HOUSE JOURNAL


EIGHTY-SIXTH LEGISLATURE, REGULAR SESSION


PROCEEDINGS


SEVENTY-THIRD DAY --- FRIDAY, MAY 24, 2019

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

The roll of the house was called and a quorum was announced present (Record 1784).

Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

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

Absent — Darby.

The invocation was offered by Kent C. Miller, retired pastor, Austin, as follows:

Most gracious God of many names gathered into one, in your wisdom and power, come meet us in this place, moving among us, endlessly becoming the guiding spirit in all we do today as we continue our work as legislators to craft a state government worthy of all your people. Deliver us today from the demons of small-mindedness and of impatience, lest in our haste our labor is foolish or harmful. Settle us down and clear the room of the spirits of contention and distrust and pettiness so that by your presence we may be able to see solutions beyond our own short horizons. By your presence we may be able to hear harmony when our legislation solves real problems. By your presence we may be able to stand together on the solid ground of justice upholding all our people. By your presence we may be able to hear the sighs of relief when our actions lift burdens from lives of people throughout Texas. O God of many names gathered into one, we invoke your presence to guide and empower each man and woman to so carefully craft their legislation and cast their vote that this ship of state may safely carry all your people through calm waters and turbulent seas in the many days ahead. Amen.

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

(Goldman in the chair)

LEAVES OF ABSENCE GRANTED

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

S. Davis on motion of Geren.

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

E. Johnson on motion of Muñoz.

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

Darby on motion of Shine.

CAPITOL PHYSICIAN

The chair recognized Representative Larson who presented Dr. Cristian Fernandez Falcon of San Antonio as the "Doctor for the Day."

The house welcomed Dr. Fernandez Falcon and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

HR 2082 - ADOPTED
(by Ortega)

Representative Ortega moved to suspend all necessary rules to take up and consider at this time HR 2082.

The motion prevailed.

The following resolution was laid before the house:

HR 2082, Commending Ginger McGalin for her service as Capitol nurse practitioner during the 86th Legislative Session.

HR 2082 was adopted.

On motion of Representative Sheffield, the names of all the members of the house were added to HR 2082 as signers thereof.

INTRODUCTION OF GUEST

The chair recognized Representative Ortega who introduced Ginger McGalin.

REGULAR ORDER OF BUSINESS SUSPENDED

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

(Geren in the chair)

HR 2002 - ADOPTED
(by Raymond)

Representative Raymond moved to suspend all necessary rules to take up and consider at this time HR 2002.

The motion prevailed.

The following resolution was laid before the house:

HR 2002, In memory of former University of Texas baseball coach August "Augie" Edmun Garrido Jr.

HR 2002 was unanimously adopted by a rising vote.

On motion of Representative Goldman, the names of all the members of the house were added to HR 2002 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Raymond who introduced former players for August "Augie" Edmun Garrido Jr.

HR 2018 - ADOPTED
(by J. Turner)

Representative J. Turner moved to suspend all necessary rules to take up and consider at this time HR 2018.

The motion prevailed.

The following resolution was laid before the house:

HR 2018, In memory of Debby Hay Spradley of Dallas.

HR 2018 was unanimously adopted by a rising vote.

On motion of Representative Raymond, the names of all the members of the house were added to HR 2018 as signers thereof.

HR 1946 - ADOPTED
(by Middleton)

Representative Middleton moved to suspend all necessary rules to take up and consider at this time HR 1946.

The motion prevailed.

The following resolution was laid before the house:

HR 1946, In memory of Jeffrey C. Weiss of Houston.

HR 1946 was unanimously adopted by a rising vote.

On motion of Representative Murphy, the names of all the members of the house were added to HR 1946 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Middleton who introduced family members of Jeffrey C. Weiss.

INTRODUCTION OF GUESTS

The chair recognized Representative Hinojosa who introduced Sarah Beth Lively and members of her family.

(Goldman in the chair)

HR 2052 - ADOPTED
(by Sherman)

Representative Sherman moved to suspend all necessary rules to take up and consider at this time HR 2052.

The motion prevailed.

The following resolution was laid before the house:

HR 2052, Commending Carl Sherman Jr. for his service on the DeSoto ISD Board of Trustees.

HR 2052 was adopted.

On motion of Representative Rose, the names of all the members of the house were added to HR 2052 as signers thereof.

INTRODUCTION OF GUEST

The chair recognized Representative Sherman who introduced Carl Sherman Jr.

HR 409 - INTRODUCTION OF GUESTS

The chair recognized Representative Murr who introduced representatives of Camp La Junta.

HR 1660 - ADOPTED
(by Toth)

Representative Toth moved to suspend all necessary rules to take up and consider at this time HR 1660.

The motion prevailed.

The following resolution was laid before the house:

HR 1660, Honoring retired U.S. Army Lt. Colonel Robert Grant Harmon of Montgomery County for his outstanding record of service.

HR 1660 was adopted.

HR 2083 - ADOPTED
(by Dutton)

Representative Dutton moved to suspend all necessary rules to take up and consider at this time HR 2083.

The motion prevailed.

The following resolution was laid before the house:

HR 2083, Commending Betty J. Hoffman for her career in education on the occasion of her 70th birthday.

HR 2083 was adopted.

HR 1881 - ADOPTED
(by Nevárez)

Representative Nevárez moved to suspend all necessary rules to take up and consider at this time HR 1881.

The motion prevailed.

The following resolution was laid before the house:

HR 1881, Recognizing the contributions of the youth football organization Club Venados.

HR 1881 was adopted.

INTRODUCTION OF GUESTS

The chair recognized Representative Nevárez who introduced representatives of Club Venados.

HR 1809 - ADOPTED
(by Nevárez)

Representative Nevárez moved to suspend all necessary rules to take up and consider at this time HR 1809.

The motion prevailed.

The following resolution was laid before the house:

HR 1809, Commending the officers and staff of Region VII of the Texas Department of Public Safety for their work in protecting the Capitol Complex in Austin.

HR 1809 was adopted.

On motion of Representatives Murphy and Minjarez, the names of all the members of the house were added to HR 1809 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Nevárez who introduced officers and staff of Region VII of the Texas Department of Public Safety.

HR 2110 - ADOPTED
(by Hunter)

Representative Hunter moved to suspend all necessary rules to take up and consider at this time HR 2110.

The motion prevailed.

The following resolution was laid before the house:

HR 2110, Recognizing the efforts of a coalition of students, teachers, counselors, administrators, veterans, and community advocates from the Coastal Bend of Texas in studying the issue of suicide among veterans and adolescents.

HR 2110 was adopted.

HR 1653 - ADOPTED
(by Reynolds)

Representative Reynolds moved to suspend all necessary rules to take up and consider at this time HR 1653.

The motion prevailed.

The following resolution was laid before the house:

HR 1653, Congratulating the Dulles High School academic decathlon team on a successful showing at the 2019 USAD Nationals competition.

HR 1653 was adopted.

On motion of Representative Miller, the names of all the members of the house were added to HR 1653 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Reynolds who introduced representatives of the Dulles High School academic decathlon team.

HR 2103 - ADOPTED
(by Nevárez)

Representative Nevárez moved to suspend all necessary rules to take up and consider at this time HR 2103.

The motion prevailed.

The following resolution was laid before the house:

HR 2103, Commemorating the signing of the memorandum of understanding between the Center for Big Bend Studies, the Instituto Nacional de Antropología e Historia, and the city of Ágreda, Spain.

HR 2103 was adopted.

On motion of Representative Anderson, the names of all the members of the house were added to HR 2103 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Nevárez who introduced representatives of Sul Ross State University and Instituto Nacional de Antropología e Historia.

HCR 181 - ADOPTED
(by Oliverson)

The following privileged resolution was laid before the house:

HCR 181

WHEREAS, HB 4686 has passed the Texas House of Representatives and the Texas Senate, been enrolled by the enrolling clerk of the house of representatives, and been signed by the speaker of the house of representatives and is being prepared to be sent to the senate; and
WHEREAS, HB 4686 contains a technical error that should be corrected; now, therefore, be it
RESOLVED, That the signature of the speaker of the house of representatives be declared null and void and that the speaker be authorized to remove the speaker's signature from enrolled HB 4686; and, be it further
RESOLVED, That the enrolling clerk of the house of representatives be hereby instructed to correct HB 4686 by striking SECTION 4 of the bill (page 4, lines 5 and 6), repealing provisions of the Special District Local Laws Code, and substituting the following appropriately numbered SECTION:
SECTION ____.  Sections 8334.103(b) and 8334.104, Special District Local Laws Code, are repealed.

HCR 181 was adopted by (Record 1785): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

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

Absent — Cole; Schaefer.

(Guillen in the chair)

LEAVE OF ABSENCE GRANTED

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

Cole on motion of Bailes.

CONGRATULATORY AND MEMORIAL CALENDAR

The following congratulatory resolutions were laid before the house:

HR 1597 (by D. Bonnen), Congratulating Ryan Lindveit on being awarded the grand prize in the New York Youth Symphony's First Music program.

HR 1599 (by White), Congratulating William Howard Townsend on his 100th Birthday.

HR 1617 (by Murr), Congratulating Vivian Torres on her retirement as the county court at law judge for Medina County.

HR 1624 (by Wu), Commending Britnee Chuor for her service as a policy analyst in the office of State Representative Gene Wu.

HR 1625 (by Wu), Commending Julia Durnan for her service as a policy analyst in the office of State Representative Gene Wu during the 86th Legislative Session.

HR 1626 (by Wu), Commending Kelsey Lammons for her service as a policy analyst in the office of State Representative Gene Wu.

HR 1627 (by J.D. Johnson), Congratulating Dr. Nghia Le of Booker T. Washington High School and The High School for Engineering Professions in Houston on winning a 2019 H-E-B Excellence in Education Leadership Award.

HR 1629 (by Holland), Commending Reid Rakow for his service as a legislative intern in the office of State Representative Justin Holland.

HR 1630 (by P. King), Congratulating Paula Jean Ard on her retirement from Weatherford ISD.

HR 1631 (by Blanco), Congratulating the boys' soccer team from Bel Air High School in El Paso on winning the 2019 UIL 5A state championship.

HR 1632 (by Blanco), Congratulating the members of the Riverside High School solar technology program and math team on earning regional awards in environmental engineering and applied mathematics.

HR 1637 (by J. González), Honoring Promise House for its work to alleviate youth homelessness in Dallas and North Texas.

HR 1638 (by J. González), Honoring Ebony Smith of Dallas for her work to bring yoga to underserved communities through Yoga N Da Hood.

HR 1639 (by Goldman), Commending Victoria Leigh Galindo for her service as an intern in the district office of State Representative Craig Goldman during the 86th Legislative Session.

HR 1640 (by Price), Recognizing May 2019 as Cystic Fibrosis Awareness Month.

HR 1641 (by Moody), Congratulating Bruce Orndorf on his 50th anniversary with the El Paso Police Department.

HR 1657 (by White), Congratulating Dylan Fairley of Lumberton High School on being named the 2019 Super Gold Boys' Soccer Coach of the Year by the Beaumont Enterprise.

HR 1643 (by Leach), Commending PJ Putnam of Dallas for providing aid to the victim of a major highway accident.

HR 1644 (by Morrison), Honoring Texas Dance Hall Preservation for its work saving historic dance halls.

HR 1645 (by D. Bonnen), Congratulating Monsignor Leo Wleczyk on his retirement as pastor of St. Michael the Archangel Catholic Church in Lake Jackson.

HR 1647 (by White), Congratulating Rachel Scoggin of Lumberton High School on being named the 2019 Super Gold Girls' Assistant Soccer Coach of the Year by the Beaumont Enterprise.

HR 1649 (by Rodriguez), Congratulating Ashley Rivera of Blazier Elementary School on being named the 2019 Area 1 Elementary Teacher of the Year in Austin ISD.

HR 1650 (by Rodriguez), Congratulating Katye Howell of Travis Early College High School on being named the 2019 High School Teacher of the Year in Austin ISD.

HR 1651 (by Rodriguez), Recognizing Paul Tovar for his contributions to the Austin community.

HR 1666 (by Herrero), Congratulating Tia A. Whitman on graduating as the valedictorian of the Banquete High School Class of 2019.

HR 1653 was previously adopted.

HR 1654 (by Kacal), Congratulating the football team from La Vega High School in Waco on winning the 2018 UIL 4A Division 1 state championship.

HR 1655 (by Kacal), Commending Dade Pritchett for his service as a legislative aide in the office of State Representative Kyle Kacal.

HR 1658 (by Guillen), Recognizing the first week of November in 2019 and 2020 as Municipal Courts Week.

HR 1659 (by White), Congratulating Jason Hopson of Lumberton High School on being named the 2019 Super Gold Girls' Soccer Coach of the Year by the Beaumont Enterprise.

HR 1660 was previously adopted.

HR 1661 (by Murr), Congratulating Janalyn Jones on her retirement as Sutton County treasurer.

HR 1662 (by Murr), Congratulating Andrew W. Barnebey on his retirement as the county commissioner for Edwards County Precinct No. 4.

HR 1663 (by Murr), Congratulating Mark Bean on his retirement as the tax assessor-collector for Edwards County.

HR 1664 (by Murr), Congratulating Terry Wheeler on his retirement as Bandera County treasurer.

HR 1667 (by Herrero), Congratulating Rodney Baltierra on graduating as the salutatorian of the Banquete High School Class of 2019.

HR 1668 (by Herrero), Congratulating Alexis Ruiz on graduating as the salutatorian of the Class of 2019 at Bishop High School.

HR 1669 (by Herrero), Congratulating Leila Contreras Villalobos on graduating as the valedictorian of the Class of 2019 at Bishop High School.

HR 1670 (by Herrero), Congratulating Oscar Peña on graduating as the salutatorian of the Class of 2019 at Roy Miller High School in Corpus Christi.

HR 1671 (by Herrero), Congratulating Amber Van Duyn on graduating as the valedictorian of the Class of 2019 at Roy Miller High School in Corpus Christi.

HR 1672 (by Lucio), Recognizing April 29 through May 5, 2019, as Healthy Texas Week.

HR 1673 (by Lucio), Commemorating the 40th anniversary of Sunrise Mall in Brownsville.

HR 1674 (by Lucio), Honoring Antonio "Tony" Martinez for his service as mayor of Brownsville.

HR 1676 (by Goldman), Commending the Fort Worth Zoo for being named the fourth best zoo in North America by USA Today.

HR 1677 (by Goldman), Congratulating the Western Hills High School Winterguard on winning the 2019 Regional AA NTCA Championships.

HR 1678 (by Martinez Fischer), Commending Andres Garza for his service as a legislative aide in the office of State Representative Trey Martinez Fischer.

HR 1679 (by Martinez Fischer), Commending Rebecca Gutierrez for her service as a legislative aide in the office of State Representative Trey Martinez Fischer.

HR 1681 (by Springer), Commending the Fairy Yardmothers for their landscaping work on the Aspermont Independent School District's campuses.

HR 1682 (by Shine), Commending Blake Dickerson for his service as a legislative aide in the office of State Representative Hugh D. Shine.

HR 1683 (by Shine), Commending Connor Leigh on his service as legislative director in the office of State Representative Hugh D. Shine.

HR 1684 (by Coleman), Honoring the University of Houston Hobby Fellows for their contributions to the 86th Texas Legislative Session.

HR 1685 (by Canales), Congratulating Coach Ray Dennis Morales of Alfonso Ramirez Elementary School in Edinburg on receiving the 2018 National All Star Teacher of the Year Award from Project Fit America.

HR 1686 (by Canales), Congratulating Coach Betty Kennan of Alfonso Ramirez Elementary School in Edinburg on receiving the 2018 National All Star Teacher of the Year Award from Project Fit America.

HR 1687 (by Canales), Congratulating Chris King on his accomplishments as director of athletics at The University of Texas Rio Grande Valley.

HR 1688 (by Kacal), Congratulating the Mart High School football team on winning the 2018 UIL 2A Division 2 state championship.

HR 1689 (by Reynolds), Congratulating the team from Dulles High School on placing second at the 2019 National Science Bowl.

HR 1691 (by Murr), Congratulating Candy Wheeler on her retirement as the county clerk for Bandera County.

HR 1692 (by Gutierrez), Congratulating Maryellen Rayner on her graduation from the University of Oklahoma.

HR 1693 (by Patterson), Honoring Yohann Lopes, founder of Our Helping Hearts, for working to provide food and care items to his fellow Texans in need.

HR 1694 (by Murr), Congratulating Ann Kothmann on her retirement as county clerk for Menard County.

HR 1695 (by Murr), Congratulating Charles McGuire on his retirement as commissioner of Precinct 2 for Kimble County.

HR 1711 (by Rodriguez), Congratulating Cynthia Ayala of Ridgetop Elementary School on her selection as the 2019 Area 2 Elementary Teacher of the Year in the Austin Independent School District.

HR 1697 (by Murr), Congratulating Eino Zapata on his retirement as justice of the peace for Bandera County Precinct 3.

HR 1698 (by Hunter), Congratulating Lynn and Michael Wright on their 50th wedding anniversary.

HR 1699 (by Murr), Congratulating William "Chad" Gipson on his retirement as commissioner of Precinct 4 for Kimble County.

HR 1700 (by Paul), Congratulating Giovanni Catanzaro on his graduation from Tarleton State University.

HR 1701 (by Murr), Congratulating Andy Wilkerson on his retirement as Bandera County commissioner for Precinct 4.

HR 1704 (by Goldman), Congratulating students from Benbrook Middle-High School on their performance at the UIL District 9-4A Academic Meet.

HR 1705 (by Murr), Congratulating Thomas W. Pollard on his retirement as county judge for Kerr County.

HR 1706 (by Springer), Congratulating Clifton Smith of Childress on his induction into the Texas Rodeo Cowboy Hall of Fame.

HR 1709 (by Reynolds), Congratulating the boys' track team from Thurgood Marshall High School in Fort Bend ISD on winning the 5A championship at the 2019 UIL Track & Field State Meet.

HR 1712 (by Rodriguez), Congratulating Kimberly Collins of the Ann Richards School for Young Women Leaders on her selection as the 2019 Middle School Teacher of the Year in Austin ISD.

HR 1713 (by Rodriguez), Honoring Eden East Restaurant & Farm on its contributions to the Austin business community.

HR 1714 (by Rodriguez), Honoring Suerte on its contributions to the Austin business community.

HR 1715 (by Rodriguez), Honoring Hops & Grain Brewing on its contributions to the Austin and San Marcos business communities.

HR 1716 (by Wu), Congratulating Victoria Brooke Loomis for earning the title of salutatorian of the Class of 2019 at Texas Connections Academy at Houston.

HR 1717 (by Wu), Congratulating Matthew Donald Whorton for earning the title of valedictorian of the Class of 2019 at Texas Connections Academy at Houston.

HR 1718 (by Wu), Congratulating Adriana Carolina Badena for earning the title of salutatorian of the Class of 2019 at Sharpstown International School in Houston.

HR 1719 (by Wu), Congratulating Juan Carlos Venancio for earning the title of valedictorian of the Class of 2019 at Sharpstown International School in Houston.

HR 1720 (by Wu), Congratulating Christian S. Orellano for earning the title of salutatorian of the Class of 2019 at Middle College High School at HCC Gulfton in Houston.

HR 1722 (by Wu), Congratulating Jonathan Herrera for earning the title of salutatorian of the Class of 2019 at Jane Long Academy in Houston.

HR 1723 (by Wu), Congratulating Rosine Mpozenzi for earning the title of valedictorian of the Class of 2019 t Jane Long Academy in Houston.

HR 1724 (by Wu), Congratulating Mario Enrique Pineda Garcia for earning the title of salutatorian of the Class of 2019 at Liberty High School in Houston.

HR 1725 (by Wu), Congratulating Karla Alejandra Montero Rivero for earning the title of valedictorian of the Class of 2019 at Liberty High School in Houston.

HR 1726 (by Wu), Congratulating Mohammad Fahad Javed for earning the title of salutatorian of the Class of 2019 at Wisdom High School in Houston.

HR 1727 (by Wu), Congratulating Mauricio Guerrero for earning the title of salutatorian of the Class of 2019 at Wisdom High School in Houston.

HR 1728 (by Wu), Congratulating Ethan Wei-Ning Song for earning the title of valedictorian of the Class of 2019 at Wisdom High School in Houston.

HR 1730 (by Martinez Fischer), Honoring former state senator Joe Bernal of San Antonio.

HR 1731 (by Martinez Fischer), Congratulating Dr. Mike Flores on becoming chancellor of the Alamo Colleges District.

HR 1732 (by Wilson), Congratulating the Milano High School boys' track and field team on winning the 2019 UIL 2A state championship.

HR 1733 (by Guerra), Honoring Tejano country musician Casey Cantu for his accomplishments.

HR 1734 (by Leman), Commending Sergeant Randy Thumann for his service and achievements as a drug interdiction officer with the Fayette County Sheriff's Office.

HR 1735 (by Dominguez), Congratulating Alan Reyes on being named Class of 2019 salutatorian at Brownsville Early College High School.

HR 1736 (by Dominguez), Congratulating Victor Arturo Rangel on graduating as the valedictorian of the Class of 2019 at Harmony School of Innovation in Brownsville.

HR 1737 (by Dominguez), Congratulating Julian Rios on graduating with honors as a member of the Brownsville Learning Academy High School Class of 2019.

HR 1739 (by Anderson), Congratulating Donald J. Baker on his retirement from the Woodway City Council.

HR 1740 (by Anderson), Recognizing theater arts students from Crawford High School for their participation in the UIL One-Act Play 2A area meet.

HR 1741 (by Anderson), Commending the students of Vanguard College Preparatory School in Waco for their involvement in Emma's Day 2019.

HR 1753 (by Murr), Congratulating Thaddeus Kirby of Mason High School on his victory in the 2A 200-meter dash at the 2019 UIL Track & Field State Meet.

HR 1743 (by Anderson), Congratulating Clyde Hart on his retirement as the director of track and field at Baylor University.

HR 1744 (by Anderson), Congratulating Dr. Roger E. Kirk of Baylor University on his recent recognition from the American Psychological Association.

HR 1745 (by Anderson), Congratulating Khalil Shelton of Waco on receiving an enlisted surface warfare specialist certificate from the U.S. Navy.

HR 1746 (by Anderson), Congratulating Robert and Robbie McMahan on their 50th wedding anniversary.

HR 1747 (by Anderson), Commending the Education Service Center Region 12 Technology Foundation for its 2019 distribution of grant money to area school districts.

HR 1748 (by Guillen), Commending Zapata County fire chief Juan Jose Meza for his service.

HR 1749 (by Dominguez), Congratulating Nancy Mendoza on graduating with honors from Lincoln Park High School in Brownsville in 2019.

HR 1750 (by Dominguez), Congratulating Lesli Pérez for being named Class of 2019 valedictorian at Valley Christian High School in Brownsville.

HR 1751 (by Dominguez), Congratulating Mauricio Rodriguez on graduating as valedictorian of the Class of 2019 at Saint Joseph Academy in Brownsville.

HR 1754 (by Murr), Congratulating Evan Shannon of Sonora High School on his victory in the 3A 1,600-meter run at the 2019 UIL Track & Field State Meet.

HR 1755 (by Murr), Congratulating Quentin Zapata of Devine High School on his victory in the 4A 110-meter hurdles at the 2019 UIL Track & Field State Meet.

HR 1756 (by Murr), Congratulating Sullivan Wilke of Bandera High School on her victory in the 4A high jump at the 2019 UIL Track & Field State Meet.

HR 1757 (by Murr), Congratulating Zoe Burleson of Rocksprings High School on her victory in the 1A discus and shot put at the 2019 UIL Track & Field State Meet.

HR 1758 (by Martinez Fischer), Honoring Lin-Manuel Miranda for his professional accomplishments and civic engagement.

HR 1759 (by Dominguez), Congratulating Maria Lucero on graduating as the salutatorian of the Class of 2019 at Harmony School of Innovation-Brownsville.

HR 1760 (by Dominguez), Congratulating Jocelyn Quintero on graduating as valedictorian of the Rivera Early College High School Class of 2019.

HR 1761 (by Dominguez), Congratulating Maria Fernanda Orizaga on graduating as valedictorian of the Jubilee Brownsville Class of 2019.

HR 1762 (by Dominguez), Congratulating Grecia Garate on graduating as valedictorian of the Brownsville Early College High School Class of 2019.

HR 1763 (by Rodriguez), Honoring Juniper on its contributions to the Austin business community.

HR 1764 (by Rodriguez), Honoring Pitchfork Pretty as a noteworthy member of the Austin business community.

HR 1765 (by Rodriguez), Honoring Revolution Spirits on its contributions to the Austin business community.

HR 1766 (by Dominguez), Congratulating Valeria Rocha on graduating as salutatorian of the Class of 2019 at Rivera Early College High School in Brownsville.

HR 1767 (by Goldman), Congratulating Debbie Mahurin on her retirement from Westpark Elementary School in Benbrook.

HR 1768 (by Dominguez), Congratulating Caleb Beane Waters on graduating as valedictorian of the Rio Hondo High School Class of 2019.

HR 1769 (by Dominguez), Congratulating Nadia Covarrubias on graduating with honors from Lincoln Park High School in Brownsville in 2019.

HR 1771 (by Bohac), Congratulating the Katy Independent School District on being named the 2019 Advanced Placement Large District of the Year by The College Board.

HR 1777 (by Hunter), Congratulating Sharon McKinney of Port Aransas ISD on being named the 2019 Superintendent of the Year for Education Service Center Region 2.

HR 1778 (by Ramos), Honoring the Far North Dallas Richardson Democrats for their contributions. (K. Bell, Burrows, Capriglione, Craddick, Harless, P. King, Leman, Metcalf, Morrison, Parker, Phelan, Price, Springer, Stucky, White, Wray, and Zerwas recorded voting no.)

HR 1779 (by Ramos), Commemorating Ramadan 2019.

HR 1780 (by Bohac), Commending the Reverend Ray Joseph Altman for his service as senior pastor of Leander United Methodist Church.

HR 1781 (by Bohac), Commending the Reverend Jonathan Ramsay Snape for his service to Leander United Methodist Church.

HR 1784 (by Wray), Congratulating Morgan Madeleine Wray on graduating as a member of the Waxahachie High School Class of 2019.

HR 1785 (by Wray), Commemorating the 170th anniversary of First United Methodist Church Waxahachie.

HR 1786 (by Wray), Congratulating Dr. Bonny Cain on her appointment as superintendent of the Waxahachie Independent School District.

HR 1788 (by Price), Honoring Sichan Siv for his service to the United States.

HR 1789 (by Price), Congratulating Georgia Estrada of Potter County on her selection as Constable of the Year by the National Constables and Marshals Association.

HR 1790 (by Dominguez), Congratulating Jessie Hainley on graduating as salutatorian of the Class of 2019 at Saint Joseph Academy in Brownsville.

HR 1791 (by Dominguez), Congratulating Dominique Karyme Garcia on graduating as salutatorian of the Jubilee Brownsville Class of 2019.

HR 1792 (by Dominguez), Congratulating Isaak Sanchez on graduating as salutatorian of the Valley Christian High School Class of 2019 in Brownsville.

HR 1793 (by Dominguez), Congratulating Josue Javier Borrego on graduating as salutatorian of the Class of 2019 at Rio Hondo High School in Brownsville.

HR 1794 (by Dominguez), Congratulating Javier Mendieta on graduating as salutatorian of the Brownsville Learning Academy High School Class of 2019.

HR 1795 (by Dominguez), Congratulating Jeini Ramos on graduating as valedictorian of the Brownsville Learning Academy High School Class of 2019.

HR 1798 (by Springer), Honoring Wes Hightower for his achievements in the music business.

HR 1799 (by D. Bonnen), Congratulating Cambria Amey of Sweeny High School on her selection as a delegate to the 2019 Congress of Future Medical Leaders.

HR 1800 (by C. Turner), Commemorating the 2019 Memorial Day event in Grand Prairie.

HR 1801 (by C. Turner), Honoring LifeLine Shelter for Families on the occasion of its 2019 Freedom Luncheon.

HR 1802 (by C. Turner), Commemorating the 2019 Arlington Fourth of July Parade.

HR 1803 (by C. Turner), Commemorating the 2019 Mansfield ISD Back-to-School Bash.

HR 1804 (by C. Turner), Commemorating the 2019 Grand Prairie Juneteenth Celebration.

HR 1805 (by Meza), Commending Maysa Mustafa for her service as a legislative intern in the office of State Representative Thresa "Terry" Meza.

HR 1806 (by Meza), Commending Gabrielle Covarrubias for her service as a legislative intern in the office of State Representative Thresa "Terry" Meza.

HR 1807 (by Meza), Commending Brooke Dal Santo for her service as a legislative intern in the office of State Representative Thresa "Terry" Meza.

HR 1808 (by Meza), Commending Alyssa Santillan for her service as a legislative intern in the office of State Representative Thresa "Terry" Meza.

HR 1810 (by C. Turner), Commending Miriam Laeky for her service as a legislative aide in the office of State Representative Chris Turner.

HR 1811 (by C. Turner), Commending Haley Entrop for her service as a legislative aide in the office of State Representative Chris Turner.

HR 1812 (by Zwiener), Honoring Dawn Capra for her service as mayor of Johnson City.

HR 1813 (by C. Turner), Commending Jordan Davis for her service as a legislative aide in the office of State Representative Chris Turner.

HR 1816 (by Ramos), Commending the Democratic Party precinct chairs of House District 102 for their outstanding service.

HR 1818 (by Rodriguez), Honoring Still Austin Whiskey Co. on its contributions to the Austin business community.

HR 1819 (by Coleman), Honoring the University of Houston Graduate College of Social Work interns for their contributions to the 86th Texas Legislative Session.

HR 1821 (by Leach), Congratulating Daniel Cox on being named the 2019 Secondary Teacher of the Year by the Plano Independent School District.

HR 1822 (by Leach), Congratulating Kulsum Mzee on her selection as the 2019 Plano ISD Elementary Teacher of the Year.

HR 1823 (by Leach), Congratulating Cynthia Buggs of Barron Elementary School on receiving a 2019 Elementary Excellence in Teaching award from Plano ISD.

HR 1824 (by Leach), Congratulating James Fossier on receiving a 2019 Plano ISD Elementary Excellence in Teaching Award.

HR 1825 (by Leach), Congratulating Sarah Mighell of Centennial Elementary School on being named the 2019 Elementary Teacher of the Year in the Plano Independent School District.

HR 1826 (by Leach), Congratulating LaGwenna Redwine on her receipt of a 2019 Elementary Excellence in Teaching Award from the Plano Independent School District.

HR 1827 (by Leach), Congratulating Kevin May on receiving a 2019 Plano ISD Secondary Excellence in Teaching Award.

HR 1828 (by Leach), Congratulating Dena McCutcheon of Murphy Middle School on receiving a 2019 Secondary Excellence in Teaching award from Plano ISD.

HR 1829 (by Leach), Congratulating Andreina Russell of Schimelpfenig Middle School on her receipt of a 2019 Secondary Excellence in Teaching award from the Plano Independent School District.

HR 1830 (by Leach), Congratulating Laura Spear on her receipt of a 2019 Secondary Excellence in Teaching award from the Plano Independent School District.

HR 1831 (by Dominguez), Congratulating Enrique "Kike" Valencia on graduating as salutatorian of the Los Fresnos High School Class of 2019.

HR 1832 (by Dominguez), Congratulating Isis D. Delgado on graduating as valedictorian of the Class of 2019 at Los Fresnos High School.

HR 1833 was withdrawn.

HR 1834 (by Herrero), Congratulating Victoria Katarina Fuentes on graduating as the valedictorian of the St. John Paul II High School Class of 2019.

HR 1835 (by Herrero), Congratulating Rachel Elizabeth Leesang on graduating as the salutatorian of the St. John Paul II High School Class of 2019.

HR 1849 (by Bohac), Congratulating the Cypress-Fairbanks Independent School District on its receipt of a 2019 Best Communities for Music Education Award from the National Association of Music Merchants Foundation.

HR 1836 (by Longoria), Congratulating Eduardo Garza Jr. of Mission on winning the Conjunto 18-21 Anthony Ortiz Jr. Prize in the 2019 Texas Folklife Big Squeeze Accordion Contest.

HR 1837 (by J. González), Congratulating the Winnetka Elementary School robotics teams on a successful 2018 season.

HR 1840 (by Guillen), Congratulating Starr County Memorial Hospital on its designation as a Level IV trauma facility by the Texas Department of State Health Services.

HR 1841 (by Price), Congratulating Lori Wilson on her retirement from Borger Middle School.

HR 1843 (by Guillen), Congratulating Frank Torres on his reappointment to the Texas Emergency Services Retirement System Board of Trustees.

HR 1844 (by Price), Congratulating Sydney Ritter of Groom High School on winning four medals at the 2019 UIL Track & Field State Meet.

HR 1845 (by Bohac), Congratulating the Cypress-Fairbanks Independent School District on its receipt of a 2019 Krystal Key Award from Quantum Learning Education.

HR 1846 (by Bohac), Congratulating the Katy Independent School District on being designated one of the "Best Communities for Music Education" by the National Association of Music Merchants Foundation in 2019.

HR 1850 (by C. Turner), Commending Marco Amaya for his service as communications director for the Texas House Democratic Caucus during the 86th Legislative Session. (K. Bell, Burrows, Capriglione, Craddick, Harless, P. King, Leman, Metcalf, Morrison, Parker, Phelan, Springer, Stucky, White, Wray, and Zerwas recorded voting no.)

HR 1851 (by C. Turner), Commending Samantha Lynn Wilkinson for her service as policy director for the Texas House Democratic Caucus during the 86th Legislative Session. (K. Bell, Burrows, Capriglione, Craddick, Harless, P. King, Leman, Metcalf, Morrison, Parker, Phelan, Springer, Stucky, White, Wray, and Zerwas recorded voting no.)

HR 1852 (by C. Turner), Congratulating Fernando A. Benavides of Sam Houston High School on his receipt of the 2019 Arlington Independent School District Secondary Principal of the Year Award.

HR 1853 (by C. Turner), Commending Sydney Mahl for her service as a legislative aide in the office of State Representative Chris Turner.

HR 1854 (by C. Turner), Commending Gary Strong for his service as legislative director in the office of State Representative Chris Turner.

HR 1855 (by Price), Commemorating the 20th anniversary of the Bell Amarillo Assembly Center.

HR 1856 was previously adopted.

HR 1857 (by C. Turner), Commending Chetan Reddy for his service as a legislative aide in the office of State Representative Chris Turner.

HR 1858 (by Lambert), Congratulating the Abilene Christian University women's basketball team on winning the Southland Conference Tournament and qualifying for the NCAA Division I tournament.

HR 1859 (by C. Turner), Commemorating the USPAACC Southwest Education Foundation 2019 Arlington Dragon Boat Festival Race for Education.

HR 1860 (by Lambert), Congratulating the Abilene Christian University men's basketball team on winning the Southland Conference Tournament and competing in the NCAA Division I tournament.

HR 1861 (by Lambert), Congratulating Glenn Dromgoole of Abilene on his induction into the Texas Literary Hall of Fame.

HR 1862 (by Clardy), Commending Richard Lee "Dick" Stone Jr. for his service as mayor of Jacksonville.

HR 1864 (by Price), Congratulating Shannon Massey on her appointment as senior vice president and general manager of Lycoming Engines.

HR 1865 (by Ashby), Congratulating Robert A. Floyd on his retirement from Hance Scarborough, LLP.

HR 1866 (by Raymond), Congratulating Mateo Simpson on his selection as the 2019 Laredo Sector Border Patrol Youth of the Year.

HR 1867 (by White), Congratulating Carrington Marendes of Woodville High School on his gold-medal and silver-medal performances at the 2019 UIL Track & Field State Meet.

HR 1868 (by White), Congratulating Jordyn Beaty of Woodville High School on her achievements at the 2019 UIL Track & Field State Meet.

HR 1869 (by White), Congratulating Bryce Barbay of Jasper High School on winning a silver medal in the 4A boys' pole vault at the 2019 UIL Track & Field State Meet.

HR 1880 was previously adopted.

HR 1870 (by White), Commending Kimberly Cline of Lumberton for her service as community and constituent relations director in the office of State Representative James White.

HR 1871 (by White), Commending Cydnye Couthran of Chester for her service as community and constituent relations director in the office of State Representative James White.

HR 1872 (by Israel), Commemorating the 26th conference of the Rainbow Alliance of the Deaf, taking place July 16-21, 2019, in Austin. (K. Bell, Burrows, Capriglione, Craddick, Harless, P. King, Leman, Metcalf, Morrison, Springer, Stucky, White, Wray, and Zerwas recorded voting no.)

HR 1873 (by White), Commending Arielle Cranfill for her service as a legislative intern in the office of State Representative James White.

HR 1874 (by White), Commending Matt Smith for his service as a policy analyst in the office of State Representative James White.

HR 1875 (by White), Commending John Daniel Hagan for his service as legislative director in the office of State Representative James White.

HR 1876 (by Israel), Congratulating St. David's North Austin Medical Center on its designation as a Level IV trauma facility by the Texas Department of State Health Services.

HR 1877 (by White), Commending Saul Mendoza for his service as chief of staff in the office of State Representative James White.

HR 1878 (by White), Congratulating Honestee Holman of Silsbee High School on her victory in the 4A girls' triple jump at the 2019 UIL Track & Field State Meet.

HR 1881 was previously adopted.

HR 1882 (by Bohac), Expressing appreciation to Susan Kay Glenn Clinton for her service to the State of Texas and to State Representative Dwayne Bohac.

HR 1883 (by Herrero), Congratulating Robbie Lugo on graduating as the salutatorian of the Class of 2019 at Mary Carroll High School in Corpus Christi.

HR 1884 (by Herrero), Congratulating Gabriel Reta on graduating as the valedictorian of the Class of 2019 at Mary Carroll High School in Corpus Christi.

HR 1885 (by Herrero), Congratulating Kathryn Wemer on her receipt of a 2017-2018 Daniel E. Kilgore Local History Award from the Nueces County Historical Society.

HR 1886 (by Herrero), Congratulating Jeff Felts on his receipt of a 2017-2018 Daniel E. Kilgore Local History Award from the Nueces County Historical Society.

HR 1887 (by Herrero), Congratulating Allison Ehrlich on her receipt of a 2017-2018 Daniel E. Kilgore Local History Award from the Nueces County Historical Society.

HR 1888 (by Herrero), Congratulating Isaac Elliot on winning the 2019 Corpus Christi Independent School District spelling bee.

HR 1889 (by Herrero), Commemorating the 35th annual Cottonfest in Robstown.

HR 1890 (by Herrero), Commemorating the 36th annual Cottonfest in Robstown.

HR 1891 (by Herrero), Commemorating the 44th annual Beach to Bay Relay Marathon in Corpus Christi.

HR 1892 (by Herrero), Commending the Nueces County Public Libraries on their observance of El Día de los Niños/El Día de los Libros in April 2019.

HR 1893 (by Herrero), Congratulating Michael A. Canales of Corpus Christi on his outstanding showing in the 2019 State Bar of Texas Law Day poster contest.

HR 1894 (by Bucy), Honoring Stephen Thomas for his service on the Cedar Park City Council.

HR 1895 (by Price), Congratulating the science bowl team from Ascension Academy in Amarillo for its performance in the 2019 National Science Bowl.

HR 1896 (by K. King), Commending the members of the Canadian High School UIL academics team for their participation in the 2019 state meet.

HR 1897 (by K. King), Congratulating Seth Dixon of Hereford High School on winning the 2019 UIL 5A wrestling state championship in the 160-pound division.

HR 1898 (by K. King), Congratulating Nicole Martinez of Booker High School on qualifying for the 2019 UIL Golf State Tournament.

HR 1899 (by K. King), Congratulating Abbie Boggs of Morton High School on her participation in the 2019 UIL Golf State Tournament.

HR 1900 (by K. King), Congratulating the Happy High School girls' golf team on its participation in the 2019 UIL Golf State Tournament.

HR 1901 (by K. King), Congratulating Ever Briseno of Spearman High School on competing in boys' wheelchair events at the 2019 UIL Track & Field State Meet.

HR 1902 (by K. King), Congratulating the students from White Deer High School who participated in the 2019 UIL Track & Field State Meet.

HR 1903 (by K. King), Congratulating the students from Tulia High School who participated in the 2019 UIL Track & Field State Meet.

HR 1904 (by K. King), Congratulating the students from Sundown High School who participated in the 2019 UIL Track & Field State Meet.

HR 1905 (by K. King), Congratulating the students from Springlake-Earth High School who participated in the 2019 UIL Track & Field State Meet.

HR 1906 (by K. King), Congratulating the students from Ropes High School who participated in the 2019 UIL Track & Field State Meet.

HR 1907 (by K. King), Congratulating the students from Littlefield High School who participated in the 2019 UIL Track & Field State Meet.

HR 1908 (by K. King), Congratulating Sabbatha Taylor from Hereford High School on participating in the 2019 UIL Track & Field State Meet.

HR 1909 (by K. King), Congratulating the students from Happy High School who participated in the 2019 UIL Track & Field State Meet.

HR 1910 (by K. King), Congratulating the students from Hale Center High School who participated in the 2019 UIL Track & Field State Meet.

HR 1911 (by K. King), Congratulating the Gruver High School students who participated in the 2019 UIL Track & Field State Meet.

HR 1912 (by K. King), Congratulating the students from Groom High School who participated in the 2019 UIL Track & Field State Meet.

HR 1913 (by K. King), Congratulating the students from Follett High School who participated in the 2019 UIL Track & Field State Meet.

HR 1914 (by K. King), Congratulating Jace Sanchez from Dimmitt High School on participating in the 2019 UIL Track & Field State Meet.

HR 1915 (by K. King), Congratulating the students from Claude High School who participated in the 2019 UIL Track & Field State Meet.

HR 1916 (by K. King), Congratulating the students from Canadian High School who participated in the 2019 UIL Track & Field State Meet.

HR 1917 (by K. King), Commending Whitharral High School UIL students for their participation in 2019 state academic competitions.

HR 1918 (by K. King), Commending the members of the Whiteface High School UIL academics team for their participation in the 2019 state meet.

HR 1919 (by K. King), Commending the Sundown High School UIL students for their participation in the 2019 state academic competitions.

HR 1920 (by K. King), Commending Davis Smith of Sudan High School for his participation in the 2019 UIL Congress State Meet.

HR 1921 (by K. King), Commending Springlake-Earth High School UIL students for their achievements in 2019 state academic competitions.

HR 1922 (by K. King), Commending the members of the Ropes High School UIL academics team for their participation in the 2019 state meet.

HR 1923 (by K. King), Commending Plains High School students who participated in the 2019 UIL state academic competitions.

HR 1924 (by K. King), Commending Cole Townsend of the Perryton High School UIL academics team for his participation in the 2019 state meet.

HR 1935 (by J. González), Congratulating Navonia Thomas on her retirement from Grand Prairie ISD.

HR 1925 (by K. King), Commending Ty Struve of the Olton High School UIL academics team for his participation in the 2019 state meet.

HR 1926 (by K. King), Commending the members of the Nazareth High School UIL academics team for their participation in the 2019 state meet.

HR 1927 (by K. King), Commending the members of the Hereford High School UIL academics team for their participation in the 2019 state meet.

HR 1928 (by K. King), Commending the members of the Happy High School UIL academics team for their participation in the 2019 state meet.

HR 1929 (by K. King), Commending the members of the Gruver High School UIL academics team for their participation in the 2019 state meet.

HR 1930 (by K. King), Commending the members of the Farwell High School UIL academics team for their participation in the 2019 state meet.

HR 1931 (by K. King), Commending Mattie Lovell of the Claude High School UIL academics team for her participation in the 2019 state meet.

HR 1932 (by K. King), Commending the members of the Clarendon High School UIL academics team for their participation in the 2019 state meet.

HR 1933 (by Dominguez), Congratulating Ricardo Cancinos Mazariegos of Brownsville on his graduation from the Texas School for the Deaf.

HR 1936 (by Raymond), Commemorating the 200th anniversary of the Texas Rangers.

SCR 64 (Leach - House Sponsor), Commending the work of the Texas State History Museum Foundation.

The resolutions were adopted.

The following memorial resolutions were laid before the house:

HR 1618 (by Wray), In memory of Jackie Gene Miller Sr. of Italy, Texas.

HR 1622 (by Raney), In memory of A. P. Boyd of College Station.

HR 1623 (by Raney), In memory of Wallace Wade "Wally" Moon of Bryan.

HR 1652 (by Herrero), In memory of Stella De La Paz of Corpus Christi.

HR 1656 (by Kacal), In memory of Carlos Nestor Beltrame of Livermore, California.

HR 1665 (by Herrero), In memory of Arturo Melve of Corpus Christi.

HR 1696 (by J.D. Johnson), In memory of Lieutenant Colonel Melvin Lewis Myers Sr. of Houston.

HR 1702 (by Hernandez), In memory of the Honorable Arthur Robert Hinojosa of Houston.

HR 1703 (by White), In memory of Charles Eugene "Charlie" Gee of Jasper.

HR 1710 (by Goodwin), In memory of Nancy McJunkin Scalise of Austin.

HR 1738 (by Dominguez), In memory of Gustavo Chavira Garza of Bayview.

HR 1742 (by Anderson), In memory of Jerry Lynch.

HR 1752 (by Buckley), In memory of C. G. "Corky" Richardson of Lampasas.

HR 1772 (by K. King), In memory of Michael Dalton O'Gorman of Shamrock.

HR 1773 (by Rodriguez), In memory of Rodolfo "Rudy" Méndez, the founder and artistic director of Ballet East Dance Company in Austin.

HR 1774 (by Guillen), In memory of James Clark Pugh of George West.

HR 1775 (by Guillen), In memory of Juan "Coach" Dominguez of Cotulla.

HR 1776 (by Guillen), In memory of Sylvia Diana Lopez of Rio Grande City.

HR 1782 (by Shine), In memory of Joe Milton Pirtle of Belton.

HR 1787 (by Price), In memory of Martha Pattillo Siv.

HR 1797 (by Herrero), In memory of Clemente B. Lopez of Robstown.

HR 1838 (by Guillen), In memory of Pedro Luis "Pete" Salinas of Duval County.

HR 1839 (by Guillen), In memory of former Starr County district clerk Juan Erasmo Saenz.

HR 1842 (by Guillen), In memory of former Raymondville city commissioner Mary Gutierrez.

HR 1863 (by Lambert), In memory of James Stephen Kelley, former Sweetwater chief of police.

HR 1879 (by Herrero), In memory of Roberto Garza Gonzalez Sr. of Robstown.

HR 1934 (by Price), In memory of Jason Ernest Roselius.

The resolutions were unanimously adopted by a rising vote.

(Goldman in the chair)

PROVIDING FOR A CONGRATULATORY
AND MEMORIAL CALENDAR
RULES SUSPENDED

Representative Guillen moved to suspend Rule 6, Section 11, Rule 6, Section 12, and Rule 10, Section 2(a), of the House Rules and all necessary rules to set a congratulatory and memorial calendar for 10 a.m. Monday, May 27.

The motion prevailed.

HB 996 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Collier called up with senate amendments for consideration at this time,

HB 996, A bill to be entitled An Act relating to the collection of consumer debt by debt buyers.

Representative Collier moved to concur in the senate amendments to HB 996.

The motion to concur in the senate amendments to HB 996 prevailed by (Record 1786): 133 Yeas, 7 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Harris; Krause; Lang; Miller; Paul; Thompson, E.

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

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

Absent — Anderson; Hinojosa; Stickland; Thompson, S.

STATEMENTS OF VOTE

When Record No. 1786 was taken, I was in the house but away from my desk. I would have voted no.

Anderson

When Record No. 1786 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1786 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1786 was taken, I was shown voting yes. I intended to vote no.

Patterson

When Record No. 1786 was taken, I was shown voting yes. I intended to vote no.

Schaefer

Senate Committee Substitute

CSHB 996, A bill to be entitled An Act relating to the collection of consumer debt by debt buyers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act shall be known as the Fair Consumer Debt Collection Act.
SECTION 2.  Subchapter D, Chapter 392, Finance Code, is amended by adding Section 392.307 to read as follows:
Sec. 392.307.  COLLECTION OF CERTAIN CONSUMER DEBT BY DEBT BUYERS. (a) In this section:
(1)  "Charged-off debt" means a consumer debt that a creditor has determined to be a loss or expense to the creditor instead of an asset.
(2)  "Debt buyer" means a person who purchases or otherwise acquires a consumer debt from a creditor or other subsequent owner of the consumer debt, regardless of whether the person collects the consumer debt, hires a third party to collect the consumer debt, or hires an attorney to pursue collection litigation in connection with the consumer debt. The term does not include:
(A)  a person who acquires in-default or charged-off debt that is incidental to the purchase of a portfolio that predominantly consists of consumer debt that has not been charged off; or
(B)  a check services company that acquires the right to collect on a paper or electronic negotiable instrument, including an Automated Clearing House (ACH) authorization to debit an account that has not been processed.
(b)  Unless otherwise expressly provided, this section prevails to the extent of any conflict between this section and any other law of this state.
(c)  A debt buyer may not, directly or indirectly, commence an action against or initiate arbitration with a consumer to collect a consumer debt after the expiration of the applicable limitations period provided by Section 16.004, Civil Practice and Remedies Code, or Section 3.118, Business & Commerce Code.
(d)  If an action to collect a consumer debt is barred under Subsection (c), the cause of action is not revived by a payment of the consumer debt, an oral or written reaffirmation of the consumer debt, or any other activity on the consumer debt.
(e)  If a debt buyer is engaged in debt collection for a consumer debt for which an action to collect the debt is barred under Subsection (c), the debt buyer, or a debt collector acting on behalf of the debt buyer, shall provide the following notice in the initial written communication with the consumer relating to the debt collection:
(1)  if the reporting period for including the consumer debt in a consumer report prepared by a consumer reporting agency has not expired under Section 605, Fair Credit Reporting Act (15 U.S.C. Section 1681c), and the debt buyer furnishes to a consumer reporting agency information regarding the consumer debt, "THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT. IF YOU DO NOT PAY THE DEBT, [INSERT NAME OF DEBT BUYER] MAY CONTINUE TO REPORT IT TO CREDIT REPORTING AGENCIES AS UNPAID FOR AS LONG AS THE LAW PERMITS THIS REPORTING. THIS NOTICE IS REQUIRED BY LAW.";
(2)  if the reporting period for including the consumer debt in a consumer report prepared by a consumer reporting agency has not expired under Section 605, Fair Credit Reporting Act (15 U.S.C. Section 1681c), but the debt buyer does not furnish to a consumer reporting agency information regarding the consumer debt, "THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT. THIS NOTICE IS REQUIRED BY LAW."; or
(3)  if the reporting period for including the consumer debt in a consumer report prepared by a consumer reporting agency has expired under Section 605, Fair Credit Reporting Act (15 U.S.C. Section 1681c), "THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT, AND WE WILL NOT REPORT IT TO ANY CREDIT REPORTING AGENCY. THIS NOTICE IS REQUIRED BY LAW."
(f)  A notice required under Subsection (e) must be in at least 12-point type that is boldfaced, capitalized, or underlined or otherwise conspicuously set out from the surrounding written material.
SECTION 3.  Section 392.402, Finance Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a)  Except as provided by Subsection (d), a [A] person commits an offense if the person violates this chapter.
(d)  This section does not apply to a violation of Section 392.307.
SECTION 4.  The changes in law made by this Act apply only to an action of a debt buyer to collect a consumer debt if the action occurs on or after the effective date of this Act. An action of a debt buyer to collect a consumer debt that occurs before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
SECTION 5.  This Act takes effect September 1, 2019.

RECESS

Representative Krause moved that the house recess until 1 p.m. today.

The motion prevailed.

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

AFTERNOON SESSION

The house met at 1:05 p.m. and was called to order by the speaker.

HB 2984 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Allison called up with senate amendments for consideration at this time,

HB 2984, A bill to be entitled An Act relating to the essential knowledge and skills of the technology applications curriculum.

Representative Allison moved to discharge the conferees and concur in the senate amendments to HB 2984.

The motion to discharge the conferees and concur in the senate amendments to HB 2984 prevailed by (Record 1787): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

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

Absent — Zwiener.

STATEMENT OF VOTE

When Record No. 1787 was taken, I was in the house but away from my desk. I would have voted yes.

Zwiener

Senate Committee Substitute

CSHB 2984, A bill to be entitled An Act relating to the essential knowledge and skills of the technology applications curriculum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 28.002, Education Code, is amended by adding Subsection (c-3) to read as follows:
(c-3)  In adopting the essential knowledge and skills for the technology applications curriculum for kindergarten through grade eight, the State Board of Education shall adopt essential knowledge and skills that include coding, computer programming, computational thinking, and cybersecurity. The State Board of Education shall review and revise, as needed, the essential knowledge and skills of the technology applications curriculum every five years to ensure the curriculum:
(1)  is relevant to student education; and
(2)  aligns with current or emerging professions.
SECTION 2.  Not later than December 31, 2020, the State Board of Education shall review and revise, as needed, the essential knowledge and skills of the technology applications curriculum as required by Section 28.002(c-3), Education Code, as added by this Act.
SECTION 3.  The State Board of Education 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 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.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 2984 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.0181 to read as follows:
Sec. 28.0181.  COMPUTER SCIENCE STRATEGIC ADVISORY COMMITTEE. (a) In this section, "advisory committee" means the computer science strategic advisory committee established under this section.
(b)  The agency shall establish the computer science strategic advisory committee to develop and provide recommendations for increasing computer science instruction and participation in public schools.
(c)  The advisory committee is composed of at least 11 members. The members must include:
(1)  two members appointed by the governor;
(2)  two members appointed by the lieutenant governor;
(3)  two members appointed by the speaker of the house of representatives;
(4)  one member appointed by the chair of the senate committee with primary jurisdiction over primary and secondary education;
(5)  one member appointed by the chair of the senate committee with primary jurisdiction over higher education;
(6)  one member appointed by the chair of the house of representatives committee with primary jurisdiction over primary and secondary education;
(7)  one member appointed by the chair of the house of representatives committee with primary jurisdiction over higher education;
(8)  one member appointed by the chair of the State Board of Education; and
(9)  any other members added by the advisory committee in a manner determined by the committee in the committee's discretion.
(d)  In appointing members to the advisory committee, the governor, lieutenant governor, and speaker of the house of representatives shall coordinate appointments to ensure that the six individuals appointed to the advisory committee collectively by those officers include:
(1)  three educators who teach in a public school and are certified in computer science;
(2)  one parent or person standing in parental relation to a student enrolled in a public school;
(3)  one person employed in the technology industry; and
(4)  one faculty member of an institution of higher education.
(e)  The governor shall designate a member of the advisory committee as the presiding officer of the advisory committee to serve in that capacity at the pleasure of the governor.
(f)  The advisory committee may hold public meetings.
(g)  Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in fulfilling committee duties.
(h)  Staff members of the agency shall provide administrative support for the advisory committee.
(i)  Funding for the administrative and operational expenses of the advisory committee shall be provided by appropriation to the agency for that purpose.
(j)  Not later than September 1, 2020, the advisory committee shall submit to the governor and the legislature a report that includes recommended changes to state law, including funding proposals and timelines for the implementation of the recommended changes. The report shall include recommendations that are intended to:
(1)  increase the number of certified computer science teachers;
(2)  increase the number of public high schools offering computer science courses;
(3)  increase the number of high school students enrolled in computer science courses;
(4)  encourage the enrollment of diverse student populations in computer science courses; and
(5)  expand computer science learning opportunities, including computer programming, computer coding, cybersecurity, and computational thinking, in public schools.
(k)  The advisory committee is abolished and this section expires January 1, 2021.
SECTION ____.  As soon as practicable after the effective date of this Act, the appropriate persons, as provided by Section 28.0181(c), Education Code, as added by this Act, shall appoint members to the computer science strategic advisory committee.

SB 2150 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED

On motion of Representative Thierry, the house granted the request of the senate for the appointment of a Conference Committee on SB 2150.

The chair announced the appointment of the following conference committee, on the part of the house, on SB 2150: Thierry, chair; Zerwas, Neave, Oliverson, and Walle.

HB 4673 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Bailes called up with senate amendments for consideration at this time,

HB 4673, A bill to be entitled An Act relating to the creation of the Chambers County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Representative Bailes moved to discharge the conferees and concur in the senate amendments to HB 4673.

The motion to discharge the conferees and concur in the senate amendments to HB 4673 prevailed by (Record 1788): 133 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; 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; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Middleton; Patterson; Springer; Wilson.

Present, not voting — Mr. Speaker(C).

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

Absent — Button; Klick; Krause; Longoria; Paul; Sanford; Thompson, E.

STATEMENTS OF VOTE

When Record No. 1788 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 1788 was taken, my vote failed to register. I would have voted no.

Krause

When Record No. 1788 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

Senate Committee Substitute

CSHB 4673, A bill to be entitled An Act relating to the creation of the Chambers County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8042 to read as follows:
CHAPTER 8042.  CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8042.0101.  DEFINITIONS. In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Chambers County Municipal Utility District No. 3.
Sec. 8042.0102.  NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.
Sec. 8042.0103.  CONFIRMATION AND DIRECTOR ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
Sec. 8042.0104.  CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8042.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
Sec. 8042.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8042.0106.  INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8042.0201.  GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8042.0202, directors serve staggered four-year terms.
Sec. 8042.0202.  TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 8042.0103; or
(2)  the fourth anniversary of the effective date of the Act enacting this chapter.
(c)  If permanent directors have not been elected under Section 8042.0103 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 8042.0103; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8042.0301.  GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 8042.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Sec. 8042.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8042.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.
(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Sec. 8042.0305.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8042.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 8042.0403.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Sec. 8042.0402.  OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8042.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
Sec. 8042.0403.  CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8042.0501.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Sec. 8042.0502.  TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 8042.0503.  BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
SECTION 2.  The Chambers County Municipal Utility District No. 3 initially includes all the territory contained in the following area:
Description of a 187.1135 acre tract of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County, Texas and being all of that certain 5.7270 acres described in Deed for undivided interest from Gregory Angel, Trustee, to Montgomery Jett Angel Trust dated October 30, 2018 and recorded under County Clerk's File #2018-137473 of the Official Public Records of Chambers County, Texas; all of the residue of that certain called 154.072 acres (Tract 3) conveyed by Chambers Grand Parkway Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed dated November 16, 2009 and recorded in Volume 1161 at Page 209 of the Official Public Records of Chambers County, Texas; all of that certain called 41.7490 acres conveyed by Park Block, Ltd. to The Noor Foundation by Correction Deed dated April 30, 2018 and recorded under County Clerk's File #2018-131695 of the Official Public Records of Chambers County, Texas; and all of that certain 27.497 acres conveyed by Mrs. Annie Pauline Miller to Harry W. Freeman, Trustee, by Deed dated February 1, 1956 and recorded under Volume 173 at Page 303 of the Deed Records of Chambers County, Texas (now carried in the name of Family Interests, Ltd. on tax roll). This 187.1135 acres is more particularly described by the following metes and bounds, to-wit:
Beginning at a point in the South right-of-way line of Interstate Highway No. 10 (300 feet wide right-of-way) for the Northwest corner of that certain 40.323 acres described in Lis Pendens dated June 6, 2005, styled State of Texas vs. Family Interests, Ltd., recorded in Volume 781 at Page 367 of the Official Public Records of Chambers County, Texas and the Northeast corner of said 5.7270 acres. Said point being at the intersection of the South right-of-way line of said Interstate Highway No. 10 with the West right-of-way line of State Highway 99 (a/k/a East Grand Parkway South) and being the Northernmost Northeast corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.
Thence: South 02°31'30" East along the Northernmost East line of this tract, the East line of said 5.7270 acres, the Northernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99 for a distance of 50.17 feet to a point for an interior corner of this tract, an exterior corner of said 40.323  acres, an exterior corner of said State Highway 99 and the Northernmost corner of said 154.072 acres. Said point being the BEGINNING POINT of a curve to the right, concave Southerly.
Thence: Along and around said curve to the right, in an Southeasterly direction, along the Southernmost East line of this tract, the East line of said 154.072 acres, a West line of said 40.323 acres and the West right-of-way line of said State Highway 99, said curve having a radius of 1110.92 feet, a central angle of 28°44'53" and a chord bearing and distance of South 61°49'04" East 551.57 feet, for an arc length of 557.40 feet to a point for the TERMINATION POINT of said curve.
Thence: South 27°18'35" East along the Southernmost East line of this tract, the East line of said 154.072 acres, the Southernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99, for a distance of 2133.74 feet to a point for the BEGINNING POINT of a curve to the right, concave Westerly.
Thence: Along and around said curve to the right, in a Southerly direction, along the Southernmost East line of this tract, the East line of said 154.072 acres, the East line of said 41.7490 acres, the Southernmost West line of said 40.323 acres and the West right-of-way line of said State Highway 99, said curve having a radius of 2664.77 feet, a central angle of 57°06'14", a chord bearing and distance of South 01°14'09" West 2547.28 feet, for an arc length of 2655.85 feet to a point in the South line of said Chambers County School Land Survey and the North line of the Jacob Townsend Survey, Abstract 25, Chambers County, Texas. Said point being in the North line of that certain called 92.3102 acres conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the Official Public Records of Chambers County, Texas and being the Southeast corner of this tract, the Southeast corner of said 41.7490 acres and the Southwest corner of said 40.323 acres.
Thence: South 87°32'17" West along the Easternmost South line of this tract, the South line of said Chambers County School Land Survey, the South line of said 41.7490 acres, the South line of said 154.072 acres, the North line of said 92.3102 acres and the North line of said Townsend Survey for a distance of 945.19 feet to a point for the Southernmost Southwest corner of this tract, the Southwest corner of said 41.7490 acres, the Southernmost Southwest corner of said 154.072 acres and the Southeast corner of that certain called 32.10 acres conveyed by Gordon W. Speer to Speer Properties, Inc. by Deed dated February 28, 2002 and recorded in Volume 549 at Page 766 of the Official Public Records of Chambers County, Texas.
Thence: North 02°27'43" West along the Southernmost West line of this tract, the Southernmost West line of said 154.072 acres, the West line of said 41.7490 acres and the East line of said 32.10 acres for a distance of 1478.65 feet to a point for an interior corner of this tract, the Northwest corner of said 41.7490 acres and the Northeast corner of said 32.10 acres.
Thence: South 87°32'17" West along the Westernmost South line of this tract, the Westernmost South line of said 154.072 acres, the North line of said 32.10 acres and the North line of that certain called 1.9821 acres conveyed by Gordon W. Speer to Speer Properties, Inc. by Deed dated February 28, 2002 and recorded in Volume 549 at Page 769 of the Official Public Records of Chambers County, Texas, for a distance of 1478.70 feet to a point for the Westernmost Southwest corner of this tract, the Westernmost Southwest corner of said 154.072 acres and the Northwest corner of said 1.9821 acres.
Thence: North 02°27'43" West along the Westernmost West line of this tract, the Westernmost West line of said 154.072 acres, and the East line of that certain 4.391 acres conveyed by Leola Trichel, et al, to Speer Properties, Inc. by Deed dated September 13, 1989 and recorded in Volume 89 at Page 126 of the Official Public Records of Chambers County, Texas, for a distance of 1040.40 feet to a point for the Southwest corner of said called 27.497 acres.
Thence: Continue North 02°27'43" West along the Westernmost West line of this tract, the Westernmost West line of said 154.072 acres, the West line of said 27.497 acres, the East line of said 4.391 acres and the East line of that certain called 1.49 acres conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line Company by Deed dated December 24, 1954 and recorded in Volume 163 at Page 459 of the Deed Records of Chambers County, Texas, for a distance of 1086.56 feet to a point for the Westernmost Northwest corner of this tract, the Northwest corner of said 27.497 acres and the Southwest corner of that certain called 20.98 acres conveyed by Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate Records of Chambers County, Texas.
Thence: North 87°37'17" East along the Westernmost North line of this tract, the North line of said 27.497 acres and the South line of said 20.98 acres for a distance of 1094.44 feet to a point for the Northeast corner of said 27.497 acres and an exterior corner of said 154.072 acres.
Thence: Continue North 87°37'17" East along the Westernmost North line of this tract, the Westernmost North line of said 154.072 acres and the South line of said 20.98 acres for a distance of 123.63 feet to a point for an interior corner of this tract, an interior corner of said 154.072 acres and the Southeast corner of said 20.98 acres.
Thence: North 02°31'30" West along an interior West line of this tract, the Northernmost West line of said 154.072 acres and the East line of said 20.98 acres for a distance of 764.88 feet to a point for an interior corner of this tract, the Northeast corner of said 20.9  acres and the Southeast corner of the heretofore mentioned 5.7270 acres.
Thence: South 87°31'35" West along an interior line of this tract, the South line of said 5.7270 acres and the North line of said 20.98 acres for a distance of 607.18 feet to a point for an exterior corner of this tract, the Southwest corner of said 5.7270 acres and the Southeast corner of that certain 4.964 acres conveyed by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated August 18 and 19, 2016 and recorded in Volume 167  at Page 404 of the Official Public Records of Chambers County, Texas.
Thence: North 02°17'47" West along the Northernmost West line of this tract, the West line of said 5.7270 acres and the East line of said 4.964 acres for a distance of 383.93 feet to a point in the South right-of-way line of said Interstate Highway No. 10 for the Northernmost Northwest corner of this tract, the Northwest corner of said 5.7270 acres and the Northeast corner of said 4.964 acres.
Thence: North 82°20'19" East along the Northernmost North line of this tract, the North line of said 5.7270 acres and the South right-of-way line of said Interstate Highway No. 10 for a distance of 608.09 feet to the PLACE OF BEGINNING and containing within these boundaries 187.1135 acres or 8,150,665 square feet of land.
SECTION 3.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 4.  (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8042, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8042.0306 to read as follows:
Sec. 8042.0306.  NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
(b)  This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.
SECTION 5.  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 4674 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Bailes called up with senate amendments for consideration at this time,

HB 4674, A bill to be entitled An Act relating to the creation of the Chambers County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Representative Bailes moved to discharge the conferees and concur in the senate amendments to HB 4674.

The motion to discharge the conferees and concur in the senate amendments to HB 4674 prevailed by (Record 1789): 129 Yeas, 11 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Herrero; 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; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Bonnen; Cain; Goldman; Hefner; Hinojosa; Patterson; Springer; Swanson; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

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

Absent — Hernandez; Meza; Ortega; Thompson, E.; Tinderholt.

STATEMENTS OF VOTE

When Record No. 1789 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 1789 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 1789 was taken, I was shown voting yes. I intended to vote no.

Murr

When Record No. 1789 was taken, I was in the house but away from my desk. I would have voted no.

Tinderholt

Senate Committee Substitute

CSHB 4674, A bill to be entitled An Act relating to the creation of the Chambers County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8039 to read as follows:
CHAPTER 8039.  CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8039.0101.  DEFINITIONS. In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Chambers County Municipal Utility District No. 2.
Sec. 8039.0102.  NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.
Sec. 8039.0103.  CONFIRMATION AND DIRECTOR ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
Sec. 8039.0104.  CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8039.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
Sec. 8039.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8039.0106.  INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8039.0201.  GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8039.0202, directors serve staggered four-year terms.
Sec. 8039.0202.  TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 8039.0103; or
(2)  the fourth anniversary of the effective date of the Act enacting this chapter.
(c)  If permanent directors have not been elected under Section 8039.0103 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 8039.0103; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8039.0301.  GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 8039.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Sec. 8039.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8039.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.
(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Sec. 8039.0305.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8039.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 8039.0403.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Sec. 8039.0402.  OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8039.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
Sec. 8039.0403.  CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8039.0501.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Sec. 8039.0502.  TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 8039.0503.  BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
SECTION 2.  The Chambers County Municipal Utility District No. 2 initially includes all the territory contained in the following area:
Being a 363.441 acre tract of land located in the B. Winfree Survey, Abstract No. 28, Chambers County, Texas; said 363.441 acre tract being all of a called 171.900 acre tract of land (Tract 1) and all of a called 191.541 acre tract of land (Tract 2) recorded in the name of Ameriport, LLC. in Document No. 2018-134001 of the Official Public Records of Chambers County (O.P.R.C.C.); said 363.441 acre tract being more particularly described as Tract 1 and Tract 2 by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System, North American Datum 1983 (NAD 83), South Central Zone):
Tract 1:
Beginning at a called 5/8-inch iron rod at the northeast corner of said 171.900 acre tract and the northwest corner of a called 43.23 acre tract of land recorded in the name of Guy Pfitzner in Volume 1573, Page 416 of the O.P.R.C.C., and being on the southerly line of a called 254.14 acre tract of land recorded in the name of Grand Parkway/Kilgore Parkway, L.P. in Volume 1067, Page 264 of the O.P.R.C.C.;
1.  Thence, with the easterly line of said 171.900 acre tract and the westerly line of said 43.23 acre tract, South 02 degrees 47 minutes 36 seconds East, a distance of 2,995.19 feet to the southeast corner of said 171.900 acre tract and the southwest corner of said 43.23 acre tract, and being on the northwesterly right-of-way line of FM 565 (width varies) as recorded in Volume 121, Page 151 and 214 and Volume 978, Page 325 of the C.C.D.R.;
2.  Thence, with the southeasterly line of said 171.900 acre tract and said northwesterly right-of-way line of FM 565, South 50 degrees 13 minutes 52 seconds West, a distance of 856.17 feet;
3.  Thence, continuing with said southeasterly line of the 171.900 acre tract and said northwesterly right-of-way line of FM 565, South 50 degrees 17 minutes 52 seconds West, a distance of 1,904.70 feet to the southwesterly corner of said 171.900 acre tract and being at the intersection with the northeasterly right-of-way line of Needlepoint Road (width varies);
4.  Thence, with the westerly line of said 171.900 acre tract and said easterly right-of-way line of Needlepoint Road, North 28 degrees 59 minutes 14 seconds West, a distance of 214.63 feet to the most southerly corner of a called 27.650 acre tract of land recorded in the name of State of Texas in Volume 570, Page 546 and Volume 899, Page 415 of the O.P.R.C.C., and being on the easterly right-of-way line of State Highway 99 (Grand Parkway) (width varies);
Thence, with the westerly line of said 171.900 acre tract and said easterly right-of-way line of State Highway 99, the following five (5) courses:
5.  North 08 degrees 03 minutes 08 seconds West, a distance of 169.59 feet;
6.  North 16 degrees 55 minutes 00 seconds East, a distance of 766.59 feet;
7.  679.78 feet along the arc of a curve to the left, said curve having a central angle of 19 degrees 28 minutes 27 seconds, a radius of 2,000.00 feet and a chord that bears North 07 degrees 10 minutes 49 seconds East, a distance of 676.51 feet;
8.  North 02 degrees 33 minutes 28 seconds West, a distance of 1,718.97 feet;
9.  1,206.61 feet along the arc of a curve to the right, said curve having a central angle of 10 degrees 02 minutes 11 seconds, a radius of 6,888.29 feet and a chord that bears North 02 degrees 27 minutes 38 seconds East, a distance of 1,205.07 feet to the northwest corner of aforesaid 171.900 acre tract and the southwest corner of aforesaid 254.14 acre tract;
10.  Thence, with the northerly line of said 171.900 acre tract and the southerly line of said 254.14 acre tract, North 87 degrees 39 minutes 30 seconds East, a distance of 1,824.19 feet to the Point of Beginning and containing 171.900 acres of land in Tract 1.
Tract 2:
Beginning at a called 5/8-inch iron rod at the southwest corner of aforesaid 191.541 acre tract and the northwest corner of a called 1.228 acre tract of land recorded in the name of Johland Investments, LLC. in Volume 1704, Page 156 of the O.P.R.C.C., and being on the northeasterly right-of-way line of FM 2354 (120.00-feet wide) as recorded in Volume 191, Page 542 of the Chambers County Deed Records (C.C.D.R.);
1.  Thence, with the southwesterly line of said 191.541 acre tract and said northeasterly right-of-way line of FM 2354, 485.65 feet along the arc of a curve to the left, said curve having a central angle of 04 degrees 51 minutes 23 seconds, a radius of 5,729.58 feet and a chord that bears North 37 degrees 33 minutes 03 seconds West, a distance of 485.51 feet;
2.  Thence, continuing with said southwesterly line of the 191.541 acre tract and said northeasterly right-of-way line of FM 2354, North 40 degrees 38 minutes 16 seconds West, a distance of 857.53 feet to the southerly end of a cutback corner at the intersection with the southeasterly right-of-way line of aforesaid FM 565;
3.  Thence, with said cutback, North 13 degrees 53 minutes 15 seconds West, a distance of 111.07 feet to the northerly end of said cutback;
4.  Thence, with the northwesterly line of said 191.541 and said southeasterly right-of-way line of FM 565, North 50 degrees 17 minutes 52 seconds East, a distance of 1,842.85 feet;
5.  Thence, continuing with said northwesterly line of the 191.541 acre tract and said southeasterly right-of-way line, North 50 degrees 13 minutes 52 seconds East, a distance of 1,471.18 feet to the most northerly corner of said 191.541 acre tract and the westerly corner of Tiffany Acres Section 2, a subdivision recorded in Volume A, Page 243 of the Chambers County Map Records (C.C.M.R.);
6.  Thence, with the northeasterly line of said 191.541 acre tract, the southwesterly line of said Tiffany Acres Section 2, and the southwesterly line of a called 2.000 acre tract of land recorded in the name of David Michael McAdams and Jodie L. McAdams in Volume 662, Page 363 of the O.P.R.C.C., South 39 degrees 41 minutes 39 seconds East, a distance of 2,744.85 feet to the most easterly northeast corner of said 191.541 acre tract and the southerly corner of said 2.000 acre tract, and being on the westerly line of a called 2.000 acre tract of land recorded in the name of Norberto Pagan and Delia Pagan in Volume 236, Page 460 of the O.P.R.C.C.;
7.  Thence, with the easterly line of said 191.541 acre tract, the westerly line of said 2.000 acre tract, the westerly line of a called 1.000 acre tract of land recorded in the name of Valentin Garcia and Hilda A. Garcia in Volume 236, Page 474 of the O.P.R.C.C., the westerly line of a called 1.000 acre tract of land recorded in the name of Wyman Tod Stephens in Volume 1215, Page 524 of the O.P.R.C.C., the westerly line of a called 2.00 acre tract of land recorded in the name of Graciela Hurtado Reyna in Volume 1502, Page 625 of the O.P.R.C.C., and the westerly line of a called 1.9912 acre tract of land recorded in the name of Dennis Ray Peting and Drena Lee Peting in Volume 150, Page 218 of the O.P.R.C.C., South 02 degrees 45 minutes 29 seconds East, a distance of 637.48 feet to the most easterly southeast corner of said 191.541 acre tract and the northeast corner of a called 7.965 acre tract recorded in the name of NEQ Investments, LLC. in Volume 952, Page 729 of the O.P.R.C.C.;
8.  Thence, with the southerly line of said 191.541 acre tract and the northerly line of said 7.965 acre tract, South 86 degrees 48 minutes 29 seconds West, a distance of 1,085.42 feet to an interior corner of said 191.541 acre tract and the northwest corner of said 7.965 acre tract;
9.  Thence, with an easterly line of said 191.541 acre tract and the westerly line of said 7.965 acre tract, South 03 degrees 11 minutes 31 seconds East, a distance of 320.00 feet to the most southerly southeast corner of said 191.541 acre tract, the southwest corner of said 7.965 acre tract, and the northeast corner of a called 8.66 acre tract of land recorded in the name of David L. Gamble in Volume 337, Page 419 of the O.P.R.C.C.;
10.  Thence, with the southerly line of said 191.541 acre tract, the northerly line of said 8.66 acre tract, the northerly line of a called 1.7 acre tract recorded in the name of General Telephone Company (Verizon Communications-Texas) in Volume 307, Page 642 of the O.P.R.C.C., the northerly line of a called 2.1681 acre tract of land recorded in the name of David Schaffer and wife, Donna Schaffer in Volume 27, Page 509 of the O.P.R.C.C., and the northerly line of aforesaid 1.228 acre tract, South 86 degrees 48 minutes 29 seconds West, a distance of 2,389.16 feet to the Point of Beginning and containing 191.541 acres of land in Tract 2.
SECTION 3.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 4.  (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8039, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8039.0306 to read as follows:
Sec. 8039.0306.  NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
(b)  This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.
SECTION 5.  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 2143 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative J. Turner called up with senate amendments for consideration at this time,

HB 2143, A bill to be entitled An Act relating to the eligibility of a first responder for workers' compensation benefits for post-traumatic stress disorder.

Representative J. Turner 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 2143.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2143: J. Turner, chair; Cole, Darby, Patterson, and Wray.

HB 1139 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 1139, A bill to be entitled An Act relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Representative S. Thompson 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 1139.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 1139: S. Thompson, chair; Krause, Leach, Moody, and White.

HB 3842 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative T. King called up with senate amendments for consideration at this time,

HB 3842, A bill to be entitled An Act relating to the requirement that a motor vehicle dealer obtain a general distinguishing number for a consignment location.

Representative T. King 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 3842.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3842: T. King, chair; Canales, Geren, Goldman, and Harless.

HB 722 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Larson called up with senate amendments for consideration at this time,

HB 722, A bill to be entitled An Act relating to the development of brackish groundwater.

Representative Larson 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 722.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 722: Larson, chair; Dominguez, Farrar, Metcalf, and Price.

HB 510 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Wilson called up with senate amendments for consideration at this time,

HB 510, A bill to be entitled An Act relating to the power of certain counties to enact park use rules.

Representative Wilson 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 510.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 510: Wilson, chair; Bucy, Cyrier, J.D. Johnson, and Morrison.

HR 1489 - INTRODUCTION OF GUESTS

The chair recognized Representative Y. Davis who introduced Zekarias Abnet and members of his family.

HB 2327 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative G. Bonnen called up with senate amendments for consideration at this time,

HB 2327, A bill to be entitled An Act relating to preauthorization of certain medical care and health care services by certain health benefit plan issuers and to the regulation of utilization review, independent review, and peer review for health benefit plan and workers' compensation coverage.

Representative G. Bonnen 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 2327.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2327: G. Bonnen, chair; Lucio, Oliverson, C. Turner, and Zerwas.

HB 2909 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Klick called up with senate amendments for consideration at this time,

HB 2909, A bill to be entitled An Act relating to election practices and procedures; creating a criminal offense.

Representative Klick 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 2909.

HB 2909 - POINT OF ORDER

Representative Israel raised a point of order against further consideration of HB 2909 under Rule 11, Section 2, of the House Rules on the grounds that the senate amendments are not germane to the bill.

REMARKS ORDERED PRINTED

Representative Cain moved to print remarks by Representative Parker on HCR 180 on May 23.

The motion prevailed.

HB 2909 - (consideration continued)

The point of order was withdrawn.

The motion 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 2909 prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2909: Klick, chair; Bucy, Burrows, Geren, and Israel.

HB 1634 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Kuempel called up with senate amendments for consideration at this time,

HB 1634, A bill to be entitled An Act relating to the imposition and rate of the county hotel occupancy tax in certain counties; authorizing the imposition of a tax.

Representative Kuempel 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 1634.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 1634: Kuempel, chair; Guillen, Kacal, K. King, and Rodriguez.

HB 2287 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Moody called up with senate amendments for consideration at this time,

HB 2287, A bill to be entitled An Act relating to the operations of certain municipal housing authorities.

Representative Moody 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 2287.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2287: Moody, chair; Blanco, Button, M. González, and Ortega.

HB 3284 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Sheffield called up with senate amendments for consideration at this time,

HB 3284, A bill to be entitled An Act relating to prescribing and dispensing controlled substances and monitoring the prescribing and dispensing of controlled substances under the Texas Controlled Substances Act; providing for administrative penalties.

Representative Sheffield 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 3284.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3284: Sheffield, chair; Howard, Moody, Stucky, and Zerwas.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

HB 3800 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 3800, A bill to be entitled An Act relating to required reporting of human trafficking cases by certain law enforcement entities and by prosecutors.

Representative S. Thompson 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 3800.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3800: S. Thompson, chair; Collier, Lang, Nevárez, and Paul.

HB 3906 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Huberty called up with senate amendments for consideration at this time,

HB 3906, A bill to be entitled An Act relating to the administration of assessment instruments used to assess the performance of public school students.

Representative Huberty 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 3906.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3906: Huberty, chair; K. Bell, Bernal, M. González, and VanDeaver.

HB 3636 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Morrison called up with senate amendments for consideration at this time,

HB 3636, A bill to be entitled An Act relating to the transfer of certain state property from the Texas Department of Criminal Justice to DeWitt County.

Representative Morrison 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 3636.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3636: Morrison, chair; Cyrier, Gervin-Hawkins, Kacal, and Leman.

HB 2764 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Frank called up with senate amendments for consideration at this time,

HB 2764, A bill to be entitled An Act relating to minimum standards and caregiver training for substitute care providers for children in the conservatorship of the Department of Family and Protective Services.

Representative Frank 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 2764.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2764: Frank, chair; Klick, Minjarez, Moody, and Noble.

HB 3388 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Sheffield called up with senate amendments for consideration at this time,

HB 3388, A bill to be entitled An Act relating to the reimbursement of prescription drugs under Medicaid and the child health plan program.

Representative Sheffield 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 3388.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3388: Sheffield, chair; Lucio, Price, Raymond, and Zerwas.

HB 2831 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Canales called up with senate amendments for consideration at this time,

HB 2831, A bill to be entitled An Act relating to the service of notice of a special commissioners' hearing in an eminent domain proceeding.

Representative Canales 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 2831.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2831: Canales, chair; Craddick, Leman, Minjarez, and Nevárez.

(Speaker pro tempore in the chair)

HB 1355 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Button called up with senate amendments for consideration at this time,

HB 1355, A bill to be entitled An Act relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.

Representative Button 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 1355.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 1355: Button, chair; Cain, Holland, Paul, and Bowers.

HB 475 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Howard called up with senate amendments for consideration at this time,

HB 475, A bill to be entitled An Act relating to information for foster children who are pregnant or minor parents.

Representative Howard moved to concur in the senate amendments to HB 475.

The motion to concur in the senate amendments to HB 475 prevailed by (Record 1790): 139 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; 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, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.

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

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

Absent — Farrar; Johnson, J.D.; Patterson; Turner, C.; Wu.

Senate Committee Substitute

CSHB 475, A bill to be entitled An Act relating to information for foster children who are pregnant or minor parents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.130 to read as follows:
Sec. 264.130.  PREGNANCY AND PARENTING INFORMATION. The department at developmentally appropriate stages shall ensure that children in the managing conservatorship of the department who are pregnant or who are minor parents receive information on and support in providing safe environments for children, including information and support regarding:
(1)  safe sleeping arrangements;
(2)  suggestions for childproofing potentially dangerous settings in a home;
(3)  child development and methods to cope with challenging behaviors;
(4)  selection of appropriate substitute caregivers;
(5)  a child's early brain development, including the importance of meeting an infant's developmental needs by providing positive experiences and avoiding adverse experiences;
(6)  the importance of paternal involvement in a child's life and methods for coparenting;
(7)  the benefits of reading, singing, and talking to young children;
(8)  the importance of prenatal and postpartum care for both the mother and infant, including the impact of and signs for perinatal mood disorders;
(9)  infant nutrition and the importance of breastfeeding; and
(10)  healthy relationships, including the prevention of intimate partner violence.
SECTION 2.  This Act takes effect September 1, 2019.

HB 1051 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative VanDeaver called up with senate amendments for consideration at this time,

HB 1051, A bill to be entitled An Act relating to an adult education program provided under an adult high school diploma and industry certification charter school program, eligibility of certain students for Foundation School Program benefits, and reporting requirements regarding certain students.

Representative VanDeaver moved to concur in the senate amendments to HB 1051.

The motion to concur in the senate amendments to HB 1051 prevailed by (Record 1791): 135 Yeas, 6 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; 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; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Krause; Lang; Stickland; Tinderholt.

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

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

Absent — Farrar; Swanson; Zedler.

Senate Committee Substitute

CSHB 1051, A bill to be entitled An Act relating to an adult education program provided under an adult high school diploma and industry certification charter school program and reporting requirements regarding certain students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 12.137(a), Education Code, is amended to read as follows:
(a)  This section applies only to:
(1)  an open-enrollment charter school designated as a dropout recovery school as described by Section 12.1141(c) if the enrollment of the school consists only of students 17 years of age and older; and
(2)  an adult education program provided under a high school diploma and industry certification charter school [pilot] program under Section 29.259.
SECTION 2.  Sections 29.081(d) and (d-1), Education Code, are amended to read as follows:
(d)  For purposes of this section, "student at risk of dropping out of school" includes each student who:
(1)  is under 26 years of age and who:
(A) [(1)]  was not advanced from one grade level to the next for one or more school years;
(B) [(2)]  if the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;
(C) [(3)]  did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;
(D) [(4)]  if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;
(E) [(5)]  is pregnant or is a parent;
(F) [(6)]  has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;
(G) [(7)]  has been expelled in accordance with Section 37.007 during the preceding or current school year;
(H) [(8)]  is currently on parole, probation, deferred prosecution, or other conditional release;
(I) [(9)]  was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;
(J) [(10)]  is a student of limited English proficiency, as defined by Section 29.052;
(K) [(11)]  is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;
(L) [(12)]  is homeless, as defined by 42 U.S.C. Section 11302, and its subsequent amendments; or
(M) [(13)]  resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation; or
(2)  regardless of the student's age, participates in an adult education program provided under a high school diploma and industry certification charter school program under Section 29.259.
(d-1)  Notwithstanding Subsection (d)(1)(A) [(d)(1)], a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.
SECTION 3.  The heading for Section 29.259, Education Code, is amended to read as follows:
Sec. 29.259.  ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM.
SECTION 4.  Section 29.259, Education Code, is amended by amending Subsections (b), (g), (j), and (m) and adding Subsections (g-1), (i-1), and (i-2) to read as follows:
(b)  The commissioner shall establish an adult high school diploma and industry certification charter school [pilot] program as provided by this section as a strategy for meeting industry needs for a sufficiently trained workforce within the state.
(g)  A person who is at least 18 [19] years of age and not more than 50 years of age is eligible to enroll in the adult education program under this section if the person [has not earned a high school equivalency certificate and]:
(1)  has failed to complete the curriculum requirements for high school graduation; or
(2)  has failed to perform satisfactorily on an assessment instrument required for high school graduation.
(g-1)  In admitting students to the adult education program under this section, the nonprofit entity shall give priority to a person who has not earned a high school equivalency certificate.
(i-1)  The adult education program offered under this section must:
(1)  use an instructional model in which at least 75 percent of instruction is delivered by a teacher in an in-person, interactive classroom setting; and
(2)  provide support services to students, including:
(A)  child care at no cost to students;
(B)  life coaching services, at a ratio not to exceed one life coach for every 100 students, that use strategic and holistic interventions designed to facilitate graduation planning and assist students in overcoming life obstacles to achieve academic and career goals;
(C)  mental health counseling; and
(D)  for students with identified disabilities or impairments, instructional support services.
(i-2)  If money is appropriated for a state fiscal year for expansion of the program under this section, not later than June 30 of the state fiscal year in which the appropriation is made, the nonprofit entity granted a charter under this section must submit any request for approval of an expansion amendment. The expansion amendment is considered approved if the commissioner does not provide written notice to the nonprofit entity of the disapproval of the expansion amendment on or before August 1.
(j)  Funding for an adult education program under this section is provided based on the following:
(1)  for participants who are 26 years of age and older, an amount per participant from available general revenue funds appropriated for the [pilot] program equal to the statewide average amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program to an open-enrollment charter school under Section 12.106 were the student under 26 years of age; and
(2)  for participants who are at least 18 [19] years of age and under 26 years of age, an amount per participant through the Foundation School Program equal to the amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program for the student's attendance at an open-enrollment charter school in accordance with Section 12.106.
(m)  The commissioner shall adopt rules necessary to administer the [pilot] program under this section. In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this section that provides for adult education.
SECTION 5.  Section 29.259(d), Education Code, as amended by Chapter 98 (SB 276), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(d)  Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, the commissioner may, on the basis of an application submitted, grant a charter under the [pilot] program to a single nonprofit entity described by Subsection (e) to provide an adult education program for individuals described by Subsection (g) to successfully complete:
(1)  a high school program that can lead to a diploma; and
(2)  career and technology education courses that can lead to industry certification.
SECTION 6.  Section 39.053, Education Code, is amended by adding Subsection (g-4) to read as follows:
(g-4)  For purposes of the computation of dropout and completion rates such as high school graduation rates under Subsection (c)(1)(B)(ix), the commissioner shall exclude a student who was reported as having dropped out of school under Section 42.006(a-9), and the student may not be considered to have dropped out from the school district or campus in which the student was last enrolled.
SECTION 7.  Section 42.003(a), Education Code, is amended to read as follows:
(a)  A student is entitled to the benefits of the Foundation School Program if, on September 1 of the school year, the student:
(1)  is 5 years of age or older and under 21 years of age and has not graduated from high school, or is at least 21 years of age and under 26 years of age and has been admitted by a school district to complete the requirements for a high school diploma; or
(2)  is at least 18 [19] years of age and under 26 years of age and is enrolled in an adult high school diploma and industry certification charter school [pilot] program under Section 29.259.
SECTION 8.  Section 42.006, Education Code, is amended by adding Subsections (a-8) and (a-9) to read as follows:
(a-8)  The commissioner by rule shall require each school district and open-enrollment charter school to annually report through the Public Education Information Management System information regarding the number of students who are enrolled in a high school equivalency program, a dropout recovery school, or an adult education program provided under a high school diploma and industry certification charter school program provided by the district or school and who:
(1)  are at least 18 years of age and under 26 years of age;
(2)  have not previously been reported to the agency as dropouts; and
(3)  enroll in the program at the district or school after not attending school for a period of at least nine months.
(a-9)  A student reported under Subsection (a-8) as having enrolled in a high school equivalency program, a dropout recovery school, or an adult education program provided under a high school diploma and industry certification charter school program must be reported through the Public Education Information Management System as having previously dropped out of school.
SECTION 9.  This Act applies beginning with the 2019-2020 school year.
SECTION 10.  To ensure accurate funding for students enrolled in an adult high school diploma and industry certification charter school program under Section 29.259, Education Code, as amended by this Act, and the accurate collection, analysis, and reporting of information regarding those students, as soon as practicable after the effective date of this Act, the commissioner of education shall update the Public Education Information Management System as necessary to accommodate the reporting through the system of information regarding students who are at least 26 years of age and not more than 50 years of age enrolled in such programs.
SECTION 11.  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 2155 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Guerra called up with senate amendments for consideration at this time,

HB 2155, A bill to be entitled An Act relating to a grant program to reduce wait times for agricultural inspections of vehicles at ports of entry along the Texas-Mexico border.

Representative Guerra moved to concur in the senate amendments to HB 2155.

The motion to concur in the senate amendments to HB 2155 prevailed by (Record 1792): 107 Yeas, 35 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Button; Calanni; Canales; Clardy; Coleman; Collier; Cortez; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; 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; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sheffield; Sherman; Shine; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Bohac; Burrows; Cain; Capriglione; Craddick; Dean; Harless; Harris; Hefner; Holland; Krause; Lang; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Smith; Stickland; Thompson, E.; Toth; White; Wilson; Zedler; Zerwas.

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

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

Absent — Farrar; Swanson.

STATEMENTS OF VOTE

When Record No. 1792 was taken, I was shown voting no. I intended to vote yes.

Harless

When Record No. 1792 was taken, I was shown voting no. I intended to vote yes.

Phelan

When Record No. 1792 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

Senate Committee Substitute

CSHB 2155, A bill to be entitled An Act relating to a grant program to reduce wait times for agricultural inspections of vehicles at ports of entry along the Texas-Mexico border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 12, Agriculture Code, is amended by adding Section 12.050 to read as follows:
Sec. 12.050.  TRADE AGRICULTURAL INSPECTION GRANT PROGRAM. (a)  Using money appropriated for this purpose or money received under Subsection (g), the department may make a grant to a nonprofit organization for the purpose of promoting the agricultural processing industry in this state by reducing wait times for agricultural inspections of vehicles at ports of entry along the border with the United Mexican States.
(b)  The department shall request proposals for the award of a grant under this section. The department shall evaluate the proposals and award a grant based on the proposed program's quantifiable effectiveness and the potentially positive impact on the agricultural processing industry in this state.
(c)  A grant awarded under this section must be made to an organization that has demonstrated experience working with border inspection authorities to reduce border crossing wait times.
(d)  A grant recipient may use grant money received under this section only to pay for activities directly related to the purpose of the grant program as described by Subsection (a). A grant recipient may use grant money to reimburse a federal governmental agency that, at the request of the grant recipient, provides additional border agricultural inspectors or pays overtime to border agricultural inspectors at ports of entry along the border with the United Mexican States.
(e)  The department shall establish procedures to administer the grant program, including a procedure for the submission of a proposal and a procedure to be used by the department to evaluate a proposal.
(f)  The department shall enter into a contract that includes performance requirements with each grant recipient. The department shall monitor and enforce the terms of the contract. The contract must authorize the department to recoup grant money from a grant recipient for failure of the grant recipient to comply with the terms of the contract.
(g)  The department may solicit and accept gifts, grants, and donations from any source for the purpose of awarding grants under this section.
(h)  To be eligible to receive a grant under this section, a nonprofit organization must provide matching funds. The department may not award a grant to a nonprofit organization until the department certifies that the nonprofit organization has the matching funds. The amount of the grant may not exceed the amount of matching funds. The department may not require a nonprofit organization to provide matching funds in an amount that exceeds the amount of the grant.
(i)  The total amount of grants awarded under this section may not exceed $725,000 for the duration of the program.
(j)  The department may adopt any rules necessary to implement this section.
(k)  Not later than January 15, 2021, the department shall evaluate the performance of the program under this section and submit a report to the legislature. The report must include an evaluation of agricultural inspections affected by the program, including the extent to which the program is reducing wait times for agricultural inspections of vehicles at ports of entry along the border with the United Mexican States.
(l)  Unless continued in existence by the legislature, this section expires September 1, 2021.
SECTION 2.  The Department of Agriculture is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the department may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 3.  This Act takes effect September 1, 2019.

HB 2363 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Harris called up with senate amendments for consideration at this time,

HB 2363, A bill to be entitled An Act relating to permitting certain foster homes to store firearms and ammunition in the same locked location.

The chair recognized Representative Harris who addressed the house, speaking as follows:

The senate added one amendment, an additional requirement including a trigger lock on every firearm inside a locked storage container. Members, in 2008, the U.S. Supreme Court ruled that a lawfully owned firearm in the home should be available for the purpose of immediate self defense if the individual so chooses. Current state regulations for the storage of firearms owned by foster parents do not line up with this court's ruling. However, the senate has made it abundantly clear that they will not be willing to negotiate this session. So because this amended bill is a small––very small––step in the right direction, I look forward to continuing this fight next session, and I move to concur with senate amendments.

Representative Harris moved to concur in the senate amendments to HB 2363.

The motion to concur in the senate amendments to HB 2363 prevailed by (Record 1793): 85 Yeas, 56 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Bailes; Bernal; Blanco; Bohac; Bowers; Burns; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; González, J.; González, M.; Guerra; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Lambert; Landgraf; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Paddie; Perez; Price; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Stephenson; Stickland; Stucky; Talarico; Thompson, S.; Toth; Turner, C.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas.

Nays — Anderson; Ashby; Beckley; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Bucy; Burrows; Button; Cain; Calanni; Dean; Flynn; Geren; Gervin-Hawkins; Goldman; Goodwin; Guillen; Howard; Israel; King, P.; King, T.; Krause; Kuempel; Lang; Leach; Leman; Metcalf; Middleton; Minjarez; Morales; Muñoz; Oliverson; Pacheco; Parker; Patterson; Paul; Phelan; Ramos; Raney; Sanford; Schaefer; Shaheen; Smith; Smithee; Springer; Swanson; Thompson, E.; Tinderholt; Turner, J.; White; Wilson; Zedler; Zwiener.

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

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

Absent — Farrar; Shine; Thierry.

STATEMENTS OF VOTE

When Record No. 1793 was taken, I was shown voting yes. I intended to vote no.

Bohac

When Record No. 1793 was taken, I was shown voting no. I intended to vote yes.

Dean

When Record No. 1793 was taken, I was shown voting no. I intended to vote yes.

Leman

When Record No. 1793 was taken, I was shown voting yes. I intended to vote no.

Miller

REASON FOR VOTE

The bill as it left the house was a great bill. Burdensome firearm restrictions dissuade law abiding firearm owners from serving as foster parents. Texas should encourage more loving families to serve as foster parents. HB 2363 did that. However, the bill changed in the senate and was returned to the house with regulation that will discourage more loving families from serving as foster parents by requiring firearms to be stored with trigger locks. I therefore voted against the motion to concur with senate amendments.

Cain

Senate Committee Substitute

CSHB 2363, A bill to be entitled An Act relating to permitting certain foster homes to store firearms and ammunition in the same locked location.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 42.042(e-1), Human Resources Code, is amended to read as follows:
(e-1)  The commission [department] may not prohibit possession of lawfully permitted firearms and ammunition in an agency foster home. Minimum standards may be adopted under this section relating to safety and proper storage of firearms and ammunition. The minimum standards must allow [, including standards requiring] firearms and ammunition to be stored separately or stored together in the same locked location if the firearms are stored with a trigger locking device attached to the firearms [locations].
SECTION 2.  This Act takes effect September 1, 2019.

HB 3301 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Lambert called up with senate amendments for consideration at this time,

HB 3301, A bill to be entitled An Act relating to merger agreements among certain hospitals; imposing fees.

Representative Lambert moved to concur in the senate amendments to HB 3301.

The motion to concur in the senate amendments to HB 3301 prevailed by (Record 1794): 134 Yeas, 6 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; 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; Sherman; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Krause; Lang; Stickland; Wilson.

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

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

Absent — Farrar; Sheffield; Shine; Thierry.

Senate Committee Substitute

CSHB 3301, A bill to be entitled An Act relating to merger agreements among certain hospitals; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle F, Title 4, Health and Safety Code, is amended by adding Chapter 314A to read as follows:
CHAPTER 314A. MERGER AGREEMENTS AMONG CERTAIN HOSPITALS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 314A.001.  DEFINITIONS. In this chapter:
(1)  "Attorney general" means the attorney general of Texas or any assistant attorney general acting under the direction of the attorney general of Texas.
(2)  "Designated agency" means the state agency designated by the governor under Section 314A.004.
(3)  "Hospital" means a nonpublic general hospital that is licensed under Chapter 241 and is not maintained or operated by a political subdivision of this state.
(4)  "Merger agreement" or "merger" means an agreement among two or more hospitals for the consolidation by merger or other acquisition or transfer of assets by which ownership or control over substantially all of the stock, assets, or activities of one or more previously licensed and operating hospitals is placed under the control of another licensed hospital or hospitals or another entity that controls the hospitals.
(5)  "State agency" means a department, commission, board, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state.
Sec. 314A.002.  APPLICABILITY. This chapter applies only to a merger agreement among hospitals each of which is located within a county that:
(1)  contains two or more hospitals; and
(2)  has a population of:
(A)  less than 100,000 and is not adjacent to a county with a population of 250,000 or more; or
(B)  more than 100,000 and less than 150,000 and is not adjacent to a county with a population of 100,000 or more.
Sec. 314A.003.  LEGISLATIVE FINDINGS AND PURPOSES; GRANT OF ANTITRUST IMMUNITY. (a) The legislature finds that:
(1)  a merger among hospitals may benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and
(2)  the benefits described by Subdivision (1) resulting from the merger may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
(b)  The legislature believes it is in the state's best interest to supplant state and federal antitrust laws with a process for regulatory approval and active supervision by the designated agency as provided by this chapter. It is the intent of the legislature that this chapter immunize from all federal and state antitrust laws the execution of merger agreements approved under this chapter and post-merger activities supervised under this chapter.
(c)  Nothing in this chapter affects antitrust immunity that may be provided through another provision of state law.
Sec. 314A.004.  DESIGNATION OF SUPERVISING STATE AGENCY. (a) The governor shall designate an appropriate state agency, other than the office of the attorney general, to:
(1)  review and approve or deny applications submitted under this chapter for certificates of public advantage; and
(2)  supervise as provided by Subchapter C the activities for which a certificate of public advantage is issued.
(b)  After the governor designates a state agency under Subsection (a), the governor may designate another appropriate state agency under that subsection at any time.
(c)  A change in the designation of a state agency made under this section does not affect the validity of any action taken under this chapter by a predecessor designated agency.
Sec. 314A.005.  RULEMAKING. The designated agency shall adopt rules for the administration and implementation of this chapter.
SUBCHAPTER B. CERTIFICATE OF PUBLIC ADVANTAGE
Sec. 314A.051.  REVIEW AND CERTIFICATION OF MERGER AGREEMENTS REQUIRED. (a) Two or more hospitals may negotiate and enter into a merger agreement, subject to approval by the designated agency as provided by this subchapter.
(b)  No merger agreement shall receive immunity under this chapter unless the designated agency issues a certificate of public advantage governing the merger agreement.
Sec. 314A.052.  APPLICATION. (a) One or more parties to a merger agreement may submit an application to the designated agency for a certificate of public advantage governing the merger agreement. The application must include a written copy of the merger agreement and describe the nature and scope of the merger.
(b)  If an applicant believes the documents or other information required to be submitted with an application under Subsection (a) contains proprietary information that is required to remain confidential, the applicant shall:
(1)  clearly identify the information; and
(2)  submit duplicate applications, one application that has complete information for the designated agency's use and one redacted application that will be made available for public release.
(c)  A copy of the application and copies of all additional related materials must be submitted to the attorney general and to the designated agency at the same time.
Sec. 314A.053.  APPLICATION FEE. (a) The designated agency may assess a fee for filing an application under Section 314A.052 in an amount not to exceed $75,000. The amount of the fee must be sufficient to cover the reasonable costs of the designated agency and attorney general in reviewing and approving or denying applications under this subchapter.
(b)  Fees collected under this section may be appropriated to the designated agency for purposes of covering costs relating to the implementation and administration of this chapter, including the supervision of hospitals under this chapter.
Sec. 314A.054.  REVIEW OF APPLICATION BY DESIGNATED AGENCY; GRANT OR DENIAL OF APPLICATION. (a) The designated agency shall review an application for a certificate of public advantage in accordance with the standard prescribed by Section 314A.056(a)(1).
(b)  The designated agency shall grant or deny the application not later than the 120th day after the date of the filing of the application. The designated agency's decision must:
(1)  be in writing;
(2)  specify the basis for the decision; and
(3)  provide a copy of the decision to the applicants on the date of the decision.
Sec. 314A.055.  REVIEW OF APPLICATION BY ATTORNEY GENERAL. (a) The attorney general shall review an application for a certificate of public advantage and all supporting documents and information provided by the applicants. On completion of the review and subject to Subsection (b), the attorney general shall advise the designated agency whether:
(1)  the proposed merger agreement would likely benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and
(2)  the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition that may result from the proposed merger.
(b)  The attorney general shall review an application for a certificate of public advantage as soon as practicable, taking into consideration the deadline prescribed by Section 314A.054.
(c)  If the attorney general advises the designated agency to deny an application, the attorney general shall state the basis and reasons for the recommended denial.
Sec. 314A.056.  ISSUANCE OF CERTIFICATE OF PUBLIC ADVANTAGE. (a) The designated agency, after reviewing the application and consulting with the attorney general in accordance with Section 314A.055, shall issue a certificate of public advantage for a merger agreement if:
(1)  the designated agency determines under the totality of the circumstances that:
(A)  the proposed merger would likely benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and
(B)  the likely benefits resulting from the proposed merger agreement described by Paragraph (A) outweigh any disadvantages attributable to a reduction in competition that may result from the proposed merger; and
(2)  the application:
(A)  provides specific evidence showing that the proposed merger would likely benefit the public as described by Subdivision (1)(A);
(B)  explains in detail how the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition as described by Subdivision (1)(B); and
(C)  sufficiently addresses the factors listed in Subsection (b) and any other factor the designated agency may require based on the circumstances specific to the application.
(b)  In making the determination under Subsection (a)(1), the designated agency shall consider the effect of the merger agreement on the following nonexclusive list of factors:
(1)  the quality and price of hospital and health care services provided to citizens of this state;
(2)  the preservation of sufficient hospitals within a geographic area to ensure public access to acute care;
(3)  the cost efficiency of services, resources, and equipment provided or used by the hospitals that are a party to the merger agreement;
(4)  the ability of health care payors to negotiate payment and service arrangements with hospitals proposed to be merged under the agreement; and
(5)  the extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons providing goods or services to, or in competition with, hospitals.
(c)  The designated agency may include terms or conditions of compliance in connection with a certificate of public advantage issued under this subchapter if necessary to ensure that the proposed merger likely benefits the public as specified in Subsection (a)(1).
Sec. 314A.057.  RECORDS. The designated agency shall maintain records of all merger agreements the designated agency has approved under this chapter, including any terms or conditions of issuing a certificate of public advantage that are imposed by the designated agency.
Sec. 314A.058.  TERMINATION OF CERTIFICATE OF PUBLIC ADVANTAGE BY HOSPITAL. A hospital resulting from a merger agreement approved under this chapter may voluntarily terminate its certificate of public advantage by giving the designated agency notice at least 30 days before the date of the termination.
Sec. 314A.059.  ANNUAL REVIEW OF CERTIFICATE. (a) The designated agency shall annually review an approved certificate of public advantage.
(b)  The attorney general may annually review an approved certificate of public advantage.
(c)  The designated agency may not complete its annual review of an approved certificate of public advantage under this section until:
(1)  the attorney general informs the designated agency whether the attorney general intends to conduct any review of the certificate of public advantage as authorized under this section; and
(2)  if the attorney general informs the designated agency of the attorney general's intent to conduct a review of an entity's approved certificate of public advantage, the attorney general has had the opportunity to conduct the review.
SUBCHAPTER C. SUPERVISION OF MERGED HOSPITALS UNDER APPROVED MERGER AGREEMENT
Sec. 314A.101.  SUPERVISION OF MERGED HOSPITALS. The designated agency shall supervise in the manner provided by this subchapter each hospital operating under a certificate of public advantage issued under this chapter to ensure that the immunized conduct of a merged entity furthers the purposes of this chapter.
Sec. 314A.102.  RATE REVIEW. (a) A change in rates for hospital services by a hospital operating under a certificate of public advantage issued under this chapter may not take effect without prior approval of the designated agency as provided by this section.
(b)  At least 90 days before the implementation of any proposed change in rates for inpatient or outpatient hospital services and, if applicable, at least 60 days before the execution of a reimbursement agreement with a third party payor, a hospital operating under a certificate of public advantage shall submit to the designated agency:
(1)  any proposed change in rates for inpatient and outpatient hospital services;
(2)  if applicable, any change in reimbursement rates under a reimbursement agreement with a third party payor;
(3)  for an agreement with a third party payor, other than an agreement described by Subdivision (4) or in which rates are set under the Medicare or Medicaid program, information showing:
(A)  that the hospital and the third party payor have agreed to the proposed rates;
(B)  whether the proposed rates are less than the corresponding amounts in the producer price index published by the Bureau of Labor Statistics of the United States Department of Labor relating to the hospital services for which the rates are proposed or a comparable price index chosen by the designated agency if the producer price index described by this paragraph is abolished; and
(C)  if the proposed rates are above the corresponding amounts in the producer price index as described by Paragraph (B), a justification for proposing rates above the corresponding amounts in the producer price index;
(4)  to the extent allowed by federal law, for an agreement with a managed care organization that provides or arranges for the provision of health care services under the Medicare or Medicaid program, information showing:
(A)  whether the proposed rates are different from rates under an agreement that was in effect before the date the applicable merger agreement took effect;
(B)  whether the proposed rates are different from the rates most recently approved by the designated agency for the applicable hospital, if the designated agency has previously approved rates for the applicable hospital following the issuance of the certificate of public advantage under this chapter that governs the hospital; and
(C)  if the proposed rates exceed rates described by Paragraph (A) or (B), a justification for proposing rates in excess of those rates; and
(5)  any information concerning costs, patient volume, acuity, payor mix, and other information requested by the designated agency.
(c)  After reviewing the proposed change in rates submitted under Subsection (b), the designated agency shall approve or deny the proposed rate change. The designated agency shall approve the proposed rate change if the designated agency determines that:
(1)  the proposed rate change likely benefits the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and
(2)  the proposed rate does not inappropriately exceed competitive rates for comparable services in the hospital's market area.
(d)  If the designated agency determines that the proposed rate change does not satisfy Subsection (c)(1) or (2), the designated agency shall deny or modify the proposed rate change.
(e)  The designated agency shall notify the hospital in writing of the agency's decision to approve, deny, or modify the proposed rate change not later than the 30th day before the implementation date of the proposed change.
Sec. 314A.103.  ANNUAL REPORT. Each hospital operating under a certificate of public advantage shall submit an annual report to the designated agency. The report must include:
(1)  information about the extent of the benefits attributable to the issuance of the certificate of public advantage;
(2)  if applicable, information about the hospital's actions taken:
(A)  in furtherance of any commitments made by the parties to the merger; or
(B)  to comply with terms imposed by the designated agency as a condition for approval of the merger agreement;
(3)  a description of the activities conducted by the hospital under the merger agreement;
(4)  information relating to the price, cost, and quality of and access to health care for the population served by the hospital; and
(5)  any other information required by the designated agency to ensure compliance with this chapter, including information relating to compliance with any terms or conditions for issuance of the certificate of public advantage.
Sec. 314A.104.  CORRECTIVE ACTION PLAN. (a) The designated agency shall require a hospital operating under a certificate of public advantage to adopt a plan to correct a deficiency in the hospital's activities if the designated agency determines that an activity of the hospital:
(1)  does not benefit the public as described by Section 314A.056(a)(1)(A); or
(2)  no longer meets the standard prescribed by Section 314A.056(a)(1).
(b)  The corrective action plan must include each provision required by the designated agency and must be submitted at the agency's direction.
Sec. 314A.105.  SUPERVISION FEE. (a) The designated agency may assess an annual supervision fee in an amount that is at least $75,000 but not more than $200,000 against each hospital operating under a certificate of public advantage under this chapter. The amount of the fee imposed on hospitals under this subsection must be based on the assessment by the designated agency of the amount needed to cover the reasonable costs incurred by the designated agency in supervising hospitals under this subchapter and in implementing and administering this chapter.
(b)  Fees collected under this section may be appropriated to the designated agency for purposes of covering costs relating to the implementation and administration of this chapter, including the supervision of hospitals under this chapter.
SUBCHAPTER D. ENFORCEMENT AUTHORITY BY DESIGNATED AGENCY
Sec. 314A.151.  INVESTIGATION; REVOCATION OF CERTIFICATE. With respect to each hospital resulting from a merger agreement for which the designated agency issued a certificate of public advantage under this chapter, and to ensure that the hospital's activities continue to benefit the public under the standard prescribed by Section 314A.056(a)(1) and the purposes of this chapter, the designated agency may:
(1)  investigate the hospital's activities; and
(2)  require the hospital to perform a certain action or refrain from a certain action or revoke the hospital's certificate of public advantage, if the designated agency determines that:
(A)  the hospital is not complying with this chapter or a term or condition of compliance with the certificate of public advantage governing the hospital's immunized activities;
(B)  the designated agency's approval and issuance of the certificate of public advantage was obtained as a result of material misrepresentation;
(C)  the hospital has failed to pay any fee required under this chapter; or
(D)  the benefits resulting from the approved merger no longer outweigh the disadvantages attributable to the reduction in competition resulting from the approved merger.
Sec. 314A.152.  JUDICIAL REVIEW OF DESIGNATED AGENCY ACTION. (a) A person aggrieved by a decision of the designated agency in granting, denying, or refusing to act on an application for a certificate of public advantage submitted under Subchapter B or revoking a certificate of public advantage issued under this chapter may appeal the final order by filing a petition for judicial review in a district court of Travis County.
(b)  The filing of a petition for judicial review of a decision by the designated agency to revoke a certificate of public advantage stays enforcement of the agency's decision.
(c)  Not later than the 45th day after the date a person files a petition for judicial review under this section, the designated agency shall submit to the district court the original copy or a certified copy of the entirety of the agency's record regarding the decision under review. By stipulation of all parties, the record may be shortened. The district court may require or permit later corrections or additions to the record. The district court may extend the period prescribed by this subsection for submitting the agency's record to the court.
(d)  The district court shall conduct the review sitting without a jury.
(e)  The district court may reverse a decision by the designated agency regarding revocation of a certificate of public advantage if the court finds that the decision is:
(1)  in violation of a constitutional or statutory provision;
(2)  in excess of the agency's statutory authority;
(3)  made through unlawful procedure;
(4)  arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(5)  unsupported by substantial and material evidence in light of the record as a whole.
(f)  Under Subsection (e)(5), in determining the substantiality of the evidence, the district court:
(1)  shall consider other evidence that detracts from the substantiality; and
(2)  may not substitute its judgment for the judgment of the designated agency on the weight of the evidence as to a question of fact.
(g)  The district court shall issue a written decision setting forth the court's findings of fact and conclusions of law. The designated agency shall add the court's decision to the agency's record.
SUBCHAPTER E. ATTORNEY GENERAL INVESTIGATION AND ENFORCEMENT AUTHORITY
Sec. 314A.201.  CIVIL INVESTIGATIVE DEMAND. (a) The attorney general, at any time after an application is filed under Section 314A.052 and before the designated agency makes a determination on the application, or in connection with the agency's annual review of a certificate of public advantage under Section 314A.059, may require by civil investigative demand the attendance and testimony of witnesses and the production of documents in Travis County or the county in which the applicants are located for the purpose of investigating whether the merger agreement satisfies or, after issuance of the certificate of public advantage, continues to satisfy the standard prescribed by Section 314A.056(a)(1).
(b)  All nonpublic documents produced for and testimony given to the attorney general under Subsection (a) are subject to the prohibitions on disclosure and use under Section 15.10(i), Business & Commerce Code.
(c)  The attorney general may seek an order from the district court compelling compliance with a civil investigative demand issued under this section.
Sec. 314A.202.  ACTION TO REVOKE CERTIFICATE OF PUBLIC ADVANTAGE FOLLOWING CHANGED CIRCUMSTANCES. (a) If, following an annual review of a certificate of public advantage, the attorney general determines that as a result of changed circumstances the benefits resulting from a certified merger agreement as described by Section 314A.056(a)(1)(A) no longer outweigh any disadvantages attributable to a reduction in competition resulting from the merger agreement, the attorney general may bring an action in a district court in Travis County seeking to revoke the certificate of public advantage in accordance with the procedures prescribed by this section.
(b)  Except as provided by Subsection (c), in an action brought under this section, the attorney general has the burden of establishing by clear and convincing evidence that as a result of changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are outweighed by disadvantages attributable to a reduction in competition resulting from the merger agreement.
(c)  In any action brought under this section, if the attorney general first establishes by clear and convincing evidence that the designated agency's certification was obtained as a result of material misrepresentation to the designated agency or the attorney general or as the result of coercion, threats, or intimidation directed toward any party to the merger agreement, then the parties to the merger agreement bear the burden of establishing by clear and convincing evidence that despite changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are not outweighed by disadvantages attributable to a reduction in competition resulting from the merger agreement.
SECTION 2.  As soon as practicable after the effective date of this Act, the governor shall designate a state agency under Section 314A.004, Health and Safety Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2019.

HB 3704 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 3704, A bill to be entitled An Act relating to certain public health data maintained by the Department of State Health Services and shared with certain local health entities.

Representative S. Thompson moved to concur in the senate amendments to HB 3704.

The motion to concur in the senate amendments to HB 3704 prevailed by (Record 1795): 136 Yeas, 3 Nays, 2 Present, not voting.

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

Nays — Cain; Stickland; Tinderholt.

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

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

Absent — Burrows; Dutton; Farrar; Shine; Thierry.

Senate Committee Substitute

CSHB 3704, A bill to be entitled An Act relating to certain public health data maintained by the Department of State Health Services and shared with certain local health entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter D, Chapter 1001, Health and Safety Code, is amended by adding Section 1001.089 to read as follows:
Sec. 1001.089.  PUBLIC HEALTH DATA. (a) In this section:
(1)  "Essential public health services" has the meaning assigned by Section 121.002.
(2)  "Local public health entity" means a local health unit, local health department, or public health district.
(b)  Notwithstanding Sections 81.103, 82.009, 88.002(b), 92.006, and 192.002(b), the department may enter into an agreement with a local public health entity that provides essential public health services to provide the entity access to:
(1)  identified public health data relating to the entity's jurisdiction and any public health data relating to a jurisdiction contiguous to the entity; and
(2)  deidentified public health data maintained by the department relating to the jurisdiction of any other local public health entity.
(c)  The public health data obtained through the agreement may be used only in the provision of essential public health services.
(d)  Access to public health data includes necessary identified public health data required for an infectious disease investigation conducted under Chapter 81.
(e)  For any public health data request that is not subject to Subsection (b), (c), or (d) and except as provided by Subsection (f), the department shall establish a review process for the consideration of public health data requests relating to essential public health services or public health research. The process must evaluate:
(1)  the public health benefit and purpose of the request;
(2)  the privacy of the individuals whose data is requested;
(3)  the management of the data by the requestor, including management of public health data released to the requestor in previous requests; and
(4)  other relevant law.
(f)  A local public health entity seeking public health data for human subject research purposes must submit a request to the department's institutional review board for review and consideration.
(g)  A local public health entity receiving public health data from the department under this section shall:
(1)  maintain the integrity and security of the data; and
(2)  comply with state and federal privacy laws.
SECTION 2.  The executive commissioner of the Health and Human Services Commission shall adopt rules to implement Section 1001.089(e), Health and Safety Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2019.

HB 680 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Deshotel called up with senate amendments for consideration at this time,

HB 680, A bill to be entitled An Act relating to the powers and duties of the Texas Workforce Commission and local workforce development boards regarding the provision of child care.

Representative Deshotel moved to concur in the senate amendments to HB 680.

The motion to concur in the senate amendments to HB 680 prevailed by (Record 1796): 91 Yeas, 49 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bowers; Bucy; Button; Calanni; Canales; Coleman; Collier; Cortez; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Smithee; Stephenson; Talarico; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Anderson; Ashby; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Clardy; Craddick; Cyrier; Goldman; Harless; Harris; Hefner; Holland; King, P.; Krause; Lang; Leman; Metcalf; Middleton; Miller; Morrison; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Smith; Springer; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler; Zerwas.

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

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

Absent — Farrar; Nevárez; Shine; Thierry.

STATEMENTS OF VOTE

When Record No. 1796 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 1796 was taken, I was shown voting yes. I intended to vote no.

Smithee

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 680 (senate committee report) as follows:
(1)  In the recital to SECTION 2 of the bill (page 1, line 35), strike "Subsection (c)" and substitute "Subsections (c) and (d)".
(2)  In SECTION 2 of the bill, in amended Section 302.0042(b)(4), Labor Code (page 1, line 44), strike "price charged by child care providers for" and substitute "monthly price charged by child care providers for full-day".
(3)  In SECTION 2 of the bill, in amended Section 302.0042(b), Labor Code, between Subdivisions (4) and (5) (page 1, between lines 46 and 47), insert the following appropriately numbered subdivision:
(____)  the average monthly price charged by quality child care providers for full-day child care in each local workforce development area;
(4)  In SECTION 2 of the bill, strike added Section 302.0042(b)(9), Labor Code (page 2, lines 3 through 10), and add the following appropriately numbered subdivisions:
(____)  the number of child care providers participating in the Texas Rising Star Program in each local workforce development area as a percentage of the total number of both subsidized child care providers and all child care providers in the local workforce development area;
(____)  the number of 2-star, 3-star, and 4-star rated child care providers in the local workforce development area as a percentage of the total number of both subsidized child care providers and all child care providers in the local workforce development area;
(5)  In SECTION 2 of the bill, in amended Section 302.0042, Labor Code, immediately following added Subsection (c) (page 2, between lines 28 and 29), insert the following:
(d)  In this section, "quality child care provider" means a child care provider that:
(1)  participates in the commission's Texas Rising Star Program; and
(2)  is accredited by the National Early Childhood Program Accreditation Commission or the National Association for the Education of Young Children, or holds any other accreditation the commission determines meets the quality standards of the Texas Rising Star Program.
(6)  In SECTION 2 of the bill, renumber the subdivisions of amended Section 302.0042(b), Labor Code, as appropriate.
(7)  In SECTION 3 of the bill, in amended Section 302.0043(f), Labor Code (page 2, line 68), strike "and".
(8)  In SECTION 3 of the bill, in amended Section 302.0043(f), Labor Code (page 3, line 1), strike "302.0042(b)(8)-(11)." and substitute the following:
302.0042(b)(8)-(11);
(4)  include a summary of the input obtained under Section 302.00435; and
(5)  include any recommendations for legislation or regulation, including regulatory recommendations for governmental bodies other than the commission, regarding the input obtained under Section 302.00435.
(9)  In SECTION 4 of the bill, in added Section 302.00435(b)(1), Labor Code (page 3, line 14), strike "and".
(10)  In SECTION 4 of the bill, in added Section 302.00435(b), Labor Code (page 3, line 16), strike "program." and substitute the following:
program;
(3)  existing health and safety rules and regulations that could be more efficient or less costly without reducing health and safety outcomes; and
(4)  the burdens relating to complying with existing regulations that could be mitigated, reduced, or eliminated while maintaining the intent, objective, or purpose of the underlying regulation.

HB 3750 - WITH SENATE AMENDMENTS
RETURNED TO SENATE

Representative Kuempel called up with senate amendments for consideration at this time,

HB 3750, A bill to be entitled An Act relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction.

HB 3750 - POINT OF ORDER

Representative Zwiener raised a point of order against further consideration of HB 3750 under Rule 11, Section 2, of the House Rules. The point of order was sustained and the speaker submitted the following ruling:

RULING BY THE SPEAKER
on House Bill 3750

Announced in the House on May 24, 2019
(Speaker pro tempore in the chair)

Representative Zwiener raises a point of order against further consideration of the Senate amendments to HB 3750 under Rule 11, Section 2, of the House Rules on the grounds that the amendments are not germane.
As the bill left the House, it related solely to prohibiting a city from adopting water quality regulations in the city's extraterritorial jurisdiction that impose requirements in excess of those required under Federal law. The Senate adopted Floor Amendment No. 2 by Campbell that would restrict a city's authority to impose a fine or fee that applies in an area in the extraterritorial jurisdiction that has either been disannexed from the city or was subject to a failed annexation attempt by the city.
Senate Floor Amendment No. 2 addresses fines and fees for matters far beyond the scope of the original, narrow House engrossment. Therefore, the Senate amendments are not on the same subject as the House engrossment.
Accordingly, the point of order is well-taken and sustained.

HB 3750 was returned to the senate.

HB 4730 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Krause called up with senate amendments for consideration at this time,

HB 4730, A bill to be entitled An Act relating to the creation of the City of El Paso Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Representative Krause moved to concur in the senate amendments to HB 4730.

The motion to concur in the senate amendments to HB 4730 prevailed by (Record 1797): 108 Yeas, 30 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Buckley; Bucy; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; 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; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Sherman; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Anderson; Bell, C.; Bohac; Bonnen; Burns; Cain; Craddick; Dean; Frank; Goldman; Hefner; Holland; King, P.; Krause; Lang; Leman; Metcalf; Middleton; Miller; Murr; Parker; Patterson; Paul; Shaheen; Stickland; Swanson; Thompson, E.; Tinderholt; Wilson; Zedler.

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

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

Absent — Calanni; Farrar; Sheffield; Shine; White; Wray.

STATEMENTS OF VOTE

When Record No. 1797 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

When Record No. 1797 was taken, I was shown voting no. I intended to vote yes.

Craddick

When Record No. 1797 was taken, I was shown voting yes. I intended to vote no.

Springer

When Record No. 1797 was taken, my vote failed to register. I would have voted yes.

White

Senate Committee Substitute

CSHB 4730, A bill to be entitled An Act relating to the creation of the City of El Paso Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3972 to read as follows:
CHAPTER 3972. CITY OF EL PASO MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3972.0101.  DEFINITIONS. In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of El Paso.
(3)  "Director" means a board member.
(4)  "District" means the City of El Paso Municipal Management District No. 1.
Sec. 3972.0102.  CREATION AND NATURE OF DISTRICT. The City of El Paso Municipal Management District No. 1 is a special district created under Section 59, Article XVI, Texas Constitution.
Sec. 3972.0103.  PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.
(b)  By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(c)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(d)  The district is created to supplement and not to supplant city services provided in the district.
Sec. 3972.0104.  FINDINGS OF BENEFIT AND PUBLIC USE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(b)  The district is created to serve a public use and benefit.
(c)  The creation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment;
(3)  developing or expanding transportation and commerce; and
(4)  providing quality residential housing.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a residential community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 3972.0105.  INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Sec. 3972.0106.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code;
(3)  an enterprise zone created under Chapter 2303, Government Code; or
(4)  an industrial district created under Chapter 42, Local Government Code.
(b)  If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for:
(1)  the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code; and
(2)  any other district purpose, including the right to pledge the money as security for any bonds or other obligations issued by the district.
(c)  A tax increment reinvestment zone created by the city in the district is not subject to the limitations provided by Section 311.006, Tax Code.
Sec. 3972.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3972.0108.  ENFORCEABILITY OF MUNICIPAL CONSENT AGREEMENT. (a) Any agreement between the district and a municipality related to the municipality's consent to the creation of the district is valid and enforceable.
(b)  On the issuance of bonds by the district, the district is considered to have waived sovereign immunity to suit by a municipality for the purpose of adjudicating a claim for breach of an agreement described by this section.
Sec. 3972.0109.  CONSENT OF MUNICIPALITY AND ENTITLEMENT AGREEMENT REQUIRED. The board may not impose an assessment, issue bonds, or hold an election to authorize the issuance of bonds until:
(1)  the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion of land in the district; and
(2)  the city and the owner or owners of a majority of the assessed value of real property in the district negotiate and execute a mutually approved and accepted entitlement agreement regarding the development of land in the district.
Sec. 3972.0110.  CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3972.0201.  GOVERNING BODY; TERMS. The district is governed by a board of five directors who serve staggered terms of four years with two or three directors' terms expiring June 1 of each even-numbered year.
Sec. 3972.0202.  QUALIFICATIONS OF DIRECTORS. (a) To be qualified to serve as a director, a person must be:
(1)  a resident of the city who is also a registered voter of the city;
(2)  an owner of property in the district;
(3)  an owner of stock or a partnership or membership interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district;
(4)  an owner of a beneficial interest in a trust, or a trustee in a trust, that directly or indirectly owns property in the district; or
(5)  an agent, employee, or tenant of a person described by Subdivision (2), (3), or (4).
(b)  Section 49.052, Water Code, does not apply to the district.
Sec. 3972.0203.  APPOINTMENT OF DIRECTORS. The governing body of the city shall appoint directors from persons recommended by the board.
Sec. 3972.0204.  VACANCY. (a) If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term.
(b)  A director may resign from the board at any time.
Sec. 3972.0205.  OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person.
Sec. 3972.0206.  COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation for each director in one year may not exceed $7,200.
(b)  A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
Sec. 3972.0207.  LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to:
(1)  actions taken by the director in the director's capacity as a member of the board;
(2)  actions and activities taken by the district; or
(3)  the actions of others acting on behalf of the district.
Sec. 3972.0208.  NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board.
Sec. 3972.0209.  BOARD MEETINGS. The board shall hold meetings at a place accessible to the public.
Sec. 3972.0210.  INITIAL DIRECTORS. (a) On or after January 1, 2020, the owner or owners of a majority of the assessed value of real property in the district may submit a petition to the governing body of the city requesting that the governing body appoint five persons as initial directors from a list of persons agreed on by the governing body of the city and the owner or owners of a majority of the assessed value of real property in the district.
(b)  A petition must name more than five qualified persons.
(c)  The governing body shall appoint as initial directors five persons listed in the petition who are qualified to serve as directors.
(d)  The initial directors shall determine by lot which three positions expire June 1, 2022, and which two positions expire June 1, 2024.
(e)  An initial director is not entitled to compensation under Section 3972.0206.
(f)  This section expires September 1, 2025.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3972.0301.  GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 3972.0302.  IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
(b)  The district may contract with a governmental or private entity to carry out an action under Subsection (a).
(c)  An improvement project described by Subsection (a) may be located:
(1)  in the district; or
(2)  in an area outside the district if the project is for the purpose of extending a public infrastructure improvement beyond the district's boundaries to a logical terminus.
Sec. 3972.0303.  IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE AREA; BENEFIT BASIS. The district may undertake an improvement project or service that confers a special benefit on a definable area in the district and levy and collect a special assessment on benefited property in the district in accordance with:
(1)  Chapter 372, Local Government Code; or
(2)  Chapter 375, Local Government Code.
Sec. 3972.0304.  ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b)  The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs and exercise the economic development powers that Chapter 380, Local Government Code, provides to a municipality.
Sec. 3972.0305.  PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
(b)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
(c)  The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.
(d)  The development and operation of the district's parking facilities may be considered an economic development program.
Sec. 3972.0306.  ADDING OR REMOVING TERRITORY. (a) The board may add or remove territory as provided by Subchapter J, Chapter 49, Water Code.
(b)  The district may add territory as described by Subsection (a) only if the governing body of the city by ordinance or resolution consents to the addition.
Sec. 3972.0307.  NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3972.0401.  DIVISION OF DISTRICT; PREREQUISITES. The district, including territory added to the district under Section 3972.0306, may be divided into two or more new districts only if the district has no outstanding bonded debt. Territory previously added to the district under Section 3972.0306 may be included in a new district.
Sec. 3972.0402.  LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district.
Sec. 3972.0403.  DIVISION PROCEDURES. (a) The board, on its own motion or on receipt of a petition signed by an owner of real property in the district, may adopt an order proposing to divide the district.
(b)  If the board decides to divide the district, the board shall:
(1)  set the terms of the division, including names for the new districts and a plan for the payment or performance of any outstanding district obligations;
(2)  prepare a metes and bounds description for each proposed district; and
(3)  appoint four initial directors for each new district.
(c)  The governing body of the city shall appoint one director for each new district.
Sec. 3972.0404.  CONTRACT AUTHORITY OF NEW DISTRICTS. The new districts may contract with each other for any matter the boards of the new districts consider appropriate, including the joint construction or financing of a utility improvement.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3972.0501.  DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.
Sec. 3972.0502.  TAX AND ASSESSMENT ABATEMENTS. The district may designate reinvestment zones and may grant abatements of a tax or assessment imposed by the district on property in the zones.
SUBCHAPTER F. TAXES AND BONDS
Sec. 3972.0601.  BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or assessments in the manner provided by Chapter 375, Local Government Code, or, if an improvement financed by an obligation issued under this section will be conveyed to or operated and maintained by a municipality or other retail utility provider pursuant to an agreement with the district entered into before the issuance of the obligation, in the manner provided by Subchapter A, Chapter 372, Local Government Code.
(b)  In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
(c)  In addition to the sources of money described by Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable wholly or partly by a pledge of any part of the money the district receives from improvement revenue or from any other source.
Sec. 3972.0602.  OPERATION AND MAINTENANCE TAX. If authorized by a majority of the district voters voting at an election held in accordance with Section 49.107, Water Code, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by that section for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
Sec. 3972.0603.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)  the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and
(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)  pay the interest on the bonds or other obligations as the interest becomes due; and
(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date.
SUBCHAPTER G. SPECIAL BOND PROVISIONS
Sec. 3972.0701.  APPLICABILITY. This subchapter applies only to bonds payable wholly or partly from revenue derived from assessments on real property in the district.
Sec. 3972.0702.  CONFLICT OF LAWS. In the event of a conflict between this subchapter and any other law, this subchapter prevails.
Sec. 3972.0703.  WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS. Before the district may issue bonds, the district and any person to whom the board intends that proceeds of the bonds be distributed, including the developer, another owner of land in the district, and any entity acting as a lender to the developer or other landowner for the purpose of a project relating to the district, must enter into a written agreement that:
(1)  waives for the term of the agreement the right to a special appraisal with respect to taxation by the district under Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2)  remains in effect for 30 years and is binding on the parties, on entities related to or affiliated with the parties, and on their successors and assignees.
Sec. 3972.0704.  REQUIREMENTS FOR ADVERTISING BOND ISSUE. A district may not advertise for an issuance of bonds until the completion of at least 25 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments and necessary to support the district bonds.
Sec. 3972.0705.  REQUIREMENTS FOR BOND ISSUE. The district may not issue bonds until:
(1)  the district submits to the Texas Commission on Environmental Quality:
(A)  an engineer's report describing the project for which the bonds will provide funding, including data, profiles, maps, plans, and specifications related to the project; and
(B)  a cash flow analysis to determine the projected rate of assessment, which includes the following assumptions:
(i)  each ending balance for debt service in the analysis is not less than 25 percent of the following year's debt service requirement;
(ii)  interest income is only shown on the ending balance for debt service for the first two years; and
(iii)  the projected rate of assessment is level or decreasing for the life of the bonds issued by the district;
(2)  the completion of at least 75 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments and necessary to support the district bonds; and
(3)  the district has obtained an independent market study from a firm recognized in the area of real estate market analysis supporting the development projects for the real property that is liable for district assessments and necessary to support the district bonds.
Sec. 3972.0706.  REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY BONDS. The district may not collect an assessment to be used for the payment of bonds until:
(1)  the completion of at least 95 percent of the underground water, wastewater, and drainage facilities financed from bond proceeds that are necessary to serve the projected build-out, as certified by the district's engineer;
(2)  the district or other appropriate party has secured the groundwater, surface water, and water discharge permits that are necessary to secure capacity to support the projected build-out;
(3)  the completion of at least 95 percent of lift station, water plant, and sewage treatment plant capacity sufficient to serve the connections constructed in the project for a period of not less than 18 months, as certified by the district's engineer; and
(4)  the completion of at least 95 percent of the streets and roads that are necessary to provide access to the areas served by utilities and financed by the proceeds of bonds issued by the district, as certified by the district's engineer and constructed in accordance with municipal or county standards.
SUBCHAPTER I. DISSOLUTION
Sec. 3972.0901.  DISSOLUTION BY CITY. (a) The city may dissolve the district in the manner provided by Section 375.263, Local Government Code, only if the city also complies with any dissolution procedures in the entitlement agreement described by Section 3972.0109.
(b)  In the case of a conflict between Section 375.263, Local Government Code, and the entitlement agreement, the entitlement agreement controls.
SECTION 2.  The City of El Paso Municipal Management District No. 1 initially includes all territory contained in the following area:
3,643.3423 acres of land located in El Paso County, Texas, being that certain 3,699.05 acres described as "Area 2" (650.600 acres), "Area 3" (2,045.343 acres) and "Area 4" (1,003.107 acres), as described below, LESS AND EXCEPT that certain 5.0000 acre tract, and that certain 50.7077 acre tract, as described below.
METES AND BOUNDS - AREA 2
650.600 acres (28,340,145 square feet)
A Portion of Sections 11, 14 & 19, Block 81,
Township 1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso County, Texas
BEING a portion of Sections 11, 14 & 19, Block 81,Township 1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso County, Texas, being a portion of a tract of land described in Deed to City of El Paso, recorded in Volume 1176, Page 504 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1186, Page 183, Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1272, Page 231 of the Deed Records of El Paso County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with plastic cap set for the intersection of east right of-way line of Martin Luther King, Jr. Boulevard (a 160-foot wide public right of way) and the north right-of-way line of Loma Real Avenue (a public right-of-way), for the southwest corner of said premises, from which a 1/2-inch iron rod with plastic "TX 5337" cap found for the common corner of Sections 89, 19, 22 & 23, Block 81, bears North 87°57'17" West, 92.85 feet;
THENCE North 02°08'51" East, with the east right-of-way line of Martin Luther King, Jr. Boulevard, a distance of 860.05 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE North 01°35'21" East, the east right-of-way line of Martin Luther King, Jr. Boulevard, a distance of 4432.74 feet to a point for corner;
THENCE North 01°35'21" East, the east right-of-way line of Martin Luther King, Jr. Boulevard, a distance of 5424.52 feet to a point for corner;
THENCE North 01°35'21" East, the east right-of-way line of Martin Luther King, Jr. Boulevard, a distance of 725.66 feet to a point for corner;
THENCE South 86°53'30" East, leaving the east right-of-way line of Martin Luther King, Jr. Boulevard, a distance of 2528.30 feet to a 1/2-inch iron rod with plastic cap set for corner in the west line of a tract of land described in Deed to El Paso Electric Company, recorded in Volume 1338, Page 471 of the Real Property Records of El Paso County, Texas;
THENCE South 02°04'19" West, with the west line of the El Paso Electric Company tract, a distance of 6102.12 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE South 01°58'57" West, with the west line of the El Paso Electric Company tract, a distance of 5293.60 feet to a 1/2-inch iron rod with plastic cap set for corner in the north right-of-way line of Loma Real Avenue;
THENCE North 87°57'17" West, with the north right-of-way line of Loma Real Avenue, a distance of 2448.11 feet to the POINT OF BEGINNING and containing 650.600 acres (28,340,145 square feet) of land, more or less.
"This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
METES AND BOUNDS - AREA 3
2,045.343 acres (89,095,150 square feet)
A Portion of Sections 11, 12, 13, 14, 19, 20 & 21, Block 81, Township 1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso County, Texas
BEING a portion of Sections 11, 12, 13, 14, 19, 20 & 21, Block81,Township 1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso County, Texas, being a portion of a tract of land described in Deed to City of El Paso, recorded in Volume 1176, Page 504 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1186, Page 183, Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1272, Page 231 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to El Paso Water Utilities Board, recorded in Volume 1263, Page 146 of the Deed Records of El Paso County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with plastic cap set on the west light-of-way line of Mccombs Street, dedicated to the State of Texas by Deed recorded in Volume 1410, Page 576 of the Deed Records of El Paso County, Texas (a 150-foot wide public right of-way) from which a Concrete TxDot Monument with bronze cap found for the common corner of Sections 20 & 21, Block 81 and Sections 19 & 30, Block 80, bears South 87°58'34" East, 75.00 feet;
THENCE South 02°01'26" West, with the west right-of-way line of Mccombs Street, a distance of 526.41 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner in the north right-of-way line of U.S. Highway 54 (a 400-foot wide public right-of-way);
THENCE South 51°37'59" West, with the north right-of-way line of U.S. Highway 54, a distance of 1124.39 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
THENCE North 38°22'40" West, leaving the north right-of-way line of U.S. Highway 54, a distance of 1647.88 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
THENCE North 87°58'27" West, with the south line of said premises, a distance of
3283.45 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
THENCE North 87°57'17" West, with the south line of said premises, a distance of 2539.39 feet to a 1/2-inch iron rod with plastic cap set for comer in the east line of a tract of land described in Deed to El Paso Electric Company, recorded in Volume 1338, Page 471 of the Real Property Records of El Paso County, Texas;
THENCE North 01°58'57" East, with the east line of said El Paso Electric Company tract, a distance of 5293.68 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE North 02°04'19" East, with the east line of said El Paso Electric Company tract, a distance of 6098.32 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE South 86°53'15" East, leaving the east line of said El Paso Electric Company tract, a distance of 7744.48 feet to a 1/2-inch iron rod with plastic cap set for corner in the west right-of-way line of Mccombs Street;
THENCE South 02°05"16" West, with the west right-of-way line of Mccombs Street, a distance of 660.46 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE South 02°03'39" West, with the west right-of-way line of Mccombs Street, a distance of 5288.97 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE South 01°56'52" West, a distance of 5296.37 feet to the POINT OF BEGINNING and containing 2,045.343 acres (89,095,150 square feet) of land, more or less.
"This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
METES AND BOUNDS - AREA 4
1003.107 acres (43,695,333 square feet)
A Portion of Sections 7, 17, 18, 19, 20 & 30, Block 80, Township 1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso County, Texas
BEING a tract of land situated in Sections 7, 17, 18, 19, 20 & 30, Block 80, Township 1 of the Texas & Pacific Railroad Company Survey, City of El Paso, El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1186, Page 183 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to El Paso Natural Gas Company, recorded in Volume 307, Page 91 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to City of El Paso, recorded in Volume 1176, Page 504 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described in Deed to The City of El Paso, recorded in Volume 1186, Page 178 of the Deed Records of El Paso County, being a portion of a tract of land described in Deed to El Paso Water Utilities Board, recorded in Volume 1616, Page 219 & Volume 1263, Page 1476 of the Deed Records of El Paso County, Texas, being a portion of a tract of land described and conveyed in Deed's to City of El Paso, recorded in Volume 4614, Pages 353, 361, 369 & 377 of the Deed Records of El Paso County, Texas and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2-inch iron rod with plastic cap set for the intersection of east right of-way line of Mccombs Street, dedicated to the State of Texas by Deed recorded in Volume 1410, Page 576 of the Deed Records of El Paso County, Texas (a 150-foot wide public right-of-way) and the north right-of-way line of U.S. Highway 54 (a 400-foot wide public right-of-way) for the southwest corner of the subject property;
THENCE North 02°01'26" East, with the east right-of-way line of Mccombs Street, a distance of 510.01 feet to a 1/2-inch iron rod with plastic cap set for corner, from which a Concrete TxDot Monument with bronze cap found for the common corner of Sections 30 & 19, Block 80 and Sections 20 & 21, Block 81, bears North 86°57'30" West, 75.01 feet;
THENCE North 01°56'52" East, with the east right-of-way line of Mccombs Street, a distance of 5296.22 feet to a 1/2-inch iron rod with plastic 'TX 5337" cap found for corner;
THENCE North 02°03'39" East, with the east right-of-way line of Mccombs Street, a distance of 5288.02 feet to a 1/2-inch iron rod with plastic cap set for corner;
THENCE North 02°05'16" East, with the east right-of-way line of Mccombs Street, a distance of 539.84 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for the intersection of the south right-of-way line of Stan Roberts Sr. Drive (a 120-foot wide public right-of-way) and the east right-of-way line of Mccombs Street;
THENCE South 86°53'15" East, with the south right-of-way line of Stan Roberts Sr. Drive, a distance of 789.26 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for comer;
THENCE leaving the south right-of-way line of Stan Roberts Sr. Drive, the following courses and distances to wit:
South 33°39'07" East, a distance of 1441.10 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for comer;
South 02°22'35" West, a distance of 1516.17 feet to a 1/2-inch iron rod with
plastic "TX 5337" cap found for corner;
South 87°35'40" East, a distance of 2115.02 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 65°17'57" East, a distance of 1547.56 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 45°19'14" East, a distance of 25.54 feet to a 1/2-inch iron rod with
plastic "TX 5337" cap found for corner;
South 45°17'44" East, a distance of 1720.06 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 45°19'14" East, a distance of 71.58 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
--South 45°12'25" East, a distance of 1315.09 feet to a 1/2-inch iron rod with
plastic "TX 5337" cap found for corner in the north right-of-way line of U.S. Highway 54;
THENCE with the north right-of-way line of U.S. Highway 54, the following courses and distances to wit:
South 51°37'39" West, a distance of 233.27 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 51°37'59" West, a distance of 1314.86 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
North 83°22'01" West, a distance of 48.08 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 51°37'59" West, a distance of 120.00 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 06°37'59" West, a distance of 48.08 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
South 51°37'59" West, a distance of 7897.13 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
North 63°11'30" West, a distance of 108.92 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found for corner;
North 88°03'02" West, a distance of 25.46 feet to the POINT OF BEGINNING
and containing 1003.107 acres (43,695,333 square feet) of land, more or less.
"This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
LESS AND EXCEPT the following three (3) tracts of land:
Tract 1:
A 5.0000 acre parcel situate within the corporate limits of the City of El Paso, El Paso County, Texas as a portion of the west half of Section 14, Block 81, Township 1, Texas and Pacific Railway Company Surveys and being more particularly described by metes and bounds as follows:
COMMENCING for reference at a two inch iron pipe in concrete found for the corner common to Sections 11, 12, 13 and 14, Block 81, Township 1, Texas and Pacific Railway Company Surveys; WHENCE, a 1/2 inch rebar with survey cap No. "TX 5337" found for the corner common to Sections 13, 14, 19 and 20, Block 81, Township 1, Texas and Pacific Railway Company Surveys bears South 02°04'30" West, a distance of 5,358.25 feet; THENCE, leaving the corner common to said Sections 11, 12, 13 and 14, South 45°08'53" West, a distance of 4,011.69 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set on the west boundary line of a 200 feet wide El Paso Electric Company right-of-way for the POINT OF BEGINNING of the parcel herein described;
THENCE, following the west boundary line of said 200 feet wide El Paso Electric Company right-of-way, South 02°04'30" West, a distance of 450.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the southeast corner of the parcel herein described;
THENCE, leaving the west boundary line of said 200 feet wide El Paso Electric Company right-of-way, North 87°55'30" West, a distance of 484.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the southwest corner of the parcel herein described;
THENCE, North 02°04'30" East, a distance of 450.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the northwest corner of the parcel herein described;
THENCE, South 87°55'30" East, a distance of 484.00 feet to the POINT OF BEGINNING;
Said parcel containing 5.0000 acres (217,800.0 square feet), more or less, and being subject to all easements of record.
Tract 2:
A 50.7077 acre parcel situate within the corporate limits of the City of El Paso, El Paso County, Texas, as a portion of Section 19, Block 81, Township 1, Texas & Pacific Railway Company Surveys and being more particularly described by metes and bounds as follows:
COMMENCING for reference at a 5/8 inch diameter rebar with an aluminum cap set for the corner common to Sections 19, 20, 21 and 22, Block 81, Township 1, Texas & Pacific Railway Company Surveys; WHENCE, a 1/2 inch rebar found for the corner common to Sections 18, 19, 22 and 23, Block 81, Township 1, Texas & Pacific Railway Company Surveys, bears North 87°57'12" West, a distance of 5,280.47 feet; and WHENCE, a 1/2 inch rebar found for the corner common to Sections 13, 14, 19 and 20, Block 81, Township 1, Texas & Pacific Railway Company Surveys, bears North 01°59'00" East, a distance of 5,294.24 feet; THENCE, following the section line common to said Sections 19 and 20, North 01°59'00" East, a distance of 288.04 feet; THENCE, leaving the section line common to said Sections 19 and 20, North 88°01'00" West, a distance of 38.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the POINT OF BEGINNING and the southeast corner of the parcel herein described;
THENCE, North 87°57'12" West, a distance of 1,640.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the southwest corner of the parcel herein described;
THENCE, North 01°59'00" East, a distance of 1,345.94 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the northwest corner of the parcel herein described;
THENCE, South 88°01'00" East, a distance of 1,640.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set for the northeast corner of the parcel herein described;
THENCE, South 01°59'00" West, a distance of 1,347.75 feet the to the true POINT OF BEGINNING;
Said parcel contains 50.7077 acres (2,208,826.1 square feet), more or less, and being subject to all easements of record.
SECTION 3.  (a)  The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
SECTION 4.  This Act takes effect January 1, 2020.

HB 4706 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Holland called up with senate amendments for consideration at this time,

HB 4706, A bill to be entitled An Act relating to the creation of the North Celina Municipal Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Representative Holland moved to concur in the senate amendments to HB 4706.

The motion to concur in the senate amendments to HB 4706 prevailed by (Record 1798): 113 Yeas, 28 Nays, 2 Present, not voting.

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

Nays — Bonnen; Buckley; Burrows; Cain; Cyrier; Frank; Goldman; Harris; Hefner; King, P.; Krause; Lang; Leman; Metcalf; Middleton; Murr; Noble; Patterson; Paul; Raney; Schaefer; Stickland; Stucky; Thompson, E.; Tinderholt; Toth; Wilson; Zedler.

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

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

Absent — Farrar; Johnson, J.D.; White.

STATEMENT OF VOTE

When Record No. 1798 was taken, I was shown voting yes. I intended to vote no.

Swanson

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4706 (senate committee printing) in SECTION 1 of the bill as follows:
(1)  Strike added Section 3986.0203(a), Special District Local Laws Code (page 3, lines 12-19), and substitute the following:
(a)  The initial board consists of the following directors:
Pos. No.
Name of Director
1
John Peavy
2
Charles Taylor
3
Steve Cook
4
Paul Schlosberg
5
Russell Miller
(2)  In added Subchapter C, Chapter 3986, Special District Local Laws Code, strike added Section 3986.0311 (page 5, lines 4 and 5) and substitute the following:
Sec. 3986.0311.  RESIDENTIAL PROPERTY NOT EXEMPT FROM CERTAIN REQUIREMENTS. Sections 375.161 and 375.164, Local Government Code, do not apply to the district.
Sec. 3986.0312.  NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
(3)  In added Section 3986.0402, Special District Local Laws Code (page 5, line 17), strike "Section 3986.0503(c)" and substitute "Section 3986.0504(b)".
(4)  In added Subchapter E, Chapter 3986, Special District Local Laws Code, strike added Sections 3986.0502 and 3986.0503 (page 5, line 46, through page 6, line 8) and substitute the following:
Sec. 3986.0502.  TAX LIMITATION. An ad valorem tax imposed by the district may be used only for a purpose authorized under:
(1)  Chapter 49 or 54, Water Code;
(2)  Section 52, Article III, Texas Constitution; or
(3)  Section 59, Article XVI, Texas Constitution.
Sec. 3986.0503.  OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3986.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code.
(b)  The board shall determine the operation and maintenance tax rate. The rate may not exceed the rate approved at the election.
Sec. 3986.0504.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board.
(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from:
(1)  impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose;
(2)  ad valorem taxes for a purpose authorized under Section 3986.0502; and
(3)  assessments only to finance a major public infrastructure improvement project that serves a majority of the district.
(c)  The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from assessments in the manner provided by Subchapter A, Chapter 372, Local Government Code, if the improvement financed by an obligation issued under this section will be conveyed to or operated and maintained by a municipality or other retail utility provider pursuant to an agreement with the district entered into before the issuance of the obligation.
(5)  In added Subchapter E, Chapter 3986, Special District Local Laws Code (page 6, line 9), strike "3986.0504" and substitute "3986.0505".
(6)  In added Subchapter E, Chapter 3986, Special District Local Laws Code (page 6, line 16), strike "3986.0505" and substitute "3986.0506".
(7)  In added Subchapter E, Chapter 3986, Special District Local Laws Code (page 6, line 30), strike "3986.0506" and substitute "3986.0507".
(8)  In added Section 3986.0901, Special District Local Laws Code (page 6, line 64), strike "(d)" and substitute "(c)".

HB 3803 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Guillen called up with senate amendments for consideration at this time,

HB 3803, A bill to be entitled An Act relating to the maximum amount of an administrative penalty assessed on certain long-term care facilities.

Representative Guillen moved to concur in the senate amendments to HB 3803.

The motion to concur in the senate amendments to HB 3803 prevailed by (Record 1799): 141 Yeas, 0 Nays, 2 Present, not voting.

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

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

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

Absent — Farrar; Gervin-Hawkins; White.

STATEMENTS OF VOTE

When Record No. 1799 was taken, my vote failed to register. I would have voted yes.

Gervin-Hawkins

When Record No. 1799 was taken, my vote failed to register. I would have voted yes.

White

Senate Committee Substitute

CSHB 3803, A bill to be entitled An Act relating to the maximum amount of an administrative penalty assessed on certain long-term care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 252.065(b), Health and Safety Code, is amended to read as follows:
(b)  The penalty for a facility with fewer than 60 beds shall be not less than $100 or more than $1,000 for each violation.  The penalty for a facility with 60 beds or more shall be not less than $100 or more than $5,000 for each violation.  Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty. The total amount of a penalty assessed under this subsection for each day a violation occurs or continues may not exceed:
(1)  $5,000 for a facility with fewer than 60 beds; and
(2)  $25,000 for a facility with 60 beds or more.
SECTION 2.  The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money to the commission specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations that are available for that purpose.
SECTION 3.  This Act takes effect September 1, 2019.

HB 4429 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Blanco called up with senate amendments for consideration at this time,

HB 4429, A bill to be entitled An Act relating to the inclusion of mental health first aid training in the mental health program for veterans.

Representative Blanco moved to concur in the senate amendments to HB 4429.

The motion to concur in the senate amendments to HB 4429 prevailed by (Record 1800): 138 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Stickland.

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

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

Absent — Calanni; Canales; Farrar; Johnson, J.D.; White.

STATEMENTS OF VOTE

When Record No. 1800 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

When Record No. 1800 was taken, my vote failed to register. I would have voted yes.

White

Senate Committee Substitute

CSHB 4429, A bill to be entitled An Act relating to mental health first aid training for veterans and immediate family members of veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 434.352(b), Government Code, is amended to read as follows:
(b)  For the mental health program for veterans, the commission shall:
(1)  provide training to peer service coordinators and peers in accordance with Section 434.353;
(2)  provide technical assistance to peer service coordinators and peers;
(3)  identify, train, and communicate with community-based licensed mental health professionals, community-based organizations, and faith-based organizations; [and]
(4)  coordinate services for justice involved veterans; and
(5)  coordinate local delivery to veterans and immediate family members of veterans of mental health first aid for veterans training.
SECTION 2.  Section 1001.205, Health and Safety Code, is amended to read as follows:
Sec. 1001.205.  REPORTS. (a) Not later than September 30 of each year, a local mental health authority shall provide to the department the number of:
(1)  employees and contractors of the authority who were trained as mental health first aid trainers under Section 1001.202 during the preceding fiscal year;
(2)  university employees, school district employees, and school resource officers who completed a mental health first aid training program offered by the authority under Section 1001.203 during the preceding fiscal year; [and]
(3)  individuals who are not university employees, school district employees, or school resource officers who completed a mental health first aid training program offered by the authority during the preceding fiscal year; and
(4)  veterans and immediate family members of veterans who completed the veterans module of a mental health first aid training program offered by the authority during the preceding fiscal year.
(b)  Not later than December 1 of each year, the department shall compile the information submitted by local mental health authorities as required by Subsection (a) and submit a report to the legislature containing the number of:
(1)  authority employees and contractors trained as mental health first aid trainers during the preceding fiscal year;
(2)  university employees, school district employees, and school resource officers who completed a mental health first aid training program provided by an authority during the preceding fiscal year; [and]
(3)  individuals who are not university employees, school district employees, or school resource officers who completed a mental health first aid training program provided by an authority during the preceding fiscal year; and
(4)  veterans and immediate family members of veterans who completed the veterans module of a mental health first aid training program provided by an authority during the preceding fiscal year.
SECTION 3.  Section 1001.222(a), Health and Safety Code, is amended to read as follows:
(a)  The department shall develop a mental health intervention program for veterans. The program must include:
(1)  peer-to-peer counseling;
(2)  access to licensed mental health professionals for peer service coordinators and peers;
(3)  training approved by the department for peer service coordinators, licensed mental health professionals, and peers;
(4)  technical assistance for peer service coordinators, licensed mental health professionals, and peers;
(5)  identification, retention, and screening of community-based licensed mental health professionals;
(6)  suicide prevention training for peer service coordinators and peers; [and]
(7)  veteran jail diversion services, including veterans treatment courts; and
(8)  coordination of mental health first aid for veterans training to veterans and immediate family members of veterans.
SECTION 4.  This Act takes effect September 1, 2019.

HB 3809 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Goldman called up with senate amendments for consideration at this time,

HB 3809, A bill to be entitled An Act relating to the accrual of and limitations periods for personal injury claims that arise from certain offenses involving child sexual abuse.

Representative Goldman moved to concur in the senate amendments to HB 3809.

The motion to concur in the senate amendments to HB 3809 prevailed by (Record 1801): 141 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.

Absent — Farrar; Johnson, J.D.; Stickland.

Senate Committee Substitute

CSHB 3809, A bill to be entitled An Act relating to the limitations period for personal injury claims that arise from certain offenses involving child sexual abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 16.0045(a), Civil Practice and Remedies Code, is amended to read as follows:
(a)  A person must bring suit for personal injury not later than 30 [15] years after the day the cause of action accrues if the injury arises as a result of conduct that violates:
(1)  Section 22.011(a)(2), Penal Code (sexual assault of a child);
(2)  Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);
(3)  Section 21.02, Penal Code (continuous sexual abuse of young child or children);
(4)  Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or Section 20A.02(a)(8), Penal Code, involving an activity described by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child trafficked in the manner described by Section 20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
(5)  Section 43.05(a)(2), Penal Code (compelling prostitution by a child); or
(6)  Section 21.11, Penal Code (indecency with a child).
SECTION 2.  The change in law made by this Act applies to a cause of action that accrues on or after the effective date of this Act or a cause of action that accrued before the effective date of this Act, if the limitations period applicable to the cause of action immediately before the effective date of this Act has not expired before the effective date of this Act.
SECTION 3.  This Act takes effect September 1, 2019.

HB 4703 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Walle called up with senate amendments for consideration at this time,

HB 4703, A bill to be entitled An Act relating to the creation of the Harris County Improvement District No. 28; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Representative Walle moved to concur in the senate amendments to HB 4703.

The motion to concur in the senate amendments to HB 4703 prevailed by (Record 1802): 97 Yeas, 45 Nays, 2 Present, not voting.

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

Nays — Anderson; Ashby; Bell, C.; Bohac; Bonnen; Buckley; Burrows; Cain; Capriglione; Clardy; Cyrier; Dean; Frank; Goldman; Harless; Harris; Hefner; Holland; King, P.; Krause; Lang; Leach; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Patterson; Paul; Phelan; Sanford; Shaheen; Springer; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

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

Absent — Farrar; Johnson, J.D.

Senate Committee Substitute

CSHB 4703, A bill to be entitled An Act relating to the creation of the Harris County Improvement District No. 28; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3987 to read as follows:
CHAPTER 3987. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 28
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3987.0101.  DEFINITIONS. In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Houston.
(3)  "County" means Harris County.
(4)  "Director" means a board member.
(5)  "District" means the Harris County Improvement District No. 28.
Sec. 3987.0102.  NATURE OF DISTRICT. The Harris County Improvement District No. 28 is a special district created under Section 59, Article XVI, Texas Constitution.
Sec. 3987.0103.  PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.
(b)  By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(c)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(d)  This chapter and the creation of the district may not be interpreted to relieve the city from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant city services provided in the district.
Sec. 3987.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(b)  The district is created to serve a public use and benefit.
(c)  The creation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment; and
(3)  developing or expanding transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and
(4)  provide for water, wastewater, drainage, road, and recreational facilities for the district.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 3987.0105.  INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Sec. 3987.0106.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code; or
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code.
Sec. 3987.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3987.0108.  CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3987.0201.  GOVERNING BODY; TERMS. (a) The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.
(b)  The board by resolution may change the number of voting directors on the board if the board determines that the change is in the best interest of the district. The board may not consist of fewer than 5 or more than 15 voting directors.
Sec. 3987.0202.  APPOINTMENT OF VOTING DIRECTORS. The mayor and members of the governing body of the city shall appoint voting directors from persons recommended by the board. A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.
Sec. 3987.0203.  NONVOTING DIRECTORS. The board may appoint nonvoting directors to serve at the pleasure of the voting directors.
Sec. 3987.0204.  QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted:
(1)  a board position vacant for any reason, including death, resignation, or disqualification;
(2)  a director who is abstaining from participation in a vote because of a conflict of interest; or
(3)  a nonvoting director.
Sec. 3987.0205.  COMPENSATION. A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code. Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Sec. 3987.0206.  INITIAL VOTING DIRECTORS. (a) The initial board consists of the following voting directors:
Pos. No.
Name of Director
1
Robert Tautenhahn
2
Juan Carlos Herrera
3
Jack Chaluh
4
Maewel Ghebremichael
5
Jarret Ewing
(b)  Of the initial directors, the terms of directors appointed for positions one through three expire June 1, 2021, and the terms of directors appointed for positions four and five expire June 1, 2023.
(c)  Section 3987.0202 does not apply to this section.
(d)  This section expires September 1, 2023.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3987.0301.  GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 3987.0302.  IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
(b)  The district may contract with a governmental or private entity to carry out an action under Subsection (a).
(c)  The implementation of a district project or service is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec. 3987.0303.  NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)  The nonprofit corporation:
(1)  has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and
(2)  may implement any project and provide any service authorized by this chapter.
(c)  The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.
Sec. 3987.0304.  LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the city, to provide law enforcement services in the district for a fee.
Sec. 3987.0305.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Sec. 3987.0306.  ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b)  The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs and exercise the economic development powers provided to municipalities by:
(1)  Chapter 380, Local Government Code; and
(2)  Subchapter A, Chapter 1509, Government Code.
Sec. 3987.0307.  PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
(b)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
(c)  The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.
(d)  The development and operation of the district's parking facilities may be considered an economic development program.
Sec. 3987.0308.  ADDING OR EXCLUDING LAND. The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 3987.0309.  DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.
Sec. 3987.0310.  NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3987.0401.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)  A petition filed under Subsection (a) must be signed by the owners of at least 60 percent of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.
Sec. 3987.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.
(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)  are a first and prior lien against the property assessed;
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3987.0501.  TAX ELECTION REQUIRED. The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.
Sec. 3987.0502.  OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3987.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The board shall determine the operation and maintenance tax rate. The rate may not exceed the rate approved at the election.
(c)  Section 49.107(h), Water Code, does not apply to the district.
Sec. 3987.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board.
(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.
Sec. 3987.0504.  BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Sec. 3987.0505.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section 3987.0501, the district may issue bonds payable from ad valorem taxes only to purchase, construct, acquire, own, operate, repair, improve, or extend facilities and improvements for and in support of:
(1)  parking as described by Section 3987.0307;
(2)  parks and recreational facilities, including:
(A)  parks, landscaping, and greenbelts;
(B)  sidewalks and trails;
(C)  pedestrian crosswalks, bridges, and tunnels;
(D)  public right-of-way beautification projects;
(E)  plazas, pedestrian malls, and places of public assembly;
(F)  lighting, banners, and signs;
(G)  works of art; and
(H)  recreational equipment and facilities; and
(3)  water, sewer, drainage, and road facilities and improvements.
(b)  Section 375.243, Local Government Code, does not apply to the district.
(c)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(d)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Sec. 3987.0506.  CONSENT OF MUNICIPALITY REQUIRED. (a) The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
(b)  This section applies only to the district's first issuance of bonds payable from ad valorem taxes.
Sec. 3987.0507.  CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, the city is not required to pay a bond, note, or other obligation of the district.
Sec. 3987.0508.  CONFIRMATION ELECTION REQUIRED. The district must hold an election to confirm the creation of the district before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 3987.0901.  DISSOLUTION. (a) The board shall dissolve the district on written petition filed with the board by the owners of:
(1)  66 percent or more of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or
(2)  66 percent or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.
(b)  The board by majority vote may dissolve the district at any time.
(c)  The district may not be dissolved by its board under Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or
(3)  owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.
SECTION 2.  The Harris County Improvement District No. 28 initially includes all territory contained in the following area:
Being a tract or parcel, containing 6.011 acres (261,835 square feet) of land, situated in the John Austin Two League Grant, Abstract Number 1, City of Houston, Harris County, Texas, and being all of Unrestricted Reserve "A" and part of and out of Unrestricted Reserve "B", Block 1, CWA GILLETTE STREET, a plat of subdivision recorded under Film Code Number 657260, Map Records of Harris County, Texas (M.R.H.C.); also being all that certain called 6.011 acres described in deed to Westcreek HTX Real Estate Partners-D, L.P. (herein referred to as the "Westcreek Tract"), as recorded under County Clerk's File (C.C.F.) Number 20150175209, Official Public Records of Real Property of Harris County, Texas (O.P.R.R.P.H.C.); the herein described 6.011 acre tract being more particularly described by metes and bounds as follows (bearings herein are grid bearings based on the Texas State Plane Coordinate System, South Central Zone, NAD 83, as evidenced on said subdivision plat of CWA GILLETTE STREET; distances are surface distances based on the U.S. Survey Foot and may be converted to grid by multiplying by a combined scale factor of 0.999890843):
BEGINNING at a 5/8-inch iron rod with plastic cap, stamped "TERRA SURVEYING", set marking the intersection of the south right-of-way (R.O.W.) line of Allen Parkway (public), based on a 195-foot width, with the east R.O.W. line of Gillette Street (public), based on a 60-foot width; both street rights-of-way being part of and out of the remainder of that certain called 48.78 acres described in deed to City of Houston, as recorded in Volume 372, Page 235, Deed Records of Harris County, Texas; also, the alignment of said street rights-of-way are depicted on City File Room Drawings 6064 and 9387 for Allen Parkway, and 8064 and 36778 for Gillette Street; said iron rod also marking the northwest corner of said Westcreek Tract, said Unrestricted Reserve "A", and the herein described tract;
THENCE, North 87°38'58" East, with the south R.O.W. line of said Allen Parkway, a distance of 387.79 feet to a 3/4-inch iron rod found marking the northwest corner of Reserve "A", Block 1, ALLEN PARKWAY VILLAGE, a plat of subdivision recorded under Film Code Number 428006, M.R.H.C.; said iron rod also marking the northeast corner of said Westcreek Tract, said Unrestricted Reserve "A", and the herein described tract, from which a 5/8-inch iron rod found for reference bears South 84°04' West, 2.40 feet;
THENCE, South 02°19'25" East, departing said south R.O.W. line with the west line of said Reserve "A", and the east line of said Westcreek Tract and said Unrestricted Reserve "A", at 373.40 feet pass a 3/4-inch iron rod found marking the most easterly common corner of the aforesaid Unrestricted Reserves "A" and "B"; continuing, with said west line, and the east line of said Westcreek Tract and said Unrestricted Reserve "B", a total distance of 675.57 feet to a 5/8-inch iron rod with plastic cap, stamped "TERRA SURVEYING", set marking the southeast corner of said Westcreek Tract and the herein described tract;
THENCE, South 87°38'09" West, across said Unrestricted Reserve "B" with the south line of said Westcreek Tract, a distance of 387.31 feet to a 5/8-inch iron rod with plastic cap, stamped "TERRA SURVEYING", set in the east R.O.W. line of the aforesaid Gillette Street and marking the southwest corner of said Westcreek Tract and the herein described tract;
THENCE, North 02°21'51" West, with the east R.O.W. line of said Gillette Street, at 418.66 feet pass the most westerly common corner of the aforesaid Unrestricted Reserves "A" and "B", from which a 3/4-inch iron rod found for reference bears South 87°38'58" West, 0.13 feet; continuing, a total distance of 675.66 feet to the POINT OF BEGINNING and containing 6.011 acres (261,835 square feet) of land.
SECTION 3.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
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.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 4703 (senate committee printing) in SECTION 1 of the bill, in added Section 3987.0505(a)(3), Special District Local Laws Code (page 5, line 63), between "improvements" and the underlined period, by inserting "in aid of a facility or improvement described by Subdivision (1) or (2)".

HB 1397 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Phelan called up with senate amendments for consideration at this time,

HB 1397, A bill to be entitled An Act relating to the establishment of rates for certain non-ERCOT utilities.

Representative Phelan moved to discharge the conferees and concur in the senate amendments to HB 1397.

The motion to discharge the conferees and concur in the senate amendments to HB 1397 prevailed by (Record 1803): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.

Absent — Farrar; Johnson, J.D.

Senate Committee Substitute

CSHB 1397, A bill to be entitled An Act relating to the establishment of rates for certain non-ERCOT utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 36.112(g), Utilities Code, is amended to read as follows:
(g)  This section expires September 1, 2031 [2023].
SECTION 2.  Section 36.211(f), Utilities Code, is amended to read as follows:
(f)  This section expires September 1, 2031 [2023].
SECTION 3.  Section 36.212(g), Utilities Code, is amended to read as follows:
(g)  This section expires September 1, 2031 [2023].
SECTION 4.  Subchapter E, Chapter 36, Utilities Code, is amended by adding Section 36.213 to read as follows:
Sec. 36.213.  RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT UTILITIES. (a) This section applies only to an electric utility that operates solely outside of ERCOT.
(b)  An electric utility may file, and the commission may approve, an application for a rider to recover the electric utility's investment in a power generation facility.
(c)  An application under Subsection (b) may be filed by the electric utility and approved by the commission before the electric utility places the power generation facility in service.
(d)  Any rider approved under Subsection (b) shall take effect on the date the power generation facility begins providing service to the electric utility's customers.
(e)  Amounts recovered through a rider approved under Subsection (b) are subject to reconciliation in the first comprehensive base rate proceeding for the electric utility that occurs after approval of the rider. During the reconciliation, the commission shall determine if the amounts recovered through the rider are reasonable and necessary.
(f)  If a rider approved under Subsection (b) includes recovery for a power generation facility that provides greater than $200 million of Texas jurisdictional generation capacity, the electric utility that filed the rider shall initiate a comprehensive base rate proceeding at the commission not later than 18 months after the date the rider takes effect.
(g)  The commission shall adopt rules as necessary to implement this section.
(h)  This section expires September 1, 2031.
SECTION 5.  Not later than September 1, 2020, the Public Utility Commission of Texas shall adopt rules required by Section 36.213(g), Utilities Code, as added by this Act.
SECTION 6.  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 4533 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Klick called up with senate amendments for consideration at this time,

HB 4533, A bill to be entitled An Act relating to the system redesign for delivery of Medicaid acute care services and long-term services and supports to persons with an intellectual or developmental disability or with similar functional needs.

Representative Klick moved to concur in the senate amendments to HB 4533.

The motion to concur in the senate amendments to HB 4533 prevailed by (Record 1804): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.

Absent — Farrar; Johnson, J.D.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4533 (senate committee report) in SECTION 12 of the bill, in added Section 534.1045, Government Code, as follows:
(1)  In added Subsection (a)(5)(C) (page 7, line 68), strike "and".
(2)  In added Subsection (a)(6) (page 8, line 7), between "preferences" and the underlined period, insert the following:
; and
(7)  dental services benefits in accordance with Subsection (a-1)
(3)  Immediately following Subsection (a) (page 8, between lines 7 and 8), insert the following:
(a-1)  In developing the pilot program, the commission shall:
(1)  evaluate dental services benefits provided through Medicaid waiver programs and dental services benefits provided as a value-added service under the Medicaid managed care delivery model;
(2)  determine which dental services benefits are the most cost-effective in reducing emergency room and inpatient hospital admissions due to poor oral health; and
(3)  based on the determination made under Subdivision (2), provide the most cost-effective dental services benefits to pilot program participants.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 4533 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 531.001, Government Code, is amended by adding Subdivision (4-c) to read as follows:
(4-c)  "Medicaid managed care organization" means a managed care organization as defined by Section 533.001 that contracts with the commission under Chapter 533 to provide health care services to Medicaid recipients.
SECTION ____.  Subchapter B, Chapter 531, Government Code, is amended by adding Sections 531.021182, 531.02131, 531.02142, 531.024162, and 531.0511 to read as follows:
Sec. 531.021182.  USE OF NATIONAL PROVIDER IDENTIFIER NUMBER. (a)  In this section, "national provider identifier number" means the national provider identifier number required under Section 1128J(e), Social Security Act (42 U.S.C. Section 1320a-7k(e)).
(b)  The commission shall transition from using a state-issued provider identifier number to using only a national provider identifier number in accordance with this section.
(c)  The commission shall implement a Medicaid provider management and enrollment system and, following that implementation, use only a national provider identifier number to enroll a provider in Medicaid.
(d)  The commission shall implement a modernized claims processing system and, following that implementation, use only a national provider identifier number to process claims for and authorize Medicaid services.
Sec. 531.02131.  GRIEVANCES RELATED TO MEDICAID. (a) The commission shall adopt a definition of "grievance" related to Medicaid and ensure the definition is consistent among divisions within the commission to ensure all grievances are managed consistently.
(b)  The commission shall standardize Medicaid grievance data reporting and tracking among divisions within the commission.
(c)  The commission shall implement a no-wrong-door system for Medicaid grievances reported to the commission.
(d)  The commission shall establish a procedure for expedited resolution of a grievance related to Medicaid that allows the commission to:
(1)  identify a grievance related to a Medicaid access to care issue that is urgent and requires an expedited resolution; and
(2)  resolve the grievance within a specified period.
(e)  The commission shall verify grievance data reported by a Medicaid managed care organization.
(f)  The commission shall:
(1)  aggregate Medicaid recipient and provider grievance data to provide a comprehensive data set of grievances; and
(2)  make the aggregated data available to the legislature and the public in a manner that does not allow for the identification of a particular recipient or provider.
Sec. 531.02142.  PUBLIC ACCESS TO CERTAIN MEDICAID DATA. (a) To the extent permitted by federal law, the commission in consultation and collaboration with the appropriate advisory committees related to Medicaid shall make available to the public on the commission's Internet website in an easy-to-read format data relating to the quality of health care received by Medicaid recipients and the health outcomes of those recipients. Data made available to the public under this section must be made available in a manner that does not identify or allow for the identification of individual recipients.
(b)  In performing its duties under this section, the commission may collaborate with an institution of higher education or another state agency with experience in analyzing and producing public use data.
Sec. 531.024162.  NOTICE REQUIREMENTS REGARDING DENIAL OF COVERAGE OR PRIOR AUTHORIZATION. (a) The commission shall ensure that notice sent by the commission or a Medicaid managed care organization to a Medicaid recipient or provider regarding the denial of coverage or prior authorization for a service includes:
(1)  information required by federal law;
(2)  a clear and easy-to-understand explanation of the reason for the denial for the recipient; and
(3)  a clinical explanation of the reason for the denial for the provider.
(b)  To ensure cost-effectiveness, the commission may implement the notice requirements described by Subsection (a) at the same time as other required or scheduled notice changes.
Sec. 531.0511.  MEDICALLY DEPENDENT CHILDREN WAIVER PROGRAM: CONSUMER DIRECTION OF SERVICES. Notwithstanding Sections 531.051(c)(1) and (d), a consumer direction model implemented under Section 531.051, including the consumer-directed service option, for the delivery of services under the medically dependent children (MDCP) waiver program must allow for the delivery of all services and supports available under that program through consumer direction.
SECTION ____.  Section 533.00253(a)(1), Government Code, is amended to read as follows:
(1)  "Advisory committee" means the STAR Kids Managed Care Advisory Committee described by [established under] Section 533.00254.
SECTION ____.  Section 533.00253, Government Code, is amended by amending Subsection (c) and adding Subsections (f), (g), and (h) to read as follows:
(c)  The commission may require that care management services made available as provided by Subsection (b)(7):
(1)  incorporate best practices, as determined by the commission;
(2)  integrate with a nurse advice line to ensure appropriate redirection rates;
(3)  use an identification and stratification methodology that identifies recipients who have the greatest need for services;
(4)  provide a care needs assessment for a recipient [that is comprehensive, holistic, consumer-directed, evidence-based, and takes into consideration social and medical issues, for purposes of prioritizing the recipient's needs that threaten independent living];
(5)  are delivered through multidisciplinary care teams located in different geographic areas of this state that use in-person contact with recipients and their caregivers;
(6)  identify immediate interventions for transition of care;
(7)  include monitoring and reporting outcomes that, at a minimum, include:
(A)  recipient quality of life;
(B)  recipient satisfaction; and
(C)  other financial and clinical metrics determined appropriate by the commission; and
(8)  use innovations in the provision of services.
(f)  Using existing resources, the executive commissioner in consultation and collaboration with the advisory committee shall determine the feasibility of providing Medicaid benefits to children enrolled in the STAR Kids managed care program under:
(1)  an accountable care organization model in accordance with guidelines established by the Centers for Medicare and Medicaid Services; or
(2)  an alternative model developed by or in collaboration with the Centers for Medicare and Medicaid Services Innovation Center.
(g)  Not later than December 1, 2022, the commission shall prepare and submit a written report to the legislature of the executive commissioner's determination under Subsection (f).
(h)  Subsections (f) and (g) and this subsection expire September 1, 2023.
SECTION ____.  Subchapter A, Chapter 533, Government Code, is amended by adding Sections 533.00254 and 533.0031 to read as follows:
Sec. 533.00254.  STAR KIDS MANAGED CARE ADVISORY COMMITTEE. (a)  The STAR Kids Managed Care Advisory Committee established by the executive commissioner under Section 531.012 shall:
(1)  advise the commission on the operation of the STAR Kids managed care program under Section 533.00253; and
(2)  make recommendations for improvements to that program.
(b)  On December 31, 2023:
(1)  the advisory committee is abolished; and
(2)  this section expires.
Sec. 533.0031.  MEDICAID MANAGED CARE PLAN ACCREDITATION. (a) A managed care plan offered by a Medicaid managed care organization must be accredited by a nationally recognized accreditation organization. The commission may choose whether to require all managed care plans offered by Medicaid managed care organizations to be accredited by the same organization or to allow for accreditation by different organizations.
(b)  The commission may use the data, scoring, and other information provided to or received from an accreditation organization in the commission's contract oversight processes.
SECTION ____.  The Health and Human Services Commission shall issue a request for information to seek information and comments regarding contracting with a managed care organization to arrange for or provide a managed care plan under the STAR Kids managed care program established under Section 533.00253, Government Code, as amended by this Act, throughout the state instead of on a regional basis.
SECTION ____.  (a) Using available resources, the Health and Human Services Commission shall report available data on the 30-day limitation on reimbursement for inpatient hospital care provided to Medicaid recipients enrolled in the STAR+PLUS Medicaid managed care program under 1 T.A.C. Section 354.1072(a)(1) and other applicable law. To the extent data is available on the subject, the commission shall also report on:
(1)  the number of Medicaid recipients affected by the limitation and their clinical outcomes; and
(2)  the impact of the limitation on reducing unnecessary Medicaid inpatient hospital days and any cost savings achieved by the limitation under Medicaid.
(b)  Not later than December 1, 2020, the Health and Human Services Commission shall submit the report containing the data described by Subsection (a) of this section to the governor, the legislature, and the Legislative Budget Board. The report required under this subsection may be combined with any other report required by this Act or other law.
SECTION ____.  The Health and Human Services Commission shall implement:
(1)  the Medicaid provider management and enrollment system required by Section 531.021182(c), Government Code, as added by this Act, not later than September 1, 2020; and
(2)  the modernized claims processing system required by Section 531.021182(d), Government Code, as added by this Act, not later than September 1, 2023.
SECTION ____.  The Health and Human Services Commission shall require that a managed care plan offered by a managed care organization with which the commission enters into or renews a contract under Chapter 533, Government Code, on or after the effective date of this Act comply with Section 533.0031, Government Code, as added by this Act, not later than September 1, 2022.
SECTION ____.  The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

LEAVE OF ABSENCE GRANTED

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

J.D. Johnson on motion of C. Bell.

HB 3420 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Lambert called up with senate amendments for consideration at this time,

HB 3420, A bill to be entitled An Act relating to liability coverage for certain vehicles provided by certain automobile repair facilities.

Representative Lambert moved to concur in the senate amendments to HB 3420.

The motion to concur in the senate amendments to HB 3420 prevailed by (Record 1805): 130 Yeas, 11 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; 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; Noble; Patterson; Swanson; Tinderholt; Wilson; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Bell, C.; Farrar.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3420 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in added Section 1952.060(a)(3), Insurance Code (page 1, line 39), strike "or another reason" and substitute "maintenance, or damage or to obtain an estimate".
(2)  In SECTION 1 of the bill, in added Section 1952.060(c)(2), Insurance Code (page 1, line 57), strike "25,000" and substitute "14,000".

HB 2587 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Guillen called up with senate amendments for consideration at this time,

HB 2587, A bill to be entitled An Act relating to the business of travel insurance.

Representative Guillen moved to concur in the senate amendments to HB 2587.

The motion to concur in the senate amendments to HB 2587 prevailed by (Record 1806): 111 Yeas, 29 Nays, 2 Present, not voting.

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

Nays — Bell, C.; Biedermann; Bonnen; Burrows; Cain; Dean; Frank; Goldman; Hefner; Krause; Lang; Leach; Metcalf; Middleton; Noble; Parker; Patterson; Phelan; Sanford; Schaefer; Shaheen; Springer; Stickland; Stucky; Swanson; Tinderholt; Toth; Wray; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Deshotel; Farrar; Turner, C.

STATEMENT OF VOTE

When Record No. 1806 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2587 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in added Section 3504.0001(1), Insurance Code (page 1, line 25), strike "a website" and substitute "an Internet website".
(2)  In SECTION 1 of the bill, in added Section 3504.0001(4)(K), Insurance Code (page 2, line 25), strike "daycare institution" and substitute "day-care facility".
(3)  In SECTION 1 of the bill, in added Section 3504.0001(10), Insurance Code (page 2, line 68), between "insurance and" and "not related", insert "are".
(4)  In SECTION 1 of the bill, strike added Section 3504.0003, Insurance Code (page 3, lines 32-33).
(5)  In SECTION 1 of the bill, strike added Section 3504.0004(a), Insurance Code (page 3, lines 34-37), and substitute the following:
(a) Except as provided by Subsection (b) and notwithstanding any other provision of this code, travel insurance is classified and filed for purposes of rates and forms under an inland marine line of insurance.
(6)  In SECTION 1 of the bill, in added Section 3504.0005(a), Insurance Code (page 3, lines 59-68), strike Subdivision (3) and substitute the following:
(3)  a blanket travel insurance policyholder who buys a blanket travel insurance policy for members of an eligible group if:
(A)  the policyholder is a resident of this state; or
(B)  the policyholder's principal place of business is located in this state.
(7)  In SECTION 1 of the bill, in added Section 3504.0005(b), Insurance Code (page 4, lines 4-6), strike Subdivision (2) and substitute the following:
(2)  report as premium:
(A)  only the amount allocable to travel insurance and not amounts received for travel assistance services or cancellation fee waivers; and
(B)  only the amount allocable to residents of this state.
(8)  In SECTION 1 of the bill, strike added Section 3504.0006(1), Insurance Code (page 4, lines 15-20), and substitute the following:
(1)  at the time or before the consumer buys the travel protection plan it is clearly disclosed to the consumer that the plan includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity for the consumer to obtain additional information regarding the features and the pricing of each feature;
(9)  In SECTION 1 of the bill, in added Section 3504.0007(g), Insurance Code (page 4, line 67), strike "insurer's website" and substitute "insurer's Internet website".
(10)  In SECTION 1 of the bill, in added Section 3504.0007(g)(1), Insurance Code (page 5, line 2), strike "the website" and substitute "the Internet website".
(11)  In SECTION 1 of the bill, in added Section 3504.0007(h), Insurance Code (page 5, line 7), strike "using negative option" and substitute "using a negative option".
(12)  In SECTION 1 of the bill, in added Section 3504.0008, Insurance Code (page 5, line 23), strike "The commissioner shall adopt" and substitute "(a) The commissioner may adopt".
(13)  In SECTION 1 of the bill, in added Section 3504.0008, Insurance Code (page 5, between lines 26 and 27), insert the following:
(b)  The comptroller, in consultation with the commissioner, may adopt rules to implement this chapter.
(14)  In SECTION 2 of the bill, in added Section 4055.151(1-c), Insurance Code (page 5, lines 37-40), strike "a person who, directly or indirectly, underwrites, collects a charge, collateral, or premium from, or adjusts or settles a claim of a resident of this state" and substitute "a person who directly or indirectly underwrites, collects a charge, collateral, or premium from, or adjusts or settles a claim of, a resident of this state".
(15)  In SECTION 3 of the bill, strike amended Section 4055.154(b), Insurance Code (page 6, lines 59-61), and substitute the following:
(b)  Travel insurance coverage may be provided under an individual [policy] or [a] group insurance policy or a blanket travel insurance [master] policy, as defined by Section 3504.0001.
(16)  Renumber the sections of and the cross-references within added Chapter 3504, Insurance Code, accordingly.

HB 1140 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative T. King called up with senate amendments for consideration at this time,

HB 1140, A bill to be entitled An Act relating to fees for vehicles stored at vehicle storage facilities; authorizing fee increases and decreases; eliminating a fee; eliminating a minimum fee.

Representative T. King moved to concur in the senate amendments to HB 1140.

The motion to concur in the senate amendments to HB 1140 prevailed by (Record 1807): 125 Yeas, 17 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; 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; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smithee; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Bonnen; Capriglione; Dean; Harless; Hefner; Krause; Middleton; Noble; Oliverson; Patterson; Ramos; Smith; Springer; Swanson; Tinderholt; Wilson; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

STATEMENT OF VOTE

When Record No. 1807 was taken, I was shown voting yes. I intended to vote no.

Schaefer

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1140 (senate committee printing) by striking added Sections 2303.1552(b) and (c), Occupations Code (page 2, lines 1-13), and substituting the following:
(b)  Each odd-numbered year, the commission, not later than November 1:
(1)  by rule may adjust the impoundment fee under Section 2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) by an amount equal to the amount of the applicable fee in effect on December 31 of the preceding year multiplied by the percentage increase or decrease in the consumer price index during the preceding state fiscal biennium; and
(2)  if the fees are adjusted under Subdivision (1), shall publish the adjusted fees on the department's Internet website.
(c)  A fee adjusted under Subsection (b) is effective beginning the January 1 following the adoption of a rule under that subsection.

HB 2463 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative T. King called up with senate amendments for consideration at this time,

HB 2463, A bill to be entitled An Act relating to the deposit and allocation of certain funds to the horse industry escrow account and to the maximum balance of that account.

Representative T. King moved to concur in the senate amendments to HB 2463.

The motion to concur in the senate amendments to HB 2463 prevailed by (Record 1808): 99 Yeas, 42 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Buckley; Bucy; Button; Calanni; Clardy; Coleman; Collier; Cortez; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murr; Neave; Nevárez; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zwiener.

Nays — Anderson; Bohac; Bonnen; Burns; Burrows; Cain; Capriglione; Craddick; Dean; Flynn; Frank; Goldman; Harless; Hefner; Holland; King, P.; Krause; Landgraf; Lang; Leach; Leman; Middleton; Miller; Murphy; Noble; Oliverson; Patterson; Paul; Sanford; Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; Wilson; Zedler; Zerwas.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Canales; Farrar.

STATEMENTS OF VOTE

When Record No. 1808 was taken, I was shown voting yes. I intended to vote no.

Button

When Record No. 1808 was taken, I was shown voting yes. I intended to vote no.

Parker

Senate Committee Substitute

CSHB 2463, A bill to be entitled An Act relating to the deposit and allocation of certain funds to the horse industry escrow account and to the maximum balance of that account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 2028.202(b), Occupations Code, is amended to read as follows:
(b)  From the total amount deducted under Subsection (a), a greyhound racetrack association that receives an interstate cross-species simulcast signal shall distribute the following amounts from each pari-mutuel pool wagered on the signal at the racetrack:
(1)  a fee of 1.5 percent to be paid to the racetrack in this state sending the signal;
(2)  a purse in the amount of 0.75 percent to be paid to the official state horse breed registry for Thoroughbred horses for use as purses at racetracks in this state;
(3)  a purse in the amount of 0.75 percent to be paid to the official state horse breed registry for quarter horses for use as purses at racetracks in this state; and
(4)  a purse of 4.5 percent to be escrowed with the commission [for purses] in the manner provided by Section 2028.204.
SECTION 2.  Section 2028.203, Occupations Code, is amended to read as follows:
Sec. 2028.203.  REIMBURSEMENT FOR SIMULCAST SIGNAL COST.  If a racetrack association purchases an interstate simulcast signal and the signal cost exceeds five percent of the pari-mutuel pool, the commission, from the escrowed [purse] account under Section 2028.202(b)(4), shall reimburse the racetrack association an amount equal to one-half of the signal cost that exceeds five percent of the pari-mutuel pool.
SECTION 3.  The heading to Section 2028.204, Occupations Code, is amended to read as follows:
Sec. 2028.204.  ALLOCATION OF MONEY IN ESCROW ACCOUNTS [ESCROWED PURSES].
SECTION 4.  Section 2028.204(b), Occupations Code, is amended to read as follows:
(b)  Any horse racetrack association in this state may apply to the commission for receipt of money in the horse industry escrow [all or part of the escrowed purse] account for use as purses. Any state horse breed registry listed in Section 2030.002(a) may apply for receipt of money in the account for any event that furthers the horse industry. The commission:
(1)  shall determine the horse racetrack associations and state horse breed registries to be allocated money from the [escrowed purse] account and the percentages to be allocated, taking into consideration purse levels, racing opportunities, and the financial status of the requesting racetrack association or requesting breed registry; and
(2)  may not annually allocate more than 70 percent of the amount deposited into the account to horse racetrack associations for use as purses.
SECTION 5.  Subchapter E, Chapter 2028, Occupations Code, is amended by adding Section 2028.2041 to read as follows:
Sec. 2028.2041.  ALLOCATION OF CERTAIN FUNDS. (a) In each state fiscal biennium, the comptroller shall deposit the amounts allocated under Section 151.801(c-3), Tax Code, into the escrow account established under Section 2028.204(b), until the comptroller determines the amount deposited into the account in that fiscal biennium equals the greater of:
(1)  the amount appropriated to the commission for the purposes of Section 2028.204 for that fiscal biennium; or
(2)  $50 million.
(b)  Once the comptroller determines the greater of the amount described by Subsection (a)(1) or (2) has been deposited during a state fiscal biennium into the escrow account established under Section 2028.204(b), for the remainder of that fiscal biennium the comptroller shall deposit the amounts allocated under Section 151.801(c-3), Tax Code, into the general revenue fund.
(c)  The balance of the escrow account established under Section 2028.204(b) shall not exceed $50 million.
SECTION 6.  Sections 2028.205(a) and (b), Occupations Code, are amended to read as follows:
(a)  In addition to money allocated under Section 2028.204, a horse racetrack association operating a racetrack that is located not more than 75 miles from a greyhound racetrack that offers wagering on a cross-species simulcast signal and that sends the cross-species simulcast signal to the greyhound racetrack may apply to the commission for an allocation of up to 20 percent of the money in the escrowed [purse] account that is attributable to the wagering on a cross-species simulcast signal at the greyhound racetrack.
(b)  If the applying horse racetrack association can prove to the commission's satisfaction that the racetrack association's handle has decreased directly due to wagering on an interstate cross-species simulcast signal at a greyhound racetrack located not more than 75 miles from the applying racetrack association, the commission shall allocate amounts from the escrowed [purse] account as the commission considers appropriate to compensate the racetrack association for the decrease. The amounts allocated may not exceed 20 percent of the money in the escrowed [purse] account that is attributable to the wagering on the interstate cross-species simulcast signal at the greyhound racetrack.
SECTION 7.  Section 151.801, Tax Code, is amended by amending Subsections (a) and (d) and adding Subsection (c-3) to read as follows:
(a)  Except for the amounts allocated under Subsections (b), (c), [and] (c-2), and (c-3), all proceeds from the collection of the taxes imposed by this chapter shall be deposited to the credit of the general revenue fund.
(c-3)  Subject to the limitation imposed under Section 2028.2041, Occupations Code, an amount equal to the proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of horse feed, horse supplements, and horse tack shall be deposited to the credit of the escrow account administered by the Texas Racing Commission and established under Section 2028.204, Occupations Code.
(d)  The comptroller shall determine the amount to be deposited to the highway fund under Subsection (b) according to available statistical data indicating the estimated average or actual consumption or sales of lubricants used to propel motor vehicles over the public roadways.  The comptroller shall determine the amounts to be deposited to the funds or accounts under Subsection (c) according to available statistical data indicating the estimated or actual total receipts in this state from taxable sales of sporting goods.  The comptroller shall determine the amount to be deposited to the fund under Subsection (c-2) according to available statistical data indicating the estimated or actual total receipts in this state from taxes imposed on sales at retail of fireworks. The comptroller shall determine the amount to be deposited to the account under Subsection (c-3) according to available statistical data indicating the estimated or actual total receipts in this state from taxable sales of horse feed, horse supplements, and horse tack. If satisfactory data are not available, the comptroller may require taxpayers who make taxable sales or uses of those lubricants, of sporting goods, [or] of fireworks, or of horse feed, horse supplements, or horse tack to report to the comptroller as necessary to make the allocation required by Subsection (b), (c), [or] (c-2), or (c-3).
SECTION 8.  Section 151.801(e), Tax Code, is amended by adding Subdivisions (4) and (5) to read as follows:
(4)  "Horse feed" means a product clearly packaged and labeled as feed for a horse.
(5)  "Horse supplement" means a product clearly packaged and labeled as a supplement for a horse, including a vitamin, mineral, or other nutrient intended to supplement horse feed.
SECTION 9.  As soon as practicable after the effective date of this Act, the Texas Racing Commission shall revise existing rules or adopt new rules as necessary to comply with Subtitle A-1, Title 13, Occupations Code (Texas Racing Act), as amended by this Act.
SECTION 10.  The comptroller of public accounts 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 comptroller may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 11.  The Texas Racing Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 12.  This Act takes effect September 1, 2019.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 2463 (senate committee printing) as follows:
(1)  In SECTION 7 of the bill, in added Section 151.801(c-3), Tax Code (page 2, line 60), strike "and horse tack" and substitute "horse tack, horse bedding and grooming supplies, and other taxable expenditures directly related to horse ownership, riding, or boarding".
(2)  In SECTION 7 of the bill, in amended Section 151.801(d), Tax Code (page 3, line 11), strike "and horse tack" and substitute "horse tack, horse bedding and grooming supplies, and other taxable expenditures directly related to horse ownership, riding, or boarding".
(3)  In SECTION 7 of the bill, in amended Section 151.801(d), Tax Code (page 3, line 14), strike "or horse tack" and substitute "horse tack, horse bedding and grooming supplies, or other taxable expenditures directly related to horse ownership, riding, or boarding".

HB 2174 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Zerwas called up with senate amendments for consideration at this time,

HB 2174, A bill to be entitled An Act relating to controlled substance prescriptions and reimbursement for treatment for certain substance use disorders; authorizing a fee.

Representative Zerwas moved to concur in the senate amendments to HB 2174.

The motion to concur in the senate amendments to HB 2174 prevailed by (Record 1809): 131 Yeas, 9 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; 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.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Krause; Leach; Middleton; Oliverson; Patterson; Swanson; Tinderholt; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Stickland.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2174 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a)  In this section, "qualifying practitioner" has the meaning assigned by 21 U.S.C. Section 823(g)(2)(G)(iii).
(b)  Not later than November 1, 2019, the Health and Human Services Commission shall amend the commission's Medicaid Substance Use Disorder Services Medical Policy and any other provider or claims payment policy or manual necessary to authorize Medicaid medical benefits reimbursement for the prescribing of buprenorphine for the treatment of an opioid use disorder by an advanced practice registered nurse recognized by the Texas Board of Nursing as a clinical nurse specialist, nurse anesthetist, or nurse midwife, provided that the advanced practice registered nurse:
(1)  is a qualifying practitioner;
(2)  has obtained a waiver from registration requirements as provided by 21 U.S.C. Section 823(g); and
(3)  is acting under adequate physician supervision and a physician's delegation under Section 157.0512 or 157.054, Occupations Code.

HB 2944 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Gervin-Hawkins called up with senate amendments for consideration at this time,

HB 2944, A bill to be entitled An Act relating to authorizing the sale or transfer of the G. J. Sutton Building Complex in San Antonio.

Representative Gervin-Hawkins moved to concur in the senate amendments to HB 2944.

The motion to concur in the senate amendments to HB 2944 prevailed by (Record 1810): 124 Yeas, 17 Nays, 2 Present, not voting.

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

Nays — Bohac; Bonnen; Cain; Goldman; Krause; Lang; Leach; Middleton; Miller; Oliverson; Patterson; Sanford; Smith; Springer; Stickland; Thompson, E.; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Hunter.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2944 (senate committee printing), in SECTION 1 of the bill, by adding the following appropriately lettered subsection to that section and redesignating subsections of that section and cross-references to those subsections accordingly:
(____)  The sale of the real property authorized by this section must comply with 26 C.F.R. Sections 1.141-12(a), (b), (c), and (e). This subsection prevails to the extent of any conflict between this subsection and any provision of this Act or any other law.

HB 4372 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Murphy called up with senate amendments for consideration at this time,

HB 4372, A bill to be entitled An Act relating to youth camp abuse complaints and compliance orders.

Representative Murphy moved to concur in the senate amendments to HB 4372.

The motion to concur in the senate amendments to HB 4372 prevailed by (Record 1811): 138 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.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; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Wilson.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Bailes; Farrar; Flynn; Toth.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4372 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, strike added Section 141.0051, Health and Safety Code (page 1, lines 23 through 29), and substitute the following:
Sec. 141.0051.  LICENSE; CONSIDERATION OF CERTAIN CONVICTIONS. In making a determination on issuance, renewal, or revocation of a youth camp operator's license, the department shall consider whether the youth camp employs an individual who was convicted of an act of sexual abuse, as defined by Section 21.02, Penal Code.
(2)  In SECTION 1 of the bill, strike added Section 141.0085(b), Health and Safety Code (page 1, lines 35 through 45), and substitute the following:
(b)  If a law enforcement agency notifies a youth camp operator of the investigation or conviction of an individual who is employed by the camp for an act of sexual abuse, as defined by Section 21.02, Penal Code, that occurred at the camp, the operator shall:
(1)  immediately notify the department of the investigation or conviction; and
(2)  retain all records related to the investigation or conviction until the department notifies the camp that the record retention is no longer required.
(3)  In SECTION 2 of the bill, strike added Section 141.0111, Health and Safety Code (page 1, lines 48 through 61), and substitute the following:
Sec. 141.0111.  REQUIRED INFORMATION ABOUT ABUSE REPORTING. A youth camp operator shall develop and maintain a written policy regarding the method for reporting to the department suspected abuse occurring at the camp. The operator on request of any person shall provide a copy of the policy to the person.
(4)  In SECTION 2 of the bill, strike added Section 141.0112(b), Health and Safety Code (page 2, lines 6 through 10), and substitute the following:
(b)  A youth camp operator shall include on the camp's publicly accessible Internet website a clearly marked link to the youth camp program web page on the department's Internet website.
(5)  Strike SECTION 3 of the bill (page 2, lines 11 through 14) and renumber subsequent SECTIONS of the bill accordingly.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend Amendment No. 1 to HB 4372 as follows:
(1)  Strike line 10 and insert the following "Penal Code, that occurred at the camp."

HB 3082 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Murphy called up with senate amendments for consideration at this time,

HB 3082, A bill to be entitled An Act relating to investigating and prosecuting the criminal offense of operating an unmanned aircraft over or near certain facilities.

Representative Murphy moved to concur in the senate amendments to HB 3082.

The motion to concur in the senate amendments to HB 3082 prevailed by (Record 1812): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3082 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 423.0045(a)(1), Government Code, as amended by Chapters 824 (HB 1643) and 1010 (HB 1424), Acts of the 85th Legislature, Regular Session, 2017, is reenacted to read as follows:
(1)  "Correctional facility" means:
(A)  a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B)  a municipal or county jail;
(C)  a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D)  a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
SECTION ____.  Section 423.0045(a)(1-a), Government Code, is reenacted to conform to the changes made to Section 423.0045(a)(1), Government Code, by Chapter 824 (HB 1643), Acts of the 85th Legislature, Regular Session, 2017, and is further amended to read as follows:
(1-a)  "Critical infrastructure facility" means:
(A)  one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:
(i)  a petroleum or alumina refinery;
(ii)  an electrical power generating facility, substation, switching station, or electrical control center;
(iii)  a chemical, polymer, or rubber manufacturing facility;
(iv)  a water intake structure, water treatment facility, wastewater treatment plant, or pump station;
(v)  a natural gas compressor station;
(vi)  a liquid natural gas terminal or storage facility;
(vii)  a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services;
(viii)  a port, railroad switching yard, trucking terminal, or other freight transportation facility;
(ix)  a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;
(x)  a transmission facility used by a federally licensed radio or television station;
(xi)  a steelmaking facility that uses an electric arc furnace to make steel;
(xii)  a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; [or]
(xiii)  a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or
(xiv)  a military installation owned or operated by or for the federal government, the state, or another governmental entity; or
(B)  if enclosed by a fence or other physical barrier obviously designed to exclude intruders:
(i)  any portion of an aboveground oil, gas, or chemical pipeline;
(ii)  an oil or gas drilling site;
(iii)  a group of tanks used to store crude oil, such as a tank battery;
(iv)  an oil, gas, or chemical production facility;
(v)  an oil or gas wellhead; or
(vi)  any oil and gas facility that has an active flare.
SECTION ____.  Section 423.0045(c), Government Code, as amended by Chapters 824 (HB 1643) and 1010 (HB 1424), Acts of the 85th Legislature, Regular Session, 2017, is reenacted to read as follows:
(c)  This section does not apply to:
(1)  conduct described by Subsection (b) that involves a correctional facility, detention facility, or critical infrastructure facility and is committed by:
(A)  the federal government, the state, or a governmental entity;
(B)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;
(C)  a law enforcement agency;
(D)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency; or
(E)  an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:
(i)  each applicable Federal Aviation Administration rule, restriction, or exemption; and
(ii)  all required Federal Aviation Administration authorizations; or
(2)  conduct described by Subsection (b) that involves a critical infrastructure facility and is committed by:
(A)  an owner or operator of the critical infrastructure facility;
(B)  a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;
(C)  a person who has the prior written consent of the owner or operator of the critical infrastructure facility; or
(D)  the owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property.
SECTION ____.  To the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

HB 1941 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Phelan called up with senate amendments for consideration at this time,

HB 1941, A bill to be entitled An Act relating to unconscionable prices charged by certain health care facilities for medical care.

HB 1941 - STATEMENT OF LEGISLATIVE INTENT

Representative Phelan submitted the following statement for inclusion in the journal:

My intent is to grant the Texas Attorney General with the authority to pursue allegations of unconscionable charges in certain emergency circumstances. HB 1941 is not intended to set prices or declare that any particular price is reasonable.

Representative Phelan moved to concur in the senate amendments to HB 1941.

The motion to concur in the senate amendments to HB 1941 prevailed by (Record 1813): 141 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

Senate Committee Substitute

CSHB 1941, A bill to be entitled An Act relating to unconscionable prices charged by certain health care facilities for medical care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter E, Chapter 17, Business & Commerce Code, is amended by adding Section 17.464 to read as follows:
Sec. 17.464.  UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY FACILITY. (a) In this section:
(1)  "Emergency care" means health care services provided in an emergency facility to evaluate and stabilize medical conditions of a recent onset and severity, including severe pain, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe that the individual's condition, sickness, or injury is of such a nature that failure to get immediate medical care could:
(A)  place the individual's health in serious jeopardy;
(B)  result in serious impairment to bodily functions;
(C)  result in serious dysfunction of a bodily organ or part;
(D)  result in serious disfigurement; or
(E)  for a pregnant woman, result in serious jeopardy to the health of the fetus.
(2)  "Emergency facility" means:
(A)  a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or
(B)  a hospital that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.).
(b)  For purposes of Section 17.46(a), the term "false, misleading, or deceptive acts or practices" includes an emergency facility that:
(1)  provides emergency care at an unconscionable price; or
(2)  demands or charges an unconscionable price for or in connection with emergency care or other care at the facility.
(c)  The consumer protection division may not bring an action under Section 17.47 for an act or practice described by Subsection (b) if the price alleged to be unconscionable is less than 200 percent of the average charge for the same or substantially similar care provided to other individuals by emergency rooms of hospitals located in the same county or nearest county in which the emergency facility is located, as applicable, according to data collected by the Department of State Health Services under Chapter 108, Health and Safety Code, and made available to the division, except as provided by Subsection (d). The consumer protection division may not use data that includes prices for care provided in an urgent care setting or physician practice to establish the division's authority to investigate and pursue an action under this subchapter.
(d)  If the attorney general determines that the consumer protection division is unable to obtain the charge data described by Subsection (c), the attorney general may adopt rules designating another source of hospital charge data for use by the division in establishing the average charge for emergency care or other care provided by hospital emergency rooms for purposes of Subsection (c).
(e)  In an action brought under Section 17.47 to enforce this section, the consumer protection division may request, and the trier of fact may award the recovery of:
(1)  reasonable attorney's fees and court costs; and
(2)  the reasonable expenses incurred by the division in obtaining any remedy available under Section 17.47, including the cost of investigation, witness fees, and deposition expenses.
(f)  This section does not create a private cause of action for a false, misleading, or deceptive act or practice described by Subsection (b).
SECTION 2.  This Act takes effect September 1, 2019.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 1941 (senate committee printing), in SECTION 1 of the bill, by striking added Section 17.464(a)(2), Business & Commerce Code (page 1, lines 44 through 49), and substituting the following:
(2)  "Emergency facility":
(A)  means:
(i)  a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or
(ii)  a hospital that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); and
(B)  does not include a hospital that:
(i)  has been operating as a hospital for less than one year;
(ii)  has submitted an application to a federally recognized accreditation program for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); and
(iii)  has not failed an accreditation for certification.

HB 2718 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative C. Turner called up with senate amendments for consideration at this time,

HB 2718, A bill to be entitled An Act relating to authorizing an increase in the student union fee at The University of Texas at Arlington.

PARLIAMENTARY INQUIRY

REPRESENTATIVE TINDERHOLT: I have several folks around me asking the question, so I want to clear it up because if some folks over there are wondering, I'm sure there's others. When we're voting on these concur/not concur, are we voting on the bill or are we voting on the amendments that the senate brought over?

SPEAKER PRO TEMPORE MOODY: You are simultaneously voting on the text of the bill and the senate amendments that have been added to the bill.

HB 2718 - (consideration continued)

Representative C. Turner moved to concur in the senate amendments to HB 2718.

The motion to concur in the senate amendments to HB 2718 prevailed by (Record 1814): 88 Yeas, 51 Nays, 3 Present, not voting.

Yeas — Allison; Anchia; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Capriglione; Coleman; Collier; Cortez; Craddick; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, P.; King, T.; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sheffield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Allen; Anderson; Ashby; Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Clardy; Cyrier; Dean; Goldman; Harless; Harris; Hefner; Holland; King, K.; Krause; Landgraf; Lang; Leman; Metcalf; Meyer; Middleton; Miller; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford; Shaheen; Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Klick; Zedler.

STATEMENTS OF VOTE

When Record No. 1814 was taken, I was shown voting yes. I intended to vote no.

K. Bell

When Record No. 1814 was taken, I was shown voting present, not voting. I intended to vote yes.

Button

When Record No. 1814 was taken, I was shown voting yes. I intended to vote no.

Kuempel

When Record No. 1814 was taken, my vote failed to register. I would have voted yes.

Zedler

Senate Committee Substitute

CSHB 2718, A bill to be entitled An Act relating to authorizing an increase in the student union fee at The University of Texas at Arlington.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 54.529(a), Education Code, is amended to read as follows:
(a)  The board of regents of The University of Texas System may levy a student union fee not to exceed $150 [$39] per student for each regular semester and not to exceed $75 [$19.50] per student for each term of the summer session, for the sole purpose of financing, constructing, operating, maintaining, and improving the Student Union Building for The University of Texas at Arlington. The [; provided, however, that the] fee may not be increased above an amount previously levied [$15   per student for each regular semester and $7.50   per student for each term of the summer session] unless the increase is approved by a majority vote of those students participating in a general election held at the university for that purpose. The ballot proposition for such an election must clearly state the amount of the proposed fee increase and describe the reason for the proposed fee increase. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.
SECTION 2.  Section 54.529(a), Education Code, as amended by this Act, applies beginning with fees imposed for the 2019 fall semester.
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.

HB 3371 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Shine called up with senate amendments for consideration at this time,

HB 3371, A bill to be entitled An Act relating to the regulation of certain battery-charged fences by municipalities and counties.

Representative Shine moved to concur in the senate amendments to HB 3371.

The motion to concur in the senate amendments to HB 3371 prevailed by (Record 1815): 132 Yeas, 7 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; Nevárez; Noble; Ortega; Pacheco; Parker; Paul; Perez; Phelan; Price; 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 — Bonnen; Cain; Lang; Middleton; Oliverson; Patterson; Ramos.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Klick; Paddie; Schaefer.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3371 (senate committee report) in SECTION 1 of the bill, in added Section 250.009(c)(2), Local Government Code (page 1, line 59), between "standards" and "described", by inserting the following:
:
(2)  set by the International Electrotechnical Commission as published on June 29, 2018, or alarm system
(3)

HB 2486 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Goldman called up with senate amendments for consideration at this time,

HB 2486, A bill to be entitled An Act relating to certain required disclosures and prohibited practices of certain employee benefit plans and health insurance policies that provide benefits for dental care services.

Representative Goldman moved to concur in the senate amendments to HB 2486.

The motion to concur in the senate amendments to HB 2486 prevailed by (Record 1816): 139 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; 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 — Paul.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Schaefer; Thierry.

STATEMENTS OF VOTE

When Record No. 1816 was taken, I was shown voting yes. I intended to vote no.

Hinojosa

When Record No. 1816 was taken, I was shown voting no. I intended to vote yes.

Paul

Senate Committee Substitute

CSHB 2486, A bill to be entitled An Act relating to certain required disclosures and prohibited practices of certain employee benefit plans and health insurance policies that provide benefits for dental care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 1451.205, Insurance Code, is amended to read as follows:
Sec. 1451.205.  DISCLOSURE OF BENEFIT TERMS. (a) An employee benefit plan or health insurance policy shall:
(1)  if applicable, disclose that the benefit for dental care services offered is limited to the least costly treatment; and
(2)  specify in dollars and cents the amount of the payment or reimbursement to be provided for dental care services or define and explain the standard on which payment of benefits or reimbursement for the cost of dental care services is based, such as:
(A)  "usual and customary" fees;
(B)  "reasonable and customary" fees;
(C)  "usual, customary, and reasonable" fees; or
(D)  words of similar meaning.
(b)  A person or entity who provides or issues an employee benefit plan or health insurance policy or the employer or employee organization, if applicable, shall establish an Internet website to provide resources and information to dentists, insureds, participants, employees, and members.
(c)  An employee benefit plan or health insurance policy provider or issuer shall make accessible on the Internet website established under Subsection (b) information about the plan or policy sufficient for patients and dentists to determine the type of dental care services covered by the plan or policy, the percentage of the allowed charges for a covered service that will be paid or reimbursed under the plan or policy, and, for a contracting provider dentist, an estimate of the amount of the payment or reimbursement available for the provider's services under the plan or policy. Access to the Internet website must be at no charge to patients under the plan or policy and dentists providing dental care services to the patients.
(d)  An employee benefit plan or health insurance policy provider or issuer is not required to comply with Subsection (b) or (c) for a plan or policy that:
(1)  provides for payment of the benefit for dental care services under the plan or policy:
(A)  as an indemnity benefit based on a fixed schedule, regardless of the cost of the dental care service;
(B)  on a cash-payment-only basis;
(C)  directly to the beneficiary of the plan or policy or to the beneficiary's assigns; and
(D)  regardless of other coverage; and
(2)  does not provide for a copayment, a deductible, a network, or contracting provider dentists.
SECTION 2.  Section 1451.206(a), Insurance Code, is amended to read as follows:
(a)  The employee benefit plan or health insurance policy shall:
(1)  provide:
(A) [(1)]  that payment or reimbursement for a noncontracting provider dentist shall be the same as payment or reimbursement for a contracting provider dentist; [and]
(B) [(2)]  that the party to or beneficiary of the plan or policy may assign the right to payment or reimbursement to the dentist who provides the dental care services; and
(C)  one or more methods of payment or reimbursement that provide the dentist 100 percent of the contracted amount of the payment or reimbursement and that do not require the dentist to incur a fee to access the payment or reimbursement; and
(2)  disclose on the Internet website required under Section 1451.205 and on request of a dentist or a party to or beneficiary of the plan or policy the fees, if any, associated with the methods of payment or reimbursement available under the plan or policy.
SECTION 3.  Sections 1451.207(a) and (c), Insurance Code, are amended to read as follows:
(a)  An employee benefit plan or health insurance policy may not:
(1)  interfere with or prevent an individual who is a party to or beneficiary of the plan or policy from selecting a dentist of the individual's choice to provide a dental care service the plan or policy offers if the dentist selected is licensed in this state to provide the service;
(2)  deny a dentist the right to participate as a contracting provider under the plan or policy if the dentist is licensed to provide the dental care services the plan or policy offers;
(3)  authorize a person to regulate, interfere with, or intervene in the provision of dental care services a dentist provides a patient, including diagnosis, if the dentist practices within the scope of the dentist's license; [or]
(4)  require a dentist to make or obtain a dental x-ray or other diagnostic aid in providing dental care services; or
(5)  deduct the amount of an overpayment of a claim from a payment or reimbursement for a dental care service provided by a dentist who did not receive the overpayment.
(c)  This section does not prohibit the predetermination of benefits for dental care expenses before the attending dentist provides treatment. In this subsection, "predetermination" means an estimate by the patient's employee benefit plan or health insurance policy provider or issuer of:
(1)  the patient's eligibility under the plan or policy for benefits or covered services;
(2)  the amount of the patient's deductible, copayment, or coinsurance related to benefits or covered services; and
(3)  the maximum benefit limits for benefits or covered services.
SECTION 4.  Subchapter E, Chapter 1451, Insurance Code, is amended by adding Section 1451.208 to read as follows:
Sec. 1451.208.  PRIOR AUTHORIZATION OF DENTAL CARE SERVICES. (a) For purposes of this section, "prior authorization" means a written and verifiable determination that one or more specific dental care services are covered under the patient's employee benefit plan or health insurance policy and are payable and reimbursable in a specific stated amount, subject to applicable coinsurance and deductible amounts. The term:
(1)  includes preauthorization or similar authorization; and
(2)  does not include a predetermination as defined by Section 1451.207(c).
(b)  For services for which a prior authorization is required, on request of a patient or treating dentist, an employee benefit plan or health insurance policy provider or issuer shall provide to the dentist a written prior authorization of benefits for a dental care service for the patient. The prior authorization must include a specific benefit payment or reimbursement amount. Except as provided by Subsection (c), the plan or policy provider or issuer may not pay or reimburse the dentist in an amount that is less than the amount stated in the prior authorization.
(c)  An employee benefit plan or health insurance policy provider or issuer that preauthorizes a dental care service under Subsection (b) may deny a claim for the dental care service or reduce payment or reimbursement to the dentist for the service only if:
(1)  the denial or reduction is in accordance with the patient's employee benefit plan or health insurance policy benefit limitations, including an annual maximum or frequency of treatment limitation, and the patient met the benefit limitation after the date the prior authorization was issued;
(2)  the documentation for the claim fails to reasonably support the claim as preauthorized;
(3)  the preauthorized dental care service was not medically necessary based on the prevailing standard of care on the date of the service, or is subject to denial under the conditions for coverage under the patient's plan or policy in effect at the time the service was preauthorized, because of a change in the patient's condition or because the patient received additional dental care services after the date the prior authorization was issued;
(4)  a payor other than the employee benefit plan or health insurance policy provider or issuer is responsible for payment of the claim;
(5)  the dentist received full payment for the preauthorized dental care service on which the claim is based;
(6)  the claim is fraudulent;
(7)  the prior authorization was based wholly or partly on a material error in information provided to the employee benefit plan or health insurance policy provider or issuer by any person not related to the provider or issuer; or
(8)  the patient was otherwise ineligible for the dental care service under the patient's plan or policy, and the plan or policy provider or issuer did not know and could not reasonably have known that the patient was ineligible for the dental care service on the date the plan or policy provider or issuer preauthorized the dental care service.
SECTION 5.  The changes in law made by this Act apply only to an employee benefit plan or health insurance policy that provides benefits for dental care services that is delivered, issued for delivery, renewed, or contracted for on or after the effective date of this Act. An employee benefit plan or health insurance policy that provides benefits for dental care services that is delivered, issued for delivery, renewed, or contracted for before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 6.  This Act takes effect September 1, 2019.

HB 4150 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Paddie called up with senate amendments for consideration at this time,

HB 4150, A bill to be entitled An Act relating to safety and inspection requirements for certain utilities that provide electricity.

Representative Paddie moved to concur in the senate amendments to HB 4150.

The motion to concur in the senate amendments to HB 4150 prevailed by (Record 1817): 139 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; 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; 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Johnson, J.E.; Schaefer; Sherman.

STATEMENT OF VOTE

When Record No. 1817 was taken, I was in the house but away from my desk. I would have voted yes.

Sherman

Senate Committee Substitute

CSHB 4150, A bill to be entitled An Act relating to safety and inspection requirements for certain utilities that provide electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as the William Thomas Heath Power Line Safety Act.
SECTION 2.  Subchapter A, Chapter 35, Utilities Code, is amended by adding Section 35.010 to read as follows:
Sec. 35.010.  COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES. (a) This section applies only to a municipally owned utility or electric cooperative that has wholesale transmission rates established by the commission.
(b)  Costs incurred by a municipally owned utility or electric cooperative to comply with Section 38.102 shall be recorded as a regulatory asset for timely recovery in wholesale transmission rates established by the commission.
(c)  The commission may adopt rules relating to the recording of regulatory assets under this section.
SECTION 3.  Subchapter B, Chapter 36, Utilities Code, is amended by adding Section 36.066 to read as follows:
Sec. 36.066.  COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES. (a) Costs incurred by an electric utility to comply with Section 38.102 shall be recorded as a regulatory asset for timely recovery in rates established by the commission.
(b)  The commission may adopt rules relating to the recording of regulatory assets under this section.
SECTION 4.  Section 38.004, Utilities Code, is amended to read as follows:
Sec. 38.004.  MINIMUM CLEARANCE STANDARD. (a) Notwithstanding any other law, a transmission or distribution line owned by an electric utility or an electric cooperative must be constructed, operated, and maintained, as to clearances, in the manner described by the National Electrical Safety Code Standard ANSI (c)(2), as adopted by the American National Safety Institute and in effect at the time of construction.
(b)  An electric utility, municipally owned utility, or electric cooperative shall meet the minimum clearance requirements specified in Rule 232 of the National Electrical Safety Code Standard ANSI (c)(2) in the construction of any transmission or distribution line over the following lakes:
(1)  Abilene;
(2)  Alan Henry;
(3)  Alvarado Park;
(4)  Amistad;
(5)  Amon G. Carter;
(6)  Aquilla;
(7)  Arlington;
(8)  Arrowhead;
(9)  Athens;
(10)  Austin;
(11)  Averhoff;
(12)  B. A. Steinhagen;
(13)  Bachman;
(14)  Balmorhea;
(15)  Bardwell;
(16)  Bastrop;
(17)  Baylor Creek;
(18)  Belton;
(19)  Benbrook;
(20)  Big Creek;
(21)  Bob Sandlin;
(22)  Bonham;
(23)  Bonham State Park;
(24)  Brady Creek;
(25)  Brandy Branch;
(26)  Braunig;
(27)  Brazos;
(28)  Bridgeport;
(29)  Brownwood;
(30)  Bryan;
(31)  Bryson;
(32)  Buchanan;
(33)  Buffalo Creek;
(34)  Buffalo Springs;
(35)  Caddo;
(36)  Calaveras;
(37)  Canyon;
(38)  Casa Blanca;
(39)  Cedar Creek;
(40)  Champion Creek;
(41)  Choke Canyon;
(42)  Cisco;
(43)  Cleburne State Park;
(44)  Clyde;
(45)  Coffee Mill;
(46)  Coleman;
(47)  Coleto Creek;
(48)  Colorado City;
(49)  Conroe;
(50)  Cooper;
(51)  Corpus Christi;
(52)  Crook;
(53)  Cypress Springs;
(54)  Daniel;
(55)  Davy Crockett;
(56)  Diversion;
(57)  Dunlap;
(58)  Eagle Mountain;
(59)  E. V. Spence;
(60)  Fairfield;
(61)  Falcon;
(62)  Fayette County;
(63)  Findley;
(64)  Fork;
(65)  Fort Parker State Park;
(66)  Fort Phantom Hill;
(67)  Fryer;
(68)  Georgetown;
(69)  Gibbons Creek;
(70)  Gilmer;
(71)  Gladewater;
(72)  Gonzales;
(73)  Graham;
(74)  Granbury;
(75)  Granger;
(76)  Grapevine;
(77)  Greenbelt;
(78)  Halbert;
(79)  Hawkins;
(80)  Holbrook;
(81)  Hords Creek;
(82)  Houston;
(83)  Houston County;
(84)  Hubbard Creek;
(85)  Inks;
(86)  Jacksboro;
(87)  Jacksonville;
(88)  J. B. Thomas;
(89)  Joe Pool;
(90)  Kemp;
(91)  Kickapoo;
(92)  Kirby;
(93)  Kurth;
(94)  Lady Bird;
(95)  Lake O' The Pines;
(96)  Lavon;
(97)  Leon;
(98)  Lewisville;
(99)  Limestone;
(100) Livingston;
(101) Lone Star;
(102) Lost Creek;
(103) Lyndon B. Johnson;
(104) Mackenzie;
(105) Marble Falls;
(106) Marine Creek;
(107) Martin Creek;
(108) McClellan;
(109) Medina;
(110) Meredith;
(111) Meridian State Park;
(112) Mexia;
(113) Mill Creek;
(114) Millers Creek;
(115) Mineral Wells;
(116) Monticello;
(117) Moss;
(118) Mountain Creek;
(119) Muenster;
(120) Murvaul;
(121) Nacogdoches;
(122) Naconiche;
(123) Nasworthy;
(124) Navarro Mills;
(125) New Ballinger;
(126) Nocona;
(127) Oak Creek;
(128) O. C. Fisher;
(129) O. H. Ivie;
(130) Palestine;
(131) Palo Duro;
(132) Palo Pinto;
(133) Pat Cleburne;
(134) Pat Mayse;
(135) Pinkston;
(136) Placid;
(137) Possum Kingdom;
(138) Proctor;
(139) Purtis Creek;
(140) Quitman;
(141) Raven;
(142) Ray Hubbard;
(143) Ray Roberts;
(144) Red Bluff;
(145) Richland-Chambers;
(146) Sam Rayburn;
(147) Sheldon;
(148) Somerville;
(149) Squaw Creek;
(150) Stamford;
(151) Stillhouse Hollow;
(152) Striker;
(153) Sulphur Springs;
(154) Sweetwater;
(155) Tawakoni;
(156) Texana;
(157) Texoma;
(158) Timpson;
(159) Toledo Bend;
(160) Tradinghouse Creek;
(161) Travis;
(162) Twin Buttes;
(163) Tyler;
(164) Waco;
(165) Walter E. Long;
(166) Waxahachie;
(167) Weatherford;
(168) Welsh;
(169) Wheeler Branch;
(170) White River;
(171) White Rock;
(172) Whitney;
(173) Wichita;
(174) Winnsboro;
(175) Winters-Elm Creek;
(176) Wood;
(177) Worth; and
(178) Wright Patman.
SECTION 5.  Subchapter E, Chapter 38, Utilities Code, is amended by adding Section 38.102 to read as follows:
Sec. 38.102.  REPORTS ON SAFETY PROCESSES AND INSPECTIONS. (a) Each electric utility, municipally owned utility, and electric cooperative that owns or operates overhead transmission or distribution assets shall submit to the commission a report that includes:
(1)  a summary description of hazard recognition training documents provided by the utility or electric cooperative to its employees related to overhead transmission and distribution facilities; and
(2)  a summary description of training programs provided to employees by the utility or electric cooperative related to the National Electrical Safety Code for the construction of electric transmission and distribution lines.
(b)  An electric utility, municipally owned utility, or electric cooperative shall submit an updated report not later than the 30th day after the date the utility or electric cooperative finalizes a material change to a document or program included in a report submitted under Subsection (a).
(c)  Not later than May 1 every five years, each electric utility, municipally owned utility, and electric cooperative that owns or operates overhead transmission facilities greater than 60 kilovolts shall submit to the commission a report for the preceding five-year period ending on December 31 of the preceding calendar year that includes:
(1)  the percentage of overhead transmission facilities greater than 60 kilovolts inspected for compliance with the National Electrical Safety Code relating to vertical clearance in the reporting period; and
(2)  the percentage of the overhead transmission facilities greater than 60 kilovolts anticipated to be inspected for compliance with the National Electrical Safety Code relating to vertical clearance during the five-year period beginning on January 1 of the year in which the report is submitted.
(d)  Subject to Subsection (f), not later than May 1 of each year, each electric utility, municipally owned utility, or electric cooperative that owns or operates overhead transmission facilities greater than 60 kilovolts shall submit to the commission a report on the overhead transmission facilities for the preceding calendar year that includes information regarding:
(1)  the number of identified occurrences of noncompliance with Section 38.004 regarding the vertical clearance requirements of the National Electrical Safety Code for overhead transmission facilities;
(2)  whether the utility or electric cooperative has actual knowledge that any portion of the utility's or electric cooperative's transmission system is not in compliance with Section 38.004 regarding the vertical clearance requirements of the National Electrical Safety Code; and
(3)  whether the utility or electric cooperative has actual knowledge of any violations of easement agreements with the United States Army Corps of Engineers relating to Section 38.004 regarding the vertical clearance requirements of the National Electrical Safety Code for overhead transmission facilities.
(e)  Subject to Subsection (f), not later than May 1 of each year, each electric utility, municipally owned utility, or electric cooperative that owns or operates overhead transmission facilities greater than 60 kilovolts or distribution facilities greater than 1 kilovolt shall submit to the commission a report for the preceding calendar year that includes:
(1)  the number of fatalities or injuries of individuals other than employees, contractors, or other persons qualified to work in proximity to overhead high voltage lines involving transmission or distribution assets related to noncompliance with the requirements of Section 38.004; and
(2)  a description of corrective actions taken or planned to prevent the reoccurrence of fatalities or injuries described by Subdivision (1).
(f)  Violations resulting from, and incidents, fatalities, or injuries attributable to a violation resulting from, a natural disaster, weather event, or man-made act or force outside of a utility's or electric cooperative's control are not required to be included in the portions of the reports required under Subsections (d) and (e).
(g)  Not later than September 1, each year the commission shall make the reports publicly available on the commission's Internet website.
(h)  A report, and any required information contained in a report, made on an incident or violation under this section is not admissible in a civil or criminal proceeding against the electric utility, municipally owned utility, or electric cooperative, or the utility's or electric cooperative's employees, directors, or officers. The commission may otherwise take enforcement actions under the commission's authority.
SECTION 6.  Any electric utility, municipally owned utility, or electric cooperative that owns a transmission or distribution line over a lake listed in Section 38.004(b), Utilities Code, as added by this Act, that is not in compliance on the effective date of this Act with the clearance standards of Rule 232 of the National Electrical Safety Code Standard ANSI (c)(2) in effect at the time the line was constructed shall bring the line into compliance not later than December 31, 2021. Any line over a lake listed in Section 38.004(b), Utilities Code, as added by this Act, that must be rebuilt to comply with this section must be constructed in accordance with the clearance standards of Rule 232 of the National Electrical Safety Code Standard ANSI (c)(2) in effect on the effective date of this Act.
SECTION 7.  An electric utility, a municipally owned utility, or an electric cooperative required to submit a report under Section 38.102, Utilities Code, as added by this Act, is not required to submit the report until May 1, 2020.
SECTION 8.  This Act takes effect September 1, 2019.

HB 4182 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Sherman called up with senate amendments for consideration at this time,

HB 4182, A bill to be entitled An Act relating to an intercollegiate athletics fee at the University of North Texas at Dallas.

Representative Sherman moved to concur in the senate amendments to HB 4182.

The motion to concur in the senate amendments to HB 4182 prevailed by (Record 1818): 94 Yeas, 48 Nays, 2 Present, not voting.

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

Nays — Ashby; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Cyrier; Dean; Flynn; Goldman; Harless; Harris; Hefner; Holland; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford; Shaheen; Smith; Smithee; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

STATEMENT OF VOTE

When Record No. 1818 was taken, I was shown voting no. I intended to vote yes.

Springer

Senate Committee Substitute

CSHB 4182, A bill to be entitled An Act relating to an intercollegiate athletics fee at the University of North Texas at Dallas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter E, Chapter 54, Education Code, is amended by adding Section 54.5192 to read as follows:
Sec. 54.5192.  INTERCOLLEGIATE ATHLETICS FEE; UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The board of regents of the University of North Texas System may charge each student enrolled at the University of North Texas at Dallas an intercollegiate athletics fee in an initial amount not to exceed $10 per semester credit hour for each regular semester or summer session. The amount of the fee may be increased only as provided by Subsection (e).
(b)  A student enrolled in more than 12 semester credit hours shall pay the fee in an amount equal to the amount charged a student enrolled in 12 semester credit hours during the same semester or session.
(c)  Revenue from the fee charged under this section may be used only to develop and maintain an intercollegiate athletics program at the university.
(d)  The fee may not be charged unless approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.
(e)  The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.
(f)  The ballot proposition for an election to approve a proposed initial fee under Subsection (d) or a proposed fee increase under Subsection (e) must:
(1)  clearly state the amount of the proposed fee or fee increase, as applicable; and
(2)  describe the reason for the proposed fee or fee increase, as applicable.
(g)  A fee charged under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be charged each student enrolled at the university under Section 54.503.
SECTION 2.  A fee may not be charged under Section 54.5192, Education Code, as added by this Act, before the 2019 fall semester.
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.

HB 4390 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Capriglione called up with senate amendments for consideration at this time,

HB 4390, A bill to be entitled An Act relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.

Representative Capriglione moved to concur in the senate amendments to HB 4390.

The motion to concur in the senate amendments to HB 4390 prevailed by (Record 1819): 138 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Stickland.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Klick.

Senate Committee Substitute

CSHB 4390, A bill to be entitled An Act relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 521.053, Business & Commerce Code, is amended by amending Subsection (b) and adding Subsection (i) to read as follows:
(b)  A person who conducts business in this state and owns or licenses computerized data that includes sensitive personal information shall disclose any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made without unreasonable delay and in each case not later than the 60th day after the date on which the person determines that the breach occurred [as quickly as possible], except as provided by Subsection (d) or as necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(i)  A person who is required to disclose or provide notification of a breach of system security under this section shall notify the attorney general of that breach not later than the 60th day after the date on which the person determines that the breach occurred if the breach involves at least 250 residents of this state. The notification under this subsection must include:
(1)  a detailed description of the nature and circumstances of the breach or the use of sensitive personal information acquired as a result of the breach;
(2)  the number of residents of this state affected by the breach at the time of notification;
(3)  the measures taken by the person regarding the breach;
(4)  any measures the person intends to take regarding the breach after the notification under this subsection; and
(5)  information regarding whether law enforcement is engaged in investigating the breach.
SECTION 2.  (a) In this section, "council" means the Texas Privacy Protection Advisory Council created under this section.
(b)  The Texas Privacy Protection Advisory Council is created to study data privacy laws in this state, other states, and relevant foreign jurisdictions.
(c)  The council is composed of members who are residents of this state and appointed as follows:
(1)  five members appointed by the speaker of the house of representatives, two of whom must be representatives of an industry listed under Subsection (d) of this section and three of whom must be members of the house of representatives;
(2)  five members appointed by the lieutenant governor, two of whom must be representatives of an industry listed under Subsection (d) of this section and three of whom must be senators; and
(3)  five members appointed by the governor, three of whom must be representatives of an industry listed under Subsection (d) of this section and two of whom must be either:
(A)  a representative of a nonprofit organization that studies or evaluates data privacy laws from the perspective of individuals whose information is collected or processed by businesses; or
(B)  a professor who teaches at a law school in this state or other institution of higher education, as defined by Section 61.003, Education Code, and whose books or scholarly articles on the topic of data privacy have been published.
(d)  For purposes of making appointments of members who represent industries under Subsection (c) of this section, the speaker of the house of representatives, lieutenant governor, and governor shall appoint members from among the following industries and must coordinate their appointments to avoid overlap in representation of the industries:
(1)  medical profession;
(2)  technology;
(3)  Internet;
(4)  retail and electronic transactions;
(5)  consumer banking;
(6)  telecommunications;
(7)  consumer data analytics;
(8)  advertising;
(9)  Internet service providers;
(10)  social media platforms;
(11)  cloud data storage;
(12)  virtual private networks; or
(13)  retail electric.
(e)  The speaker of the house of representatives and the lieutenant governor shall each designate a co-chair from among their respective appointments to the council who are members of the legislature.
(f)  The council shall convene on a regular basis at the joint call of the co-chairs.
(g)  The council shall:
(1)  study and evaluate the laws in this state, other states, and relevant foreign jurisdictions that govern the privacy and protection of information that alone or in conjunction with other information identifies or is linked or reasonably linkable to a specific individual, technological device, or household; and
(2)  make recommendations to the members of the legislature on specific statutory changes regarding the privacy and protection of that information, including changes to Chapter 521, Business & Commerce Code, as amended by this Act, or to the Penal Code, that appear necessary from the results of the council's study under this section.
(h)  Not later than September 1, 2020, the council shall report the council's findings and recommendations to the members of the legislature.
(i)  The Department of Information Resources shall provide administrative support to the council.
(j)  Not later than the 60th day after the effective date of this Act, the speaker of the house of representatives, the lieutenant governor, and the governor shall appoint the members of the council.
(k)  The council is abolished and this section expires December 31, 2020.
SECTION 3.  (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2019.
(b)  Section 521.053, Business & Commerce Code, as amended by this Act, takes effect January 1, 2020.

HB 2978 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Howard called up with senate amendments for consideration at this time,

HB 2978, A bill to be entitled An Act relating to an agreement between the Texas State Library and Archives Commission and the City of Austin regarding an easement across commission property.

Representative Howard moved to concur in the senate amendments to HB 2978.

The motion to concur in the senate amendments to HB 2978 prevailed by (Record 1820): 118 Yeas, 23 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; 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; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Bohac; Bonnen; Cain; Frank; Goldman; Harris; Krause; Landgraf; Lang; Middleton; Noble; Oliverson; Patterson; Paul; Price; Sanford; Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Bell, K.; Farrar.

STATEMENTS OF VOTE

When Record No. 1820 was taken, I was in the house but away from my desk. I would have voted no.

K. Bell

When Record No. 1820 was taken, I was shown voting yes. I intended to vote no.

Miller

Senate Committee Substitute

CSHB 2978, A bill to be entitled An Act relating to granting an easement to the City of Austin.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subject to Subsection (b) of this section, as soon as practicable after the effective date of this Act, the General Land Office on behalf of the State of Texas shall grant to the City of Austin, by an appropriate instrument of conveyance, a permanent easement in the property owned by the State of Texas and described by Subsection (d) of this section.
(b)  Consideration for the easement to be granted under Subsection (a) of this section is the requirement that the City of Austin use the easement primarily to promote a public purpose of the state by using the easement primarily as a sidewalk, trail, and recreation easement and thereby promoting public health and general welfare and providing recreation, beautification, and civic improvement. The easement automatically terminates if the City of Austin:
(1)  uses the easement in a manner that fails to promote a public purpose of the state described by this subsection of this section; or
(2)  sells or transfers all or any part of the easement.
(c)  The City of Austin shall reimburse the General Land Office for the expenses incurred by the General Land Office in connection with granting the easement under this section of this Act.
(d)  The easement referred to in this section is in the property described as follows:
DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME 76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 60d nail found in the north line of that 1.51 acre tract of land conveyed to the City of Austin in a Gift Deed Of Land recorded in Volume 5154, Page 2230, of said Deed Records, same being a corner in the easterly line of THE GROVE AT SHOAL CREEK, according to the map or plat thereof recorded in Document No. 201800146, of the Official Public Records of said County, and the northwest corner of the herein described tract, from which a 1/2 inch iron rod found for the northwest corner of said 1.51 acre tract, bears North 62°26'39" West, a distance of 41.93 feet;
THENCE, North 01°22'52" East (bearing basis), with said easterly line of THE GROVE AT SHOAL CREEK, a distance of 151.80  feet to the northwest corner of the herein described tract, from which a, X mark in rock found for a corner in said easterly line bears, North 01°22'52" East, a distance of 362.51 feet;
THENCE, departing said easterly line and over and across said State of Texas tract the following four (4) courses and distances:
1.  South 85°36'10" East, a distance of 130.18 feet;
2.  South 01°22'52" West, a distance of 149.86 feet to the beginning of a curve to the left;
3.  With said curve to the left, having a radius of 50.00 feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a chord which bears South 30°31'53" East, a distance of 52.86 feet to the end of said curve;
4.  South 62°26'39" East, a distance of 191.49 feet to the northeast corner of the herein described tract, being in the curving west right-of-way line of Shoal Creek Boulevard (80' right-of-way - no dedication found), from which a 1/2 inch iron rod found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK VILLAGE, according to the map or plat thereof recorded in Volume 97, Page 35, of said Plat Records, bears South 83°30'05" East, a distance of 84.97 feet;
THENCE, with said west right-of-way line and with said non-tangent curve to the left, having a radius of 318.41 feet, an arc length of 25.15 feet, a delta angle of 04°31'32", and a chord which bears South 21°25'26" West, a distance of 25.14 feet to the southeast corner of the herein described tract, same being the northeast corner of Lot 5, SHOAL COURTS, according to the map or plat thereof recorded in Volume 6, Page 280, of said Plat Records;
THENCE, North 62°26'39" West, with the north line of said Lot 5, passing a 1/2 inch iron rod found in a concrete retaining wall for the northwest corner of said Lot 5 and the northeast corner of said 1.51 acre tract at a distance of 155.49 (record 155.75) feet and continuing for a total distance of 357.88 feet the POINT OF BEGINNING containing 0.667 of one acre of land within these metes and bounds.
Subject tract described herein is an easement. No monumentation set for corners.
Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK, North 01°22'52" East
SECTION 2. 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 4205 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Craddick called up with senate amendments for consideration at this time,

HB 4205, A bill to be entitled An Act relating to accountability intervention provisions applicable to school district campuses, including the conditions under which a closed campus may be repurposed to serve students at that campus location and the creation of accelerated campus excellence turnaround plans.

Representative Craddick moved to concur in the senate amendments to HB 4205.

The motion to concur in the senate amendments to HB 4205 prevailed by (Record 1821): 117 Yeas, 24 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Nevárez; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Rodriguez; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Dutton; Hernandez; Hinojosa; Howard; Israel; Longoria; Lucio; Neave; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Turner, C.; Vo; Wu.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Thierry.

STATEMENTS OF VOTE

When Record No. 1821 was taken, I was shown voting yes. I intended to vote no.

J. González

When Record No. 1821 was taken, I was shown voting no. I intended to vote yes.

Neave

When Record No. 1821 was taken, I was shown voting no. I intended to vote yes.

Romero

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4205 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in added Section 39A.105(b)(3), Education Code, strike page 2, lines 1 through 7, and substitute the following:
(3)  that at least 60 percent of the classroom teachers assigned to the campus be teachers who demonstrated instructional effectiveness during the previous school year, with instructional effectiveness determined by:
(A)  for a teacher who taught in the district during the previous school year:
(i)  the teacher's impact on student growth as determined using a locally developed value-added model that measures student performance on at least one assessment selected by the district;
(2)  In SECTION 1 of the bill, in added Section 39A.105(b)(3)(B), Education Code (page 2, line 15), strike "quartile" and substitute "half".
(3)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter C, Chapter 39A, Education Code, is amended by adding Section 39A.116 to read as follows:
Sec. 39A.116.  COMMISSIONER AUTHORITY. A decision by the commissioner under this subchapter is final and may not be appealed.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 4205 (senate committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Section 39A.105(b)(5)(D), Education Code (page 2, line 30), strike "and" after the underlined semicolon.
(2)  In SECTION 1 of the bill, following added Section 39A.105(b)(5)(E), Education Code (page 2, between lines 33 and 34), insert the following:
(F)  providing student services before or after the instructional day that improve student performance, which may include tutoring, extracurricular activities, counseling services, and offering breakfast, lunch, and dinner to all students at the campus; and

HB 2856 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Morrison called up with senate amendments for consideration at this time,

HB 2856, A bill to be entitled An Act relating to restrictions under disaster remediation contracts; creating a criminal offense.

Representative Morrison moved to concur in the senate amendments to HB 2856.

The motion to concur in the senate amendments to HB 2856 prevailed by (Record 1822): 135 Yeas, 5 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Lang; 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; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Krause; Shaheen; Tinderholt; Wilson.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar; Larson; Schaefer.

STATEMENT OF VOTE

When Record No. 1822 was taken, I was in the house but away from my desk. I would have voted no.

Schaefer

Senate Committee Substitute

CSHB 2856, A bill to be entitled An Act relating to restrictions under disaster remediation contracts; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 58.001(1) and (2), Business & Commerce Code, are amended to read as follows:
(1)  "Disaster remediation" means the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of existing improvements to real property performed because of damage or destruction to that property caused by a natural disaster.
(2)  "Disaster remediation contractor" means a person who engages in disaster remediation for compensation, other than a person who has a permit, license, registration, or other authorization from the Texas Commission on Environmental Quality for the collection, transportation, treatment, storage, processing, or disposal of solid waste, but does not include an entity approved by the Internal Revenue Service as tax exempt under Section 501(c)(3), Internal Revenue Code of 1986.
SECTION 2.  Section 58.004, Business & Commerce Code, is amended to read as follows:
Sec. 58.004.  PENALTIES [DECEPTIVE TRADE PRACTICE]. (a) A violation of this chapter by a disaster remediation contractor is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is available for a violation of this chapter.
(b)  A disaster remediation contractor who violates Section 58.003(b)(1) or (2) commits an offense. An offense under this section is:
(1)  a Class B misdemeanor if the offense was committed without the intent to defraud the person contracting for disaster remediation services; or
(2)  a felony of the third degree if the offense was committed with the intent to defraud the person contracting for disaster remediation services.
(c)  It is a defense to prosecution under this section if the disaster remediation contractor refunds any payment made in violation of Section 58.003(b)(1) or (2) not later than the 15th day following the receipt of a written demand alleging a violation of Section 58.003(b)(1) or (2) sent by certified mail to the disaster remediation contractor's last known business address or the address of the disaster remediation contractor's registered agent.
SECTION 3.  The changes in law made by this Act apply only to a disaster remediation contract entered into on or after the effective date of this Act. A disaster remediation contract entered into before the effective date of this Act is governed by the law in effect when the contract was entered into, and the former law is continued in effect for that purpose.
SECTION 4.  This Act takes effect September 1, 2019.

HB 4032 - MOTION TO CONCUR IN SENATE AMENDMENTS

Representative Guillen called up with senate amendments for consideration at this time,

HB 4032, A bill to be entitled An Act relating to the permitting and taxation of certain boats and boat motors; imposing a fee.

Representative Guillen moved to concur in the senate amendments to HB 4032.

The motion to concur in the senate amendments to HB 4032 was lost by (Record 1823): 68 Yeas, 74 Nays, 2 Present, not voting. (The vote was reconsidered later today, and the motion to concur in the senate amendments to HB 4032 prevailed by Record No. 1925.)

Yeas — Allen; Allison; Anderson; Bohac; Bonnen; Buckley; Burrows; Button; Calanni; Coleman; Collier; Cyrier; Davis, Y.; Deshotel; Fierro; Frank; Geren; Goldman; González, J.; González, M.; Guerra; Guillen; Gutierrez; Harless; Harris; Herrero; Holland; Huberty; Hunter; Kacal; King, T.; Kuempel; Lambert; Lang; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Miller; Morales; Morrison; Murphy; Neave; Noble; Paul; Phelan; Ramos; Raney; Raymond; Rodriguez; Sanford; Shaheen; Sheffield; Shine; Smith; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, J.; VanDeaver; Walle; Wray.

Nays — Anchia; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Bucy; Burns; Cain; Canales; Capriglione; Clardy; Cortez; Craddick; Dean; Dominguez; Dutton; Flynn; Frullo; Gervin-Hawkins; Goodwin; Hefner; Hernandez; Hinojosa; Howard; Israel; Johnson, J.E.; King, K.; King, P.; Klick; Krause; Landgraf; Larson; Longoria; Lucio; Metcalf; Minjarez; Muñoz; Murr; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Perez; Price; Reynolds; Romero; Rose; Rosenthal; Schaefer; Sherman; Smithee; Stickland; Stucky; Swanson; Talarico; Thierry; Tinderholt; Toth; Turner, C.; Vo; White; Wilson; Wu; Zedler; Zerwas; Zwiener.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

STATEMENTS OF VOTE

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Anderson

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Bohac

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Geren

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

J. González

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Martinez

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Martinez Fischer

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Morales

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Neave

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Ramos

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Rodriguez

When Record No. 1823 was taken, I was shown voting yes. I intended to vote no.

Shine

HB 4032 - NOTICE GIVEN

At 4:23 p.m., pursuant to the provisions of Rule 7, Section 37(c), of the House Rules, Representative P. King gave notice that he would, in one hour, move to reconsider the vote by which the motion to concur in the senate amendments to HB 4032 was lost by Record No. 1823.

HB 3703 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Klick called up with senate amendments for consideration at this time,

HB 3703, A bill to be entitled An Act relating to the dispensing, administration, and use of low-THC cannabis; authorizing low-THC cannabis research; authorizing a fee.

Representative Klick moved to concur in the senate amendments to HB 3703.

The motion to concur in the senate amendments to HB 3703 prevailed by (Record 1824): 136 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.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; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Craddick; Flynn; Noble; Paul; Smithee.

Present, not voting — Mr. Speaker.

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Dean; Farrar; Vo.

Senate Committee Substitute

CSHB 3703, A bill to be entitled An Act relating to the prescription of low-THC cannabis for medical use by certain qualified physicians to patients with certain medical conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 169.001, Occupations Code, is amended by adding Subdivisions (1-a) and (6) and amending Subdivision (3) to read as follows:
(1-a)  "Incurable neurodegenerative disease" means a disease designated as an incurable neurodegenerative disease by rule of the executive commissioner of the Health and Human Services Commission, adopted in consultation with the National Institutes of Health.
(3)  "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains[:
[(A)] not more than 0.5 percent by weight of tetrahydrocannabinols[; and
[(B)     not less than 10   percent by weight of cannabidiol].
(6)  "Terminal cancer" means cancer that meets the criteria for a terminal illness, as defined by Section 1003.051, Health and Safety Code.
SECTION 2.  Chapter 169, Occupations Code, is amended by adding Section 169.0011 and amending Sections 169.002, 169.003, and 169.004 to read as follows:
Sec. 169.0011.  PRESCRIPTION FOR MEDICAL USE. A reference in this chapter, Chapter 487, Health and Safety Code, or other law to a prescription for medical use or a prescription for low-THC cannabis means an entry in the compassionate-use registry established under Section 487.054, Health and Safety Code.
Sec. 169.002.  PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a) Only a physician qualified with respect to a patient's particular medical condition as provided by this section may prescribe low-THC cannabis in accordance with this chapter to treat the applicable medical condition.
(b)  A physician is qualified to prescribe low-THC cannabis with respect to a patient's particular medical condition [to a patient with intractable epilepsy] if the physician:
(1)  is licensed under this subtitle;
(2)  is board certified in a medical specialty relevant to the treatment of the patient's particular medical condition by a specialty board approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; and
(3)  dedicates a significant portion of clinical practice to the evaluation and treatment of the patient's particular medical condition [epilepsy; and
[(3)     is certified:
[(A)     by the American Board of Psychiatry and Neurology in:
[(i)     epilepsy; or
[(ii)     neurology or neurology with special qualification in child neurology and is otherwise qualified for the examination for certification in epilepsy; or
[(B)     in neurophysiology by:
[(i)     the American Board of Psychiatry and Neurology; or
[(ii)     the American Board of Clinical Neurophysiology].
Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS.  A physician described by Section 169.002 may prescribe low-THC cannabis to a patient [alleviate a patient's seizures] if:
(1)  the patient is a permanent resident of the state;
(2)  the physician complies with the registration requirements of Section 169.004; and
(3)  the physician certifies to the department that:
(A)  the patient is diagnosed with:
(i)  [intractable] epilepsy;
(ii)  a seizure disorder;
(iii)  multiple sclerosis;
(iv)  spasticity;
(v)  amyotrophic lateral sclerosis;
(vi)  autism;
(vii)  terminal cancer; or
(viii)  an incurable neurodegenerative disease; and
(B)  the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient[; and
[(C)     a second physician qualified to prescribe low-THC cannabis under Section 169.002   has concurred with the determination under Paragraph (B), and the second physician's concurrence is recorded in the patient's medical record].
Sec. 169.004.  LOW-THC CANNABIS PRESCRIBER REGISTRATION. (a)  Before a physician qualified to prescribe low-THC cannabis under Section 169.002 may prescribe or renew a prescription for low-THC cannabis for a patient under this chapter, the physician must register as the prescriber for that patient in the compassionate-use registry maintained by the department under Section 487.054, Health and Safety Code. The physician's registration must indicate:
(1)  the physician's name;
(2)  the patient's name and date of birth;
(3)  the dosage prescribed to the patient;
(4)  the means of administration ordered for the patient; and
(5)  the total amount of low-THC cannabis required to fill the patient's prescription.
(b)  The department may not publish the name of a physician registered under this section unless permission is expressly granted by the physician.
SECTION 3.  Section 169.001(2), Occupations Code, is repealed.
SECTION 4.  Not later than December 1, 2019, the executive commissioner of the Health and Human Services Commission, in consultation with the National Institutes of Health, shall adopt rules designating diseases as incurable neurodegenerative diseases for which patients may be prescribed low-THC cannabis for medical use under Chapter 169, Occupations Code, as amended by this Act.
SECTION 5.  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 4258 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Murphy called up with senate amendments for consideration at this time,

HB 4258, A bill to be entitled An Act relating to approval by the attorney general of certain bonds financing an educational facility for certain charter schools.

Representative Murphy moved to concur in the senate amendments to HB 4258.

The motion to concur in the senate amendments to HB 4258 prevailed by (Record 1825): 124 Yeas, 15 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas.

Nays — Anchia; Blanco; Collier; González, J.; Hernandez; Hinojosa; Howard; Longoria; Lucio; Ortega; Ramos; Rose; Turner, C.; Wu; Zwiener.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Bailes; Farrar; Oliverson; Sheffield.

STATEMENTS OF VOTE

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Beckley

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Bernal

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Calanni

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Goodwin

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Israel

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Morales

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Pacheco

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

Rosenthal

When Record No. 1825 was taken, I was shown voting yes. I intended to vote no.

J. Turner

When Record No. 1825 was taken, I was shown voting no. I intended to vote yes.

Wu

Senate Committee Substitute

CSHB 4258, A bill to be entitled An Act relating to review and approval by the attorney general of certain bonds financing an educational facility for certain charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 53.40, Education Code, is amended by adding Subsection (c) to read as follows:
(c)  The attorney general has sole authority to review the record of public notice and hearings relating to any bond financing an educational facility for an authorized charter school, and the attorney general may issue an approval as required by Section 147(f), Internal Revenue Code of 1986.
SECTION 2.  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 2536 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Oliverson called up with senate amendments for consideration at this time,

HB 2536, A bill to be entitled An Act relating to transparency related to drug costs.

Representative Oliverson moved to concur in the senate amendments to HB 2536.

The motion to concur in the senate amendments to HB 2536 prevailed by (Record 1826): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

STATEMENT OF VOTE

When Record No. 1826 was taken, I was shown voting yes. I intended to vote no.

Hinojosa

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2536 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code (page 1, line 63), strike "five calendar years or 10" and substitute "three calendar years or 15".
(2)  In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code (page 2, line 1), strike "12 months" and substitute "calendar year".
(3)  In SECTION 1 of the bill, in added Section 441.0002(c)(5), Health and Safety Code (page 2, line 15), strike "five" and substitute "three".
(4)  In SECTION 1 of the bill, in added Section 441.0002(c)(6), Health and Safety Code (page 2, line 18), strike "five" and substitute "three".
(5)  In SECTION 1 of the bill, in added Section 441.0002(c)(6), Health and Safety Code (page 2, line 18), immediately following "calendar years;", insert "and".
(6)  In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code, strike Subdivisions (7), (8), and (9) (page 2, lines 19-26) and substitute the following:
(7)  a statement regarding the factor or factors that caused the increase in the wholesale acquisition cost and an explanation of the role of each factor's impact on the cost.
(7)  In SECTION 2 of the bill, in added Section 1369.502, Insurance Code (page 3, between lines 23 and 24), between Subsections (a) and (b), insert the following:
(a-1)  Notwithstanding Subsection (a), the report due not later than February 1, 2020, under that subsection must state the required information for the immediately preceding three calendar years in addition to stating the required information for the preceding calendar year. This subsection expires September 1, 2021.
(8)  In SECTION 2 of the bill, in added Section 1369.502, Insurance Code, strike Subsection (c) (page 3, lines 30-32) and substitute the following:
(c)  Not later than May 1 of each year, the commissioner shall publish the aggregated data from all reports for that year required by this section in an appropriate location on the department's Internet website. The combined aggregated data from the reports must be published in a manner that does not disclose or tend to disclose proprietary or confidential information of any pharmacy benefit manager.
(9)  In SECTION 2 of the bill, in added Section 1369.503, Insurance Code, strike Subsection (c) (page 3, lines 51-53) and substitute the following:
(c)  Not later than May 1 of each year, the commissioner shall publish the aggregated data from all reports for that year required by this section in an appropriate location on the department's Internet website. The combined aggregated data from the reports must be published in a manner that does not disclose or tend to disclose proprietary or confidential information of any health benefit plan issuer.

HB 2210 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative K. Bell called up with senate amendments for consideration at this time,

HB 2210, A bill to be entitled An Act relating to the consideration for public school accountability purposes of certain students receiving residential services in state hospitals.

Representative K. Bell moved to concur in the senate amendments to HB 2210.

The motion to concur in the senate amendments to HB 2210 prevailed by (Record 1827): 140 Yeas, 2 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; 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; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Hinojosa; Toth.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2210 (senate committee printing) as follows:
(1)  In SECTION 1 of the bill, strike added Section 39.0552 (page 1, lines 28 through 34), and substitute the following:
Sec. 39.0552.  MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT AND STATE HOSPITAL FOR ACCOUNTABILITY PURPOSES. A memorandum of understanding between a school district and a state hospital under which the district provides educational services to a student who resides in the state hospital must provide that the school district include the performance of the student on an assessment instrument or other achievement indicator adopted under Section 39.053 or a reporting indicator adopted under Section 39.301 in determining the performance of that school district.
(2)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  This Act applies to a memorandum of understanding entered into between a school district and a state hospital before, on, or after the effective date of this Act. A memorandum of understanding entered into before the effective date of this Act must be amended as soon as practicable after the effective date of this Act.

HB 2041 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Oliverson called up with senate amendments for consideration at this time,

HB 2041, A bill to be entitled An Act relating to the regulation of freestanding emergency medical care facilities.

Representative Oliverson moved to concur in the senate amendments to HB 2041.

The motion to concur in the senate amendments to HB 2041 prevailed by (Record 1828): 141 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2041 (senate committee report) as follows:
(1)  In SECTION 6 of the bill, immediately following added Section 254.156(i), Health and Safety Code (page 3, between lines 51 and 52), insert the following:
(j)  A facility's failure to obtain the signed disclosure statement required by this section from the patient or the patient's legally authorized representative may not be a determining factor in the adjudication of liability for health care services provided to the patient at the facility.
(2)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ___.  The Health and Human Services Commission and the Department of State Health Services are required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission and department may, but are not required to, implement a provision of this Act using other appropriations available for that purpose.

HB 1869 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Klick called up with senate amendments for consideration at this time,

HB 1869, A bill to be entitled An Act relating to the composition of the Governor's EMS and Trauma Advisory Council.

Representative Klick moved to concur in the senate amendments to HB 1869.

The motion to concur in the senate amendments to HB 1869 prevailed by (Record 1829): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Farrar.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1869 (senate committee printing) as follows:
(1)  In SECTION 1 of the bill, in amended Section 773.012(b), Health and Safety Code (page 1, line 25), strike "17" and substitute "19".
(2)  In SECTION 1 of the bill, in amended Section 773.012(b), Health and Safety Code (page 1, line 25), add the following appropriately numbered subdivisions to that section and renumber subsequent subdivisions accordingly:
(____) a representative of a stand-alone emergency medical services agency in a municipality or taxing district, appointed from a list of names recommended by a statewide association representing emergency medical services agencies;
(____) a certified paramedic, appointed from a list of names recommended by a statewide association representing emergency medical services agencies or emergency medical services personnel;
(3)  In SECTION 2 of the bill, in amended Section 773.012(f), Health and Safety Code (page 2, line 14), strike "five or six" and substitute "six or seven [five]".

HB 1025 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Bohac called up with senate amendments for consideration at this time,

HB 1025, A bill to be entitled An Act relating to candidacy for and membership on the board of certain property owners' associations.

Representative Bohac moved to concur in the senate amendments to HB 1025.

The motion to concur in the senate amendments to HB 1025 prevailed by (Record 1830): 134 Yeas, 7 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; 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; 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; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Dean; Lang; Reynolds; Stickland; Tinderholt; Wilson.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Nevárez; Vo.

STATEMENT OF VOTE

When Record No. 1830 was taken, I was shown voting yes. I intended to vote no.

Schaefer

Senate Committee Substitute

CSHB 1025, A bill to be entitled An Act relating to membership on and the eligibility of certain persons to serve on the board of certain property owners' associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 209.00591, Property Code, is amended by adding Subsections (a-2) and (a-3) to read as follows:
(a-2)  Notwithstanding any other provision of this chapter, a property owners' association that governs a subdivision comprised of multiple sections may designate in an association instrument governing the administration or operation of the association a specified number of positions on the board, each of which must be elected from a designated section of the subdivision. The instrument may require each board member representing a section to reside in that section.
(a-3)  A person may not serve on the board of a property owners' association if the person cohabits at the same primary residence with another board member of the association. This subsection does not apply:
(1)  to an association with fewer than 10 residences; or
(2)  during a subdivision's development period to affect the eligibility to serve on the board of:
(A)  a person who cohabits with a developer of the subdivision regulated by the association; or
(B)  the developer.
SECTION 2.  Section 209.00591(a-3), Property Code, as added by this Act:
(1)  does not affect the entitlement of a member serving on the board of a property owners' association immediately before the effective date of this Act to continue to carry out the board's functions for the remainder of the member's term; and
(2)  applies only to a member elected on or after the effective date of this Act.
SECTION 3.  (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2019.
(b)  Section 209.00591(a-3), Property Code, as added 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 209.00591(a-3), Property Code, as added by this Act, takes effect September 1, 2019.

HB 1078 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Oliverson called up with senate amendments for consideration at this time,

HB 1078, A bill to be entitled An Act relating to waiving certain driver's license and handgun license fees for certain applicants who hold a certification in cardiopulmonary resuscitation.

Representative Oliverson moved to concur in the senate amendments to HB 1078.

The motion to concur in the senate amendments to HB 1078 prevailed by (Record 1831): 135 Yeas, 6 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; 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; 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; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Collier; González, J.; Meza; Ramos; Rose; Stickland.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Vo.

STATEMENT OF VOTE

When Record No. 1831 was taken, I was shown voting present, not voting. I intended to vote yes.

Toth

Senate Committee Substitute

CSHB 1078, A bill to be entitled An Act relating to waiving certain driver's license and handgun license fees for certain applicants who hold a certification in cardiopulmonary resuscitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.1954 to read as follows:
Sec. 411.1954.  WAIVER OF CERTAIN FEES FOR CERTAIN APPLICANTS WHO HOLD CARDIOPULMONARY RESUSCITATION CERTIFICATION. (a) Notwithstanding any other provision of this subchapter, the department shall waive any fee required for the issuance of an original or renewed license under this subchapter if at the time of the application the applicant for the license submits to the department satisfactory evidence that the applicant:
(1)  holds a current certification in cardiopulmonary resuscitation issued by the American Heart Association, the American Red Cross, or another nationally recognized association; and
(2)  is not required to hold the certification described by Subdivision (1) as a condition of obtaining or maintaining employment or an occupational license.
(b)  For purposes of Subsection (a)(2), "occupational license" means a license, certificate, registration, permit, or other form of authorization that a person must obtain to practice or engage in a particular business, occupation, or profession.
SECTION 2.  Subchapter I, Chapter 521, Transportation Code, is amended by adding Section 521.1812 to read as follows:
Sec. 521.1812.  WAIVER OF CERTAIN FEES FOR CERTAIN APPLICANTS WHO HOLD CARDIOPULMONARY RESUSCITATION CERTIFICATION. (a) A person is exempt from the payment of any fee for the issuance of an original or renewal driver's license, as provided under this chapter, if at the time of the application for an original or renewal driver's license the person submits to the department satisfactory evidence that the person:
(1)  holds a current certification in cardiopulmonary resuscitation issued by the American Heart Association, the American Red Cross, or another nationally recognized association; and
(2)  is not required to hold the certification described by Subdivision (1) as a condition of obtaining or maintaining employment or an occupational license.
(b)  For purposes of Subsection (a)(2), "occupational license" means a license, certificate, registration, permit, or other form of authorization that a person must obtain to practice or engage in a particular business, occupation, or profession.
(c)  The department shall establish a record of the amount of the fees waived under this section that would otherwise be deposited to the credit of the Texas mobility fund.
(d)  On or before the fifth workday of each month, the department, using available funds, shall remit to the comptroller for deposit to the credit of the Texas mobility fund general revenue in an amount equal to the amount of the fees described by Subsection (c) in the preceding month.
SECTION 3.  (a) Section 411.1954, Government Code, as added by this Act, applies only to an application for an original or renewed license to carry a handgun submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.
(b)  Section 521.1812, Transportation Code, as added by this Act, applies only to an application for an original or renewal driver's license submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.
SECTION 4.  The Department of Public Safety of the State of Texas is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the Department of Public Safety of the State of Texas may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 5.  This Act takes effect September 1, 2019.

HB 1063 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Price called up with senate amendments for consideration at this time,

HB 1063, A bill to be entitled An Act relating to telemedicine medical, telehealth, and home telemonitoring services under Medicaid.

Representative Price moved to concur in the senate amendments to HB 1063.

The motion to concur in the senate amendments to HB 1063 prevailed by (Record 1832): 142 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; 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 — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Senate Committee Substitute

CSHB 1063, A bill to be entitled An Act relating to telemedicine medical, telehealth, and home telemonitoring services under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  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 2.  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 3.  Section 531.02176, Government Code, is repealed.
SECTION 4.  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.
SECTION 5.  If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 6.  The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 7.  This Act takes effect September 1, 2019.

HB 1495 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Toth called up with senate amendments for consideration at this time,

HB 1495, A bill to be entitled An Act relating to authorization for the creation of a county ethics commission in certain counties and to authorizing counties to adopt a code of ethics for their commissioners courts.

Representative Toth 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 1495.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 1495: Toth, chair; Bohac, Gutierrez, Middleton, and Noble.

HB 170 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Bernal called up with senate amendments for consideration at this time,

HB 170, A bill to be entitled An Act relating to coverage for mammography under certain health benefit plans.

Representative Bernal moved to concur in the senate amendments to HB 170.

The motion to concur in the senate amendments to HB 170 prevailed by (Record 1833): 128 Yeas, 13 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; 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; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Buckley; Cain; Dean; Harris; Lang; Oliverson; Patterson; Schaefer; Shaheen; Springer; Toth; Wilson; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Davis, Y.; Middleton.

STATEMENT OF VOTE

When Record No. 1833 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

Senate Committee Substitute

CSHB 170, A bill to be entitled An Act relating to coverage for mammography under certain health benefit plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 1356.001, Insurance Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Diagnostic mammogram" means an imaging examination designed to evaluate:
(A)  a subjective or objective abnormality detected by a physician in a breast;
(B)  an abnormality seen by a physician on a screening mammogram;
(C)  an abnormality previously identified by a physician as probably benign in a breast for which follow-up imaging is recommended by a physician; or
(D)  an individual with a personal history of breast cancer.
SECTION 2.  Section 1356.002, Insurance Code, is amended by amending Subsection (g) and adding Subsection (i) to read as follows:
(g)  Notwithstanding any provision in Chapter 1551, 1575, 1579, or 1601 or any other law, this chapter applies to:
(1)  a basic coverage plan under Chapter 1551;
(2)  a basic plan under Chapter 1575;
(3)  a primary care coverage plan under Chapter 1579; and
(4)  basic coverage under Chapter 1601.
(i)  To the extent allowed by federal law, this chapter applies to:
(1)  the state Medicaid program operated under Chapter 32, Human Resources Code; and
(2)  a Medicaid managed care program operated under Chapter 533, Government Code.
SECTION 3.  Section 1356.005, Insurance Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)  A health benefit plan that provides coverage for a screening mammogram must provide coverage for a diagnostic mammogram that is no less favorable than the coverage for a screening mammogram.
SECTION 4.  Section 1356.0021, Insurance Code, is repealed.
SECTION 5.  If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 6.  This Act applies only to a health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 2020. A health benefit plan that is delivered, issued for delivery, or renewed before January 1, 2020, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 7.  This Act takes effect September 1, 2019.

HB 3285 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Sheffield called up with senate amendments for consideration at this time,

HB 3285, A bill to be entitled An Act relating to programs and initiatives to prevent and respond to opioid addiction, misuse, abuse, and overdose and identify and treat co-occurring substance use disorders and mental illness.

Representative Sheffield moved to concur in the senate amendments to HB 3285.

The motion to concur in the senate amendments to HB 3285 prevailed by (Record 1834): 124 Yeas, 18 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; 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; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Cyrier; Harris; Hefner; Krause; Lang; Metcalf; Middleton; Patterson; Sanford; Schaefer; Shaheen; Swanson; Tinderholt; Toth; Wilson; Zedler.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Vo.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3285 (senate committee report) as follows:
(1)  In SECTION 5 of the bill, in added Section 461A.058, Health and Safety Code (page 2, line 38) strike "implement" and substitute "operate".
(2)  In SECTION 5 of the bill, in added Section 461A.059, Health and Safety Code (page 2, line 51) strike "establish" and substitute "operate".
(3)  In SECTION 11 of the bill (page 4, line 18), between "SECTION 11." and "Not", insert "(a)".
(4)  In SECTION 11 of the bill (page 4, between lines 24 and 25), insert the following:
(b)  Notwithstanding Subsection (a) of this section, if an opioid misuse public awareness campaign described by Section 461.058, Health and Safety Code, as added by this Act, is already in operation as of the effective date of this Act, the Health and Human Services Commission and the Department of State Health Services may continue to operate that public awareness campaign to satisfy the requirements of that section.
(c)  Notwithstanding Subsection (a) of this section, if an opioid antagonist program described by Section 461A.059, Health and Safety Code, as added by this Act, is already in operation as of the effective date of this Act, the Health and Human Services Commission may continue to operate that program to satisfy the requirements of that section.
(5)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  A state agency 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 state agency may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 3285 (senate committee printing) by inserting the following appropriately numbered sections and renumbering the remaining sections accordingly:
SECTION ____. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9362 to read as follows:
Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL ADVISORS AND STUDENT ORGANIZATION OFFICERS.  (a)  In this section:
(1)  "Public or private institution of higher education" includes an "institution of higher education" and a "private or independent institution of higher education" as those terms are defined by Section 61.003.
(2)  "Residential advisor" means a student who is employed by a public or private institution of higher education to serve in an advisory capacity for students living in a residential facility.
(3)  "Residential facility" means a residence used exclusively for housing or boarding students or faculty of a public or private institution of higher education.
(4)  "Student organization" includes any organization that is composed mostly of students enrolled at a public or private institution of higher education and that:
(A)  is registered with the institution;
(B)  receives student organization resource fee revenues or other funding from the institution; or
(C)  is otherwise recognized as a student organization by the institution.
(b)  A public or private institution of higher education that imposes any mandatory training requirements on residential advisors or officers of student organizations must ensure that overdose awareness and appropriate response training is included with that training.
SECTION ____. Section 51.9362, Education Code, as added by this Act applies beginning with training required for the 2019-2020 academic year.

HB 3231 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Clardy called up with senate amendments for consideration at this time,

HB 3231, A bill to be entitled An Act relating to the regulation of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories by a county or municipality.

Representative Clardy moved to concur in the senate amendments to HB 3231.

The motion to concur in the senate amendments to HB 3231 prevailed by (Record 1835): 104 Yeas, 37 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Canales; Capriglione; Clardy; Coleman; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Flynn; Frank; Frullo; Geren; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Rodriguez; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Tinderholt; Toth; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas.

Nays — Anchia; Bailes; Beckley; Blanco; Bowers; Bucy; Calanni; Collier; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Gutierrez; Hernandez; Hinojosa; Howard; Israel; Longoria; Lucio; Minjarez; Morales; Neave; Nevárez; Ortega; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thompson, S.; Turner, C.; Turner, J.; Wu; Zwiener.

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

Absent, Excused — Cole; Darby; Davis, S.; Johnson, E.; Johnson, J.D.

Absent — Bernal; Button.

STATEMENTS OF VOTE

When Record No. 1835 was taken, I was shown voting no. I intended to vote yes.

Bailes

When Record No. 1835 was taken, I was shown voting yes. I intended to vote no.

J.E. Johnson

When Record No. 1835 was taken, I was shown voting yes. I intended to vote no.

Lopez

Senate Committee Substitute

CSHB 3231, A bill to be entitled An Act relating to the regulation of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories by a county or municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 229.001, Local Government Code, is amended by amending Subsections (a), (b), (d), (e), and (f) and adding Subsections (a-1), (b-1), and (d-1) to read as follows:
(a)  Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
(1)  the transfer, possession, wearing, carrying, [private] ownership, storage [keeping], transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; [or]
(2)  commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or
(3)  the discharge of a firearm or air gun at a sport shooting range.
(a-1)  An ordinance, resolution, rule, or policy adopted or enforced by a municipality, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a municipality in violation of this section is void.
(b)  Subsection (a) does not affect the authority a municipality has under another law to:
(1)  require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2)  regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
(3)  except as provided by Subsection (b-1), adopt or enforce a generally applicable zoning ordinance, land use regulation, fire code, or business ordinance [regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection];
(4)  regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5)  regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
(6)  regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
(A)  public park;
(B)  public meeting of a municipality, county, or other governmental body;
(C)  political rally, parade, or official political meeting; or
(D)  nonfirearms-related school, college, or professional athletic event;
(7)  regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, in accordance with Section 411.209, Government Code;
(8)  regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; [or]
(9) [(8)]  regulate the carrying of an air gun by a minor on:
(A)  public property; or
(B)  private property without consent of the property owner; or
(10)  except as provided by Subsection (d-1), regulate or prohibit an employee's carrying or possession of a firearm, firearm accessory, or ammunition in the course of the employee's official duties.
(b-1)  The exception provided by Subsection (b)(3) does not apply if the ordinance or regulation is designed or enforced to effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state.
(d)  The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, [or] ammunition, or firearm or air gun supplies or accessories from an individual who is lawfully carrying or possessing the firearm, air gun, knife, [or] ammunition, or firearm or air gun supplies or accessories.
(d-1)  The exception provided by Subsection (b)(10) does not authorize a municipality to regulate an employee's carrying or possession of a firearm in violation of Subchapter G, Chapter 52, Labor Code.
(e)  In this section:
(1)  "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
(2)  "Ammunition" means fixed cartridge ammunition, shotgun shells, individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms, or any propellant used in firearms or ammunition.
(3)  "Firearm or air gun accessory" means a device specifically designed or adapted to:
(A)  enable the wearing or carrying by a person, or the storage or mounting in or on a conveyance, of a firearm or air gun; or
(B)  be inserted into or affixed to a firearm or air gun to enable, alter, or improve the functioning or capabilities of the firearm.
(4)  "Knife" has the meaning assigned by Section 46.01, Penal Code.
(5) [(3)]  "Sport shooting range" has the meaning assigned by Section 250.001.
(f)  The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a municipality adopting a regulation in violation of this section. The attorney general may recover reasonable expenses incurred in obtaining an injunction under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
SECTION 2.  Section 236.001(1), Local Government Code, is amended to read as follows:
(1)  "Air gun," "ammunition," and "firearm or air gun accessory" have the meanings [gun" has the meaning] assigned by Section 229.001.
SECTION 3.  Section 236.002, Local Government Code, is amended to read as follows:
Sec. 236.002.  FIREARMS; AIR GUNS; SPORT SHOOTING RANGE. (a) Notwithstanding any other law, including Chapter 251, Agriculture Code, a county may not adopt or enforce regulations relating to:
(1)  the transfer, possession, wearing, carrying, [private] ownership, storage [keeping], transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; [or]
(2)  commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or
(3)  the discharge of a firearm or air gun at a sport shooting range.
(b)  An ordinance, rule, resolution, or policy adopted or enforced by a county, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a county in violation of this section is void.
(c)  Subsection (a) does not affect the authority of a county to:
(1)  require a resident or public employee to be armed for personal or national defense, law enforcement, or other purpose under other law;
(2)  regulate the discharge of firearms or air guns in accordance with Section 235.022;
(3)  regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, in accordance with Section 411.209, Government Code;
(4)  except as provided by Subsection (d), adopt or enforce a generally applicable land use regulation, fire code, or business regulation; or
(5)  except as provided by Subsection (e), regulate or prohibit an employee's carrying or possession of a firearm, firearm accessory, or ammunition in the course of the employee's official duties.
(d)  A county order or regulation designed or enforced to effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state is void.
(e)  Subsection (c)(5) does not authorize a county to regulate an employee's carrying or possession of a firearm in violation of Subchapter G, Chapter 52, Labor Code.
(f)  The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a county adopting a regulation, other than a regulation under Section 236.003, in violation of this section. The attorney general may recover reasonable expenses incurred in obtaining an injunction under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
SECTION 4.  This Act takes effect September 1, 2019.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 3231 (committee printing) on page 3 between lines 10 and 11 by adding subsection (g) as follows:
(g)  This section does not limit the enforceability of any state or federal law.

HB 2195 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

R