TWENTY-FIRST DAY --- THURSDAY, APRIL 8, 2021

The house met at 10:11 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 105).

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

The invocation was offered by Representative Slawson as follows:

O Lord, my God, when I in awesome wonder consider all the worlds thy hands have made, I thank you for the blessing of living in the great State of Texas. Thank you, Father, for the privilege of serving your people. I pray your favor over our state, our nation, our families, and each and every one of us. I pray you'll fill this body with wisdom, discernment, and your amazing, unfailing grace. I pray you'll plant our feet in truth, season our speech with salt, and that above all else, that in all we do will be worthy reflections of your love for all.

Forgive me, Lord, where I fail you. Sometimes I'm in the 99, but Lord, I thank you for your relentless chase when I'm the one. It's through the merciful gift of your son, Jesus, that on this beautiful day of your creation, my soul stands here singing: My savior God to thee, how great thou art, how great thou art. And all God's people said, amen.

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

Representative K. Bell moved to suspend the five-day posting rule to allow the Committee on Criminal Jurisprudence to consider HB 2301 at 1 p.m. or upon final adjournment or recess or bill referral, if permission granted, Monday, April 12 in E2.010.

The motion prevailed.

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

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

HB 868, A bill to be entitled An Act relating to the jury charge and jury findings in a suit affecting the parent-child relationship.

HB 868 was passed by (Record 106): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Hefner; Shaheen; White.

When Record No. 106 was taken, I was in the house but away from my desk. I would have voted yes.

Shaheen

When Record No. 106 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

HB 1082, A bill to be entitled An Act relating to the availability of personal information of an elected public officer.

HB 1082 was passed by (Record 107): 142 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Bell, C.; Landgraf; Metcalf; Middleton; Murr; Toth.

Present, not voting — Mr. Speaker(C).

Absent — Gates.

When Record No. 107 was taken, I was shown voting yes. I intended to vote no.

Wilson

HB 2343, A bill to be entitled An Act relating to the purchase of food and beverages by the Department of Public Safety for certain persons.

HB 2343 was passed by (Record 108): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Deshotel.

HB 686, A bill to be entitled An Act relating to the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.

HB 686 was passed by (Record 109): 110 Yeas, 39 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Beckley; Bernal; Biedermann; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Cole; Coleman; Collier; Cook; Cortez; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Shaheen; Sherman; Shine; Slaton; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vasut; Vo; Walle; White; Wu; Zwiener.

Nays — Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Capriglione; Cason; Clardy; Craddick; Darby; Ellzey; Frullo; Gates; Goldman; Harris; Hefner; Holland; Lambert; Landgraf; Leman; Metcalf; Murr; Oliverson; Patterson; Paul; Price; Schaefer; Schofield; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Wilson.

Present, not voting — Mr. Speaker(C).

When Record No. 109 was taken, I was shown voting no. I intended to vote yes.

Cason

When Record No. 109 was taken, I was shown voting no. I intended to vote yes.

Darby

Representative Parker submitted the following reason for vote to be printed in the journal:

I believe in justice and I'm particularly focused on the harm caused by violent criminals. The correctional system in Texas serves a valuable purpose in keeping dangerous persons off the street, but after 20 years, a person can change. This bill would simply allow inmates who offended before they turned 18 the opportunity to go before a parole board and require parole boards to give consideration to an inmate's age at the time of the offense.

For some people, the crime committed is so heinous, so unforgivable that these inmates have no place in civilized society and this bill does not apply to offenders serving time for capital felonies. Additionally, this parole process already occurs automatically for those convicted as adults; it is only fair that we provide the same opportunity for those that were under 18 when they originally offended. The majority of those offered parole do not reoffend and recidivism rates remain low. I am confident in my vote for this bill.

HB 1118, A bill to be entitled An Act relating to state agency and local government compliance with cybersecurity training requirements.

HB 1118 was passed by (Record 110): 149 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

HB 785, A bill to be entitled An Act relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques.

HB 785 was passed by (Record 111): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Metcalf.

When Record No. 111 was taken, I was in the house but away from my desk. I would have voted yes.

Metcalf

HB 690, A bill to be entitled An Act relating to training requirements for a member of the board of trustees of an independent school district.

HB 690 was passed by (Record 112): 144 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Canales; Cason; Swanson; Tinderholt; White.

Present, not voting — Mr. Speaker(C).

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Slaton

HB 738, A bill to be entitled An Act relating to the residential and commercial building codes of municipalities.

HB 738 was passed by (Record 113): 143 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Cason; Collier; Schaefer; Sherman; Slaton.

Present, not voting — Mr. Speaker(C).

Absent — Martinez Fischer.

When Record No. 113 was taken, I was shown voting no. I intended to vote yes.

Collier

When Record No. 113 was taken, I was shown voting no. I intended to vote yes.

Sherman

When Record No. 113 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

HB 315, A bill to be entitled An Act relating to the purchasing of a uniform by certain honorably retired peace officers.

HB 315 was passed by (Record 114): 149 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

HB 167, A bill to be entitled An Act relating to common and public nuisances.

Representative Schaefer offered the following amendment to HB 167:

Amend HB 167 on third reading as follows:

(1)  On page 1, line 5, strike "Subsection (c-1)" and substitute "Subsections (c-1) and (c-2)".

(2)  On page 1, line 7, strike the capitalized "A" and substitute "Except as provided by Subsection (c-2), a".

(3)  On page 1, between lines 9 and 10, insert the following:

Amendment No. 1 was adopted.

Representative Vasut raised a point of order against further consideration of HB 167 under Rule 8, Section 1(a)(1), of the House Rules on the grounds that the caption is inaccurate, misleading, and fails to give reasonable notice of the bill's subject.

(Burns in the chair)

The point of order was withdrawn.

Representative Ortega moved to postpone consideration of HB 167 until 11:20 a.m. today.

The motion prevailed.

HB 1033, A bill to be entitled An Act relating to prescription drug price disclosure; authorizing a fee; providing an administrative penalty.

HB 1033 was passed by (Record 115): 147 Yeas, 0 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker; Burns(C); Thompson, E.

When Record No. 115 was taken, I was shown voting present, not voting. I intended to vote yes.

E. Thompson

HB 1689, A bill to be entitled An Act relating to credit for reinsurance governed by certain covered agreements and ceded to certain assuming insurers.

HB 1689 was passed by (Record 116): 148 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

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

(Speaker in the chair)

HB 1514, A bill to be entitled An Act relating to the administration of unclaimed property.

HB 1514 was passed by (Record 117): 149 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

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

HB 167, A bill to be entitled An Act relating to common and public nuisances.

HB 167 was read third time earlier today and was postponed until this time.

Representative Ortega moved to postpone consideration of HB 167 until the end of today's calendar.

The motion prevailed.

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

CSHB 5, A bill to be entitled An Act relating to the expansion of broadband services to certain areas.

Representative Ashby offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 4, line 10, strike "by rule".

(2)  On page 5, between lines 21 and 22 insert the following:

(3)  On page 7, line 9, between "public" and "school" insert "preschool or primary or secondary".

(4)  On page 7, line 10, strike "public".

(5)  On page 10, strike line 27 and substitute the following:

(6)  On page 11, strike lines 1 and 2.

Amendment No. 1 was adopted.

Representative Ashby offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 11, between lines 7 and 8, insert the following:

(2)  On page 11, line 8, strike "(f)" and substitute "(g)".

(3)  On page 11, line 15, strike "(g)" and substitute "(h)".

Amendment No. 2 was adopted.

Representative Price offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 1, line 8, between "members" and the colon, insert "appointed by the governor".

(2)  Strike ", appointed by the governor" and substitute "[, appointed by the governor]" in each of the following places it appears:

(A)  on page 1:

(i)  lines 12 and 13;

(ii)  line 15;

(iii)  lines 17 and 18; and

(iv)  lines 22 and 23; and

(B)  on page 2:

(i)  line 1;

(ii)  line 3;

(iii)  line 5;

(iv)  lines 7 and 8;

(v)  lines 11 and 12;

(vi)  line 15;

(vii)  line 18; and

(viii)  lines 19 and 20.

(3)  On page 2, between lines 8 and 9, insert the following:

(4)  Strike page 2, lines 21 through 26, and substitute the following:

(13)  one hospital administrator employed by a licensed hospital located in a county with a population of less than 60,000 [member of the house of representatives, appointed by the speaker of the house of representatives]; and

(14)  one representative from an electric cooperative providing broadband [state senator, appointed by the lieutenant governor].

(5)  On page 2, line 27, strike "Section 490H.006(a), Government Code, is" and substitute "Sections 490H.006(a) and (b), Government Code, are".

(6)  On page 3, between lines 23 and 24, insert the following:

(b)  The council may research another matter related to broadband [only if a majority of the council approves researching the matter].

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

SECTION ___.  Section 490H.003, Government Code, is amended to read as follows:

Sec. 490H.003.  COUNCIL OFFICERS; COMMITTEES [PRESIDING OFFICER]. (a) The governor shall designate from the members of the council a chair and vice chair [the presiding officer] of the council for two-year terms.

SECTION ___.  Section 490H.004, Government Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:

(b)  The council shall convene at the call of the chair or, if the chair is unable to call a meeting or does not call at least one meeting to meet the requirements of Subsection (a), at the call of the vice chair [presiding officer].

A record vote was requested by Representative Cason.

Amendment No. 3 was adopted by (Record 118): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Hernandez; Ortega.

When Record No. 118 was taken, I was in the house but away from my desk. I would have voted yes.

Hernandez

When Record No. 118 was taken, I was in the house but away from my desk. I would have voted yes.

Ortega

Representative Hernandez offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 2, line 24, strike "and".

(2)  On page 2, line 26, between "governor" and the period, insert the following:

(3)  On page 5, line 7, between "service" and "in", insert "and digital connectivity".

(4)  On page 5, line 9, strike "and affordability" and substitute "affordability, and use".

(5)  On page 5, strike lines 12 and 13 and substitute the following:

(6)  On page 11, lines 22 and 23, strike "adoption and affordability" and substitute "adoption, affordability, and use".

(7)  On page 13, line 16, strike "and affordability" and substitute "affordability, and use".

A record vote was requested by Representative Cason.

Amendment No. 4 was adopted by (Record 119): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Cason; Dean.

When Record No. 119 was taken, my vote failed to register. I would have voted yes.

Cason

When Record No. 119 was taken, my vote failed to register. I would have voted yes.

Dean

Representative Rodriguez offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) on page 2 as follows:

(1)  On line 24, strike "and".

(2)  On line 26, strike the period and substitute "; and".

(3)  Between lines 26 and 27, insert the following:

(16)  one representative of a nonprofit organization that has a demonstrated history of facilitating broadband adoption by offering digital literacy training or providing access to broadband technology, appointed by the governor.

A record vote was requested by Representative Cason.

Amendment No. 5 was adopted by (Record 120): 146 Yeas, 3 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Biedermann; Cain; Slaton.

Present, not voting — Mr. Speaker(C).

When Record No. 120 was taken, I was shown voting yes. I intended to vote no.

Middleton

Representatives Davis and Reynolds offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

On page 2, between lines 26 and 27, insert the following:

(c)[(b)]  A member of the council appointed under Subsection (a) serves for a five-year term.

(d)[(c)]  A vacancy on the council is filled in the same manner as the original appointment.

A record vote was requested by Representative Cason.

Amendment No. 6 was adopted by (Record 121): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Schofield.

Representative Zwiener offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  In SECTION 2 of the bill, in Section 490H.006(1)(B), Government Code (page 3, line 5), strike "and".

(2)  In SECTION 2 of the bill, in Section 490H.006(1)(B), Government Code (page 3, line 7), after "customers;" insert the following:

A record vote was requested by Representative Cason.

Amendment No. 7 was adopted by (Record 122): 123 Yeas, 23 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Cain; Craddick; Frank; Harless; Harris; Hefner; Klick; Krause; Leach; Leman; Metcalf; Patterson; Paul; Schaefer; Shaheen; Slaton; Slawson; Swanson; Tinderholt; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent — Morales, C.; Murphy; White.

When Record No. 122 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 122 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 122 was taken, I was in the house but away from my desk. I would have voted yes.

C. Morales

When Record No. 122 was taken, I was shown voting yes. I intended to vote no.

Toth

Representative Cason offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 10, line 4, strike "and".

(2)  On page 10, line 8, strike the underscored period and substitute "; and".

(3)  On page 10, between lines 8 and 9, insert the following:

Representative Israel raised a point of order against further consideration of Amendment No. 8 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.

A record vote was requested by Representative Cason.

Amendment No. 8 was adopted by (Record 123): 87 Yeas, 56 Nays, 2 Present, not voting.

Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Geren; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Hinojosa; Holland; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raymond; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Toth; VanDeaver; Vasut; White; Wilson.

Nays — Allen; Beckley; Bernal; Bowers; Bucy; Campos; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gates; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Larson; Longoria; Lopez; Lucio; Martinez; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raney; Reynolds; Romero; Rose; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Walle; Wu; Zwiener.

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

Absent — Herrero; Huberty; Martinez Fischer; Morales Shaw; Vo.

When Record No. 123 was taken, I was shown voting no. I intended to vote yes.

Gates

When Record No. 123 was taken, I was shown voting yes. I intended to vote no.

Hinojosa

When Record No. 123 was taken, I was in the house but away from my desk. I would have voted yes.

Huberty

When Record No. 123 was taken, I was shown voting no. I intended to vote yes.

Martinez

When Record No. 123 was taken, my vote failed to register. I would have voted yes.

Morales Shaw

When Record No. 123 was taken, I was shown voting no. I intended to vote yes.

Neave

When Record No. 123 was taken, I was shown voting no. I intended to vote yes.

Ordaz Perez

When Record No. 123 was taken, I was shown voting no. I intended to vote yes.

Raney

When Record No. 123 was taken, I was shown voting yes. I intended to vote no.

Rodriguez

When Record No. 123 was taken, I was shown voting present, not voting. I intended to vote yes.

Tinderholt

Representative Middleton offered the following amendment to CSHB 5:

Amend CSHB 5 (house committee printing) as follows:

(1)  On page 10, line 18, strike "or".

(2)  On page 10, between lines 18 and 19, insert the following:

(3)  On page 10, line 19, strike "(4)" and substitute "(5)".

A record vote was requested by Representative Cason.

Amendment No. 9 failed of adoption by (Record 124): 42 Yeas, 106 Nays, 1 Present, not voting.

Yeas — Anderson; Bell, C.; Bonnen; Burns; Burrows; Cain; Cason; Cook; Cyrier; Dean; Frank; Goldman; Guillen; Harris; Hefner; Hinojosa; Hunter; King, P.; Landgraf; Leach; Leman; Metcalf; Middleton; Muñoz; Murr; Oliverson; Patterson; Paul; Ramos; Raymond; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Swanson; Tinderholt; Vasut; White; Wilson.

Nays — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bowers; Buckley; Bucy; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Harless; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Krause; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Raney; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent — Sanford.

When Record No. 124 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 124 was taken, I was shown voting no. I intended to vote yes.

Herrero

When Record No. 124 was taken, I was shown voting no. I intended to vote yes.

E. Thompson

When Record No. 124 was taken, I was shown voting no. I intended to vote yes.

Toth

A record vote was requested by Representative Cason.

CSHB 5, as amended, was passed to engrossment by (Record 125): 150 Yeas, 0 Nays, 0 Present, not voting.

Yeas — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

CSHB 1715, A bill to be entitled An Act relating to provision of broadband infrastructure and connectivity by the Lower Colorado River Authority.

Representative Buckley moved to postpone consideration of CSHB 1715 until 10 a.m. Wednesday, April 14.

The motion prevailed.

CSHB 1239, A bill to be entitled An Act relating to the prohibited suspension of laws protecting religious freedom and prohibited closure of places of worship.

REPRESENTATIVE HOWARD: We heard this in State Affairs, and as a nurse, I have to say I am very cognizant of the need for having public health policies that will protect the entire community, and sometimes that means we do things like ask businesses and church facilities to not hold their gatherings. But that being said, I think clearly the intention was not to prevent freedom of religion, and it's in that spirit that I think we heard your testimony that day. But I do want to clarify, and I know you just laid some of this out, but for legislative intent, I would like to ask you please again how this bill will impact churches that rent school district property. I just want to be clear about what that role is with your legislation.

REPRESENTATIVE SANFORD: Thank you for the question and for bringing that concern. The simple answer is that this bill would not impact these contractual agreements at all. Schools are free to make and keep agreements with churches and enforce contractual provisions such as force majeure clauses that could allow a school to close and thereby not allow use of their facilities by a church if they decided to close, based upon the terms of the agreement between the school and the church.

Representative Howard moved to print remarks between Representative Sanford and Representative Howard on CSHB 1239.

The motion prevailed.

Representative J. Turner offered the following amendment to CSHB 1239:

Amend CSHB 1239 (house committee report) on page 1, by striking lines 8 and 9 and substituting the following:

(3)  "Place of worship" means real property used primarily as a place of regular religious worship by an organization that qualifies as a religious organization under Section 11.20(c), Tax Code.

REPRESENTATIVE J. TURNER: Members, this amendment is offered in a spirit of support for religious liberty, not in opposition to it. But to do right by this important concept, we do need to be, I believe, clear in our definitions and not set ourselves up for unintended consequences. And I would say, members, even if you support this bill and support this idea, I believe you also should support this amendment. Because if the point is to not have closure of churches in various circumstances where we don't think it's right, you ought to make sure we're defining "churches" properly and not just someone who says, "I'm a church" or not, as the bill currently does, basically defining the entire planet essentially as a church. Right now, the definition in the bill of a place of worship which you cannot close––I'm going to read this––it "means a building or grounds where religious activities are conducted." Okay? A "building or grounds where religious activities are conducted."

Now, I don't think it was the intent of the drafters of the bill and those who have supported and coauthored the bill to say that anywhere that religious activities are conducted––which, of course, is probably all of our homes when we pray and maybe when we sing or study the Bible. But that would technically, by the language of this bill, be covered. Now, maybe we can say, well, someone's going to surely ignore that. Members, I don't think it's good policy for us to make law and then leave it to the judges to sort of fix what we didn't bother to fix ourselves and to make clear. Many businesses are going to fall within this definition, certainly any kind of religious bookstore, a concert venue where there's religious music, public schools––without a doubt, there's certainly religious activities that are conducted in public schools. So members, all I'm trying to do here is change the definition of "place of worship" in a way that we ordinarily understand it. And that would be as we have it with reference to the well-established language of the Tax Code, which provides for what kinds of buildings and property are actually subject to tax exemption because they are churches or mosques or synagogues or so on. And that way we're talking clearly about the actual building that is envisioned, I believe, in this bill and not a limitless number of spaces in our state.

REPRESENTATIVE C. TURNER: I was listening to your dialogue with the bill author a moment ago, and I think you raised some important issues. I want to make sure I understand what your amendment does. So your amendment, it seems to me, is consistent with the stated purpose of the underlying legislation to say that what we're talking about here is a place of worship, and you're defining that as real property––that is a building, I presume, or a piece of property––whose primary function and purpose is place of worship. Do I have that right?

J. TURNER: Representative, you are correct. I'll read the text––it's very short––of my amendment. It would just say that: "'Place of worship' means real property used primarily as a place of regular religious worship by an organization that qualifies as a religious organization under Section 11.20(c), Tax Code." Of course, "religious organization" does have a definition in the Tax Code, and churches are tax-exempt, and I think it makes a lot of sense to use that already-defined standard here as well.

C. TURNER: And based on your previous dialogue with the bill author, it seemed like your concern is that the current language in the bill is overly broad. So you can have––I think you used the example of a school that perhaps sometimes is used for religious purposes. I presume that with the broad language of the bill, if you have perhaps a Bible study group or other religious group that meets, say, at a restaurant in a meeting room––I know that happens a lot in my district. Different church groups will meet at a restaurant to discuss their faith or study the Bible or whatever the case may be. But the overly broad nature of the language of the bill would ostensibly prohibit the closure of that facility for, as you said, perhaps a dangerous situation in the neighborhood, a public health issue, violations of food safety code. Am I right that that's the concern with the bill if we don't put this amendment on?

J. TURNER: Yes, Representative, that is the concern that I'm trying to address here exactly as you said. And again, members, if you support this idea of religious liberty, then you shouldn't just allow anybody to call themselves a church or you shouldn't inadvertently extend this to a wide range of other facilities where it's clearly going to create a lot of problems if it's interpreted the way we wrote it and the way we passed it. And so, Representative, that is exactly my purpose here. I believe even someone that came into this building today as a coauthor of this bill or as a supporter of this bill really ought to look at this and say––why shouldn't we define our terms properly instead of overly broadly?

REPRESENTATIVE SLATON: I have concerns with your amendment because through church history, home churches have popped up and, including today, there could just be a church disagreement and a new church starts in someone's home. And I don't feel like a church should be defined basically if they are already established. A church is a body of believers, and they can meet in homes. And I was just going to tell you, or ask you, why do you think the home church wouldn't qualify?

J. TURNER: Well, I appreciate the question, Representative, and first of all, I acknowledge your point about the church is more than a building. However, the language of this bill as it exists right now refers to a building or grounds. So that's really what we're dealing with here. And what I'd say about that, Representative, is yes, a church may exist in that sense, of course, in someone's home. Does that mean now we are going to extend the prohibitions on any closure to all of those circumstances? It could certainly be a home, it could be a restaurant, it could be a concert venue––it could be anywhere. So as you acknowledge, unless we narrow the definition in some way, we're going to pass out of this body a prohibition on any political subdivision ever closing any of those places for any reason. And that's the problem I have. That's why I go back. Even though we know in reality a church, as we truly understand it, can exist in other places, for purposes of our tax laws, we do require that certain things be true. In order to have a tax exemption for a property that we consider to be a church, a mosque, or a synagogue, it has to meet that definition that's in the Tax Code. That's why I tracked that definition for purposes of this amendment.

REPRESENTATIVE SANFORD: Members, I would just simply ask that you take a landscape of your district and the folks that you represent and observe where they worship––and it is in every type of facility or parking lot or tent that you could imagine––and how vital those assemblies are. Simply, we'll be voting up or down on this one, and I'll oppose this amendment.

REPRESENTATIVE ANCHIA: I'm very grateful for the amendment that my friend and colleague John Turner has brought forth. You know, we oftentimes think of religion exclusively as something that we participate in, a fellowship, a sharing of moments with our God and our common man where we come together, we pray for each other, we want to take care of each other. And that's the context that we like to think of it––of religion as. But there also have been very nefarious uses of religion. We think of people who have done things in the name of religion that have had nothing to do with religion but to harm other people and harm this country. People in the name of religion have sought to attack and harm the United States of America, whether it's religions abroad or at home. And this bill is so broad that it would allow people who seek to harm this country to use religion as a shield, not just in whatever place of worship we are talking about, but to use it in places that have nothing to do with worship and instead have everything to do with nefarious purpose.

The breadth of this bill is staggering. And this is a very common sense and appropriate amendment that puts guardrails around this so that we don't have situations like the Yearning for Zion Ranch that we spent––for those of you that have been in this body for a while––we spent a lot of time legislating so that young women would not be subject to forced marriages and abuse under the guise of religion. We saw that in Waco where you had child abuse occurring in compounds under the guise of religion. And so while we like to think about home churches and we like to think about the fellowship that my fellow parishioners and I in the Catholic campus ministry at SMU that we enjoy together, I will tell you that this amendment fixes a bill that goes too far. It fixes a bill that allows people in the name of religion to do things that we, all of us, would find objectionable. And this is a common sense amendment that would allow us as a body to put very important guardrails around the ability of anyone in the name of religion to break the law, anyone in the name of religion to harm others, anyone in the name of religion to harm the United States of America. So I will be gladly supporting this amendment.

REPRESENTATIVE TOTH: Twenty-two veterans a day take their lives due to post-traumatic stress disorder. During this pandemic, we think the number may have risen to as many as 40 to 45 veterans a day. I'm chairman of the board for Mighty Oaks Foundation. It's a faith-based organization that helps veterans. We started as a church, believe it or not, in a jujitsu studio in The Woodlands, Texas. I think of Walnut Hill Community Church, which reached to and ministered to a lot of single moms. We started in a carriage barn where they repair antique carriages. I think of Pittsford Community Church––we started in a movie theater. Two-thirds, if not, of the churches in the United States don't start in predominantly known houses of worship. These are communities that help countless people––countless people. In fact, they usually start out of a felt desire and a need to minister to people that don't have the ability to help themselves. Government can't do everything and shouldn't do everything. The church needs to be more responsible for helping those that can't help themselves, and this amendment hurts them in a really big way. I'd strongly encourage you to please vote against this amendment.

REPRESENTATIVE SHERMAN: Many of you know that I pastor church weekly. Much has changed since the pandemic, but we still assemble. God is spirit, and they that worship him must worship him in spirit and in truth. Hebrews 10:25 says that we are not to forsake the assembly of one another. There are so many ways to assemble, as we've discovered with this pandemic. I love brother Sanford, and I love the bill that he's put forward. As I discussed with him, my desire is that he supports this amendment because my concern is that there are individuals who do not respect our government, our country, and that we are a country of law and order. God is a god of decency and order, and every church organization should be counted. I'm concerned that this bill on its own is problematic because there are some individuals who have a zeal but not according to knowledge. They will oppose the government and simply ignore that they must be a church and under the Tax Code. I do not think that this amendment is unreasonable. I believe that just as every citizen should be counted, every church should be counted. And so therefore, I will be supporting this amendment because it is about making sure that churches are acknowledged and churches should be able to convene during worship time if that is the leadership's desire to do so. No government should stop our religious practice, and yet no group should be able to take the entitlement of being a faith-based body without first being properly recognized as a church.

J. TURNER: I appreciate very much your attention on this issue, and I want to just make clear once again my intention with this amendment is not to be in any way against religious liberty or to oppose the very important and vital principle of worship. I don't think anyone who supports that principle in this body or who has in mind to support this bill, though, thinks that it should have a bunch of unintended consequences or should prevent the state in the future from doing something like Attorney General Abbott did back in 2013 when the state seized the compound of the Warren Jeffs ranch where there were a lot of really bad things happening, a lot of criminal activities. That's not in the spirit of, I think, what probably motivated many people to originally support this bill. But as I read it, members, I'm just reading words, and words have meaning, and it's not defined in a narrow enough way to prevent those kinds of outcomes as we sit here right now. So members, you can think of this amendment as an improvement to this bill if you like this bill. And regardless of whether it is an improvement or not, I respectfully ask your careful consideration and your thoughtfulness.

REPRESENTATIVE LEACH: I find it interesting that the three folks, our respected colleagues, who have spoken in favor of the amendment are from Dallas County. Are you aware, Representative, that it was the Dallas County judge that issued an order closing and limiting religious services while strip clubs, bars, and liquor stores were allowed to remain open?

J. TURNER: Representative, that's not my exact recollection of what those orders said. My recollection is there were capacity restrictions that were imposed that certainly, yes, did affect churches.

LEACH: Representative, if at any point in the early days, weeks, the first few months of the pandemic, is it not true that in Dallas County, strip clubs and bars and liquor stores were able to remain open without any restrictions while churches were severely limited and in many cases closed?

J. TURNER: Representative Leach, I'm being honest with you. I don't recall that to be the case. If we can discuss afterward and you can remind me of what some––I'll tell you this, I would not support that. And in no sense am I up here trying to defend the idea that churches should be closed while those kinds of establishments should be open.

LEACH: That's good to hear, and I take you at your word. And I wasn't planning on asking questions until a previous speaker at the front mic talked about the nefarious activities of churches, and it bothers me that we're attacking the activities of churches. This bill would not prevent in any way the public safety restrictions and the ability of government to hold criminal actors responsible. If a priest or a pastor is committing crimes inside a church just like a bar owner or a strip club owner would be held responsible for those crimes, do you not agree that this bill would have nothing to do with preventing that?

J. TURNER: Well, that's exactly why I'm up here, Representative. I don't agree with your interpretation. I'm reading the bill. I'm reading the words of the bill.

LEACH: But, Representative, this bill has nothing to do, does it not, with criminal justice, with public safety restrictions, with zoning restrictions, with the ability of government officials to enforce public safety and criminal justice laws?

J. TURNER: It absolutely does, Representative. If you read the Religious Freedom Restoration Act to which this bill is an amendment, it applies to every law in the state unless in the text of that law it specifically references and exempts itself from the application of RFRA. So yes, Representative––

LEACH: I strongly disagree with that, Representative Turner. Are you more concerned with the nefarious conduct of some churches or are we also going to have an honest conversation about strip clubs and bars and liquor stores? Because if we're going to have that conversation, let's have it. But many of us are troubled that churches were so aggressively closed down, religious liberties were restricted, while real nefarious conduct was allowed to remain open and free for the people.

J. TURNER: Representative Leach, if you agree with that, and I very much am sympathetic to the perspective you're giving, then we wouldn't want a strip club to call itself a church and then be exempted from the provisions of this bill. So if you adopt my amendment, you will prevent that from happening.

REPRESENTATIVE KRAUSE: Representative Turner, I'm just curious, are you aware of a federal law called RLUIPA, the Religious Land Use and Institutionalized Persons Act?

J. TURNER: Yes, I am.

KRAUSE: Do you think this amendment could run afoul of federal law? Because as you know, RLUIPA is put into place so we don't pick winners and losers on how they choose to worship, where they choose to worship, or the mode in which they choose to worship. So by limiting it to, really, owners of their property, religious owners, don't you think we are setting ourselves up for a violation if we were to adopt your amendment to be in violation of that federal law of RLUIPA because now we're differentiating between renters and owners?

J. TURNER: Representative, I don't believe I agree with that concern. I thank you for the question. This amendment actually doesn't talk about renters or owners. It says "real property used primarily as a place of regular religious worship by an organization that qualifies as a religious organization under Section 11.20(c)." There is not distinction between renting and owning in this amendment. I also do not believe that RLUIPA presents a problem unless the bill as a whole presents a problem under RLUIPA. But this amendment simply narrows the definition of the bill. So I can't see any way in which RLUIPA would be brought into this.

KRAUSE: I think what you're finding with your amendment is that we are bifurcating certain classes on when the government can shut down religious uses and when it couldn't, which is the exact reason we have RLUIPA in the first place. I think that's a very dangerous road to go down, and I hope people oppose this amendment.

Representative Toth moved to print all remarks on Amendment No. 1 on CSHB 1239.

The motion prevailed.

A record vote was requested by Representative Cason.

Amendment No. 1 failed of adoption by (Record 126): 63 Yeas, 85 Nays, 1 Present, not voting.

Yeas — Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guillen; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent — Larson.

Representative Hefner offered the following amendment to CSHB 1239:

Amend CSHB 1239 (house committee report) as follows:

(1)  On page 1, strike lines 10-13, and substitute the following:

(2)  On page 1, line 24, between "WORSHIP." and "A", insert "(a)".

(3)  On page 2, between lines 2 and 3, insert the following:

Amendment No. 2 was adopted.

Representative J. Turner offered the following amendment to CSHB 1239:

Amend CSHB 1239 (house committee report) on page 2, line 2, between "state" and the underlined period, by inserting "unless the order is otherwise authorized by law and is narrowly tailored to serve a compelling state interest".

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

Martinez Fischer on motion of Rodriguez.

A record vote was requested by Representative Cason.

Amendment No. 3 failed of adoption by (Record 127): 60 Yeas, 86 Nays, 1 Present, not voting.

Yeas — Anchia; Beckley; Bernal; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Gates; Geren; Goldman; Guillen; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Martinez Fischer.

Absent — Frullo; Larson.

When Record No. 127 was taken, I was shown voting no. I intended to vote yes.

Bowers

When Record No. 127 was taken, I was in the house but away from my desk. I would have voted no.

Frullo

A record vote was requested by Representative Cason.

CSHB 1239, as amended, was passed to engrossment by (Record 128): 117 Yeas, 29 Nays, 1 Present, not voting.

Yeas — Allison; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Cook; Craddick; Cyrier; Darby; Dean; Deshotel; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Middleton; Minjarez; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Vo; White; Wilson; Zwiener.

Nays — Allen; Anchia; Anderson; Beckley; Bucy; Collier; Crockett; Davis; Dominguez; Dutton; González, J.; González, M.; Hinojosa; Israel; Johnson, A.; Johnson, J.D.; Lopez; Meza; Morales, C.; Ramos; Reynolds; Rodriguez; Rose; Thierry; Thompson, S.; Turner, C.; Turner, J.; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Martinez Fischer.

Absent — Cortez; Pacheco.

When Record No. 128 was taken, I was shown voting no. I intended to vote yes.

Anderson

When Record No. 128 was taken, I was shown voting yes. I intended to vote no.

Bernal

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

HB 788, A bill to be entitled An Act relating to the eligibility of emergency service dispatchers to participate in a public safety employees treatment court program.

(Speaker pro tempore in the chair)

HB 788 was passed to engrossment.

CSHB 2305, A bill to be entitled An Act relating to the Texas Real Estate Research Center, the Real Estate Research Advisory Committee, and the Texas Real Estate Commission; increasing a fee.

CSHB 2305 was passed to engrossment.

HB 2510, A bill to be entitled An Act relating to a sales and use tax exemption for animals adopted from or sold by nonprofit animal welfare organizations.

HB 2510 was passed to engrossment.

CSHB 739, A bill to be entitled An Act relating to a grant program administered by the Texas Veterans Commission to provide energy industry career training for veterans.

Representative Lopez offered the following amendment to CSHB 739:

Amend CSHB 739 (house committee report) on page 1 as follows:

(1)  On line 7, strike "GRANTS FOR" and substitute "ENERGY INDUSTRY PROGRAM FOR VETERAN".

(2)  On line 8, strike "grant".

(3)  On line 9, strike "financial".

(4)  On line 14, strike "grant".

(5)  On line 16, strike "grant".

(6)  On lines 17 and 18, strike ", including rules establishing criteria for eligibility and terms of the grant".

Amendment No. 1 was adopted.

Representative Cain offered the following amendment to CSHB 739:

Amend CSHB 739 (house committee report) on page 1, between lines 18 and 19, by inserting the following:

Representative Zwiener raised a point of order against further consideration of Amendment No. 2 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.

(Speaker in the chair)

Amendment No. 2 was withdrawn.

CSHB 739, as amended, was passed to engrossment.

HB 2429, A bill to be entitled An Act relating to the alternate provisions for ad valorem tax rate notices when the de minimis rate of a taxing unit exceeds the voter-approval tax rate.

HB 2429 was passed to engrossment.

CSHB 135, A bill to be entitled An Act relating to notifying an alleged perpetrator of child abuse or neglect of the person's right to record an investigative interview.

CSHB 135 was passed to engrossment.

HB 1386, A bill to be entitled An Act relating to birth records of adopted persons; authorizing a fee.

HB 1386 was passed to engrossment.

HB 587, A bill to be entitled An Act relating to a study on the suitability of unused and underused public facilities for joint use by state and local governmental entities.

Representative Guerra offered the following amendment to HB 587:

Amend HB 587 (house committee printing) on page 1 as follows:

(1)  Between lines 6 and 7, insert the following appropriately numbered subdivision and renumber the subsequent subdivisions accordingly:

(____)  "Artist" means a person who engages in acting, dancing, improvisation, singing, and other similar artistic performances.

(2)  On line 16, strike "two" and insert "a governmental entity and artists for the practice and performance of their art or by two".

(3)  On line 17, strike "that use" and substitute "those uses".

Amendment No. 1 was adopted.

A record vote was requested by Representative Cason.

HB 587, as amended, was passed to engrossment by (Record 129): 124 Yeas, 23 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Cain; Cason; Clardy; Frank; Hefner; King, P.; Leman; Metcalf; Middleton; Oliverson; Parker; Patterson; Schaefer; Slaton; Slawson; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Martinez Fischer.

Absent — Bowers.

When Record No. 129 was taken, I was in the house but away from my desk. I would have voted yes.

Bowers

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Krause

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Landgraf

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Murr

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Stucky

CSHB 2398, A bill to be entitled An Act relating to the administration and collection of sales and use taxes and certain fees applicable to sales involving marketplace providers.

CSHB 2398 was passed to engrossment.

CSHB 723, A bill to be entitled An Act relating to notice of a modification to the medical certification information on certain death certificates.

Representative Patterson offered the following amendment to CSHB 723:

Amend CSHB 723 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  This Act may be cited as Marilyn's Law.

Amendment No. 1 was adopted.

CSHB 723, as amended, was passed to engrossment.

HB 39, A bill to be entitled An Act relating to protective orders; making conforming changes.

HB 39 was passed to engrossment.

CSHB 780, A bill to be entitled An Act relating to the establishment of a bone marrow donor recruitment program.

Representatives Lambert and Hunter offered the following amendment to CSHB 780:

Amend CSHB 780 (house committee printing) as follows:

(1)  On page 2, line 1, between "274k" and the underlined comma, insert "and the registry's interested contracted network partners".

(2)  On page 2, line 7, between "registry" and "may", insert ", in collaboration with the registry's interested contracted network partners,".

Amendment No. 1 was adopted.

CSHB 780, as amended, was passed to engrossment.

HB 2586, A bill to be entitled An Act relating to an annual audit of the independent organization certified for the ERCOT power region.

Representative Holland offered the following amendment to HB 2586:

Amend HB 2586 (house committee printing) on page 1 by striking lines 21-22 and substituting the following:

Amendment No. 1 was adopted.

HB 2586, as amended, was passed to engrossment.

CSHB 1264, A bill to be entitled An Act relating to the time for making required reports of deceased residents of this state to a voter registrar and to the secretary of state.

CSHB 1264 was passed to engrossment.

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

HB 167, A bill to be entitled An Act relating to common and public nuisances.

HB 167 was read third time earlier today, amendments were offered and disposed of, HB 167 was postponed until 11:20 a.m. today, and was again postponed until this time.

Representative Vasut offered the following amendment to HB 167:

Amend HB 167 on third reading on page 2 as follows:

(1)  On line 1 strike "an ex parte" and insert "a".

(2)  By adding a new subsection between lines 11 and 12 to read as follows:

(d)  A temporary restraining order may not be issued under this section unless the person whose conduct or omission is sought to be restrained receives notice of the hearing.

Amendment No. 2 was adopted.

HB 167, as amended, was passed by (Record 130): 94 Yeas, 51 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Coleman; Collier; Cook; Crockett; Darby; Davis; Dean; Deshotel; Dutton; Fierro; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Klick; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Schofield; Sherman; Shine; Smith; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vasut; Vo; Walle; Wu; Zwiener.

Nays — Ashby; Bailes; Biedermann; Cain; Capriglione; Cason; Clardy; Craddick; Cyrier; Ellzey; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Hull; Kacal; King, K.; King, P.; Krause; Kuempel; Lambert; Landgraf; Leman; Metcalf; Middleton; Morrison; Murr; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Shaheen; Slaton; Slawson; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Martinez Fischer.

Absent — Cortez; Dominguez; White.

When Record No. 130 was taken, I was shown voting yes. I intended to vote no.

Bonnen

When Record No. 130 was taken, I was in the house but away from my desk. I would have voted yes.

Cortez

When Record No. 130 was taken, I was shown voting no. I intended to vote yes.

Hull

When Record No. 130 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 130 was taken, I was shown voting no. I intended to vote yes.

Middleton

Representative Neave moved to suspend the five-day posting rule to allow the Committee on Juvenile Justice and Family Issues to consider HB 2278 at 10 a.m. or upon final adjournment or recess or bill referral, if permission granted, Monday, April 12 in E2.014.

The motion prevailed.

Representative Collier moved to suspend the five-day posting rule to allow the Committee on Criminal Jurisprudence to consider HB 179 at 1 p.m. or upon final adjournment or recess or bill referral, if permission granted, Monday, April 12 in E2.010.

The motion prevailed.

Representative Geren moved that the house recess until 9 a.m. tomorrow in memory of Larry McMurtry of Archer City.

The motion prevailed.

The house accordingly, at 2:26 p.m., recessed until 9 a.m. tomorrow.

The following messages from the senate were today received by the house:

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, April 8, 2021

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

Relating to the regulation of groundwater conservation districts.

Relating to eligibility to serve as an interpreter in an election.

Relating to the adoption of uniform general conditions for building construction contracts entered into by school districts and the composition of the committee that reviews uniform general conditions.

Relating to reports on deaths from reportable and other communicable diseases to county health authorities and health departments.

Respectfully,

Patsy Spaw

Secretary of the Senate

Favorable reports have been filed by committees as follows:

Agriculture and Livestock - HB 1958

Business and Industry - HB 67, HB 1153, HB 1543, HB 1916, HB 2379

Criminal Jurisprudence - HB 187, HB 816, HB 1394, HB 1441, HB 1540

Environmental Regulation - HB 2692

Insurance - HB 428, HB 1934, HB 2267

International Relations and Economic Development - HB 1247, HB 1364, HB 1695, HB 1792, HB 2607

Juvenile Justice and Family Issues - HB 2952

Land and Resource Management - HB 1410, HB 1885, HB 2043

Licensing and Administrative Procedures - HB 3616, HB 3721

Pensions, Investments, and Financial Services - HB 1461, HB 1585, HB 1840

State Affairs - HB 1500, HB 1575, HB 1672

Ways and Means - HB 2080, HB 2723, HB 3578, HB 3799, HJR 125

April 7 - HB 103, HB 699, HB 914, HB 1445, HB 1658, HB 1675, HB 1677, HB 1755, HB 2073, HB 2404, HB 2462, HB 2677

April 7 - HCR 30, HCR 68, HCR 69, HCR 70