FORTY-SEVENTH DAY (CONTINUED) --- FRIDAY, MAY 14, 2021
The house met at 9:36 a.m. and was called to order by the speaker.
The invocation was offered by Representative Neave as follows:
We thank you God for an opportunity to live another day. We thank you for our health, for our families, and the opportunity to serve the people of Texas. We ask that you continue to guide us with your wisdom and help us lead with love. And I'd like to say the Lord's prayer in Spanish: Padre nuestro que estás en el cielo, santificado sea tu nombre. Venga tu reino. Hágase tu voluntad en la tierra como en el cielo. Danos hoy nuestro pan de cada día. Perdona nuestras ofensas, como también nosotros perdonamos a los que nos ofenden. No nos dejes caer en tentación y líbranos del mal. Amen.
The chair recognized Representative Buckley who led the house in the pledges of allegiance to the United States and Texas flags.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 21).
(Guillen in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HR 1001 (by Jetton), Commending Sitara Seth for her service as a legislative intern in the office of State Representative Jacey Jetton.
HR 1002 (by Jetton), Commending Thomas Le for his service as a legislative intern in the office of State Representative Jacey Jetton.
HR 1003 (by Jetton), Commending Grace Beecroft for her service as a legislative intern in the office of State Representative Jacey Jetton.
HR 1004 (by Jetton), Commending Rea Motiwala for her service as a legislative intern in the office of State Representative Jacey Jetton.
HR 1005 (by Jetton), Commending Rahil Motiwala for his service as a legislative intern in the office of State Representative Jacey Jetton.
HR 1006 (by Jetton), Congratulating Albon Wu, Laaiqa Muhammad, Unna Ramanathan, Gabriel Rodriguez, Brenda Frye, and Ted Lieb on being named 2020 Volunteers of the Year by the City of Sugar Land.
HR 1007 (by Jetton), Congratulating Jakob Jones on graduating as salutatorian of the Fort Bend Christian Academy Class of 2021.
HR 1008 (by Jetton), Congratulating Sam Wadlington on graduating as valedictorian of the Class of 2021 at Fort Bend Christian Academy in Sugar Land.
HR 1009 (by Jetton), Congratulating the Sugar Land Skeeters baseball team on its acquisition as the Triple A affiliate of the Houston Astros.
HR 1010 (by Jetton), Congratulating Dr. Gildardo Andres Ceballos on being honored as the 2020 Physician of the Year at OakBend Medical Center.
HR 1011 (by Jetton), Commending Raymond Freeman American Legion Post 942 for its service to its members and to the Sugar Land community.
HR 1012 (by Jetton, Shaheen, and Oliverson), Recognizing the festival of Diwali 2021.
HR 1013 (by Jetton), Honoring Manish Seth for his service during Winter Storm Uri.
HR 1014 (by Frullo), Congratulating Zach Casias of Lubbock High School on winning the 2021 UIL 5A wrestling state championship in the 120-pound division.
HR 1015 (by Stucky), Congratulating Caitlin Elise Nowlin on graduating from the University of North Texas in Denton.
HR 1016 (by Frullo), Congratulating the Lubbock High School girls' swimming & diving team on winning the 2021 UIL 5A state championship.
HR 1020 (by A. Johnson), Congratulating Alkiviades Boukas on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1021 (by A. Johnson), Congratulating Daniel Chen on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1022 (by A. Johnson), Congratulating Evie Tsen-Ying Kao on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1023 (by A. Johnson), Congratulating Angela Ling on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1024 (by A. Johnson), Congratulating Miles Mackenzie on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1025 (by A. Johnson), Congratulating Wenson Tsiah-Hao Tang on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1026 (by A. Johnson), Congratulating Christopher Zhou on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1027 (by A. Johnson), Congratulating Annie Zhu on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1028 (by A. Johnson), Congratulating Shirley Zhu on graduating as valedictorian of the Class of 2021 at Bellaire High School.
HR 1031 (by Hinojosa), Honoring the participants in the 2021 Texas Folklife Apprenticeship in the Folk and Traditional Arts Program.
HR 1032 (by Herrero), Congratulating Ruben Perez on his retirement as Fire Chief of Naval Air Station Corpus Christi.
HR 1033 (by A. Johnson), Congratulating the Rice University women's basketball team on winning the 2021 Women's National Invitation Tournament.
HR 1035 (by Ordaz Perez), Congratulating Norma Myers, principal of Capistrano Elementary School in El Paso, on being honored as the 2021 Region 19 TEPSAN of the Year by the Texas Elementary Principals and Supervisors Association.
HR 1036 (by Ordaz Perez), Commending YWCA El Paso del Norte Region for its service to the community during the COVID-19 pandemic.
HR 1037 (by Ordaz Perez), Congratulating the El Paso Chapter of Credit Unions for receiving a 2020 Chapter of the Year Award from the Cornerstone Credit Union League.
HR 1038 (by Ordaz Perez), Commending Astro the pit bull terrier mix for heroically assisting his owner during a medical emergency.
HR 1039 (by Ordaz Perez), Congratulating Amanda Martinez of Bel Air High School in El Paso for placing third in the combined all-around competition at the 2021 Texas High School State Gymnastics Championship.
HR 1040 (by White), Honoring Mayor Floyd Petri of Chester for his achievements in military and public service.
HR 1041 (by E. Morales), Congratulating Joe Morales on his retirement as assistant principal of Memorial Junior High in Eagle Pass ISD.
HR 1042 (by Fierro), Commending Estine Davis of El Paso for her contributions to the community.
HR 1043 (by Fierro), Congratulating Vincent Sheffield on his appointment as interim superintendent of El Paso ISD.
HR 1044 (by Darby), Commending the Texas Department of Public Safety for protecting the Capitol Complex in Austin and extending appreciation to all members of the agency.
HR 1045 (by A. Johnson), Honoring historians Betty Trapp Chapman and Anne Hulme Sloan for curating The Heritage Society exhibit "Houston Women Cast Their Ballots: Celebrating 100 Years of the Right to Vote."
HR 1047 (by Buckley), Honoring Clifton Park Elementary School on the occasion of its farewell ceremony at the Trimmier Road campus in Killeen.
HR 1048 (by White), Congratulating Cameron Thomas on helping the Stephen F. Austin State University coed cheer squad win second place at the 2021 College Cheer and Dance National Championship.
HR 1050 (by Sherman), Congratulating Megan Rios on her selection as the 2020-2021 Teacher of the Year at Plummer Elementary in Cedar Hill ISD.
HR 1051 (by Raymond), Congratulating former Dallas Cowboys head coach Jimmy Johnson on his induction into the Pro Football Hall of Fame.
HR 1053 (by Holland), Recognizing June 12, 2021, as Texas Pie Fest Day.
HR 1055 (by Herrero), Congratulating Mike Markle on his retirement as chief of the Corpus Christi Police Department.
HR 1056 (by Herrero), Commending Senior Officer Alex Labatto of the Corpus Christi Police Department for saving the life of a fellow citizen.
HR 1057 (by Herrero), Commending Captain Denny Asbury for 35 years of service to the Corpus Christi Police Department.
HR 1058 (by Herrero), Congratulating Senior Officer Edward Kearney on his retirement from the Corpus Christi Police Department.
HR 1059 (by Herrero), Congratulating Senior Officer Karl Wright on his retirement from the Corpus Christi Police Department.
HR 1060 (by Herrero), Congratulating Senior Officer David Gonzalez on his retirement from the Corpus Christi Police Department.
HR 1061 (by Herrero), Congratulating Senior Officer Richard Olden on his retirement from the Corpus Christi Police Department.
HR 1062 (by Herrero), Congratulating Senior Officer Tracy Roberts on his retirement from the Corpus Christi Police Department.
HR 1063 (by Herrero), Congratulating Senior Officer Jeffrey Mills on his retirement from the Corpus Christi Police Department.
HR 1064 (by Herrero), Congratulating Detective Joe Garza on his retirement from the Corpus Christi Police Department.
HR 1065 (by Herrero), Congratulating Senior Officer Shawn Kleven on his retirement from the Corpus Christi Police Department.
HR 1067 (by Dean), Congratulating Monsignor Xavier Pappu of St. Matthew Catholic Church in Longview on the 40th anniversary of his ordination as a priest.
HR 1068 (by Fierro), Congratulating Brayden Davis of Lincoln Middle School in El Paso for his outstanding performance in the 2021 Texas Math and Science Coaches Association Middle School State Meet.
HR 1070 (by J.D. Johnson), Congratulating Dr. Ruth Simmons, president of Prairie View A&M University, on her selection as principal speaker for the 2021 Harvard University commencement celebration.
HR 1071 (by Parker), Congratulating the Argyle High School band on winning the UIL 4A State Open Class Marching Band Contest.
HR 1072 (by Parker), Congratulating the Flower Mound High School girls' soccer team on winning the 2021 UIL 6A state championship.
HR 1073 (by Parker), Congratulating the Ponder High School girls' basketball team on advancing to the semifinals of the 2021 3A state playoffs.
HR 1080 (by Kacal), Congratulating Joseph Frazier Radcliffe of Waco on his 100th birthday and recognizing him as an honorary Texan.
HR 1081 (by K. King), Commemorating the 100th anniversary of First National Bank of Quitaque.
HR 1082 (by Meza), Honoring Dr. Yuba Raj Khatiwada, Nepal's ambassador to the United States, on the occasion of his visit to Irving.
HR 1084 (by Neave), Congratulating the Lakehill Preparatory School football team on winning the 2020 TAPPS Six-Man Division II state championship.
HR 1086 (by Jetton), Recognizing May 2021 as ALS Awareness Month.
HR 1088 (by Jetton), Commending the Chinese American business owners of Fort Bend County for their service to their communities.
HR 1089 (by Kacal), Commemorating the 35th anniversary of Brookhaven Youth Ranch.
HR 1092 (by Murr), Congratulating Rebecca Lange for her service as Llano County attorney.
HR 1093 (by Huberty), Commending Matthew Lair for his service as an intern in the office of State Representative Dan Huberty.
HR 1094 (by Murr), Congratulating Johnny Mayo on his retirement as Schleicher County Precinct 1 commissioner.
HR 1095 (by Murr), Congratulating Scott Monroe on his retirement as the district attorney for the 198th Judicial District of Texas.
HR 1096 (by Murr), Congratulating David R. Doran on his retirement as sheriff of Schleicher County.
HR 1097 (by Murr), Commending the Honorable Keith Williams on his service as judge of the 216th District Court.
HR 1098 (by Murr), Commending Bob Reeves for his service as Kerr County tax assessor-collector.
HR 1099 (by Raymond), Commending the work of El Camino Real de los Tejas National Historic Trail Association.
HR 1100 (by Herrero), Congratulating Dr. Max Thompson on his retirement as superintendent of the Banquete Independent School District.
HR 1101 (by Frullo), Commemorating the 100th anniversary of the Rotary Club of Lubbock.
HR 1102 (by C. Morales), Honoring the Houston-based band the Fab 5 for its accomplishments.
HR 1103 (by Ortega), Congratulating Austin High School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1104 (by Ortega), Congratulating Logan Elementary School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1105 (by Ortega), Congratulating Colin L. Powell Elementary School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1112 (by Lopez), Congratulating Katie N. Reed on her retirement from the Northside ISD school board.
HR 1113 (by Oliverson), Honoring the Texas Pediatric Society on the occasion of its 100th anniversary.
HR 1115 (by Sherman), Commending Candace Quarles for her service to the DeSoto City Council.
HR 1116 (by Sherman), Congratulating Patricia A. Davis on her retirement from the Dallas College Cedar Valley Campus.
HR 1118 (by Slaton), Honoring entrepreneur and explorer Victor L. Vescovo of Dallas for his accomplishments.
HR 1119 (by Price), Congratulating the Panhandle High School girls' basketball team on advancing to the UIL 2A semifinals.
HR 1120 (by Price and K. King), Recognizing the Stanley Lamb farm for more than a century of operation in the Texas Panhandle.
HR 1122 (by Ordaz Perez), Congratulating Bliss Elementary School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1123 (by Ordaz Perez), Congratulating Ross Middle School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1124 (by Ordaz Perez), Congratulating Hughey Elementary School in El Paso ISD on receiving the Texas Purple Star Campus Designation from the Texas Education Agency.
HR 1125 (by A. Johnson), Honoring Baylor College of Medicine for its service during the COVID-19 pandemic.
HR 1126 (by Cook), Congratulating Tamera J. Bounds on her election to the Mansfield City Council.
HR 1127 (by Cook), Congratulating Todd Tonore on his election to the Mansfield City Council.
HR 1128 (by Cook), Congratulating Glenn Mayer of Arlington on his 90th birthday.
HR 1129 (by Dean), Congratulating Jasmyne Nelms of St. Mary's Catholic School in Longview on participating in the 2021 TAPPS Track and Field State Championships.
HR 1130 (by Dean), Congratulating Rebecca Dunn of St. Mary's Catholic School in Longview on participating in the 2021 TAPPS Track and Field State Championships.
HR 1131 (by Dean), Congratulating Kassidy McCullough of St. Mary's Catholic School in Longview for winning the bronze medal in the 1A women's shot put at the 2021 TAPPS Track and Field State Championships.
HR 1132 (by Dean), Congratulating Dominic Tucker of St. Mary's Catholic School in Longview on participating in the 2021 TAPPS Track and Field State Championships.
HR 1133 (by Dean), Congratulating Dewey Nelms of St. Mary's Catholic School in Longview on participating in the 2021 TAPPS Track and Field State Championships.
HR 1134 (by Dean), Congratulating Marlin Reeves of Trinity School of Texas in Longview on his participation in the 2021 TAPPS Track and Field State Championships.
HR 1135 (by Dean), Congratulating T. J. Daniels of Longview Christian School on participating in the 2021 TAPPS Track and Field State Championships.
HR 1136 (by Dean), Congratulating Raven East of Longview Christian School on participating in the 2021 TAPPS Track and Field State Championships.
HR 1137 (by Dean), Congratulating Evan Hodge of St. Mary's Catholic School in Longview on winning two medals at the 2021 TAPPS Track and Field State Championships.
HR 1138 (by Dean), Congratulating Georgia Scott of Trinity School of Texas on winning four medals at the 2021 TAPPS Track and Field State Championships.
The resolutions were adopted.
The following memorial resolutions were laid before the house:
HCR 106 (by Paul), In memory of Alayna Kay McDonald.
HR 1017 (by Murr), In memory of Lorelei Hankins of Rocksprings.
HR 1018 (by Morales Shaw), In memory of Linda Lelia Susan "Muffie" Moroney of Houston. (Leman recorded voting no.)
HR 1046 (by Cason), In memory of former Bedford Fire Chief James Lauren Tindell.
HR 1049 (by Davis), In memory of Opal M. Allen of San Angelo.
HR 1052 (by Sanford), In memory of Linda Fincher Nevil of Anna.
HR 1054 (by Neave), In memory of Pamela Christine Brandes Tackett of Austin.
HR 1066 (by Herrero), In memory of Senior Officer Charlie "Chuck" Williams Jr. of the Corpus Christi Police Department.
HR 1069 (by P. King), In memory of Christopher Ray Vardy of Fort Worth.
HR 1074 (by Parker), In memory of Vincent Michael Jones of Justin.
HR 1075 (by Parker), In memory of Roanoke City Council member Steven Heath.
HR 1076 (by Parker), In memory of U.S. Navy Midshipman Duke Anthony Carrillo.
HR 1077 (by Parker), In memory of Denton County Chief Deputy Constable Wayne Rhodes.
HR 1078 (by Parker), In memory of Jessica Courtney Duke.
HR 1079 (by Parker), In memory of Dylan Dorrell of Denton.
HR 1083 (by Wu), In memory of Leonard F. LaNoue of Houston.
HR 1085 (by Sanford), In memory of John Edward Gay, former mayor of McKinney.
HR 1087 (by Jetton), In memory of John William "Bill" Hartman of Richmond.
HR 1090 (by Murr), In memory of retired Kerr County judge Spencer Whitewood Brown.
HR 1091 (by Murr), In memory of G. Stanley Toeppich of Mason County.
HR 1106 (by Morrison), In memory of Earley Elton Calhoun Jr. of Victoria.
HR 1107 (by Lopez), In memory of Raul Basaldua Medrano of San Antonio.
HR 1108 (by Lopez), In memory of Cosmo Frank Guido of San Antonio.
HR 1109 (by Lopez), In memory of Epifanio "Prieto" Quiroga Jr. of San Antonio.
HR 1110 (by Lopez), In memory of John P. "Jack" Riegel III.
HR 1111 (by Lopez), In memory of Daniel B. Markson of San Antonio.
HR 1114 (by E. Morales), In memory of Jeff Davis County Judge Kerith Risa Sproul-Hurley.
HR 1117 (by Lopez), In memory of Vidal Castillo of San Antonio.
HR 1121 (by E. Morales), In memory of Ricardo Treviño of Eagle Pass.
SCR 43 (Hefner - House Sponsor), In memory of Michael Phillip Smith of Tyler.
The resolutions were unanimously adopted by a rising vote.
(Speaker pro tempore in the chair)
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
SECOND READING
The following bills were laid before the house, read second time, and passed to engrossment or third reading (members registering votes are shown following the caption), and the following resolutions were laid before the house on committee report:
HB 424 was moved to the end of today's local, consent, and resolutions calendar.
HB 578 (by J. Turner, Allison, Price, and Coleman), A bill to be entitled An Act relating to the health literacy advisory committee and health literacy in the state health plan. (Anderson, C. Bell, Buckley, Cain, Capriglione, Cason, Clardy, Cook, Craddick, Cyrier, Ellzey, Gates, Harris, Hefner, Hull, Krause, Leach, Leman, Metcalf, Middleton, Noble, Oliverson, Parker, Paul, Sanford, Schaefer, Shaheen, Slaton, Slawson, Swanson, E. Thompson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 1157 (by Vo), A bill to be entitled An Act relating to hiring and licensing certain veterans as peace officers.
CSHB 1400 (by Swanson, Tinderholt, Pacheco, Dominguez, et al.), A bill to be entitled An Act relating to the creation of the criminal offense of impersonating a private investigator. (Buckley, Cain, Ellzey, Gates, Harris, Krause, Middleton, Oliverson, Slaton, Spiller, Toth, Vasut, and Wilson recorded voting no.)
HB 1507 (by Middleton, et al.), A bill to be entitled An Act relating to an entity responsible for the local share of qualified project costs under the ship channel improvement revolving fund. (Allison, K. Bell, Harless, Patterson, Slaton, and Slawson recorded voting no.)
HB 1524 (by Lucio), A bill to be entitled An Act relating to the prescribing and ordering of Schedule II controlled substances by certain advanced practice registered nurses and physician assistants. (Anderson, Burns, Holland, Landgraf, Middleton, Murr, Paul, Sanford, Slaton, Swanson, E. Thompson, and VanDeaver recorded voting no.)
HB 1678 (by Raymond), A bill to be entitled An Act relating to the confidentiality of certain autopsy records.
HB 1852 (by Sanford), A bill to be entitled An Act relating to the definition of "closing" for purposes of certain private activity bonds. (Patterson, Slaton, and Tinderholt recorded voting no.)
CSHB 2156 (by Raymond), A bill to be entitled An Act relating to the purchase of a United States flag or Texas flag by a governmental agency.
CSSB 1642 (Perez - House Sponsor), in lieu of HB 2194, A bill to be entitled An Act relating to the administration of navigation districts. (Allison, K. Bell, Harless, Middleton, Patterson, Slaton, Slawson, Tinderholt, and Wilson recorded voting no.)
Representative Perez moved to lay HB 2194 on the table subject to call, and the motion prevailed.
HB 2222 (by Canales, et al.), A bill to be entitled An Act relating to a study by the Texas Department of Transportation on future transportation needs for the year 2045. (C. Bell, Cain, Capriglione, Clardy, Cyrier, Ellzey, Gates, Harris, Hefner, Krause, Metcalf, Middleton, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 2269 (by J. Turner), A bill to be entitled An Act relating to a requirement for and the contents of a declarations page required for certain standard insurance policy forms for personal automobile insurance. (C. Bell, Buckley, Cain, Capriglione, Cason, Clardy, Cyrier, Gates, Hefner, Krause, Metcalf, Middleton, Oliverson, Patterson, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
Amendment No. 1
Representative J. Turner offered the following amendment to HB 2269:
Amend HB 2269 (house committee report) on page 1, line 18, between "increase" and "from", by inserting "during the policy term".
Amendment No. 1 was adopted.
CSHB 2333 (by Howard, Rose, and Guerra), A bill to be entitled An Act relating to the establishment of the home nursing visitation for newborn caregivers competitive grant program. (Allison, Anderson, C. Bell, K. Bell, Buckley, Cain, Capriglione, Cason, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Harless, Harris, Hefner, Hull, Krause, Leman, Metcalf, Noble, Oliverson, Paul, Sanford, Shaheen, Slaton, Slawson, Spiller, E. Thompson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 2371 (by Morales Shaw, Minjarez, et al.), A bill to be entitled An Act relating to the evaluation of applications for certain financial assistance administered by the Texas Department of Housing and Community Affairs. (Allison, Anderson, Ashby, C. Bell, K. Bell, Buckley, Craddick, Darby, Dean, Ellzey, Geren, Harless, Harris, Lambert, Leman, Metcalf, Middleton, Oliverson, Parker, Patterson, Paul, Sanford, Shine, Slaton, Slawson, Spiller, Stucky, E. Thompson, and Tinderholt recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 2435 (by Cain, Perez, Paul, and Canales), A bill to be entitled An Act relating to the imposition of tolls on Fairmont Parkway in Harris County. (Allison, K. Bell, Harless, Lambert, and Patterson recorded voting no.)
SB 2162 (Perez - House Sponsor), in lieu of HB 2606, A bill to be entitled An Act relating to the creation of the Harris County Municipal Utility District No. 578; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Representative Perez moved to lay HB 2606 on the table subject to call, and the motion prevailed.
CSHB 2815 (by C. Turner), A bill to be entitled An Act relating to the Texas Armed Services Scholarship Program. (Oliverson, Slaton, Slawson, and Spiller recorded voting no.)
SB 2164 (C. Bell - House Sponsor), in lieu of HB 2837, A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 201; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Representative C. Bell moved to lay HB 2837 on the table subject to call, and the motion prevailed.
HB 2864 (by Collier), A bill to be entitled An Act relating to the governance and administration of the Texas Indigent Defense Commission and to certain disclosures made in relation to the provision of funding for indigent defense services. (Allison, K. Bell, Buckley, Cain, Dean, Ellzey, Gates, Harless, Harris, Middleton, Oliverson, Slaton, Slawson, Toth, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3044 (by Howard), A bill to be entitled An Act relating to certain criminal history record information obtained by certain facilities and private agencies on behalf of facilities. (K. Bell, Cason, Ellzey, Harless, Harris, Middleton, Patterson, Slaton, Slawson, and Wilson recorded voting no.)
HB 3068 (by Slaton), A bill to be entitled An Act relating to the designation of a portion of State Highway 276 in Hunt and Rains Counties as the Staff Sergeant Shawn Henry McNabb Memorial Bridge. (Dean recorded voting no.)
CSHB 3140 (by C. Bell and Oliverson), A bill to be entitled An Act relating to the creation of the Harris-Waller Counties Municipal Utility District No. 5; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Capriglione, Clardy, Cook, Dean, Ellzey, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3253 (by Jetton), A bill to be entitled An Act relating to meetings held by certain conservation and reclamation districts. (Patterson and Slaton recorded voting no.)
HB 3264 (by Dominguez, Guillen, and Lucio), A bill to be entitled An Act relating to the establishment by the Texas Workforce Commission of a workplace soft skills training pilot program. (Allison, C. Bell, K. Bell, Buckley, Cain, Capriglione, Cason, Clardy, Cook, Cyrier, Ellzey, Gates, Harless, Harris, Hefner, Krause, Leach, Leman, Metcalf, Middleton, Noble, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Smith, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 3340 (by Swanson), A bill to be entitled An Act relating to the appeal of certain orders regarding dangerous dogs. (Patterson recorded voting no.)
CSHB 3363 (by Harless, Wilson, Raymond, P. King, and Morrison), A bill to be entitled An Act relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches. (Slaton and Tinderholt recorded voting no.)
CSHB 3375 (by Davis), A bill to be entitled An Act relating to certain benefits payable by the public retirement systems for police and fire fighters in certain municipalities. (J. Turner requested to be recorded voting present, not voting after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3375 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE PARKER: Representative, the substitute for this bill received, of course, unanimous support in our PIFS Committee because it's excellent in what it's trying to accomplish here to protect, obviously, beneficiaries during hardships. But the intention of the committee, Representative, was to keep the bill narrow in scope and not to expand it from its current form. I just want to make certain that that is your intent, not to expand the scope beyond what's currently being passed here today on the house floor.
REPRESENTATIVE DAVIS: In fact, that is exactly what we're trying to do. We want to make sure that this pension plan does not get injured in any way. However, in the original bill we filed, we had the "participant." Well, when an individual dies and leaves it to his beneficiary, they could not actually get benefits through the hardship program because they are not the participant. They are the person that it was left to. So we had to go in and we worked with the board of the pension plan to change that one word from "participant" to "person," so that as benefits are left for those families, if they have emergencies and if they have needs for hardship relief, this would allow them to access those funds. But nothing else changed in the plan. It's just a way to allow those family beneficiaries, whether it's a spouse or son or whatever, to actually receive benefits from that plan.
PARKER: And again, you have no intention to expand the scope. If it comes back from the senate with amendments, will you work with the committee to make certain we protect all the pensioners in the Dallas fire and police system?
DAVIS: We made a commitment to not only the pensioners but also the board who worked with us to allow us to make this change. It is no way our intention to expand, to open it up, to jeopardize the stability of the pension plan. We understand the importance and significance. But we had a situation where a couple of families, their husbands passed away and they were not able to get hardship. And they were having to sell personal assets to make their mortgage payments. So this was just a way to address that concern. But in no way are we expanding or doing anything to harm the plan.
REMARKS ORDERED PRINTED
Representative Parker moved to print remarks between Representative Davis and Representative Parker on CSHB 3375.
The motion prevailed.
HB 3432 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
HB 3436 (by C. Bell), A bill to be entitled An Act relating to the creation of the Waller County Municipal Utility District No. 40; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3438 (by C. Bell), A bill to be entitled An Act relating to the creation of the Waller County Municipal Utility District No. 9A; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3462 (by Morales Shaw), A bill to be entitled An Act relating to the designation of liaison officers to assist certain students at public institutions of higher education who are parents. (Capriglione, Cook, Craddick, Cyrier, Ellzey, Harris, Leman, Noble, Oliverson, Patterson, Shaheen, Slaton, Slawson, Spiller, Swanson, and Tinderholt recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3472 (by Deshotel), A bill to be entitled An Act relating to the investment and use of excess residential mortgage loan originator recovery fund fees and to the creation of the mortgage grant fund; changing a fee. (Allison, Anderson, K. Bell, Buckley, Cain, Capriglione, Cason, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Harris, Hefner, Hull, Krause, Leach, Leman, Noble, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, E. Thompson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Amendment No. 1
On behalf of Representative Deshotel, Representative Geren offered the following amendment to CSHB 3472:
Amend CSHB 3472 (house committee report) as follows:
(1) On page 2, line 27, between "collected" and "under", insert "by the commissioner".
(2) On page 3, line 21, between "collected" and "under", insert "by the commissioner".
Amendment No. 1 was adopted.
CSHB 3503 (by Lambert and Darby), A bill to be entitled An Act relating to the correction or removal of certain obsolete provisions of the Property Code. (Patterson and Slaton recorded voting no.)
CSHB 3531 (by Martinez), A bill to be entitled An Act relating to motor vehicle titles, registration, and license plates. (Gates, Krause, Middleton, Oliverson, Patterson, and Slaton recorded voting no.)
Amendment No. 1
On behalf of Representative Geren, Representative Martinez offered the following amendment to CSHB 3531:
Amend CSHB 3531 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Sections 502.454(a), (b), and (f), Transportation Code, are amended to read as follows:
(a) The owner of a commercial motor vehicle, trailer, or semitrailer may apply for registration under Section 502.451 and is exempt from the payment of the registration fee that would otherwise be required by this chapter if the vehicle is:
(1) owned [and used exclusively for emergencies] by a nonprofit disaster relief organization; and
(2) used by the organization exclusively for emergencies, training, equipment maintenance, transportation of disaster relief supplies, or other activities related to disaster relief.
(b) An application for registration under this section must include:
(1) a statement by the owner of the vehicle that the vehicle is used exclusively as [for] described by Subsection (a) [emergencies] and has not been used for any other purpose;
(2) a statement signed by an officer of the nonprofit disaster relief organization that the vehicle has [not] been used exclusively as described by Subsection (a) [for any purpose other than emergencies] and qualifies for registration under this section; and
(3) a reasonable description of the vehicle and the emergency equipment included in the vehicle.
(f) A vehicle registered under this section that is used [for any purpose] other than as described by Subsection (a) [an emergency] may not again be registered under this section.
Amendment No. 1 was adopted.
CSHB 3533 (by Martinez), A bill to be entitled An Act relating to the security requirement for the issuance or renewal of a motor vehicle dealer general distinguishing number or a wholesale motor vehicle auction general distinguishing number. (Buckley, Cain, Capriglione, Cason, Clardy, Cyrier, Ellzey, Harris, Hefner, Leach, Metcalf, Patterson, Schaefer, Shaheen, Slaton, Smith, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 3541 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
HB 3630 (by Metcalf), A bill to be entitled An Act relating to the designation of a portion of State Highway 242 in Montgomery County as the Sergeant Stacey Baumgartner Memorial Highway.
CSHB 3635 (by Frullo), A bill to be entitled An Act relating to vehicle modification services provided under the vocational rehabilitation program. (Cain, Ellzey, Harris, Patterson, Slaton, and Tinderholt recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 3740 (by Guillen, Muñoz, Ramos, Raymond, Guerra, et al.), A bill to be entitled An Act relating to the provision of home telemonitoring services under Medicaid. (C. Bell, Buckley, Cain, Capriglione, Cyrier, Ellzey, Gates, Harris, Hefner, Krause, Metcalf, Oliverson, Patterson, Shaheen, Slaton, Slawson, Smith, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 3750 (by Lucio and Guillen), A bill to be entitled An Act relating to financial assistance by the Texas Water Development Board for backup power generators in economically distressed areas for public water supply and sanitary sewer systems. (C. Bell, Buckley, Cain, Dean, Gates, Hefner, Krause, Metcalf, Middleton, Oliverson, Patterson, Slaton, Slawson, Spiller, Toth, Vasut, and Wilson recorded voting no.)
HB 3759 (by Guillen, et al.), A bill to be entitled An Act relating to requiring each state agency to post on the agency's Internet website information on suicide prevention. (Cook, Hull, Leman, Middleton, Noble, Oliverson, Patterson, Slaton, Slawson, and Spiller recorded voting no.)
CSHB 3802 (by Lozano and Guillen), A bill to be entitled An Act relating to requirements for public drinking water supply systems and certain rates and fees charged by water supply corporations. (C. Bell, Buckley, Cain, Capriglione, Cook, Dean, Ellzey, Gates, Harris, Hefner, Leach, Metcalf, Noble, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 1105 (Anchia - House Sponsor), in lieu of HB 3902, A bill to be entitled An Act relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System. (Buckley, Cain, Cason, Cook, Gates, Noble, Patterson, Toth, Vasut, and Wilson recorded voting no.)
Representative Bernal moved to lay HB 3902 on the table subject to call, and the motion prevailed.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
Anchia on motion of C. Turner.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
(consideration continued)
CSHB 3929 (by Bernal and Dean), A bill to be entitled An Act relating to the loss of benefits of and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.
CSHB 3951 (by Cortez, et al.), A bill to be entitled An Act relating to health benefit plan coverage for certain tests to detect prostate cancer. (C. Bell, Buckley, Cain, Cason, Clardy, Cook, Ellzey, Gates, Harris, Hefner, Krause, Leach, Leman, Metcalf, Noble, Oliverson, Schaefer, Slaton, Slawson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 1467 (Canales - House Sponsor), in lieu of HB 3993, A bill to be entitled An Act relating to The University of Texas Rio Grande Valley, to student fees imposed by the university, and to the elimination of certain obsolete statutory references in relation to the university. (C. Bell, Buckley, Cain, Capriglione, Clardy, Cyrier, Ellzey, Gates, Harris, Hefner, Krause, Leach, Leman, Metcalf, Middleton, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Toth, Vasut, and Wilson recorded voting no.)
Representative Canales moved to lay HB 3993 on the table subject to call, and the motion prevailed.
HB 4023 (by Martinez), A bill to be entitled An Act relating to establishing a pilot program to employ a life skills counselor at public high school campuses in certain counties. (C. Bell, Buckley, Cain, Capriglione, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Harris, Hefner, Krause, Leach, Leman, Metcalf, Middleton, Noble, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Smith, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4058 (by Meza), A bill to be entitled An Act relating to a study on the provision of applied behavior analysis services to children with autism under Medicaid and other public benefits programs. (Anderson, C. Bell, Buckley, Burns, Cain, Capriglione, Clardy, Cook, Craddick, Cyrier, Ellzey, Gates, Harris, Hefner, Holland, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Patterson, Paul, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 4124 (by Hinojosa), A bill to be entitled An Act relating to student enrollment in certain special-purpose districts and the allotment under the public school finance system for those districts. (Buckley, Cain, Clardy, Cook, Dean, Ellzey, Gates, Harris, Leach, Leman, Metcalf, Noble, Oliverson, Patterson, Schaefer, Slawson, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4176 (by Guillen, Muñoz, Ramos, Raymond, and Guerra), A bill to be entitled An Act relating to performance criteria for the award of adult education and literacy funds. (Buckley, Cain, Gates, Middleton, Oliverson, Patterson, Slaton, Slawson, Spiller, Toth, Vasut, and Wilson recorded voting no.)
HB 4184 (by Guillen, Muñoz, Ramos, Raymond, and Guerra), A bill to be entitled An Act relating to the licensing and regulation of certain drug and alcohol related court-ordered educational programs; providing administrative penalties; requiring occupational licenses; authorizing fees; creating criminal offenses. (Allison, K. Bell, Cason, Clardy, Dean, Ellzey, Harless, Harris, Hull, Leach, Leman, Middleton, Schaefer, Slaton, and Slawson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 4338 (by A. Johnson), A bill to be entitled An Act relating to the representation of a community supervision and corrections department in cases in which a person under the supervision of that department challenges the fact or duration of the supervision. (Buckley, Cain, Cook, Gates, Noble, Oliverson, Slaton, Spiller, Toth, and Vasut recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4486 (by Guillen, Muñoz, Ramos, Raymond, and Guerra), A bill to be entitled An Act relating to procedures for identifying defendants suspected of having a mental illness or intellectual disability. (Cason, Clardy, Leach, Oliverson, Schaefer, and Slaton recorded voting no.)
CSHB 4535 (by Guillen), A bill to be entitled An Act relating to axle weight limitations for certain vehicles transporting aggregates. (K. Bell, Cook, Harless, Noble, and Tinderholt recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 4539 (by Cain, Paul, Perez, Canales, and Middleton), A bill to be entitled An Act relating to the prohibition of tolls on portions of State Highway 146 and State Highway 99. (Patterson recorded voting no.)
Amendment No. 1
On behalf of Representative Middleton, Representative Cain offered the following amendment to CSHB 4539:
Amend CSHB 4539 (house committee printing) on page 1, lines 18 and 19, by striking "crossing of Cedar Bayou" and substituting "intersection with Interstate 10".
Amendment No. 1 was adopted.
HB 4580 (by Metcalf), A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 202; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4584 (by Ellzey), A bill to be entitled An Act relating to the creation of the Sterrett Road Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 2207 (Smith - House Sponsor), in lieu of HB 4586, A bill to be entitled An Act relating to the creation of the Grayson County Municipal Utility District No. 8; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Representative Smith moved to lay HB 4586 on the table subject to call, and the motion prevailed.
HB 4589 (by Sanford), A bill to be entitled An Act relating to the creation of the LC Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4590 (by Sanford), A bill to be entitled An Act relating to the creation of the TRR 243 Municipal Management District; providing authority to issue bonds and impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4591 (by Sanford), A bill to be entitled An Act relating to the creation of the Blue Meadow Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 2219 (Smith - House Sponsor), in lieu of HB 4596, A bill to be entitled An Act relating to the creation of the Heritage Ranch Municipal Utility District No. 1 of Grayson County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Representative Smith moved to lay HB 4596 on the table subject to call, and the motion prevailed.
HB 4597 (by E. Thompson), A bill to be entitled An Act relating to validating certain acts and proceedings of the East Lake Houston Management District and to the authority of the district to exercise certain powers, issue bonds, and impose fees, taxes, and assessments. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 2173 (Metcalf - House Sponsor), in lieu of HB 4600, A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 207; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Representative Metcalf moved to lay HB 4600 on the table subject to call, and the motion prevailed.
HB 4605 (by Bailes), A bill to be entitled An Act relating to the creation of the New Waverly Municipal Management District No. 1; providing authority to issue bonds and impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Cason, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4615 (by Gates), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 249; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4616 (by Gates), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 246; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4617 (by K. Bell and Holland), A bill to be entitled An Act relating to the qualifications and method of electing directors of the High Point Special Utility District of Kaufman and Rockwall Counties. (Ashby, Bonnen, Buckley, Burrows, Cain, Cook, Ellzey, Gates, Geren, Goldman, Harris, Lambert, Middleton, Noble, Patterson, Shine, Slawson, Stucky, Swanson, Tinderholt, Toth, and Vasut recorded voting no.)
HB 4619 (by Stucky), A bill to be entitled An Act relating to the creation of the Earthland Farms Municipal Management District; providing authority to issue bonds; providing authority to impose assessments and fees; granting a limited power of eminent domain. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4623 (by Leman), A bill to be entitled An Act relating to the creation of the Austin County Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4624 (by M. González), A bill to be entitled An Act relating to the territory of the Horizon Regional Municipal Utility District. (Allison, C. Bell, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Noble, Patterson, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 2216 (Metcalf - House Sponsor), in lieu of HB 4625, A bill to be entitled An Act relating to the powers and duties of the East Montgomery County Municipal Utility District No. 14; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Representative Metcalf moved to lay HB 4625 on the table subject to call, and the motion prevailed.
HB 4627 (by Sanford), A bill to be entitled An Act relating to the creation of the Uptown Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4628 (by P. King), A bill to be entitled An Act relating to the creation of the Veale Ranch Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting the power of eminent domain. (Allison, K. Bell, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4629 (by Stucky), A bill to be entitled An Act relating to the creation of the Agora Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4630 (by P. King), A bill to be entitled An Act relating to the creation of the Parker County Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain. (Allison, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4633 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
HB 4634 (by Stephenson), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 250; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4635 (by C. Bell), A bill to be entitled An Act relating to the creation of the Waller County Municipal Utility District No. 38; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4638 (by Bucy), A bill to be entitled An Act relating to the creation of the City of Leander Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Bucy offered the following amendment to HB 4638:
Amend HB 4638 (house committee printing) as follows:
(1) On page 1, line 2, strike "City of".
(2) On page 7, line 3, between "board" and the underlined period, insert "and may not exceed the amount of expenses budgeted for a member of the governing body of the city".
(3) On page 8, line 15, between "city," and "the", insert "the district,".
(4) On page 10, line 10, between "programs" and "to", insert "with the prior consent of the governing body of the city in accordance with the development agreement".
(5) On page 10, line 17, strike "provides" and substitute "and Subchapter A, Chapter 1509, Government Code, provide".
(6) On page 11, line 21, between "resolution" and "shall", insert "with the prior consent of the governing body of the city in accordance with the development agreement".
(7) On page 13, lines 13-14, strike "the property is used as office space" and substitute "in accordance with an agreement with the city".
Amendment No. 1 was adopted.
HB 4639 (by C. Bell), A bill to be entitled An Act relating to the powers and duties of the Conroe Municipal Management District No. 1, including the power to undertake and finance projects through taxes and bonds as a levee improvement district. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4641 (by Metcalf), A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 209; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4642 (by Stephenson), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 253; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4645 (by Cyrier), A bill to be entitled An Act relating to the creation of the Wildwood Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4647 (by Rodriguez), A bill to be entitled An Act relating to the creation of the Mustang Ridge Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4648 (by C. Bell), A bill to be entitled An Act relating to the powers, duties, territory, and governance of the Westwood Magnolia Parkway Improvement District; creating a criminal offense. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4649 (by Metcalf), A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 198; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4650 (by Rodriguez), A bill to be entitled An Act relating to the creation of the East Central Travis County Conservation and Reclamation District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Rodriguez offered the following amendment to HB 4650:
Amend HB 4650 (house committee report) as follows:
(1) On page 7, between lines 7 and 8, insert the following:
Sec. 7953A.0307. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
(2) On page 34, strike lines 2-11 and renumber subsequent SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
HB 4652 (by Metcalf), A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 208; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4654 (by Metcalf), A bill to be entitled An Act relating to the creation of the Montgomery County Municipal Utility District No. 210; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4658 (by Bailes), A bill to be entitled An Act relating to the creation of the Huntsville Municipal Utility District No. 1 of Walker County, Texas; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4659 (by Bonnen), A bill to be entitled An Act relating to the authority of the City of Kemah Municipal Management District No. 1 to provide water and sewer service, exercise certain powers, issue bonds, and impose fees, taxes, and assessments and to the validation of certain acts and proceedings of the district. (Allison, K. Bell, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4662 (by E. Thompson), A bill to be entitled An Act relating to the creation of the Brazoria County Municipal Utility District No. 86; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4663 (by Martinez, Canales, Muñoz, Guerra, and Longoria), A bill to be entitled An Act relating to the powers of the Hidalgo County Drainage District Number 1; authorizing the issuance of bonds. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4664 (by Bailes), A bill to be entitled An Act relating to authorizing the sale of certain real property by the State of Texas to the Trinity River Authority of Texas. (Buckley, Cain, Cook, Dean, Gates, Hefner, Holland, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Shine, Slawson, Stucky, Swanson, Toth, Vasut, and Wilson recorded voting no.)
HB 4665 (by Sanford), A bill to be entitled An Act relating to the creation of the Raintree Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes. (Allison, Ashby, K. Bell, Bonnen, Buckley, Burrows, Cain, Capriglione, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HCR 7 (by Raymond), A bill to be entitled An Act directing the Texas Facilities Commission to rename the TWC building the Lloyd M. Bentsen State Office Building.
HCR 7 was adopted by (Record 1087): 145 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; 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; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; 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; Moody(C).
Absent, Excused — Anchia; Coleman; Raney.
HCR 103 (by Sanford), A bill to be entitled An Act designating Celina as the official Halloween Capital of North Texas for a 10-year period beginning in 2021.
HCR 103 was adopted by (Record 1088): 144 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; 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; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; 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.
Nays — Middleton.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Anchia; Coleman; Raney.
STATEMENT OF VOTE
When Record No. 1088 was taken, I was shown voting yes. I intended to vote no.
Slaton
CSHB 4368 (by Rodriguez, Howard, Israel, and Hinojosa), A bill to be entitled An Act relating to participation in, contributions to, and the benefits and administration of retirement systems for police officers in certain municipalities. (Dean, Metcalf, Patterson, and Swanson recorded voting no.)
Amendment No. 1
Representative Rodriguez offered the following amendment to CSHB 4368:
Amend CSHB 4368 (house committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1. Section 1.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Subdivisions (2) and (4) and adding Subdivisions (1-a), (2-a), (3-a), (3-b), (6-a), (6-b), (6-c), (6-d), (6-e), (10-a), (11-a), (13-a), (13-b), (13-c), (15-a), (15-b), (15-c), (15-d), (15-e), (17-a), (18-a), (18-b), (19-a), (19-b), (23-a), (29-a), and (29-b) to read as follows:
(1-a) "Actuarial accrued liability" means the portion of the actuarial present value of projected benefits of the police retirement system attributed to past periods of member service based on the cost method used in the risk sharing valuation study prepared under Section 8.03 or 8.04 of this Act, as applicable.
(2) "Actuarial equivalent" means any benefit of equal present value to a standard benefit when computed as specified by this Act, based on the actuarial assumptions adopted by the police retirement board for that purpose.
(2-a) "Actuarial value of assets" means the value of the police retirement system's investments as calculated using the asset smoothing method used in the risk sharing valuation study prepared under Section 8.03 or 8.04 of this Act, as applicable.
(3-a) "Amortization period" means:
(A) the period necessary to fully pay a liability layer; or
(B) if referring to the amortization period of the police retirement system as a whole, the number of years incorporated in a weighted average amortization factor for the sum of the legacy liability and all liability layers as determined in each annual actuarial valuation of assets and liabilities of the system.
(3-b) "Amortization rate" means, for a given calendar year, the percentage rate determined by:
(A) adding the scheduled amortization payments required to pay off the then-existing liability layers;
(B) subtracting the city legacy contribution amount for the same calendar year, as determined in the risk sharing valuation study prepared under Section 8.03 or 8.04 of this Act, as applicable, from the sum under Paragraph (A); and
(C) dividing the sum under Paragraph (B) by the projected pensionable payroll for the same calendar year.
(4) "Average final compensation" means the monthly average of basic hourly earnings of a member during, as applicable:
(A) if the member has 120 months or more of service during which the member made contributions to the system or the predecessor system, the 36 months for a group A member or 60 months for a group B member which yielded the highest average during the last 120 months of membership service during which the member contributed to the system or the predecessor system;
(B) if the member has less than 120 months of membership service during which the member contributed to the system or the predecessor system, but has at least 36 months of membership service for a group A member or 60 months of membership service for a group B member during which the member made contributions to the system or the predecessor system, the average of the 36 months or 60 months, as applicable, which yielded the highest average; or
(C) if the member does not have 36 months of membership service for a group A member or 60 months of membership service for a group B member during which the member contributed to the system or the predecessor system, the average of the member's months of membership service during which the member made contributions to the system or the predecessor system.
(6-a) "City contribution rate" means, for a given calendar year, a percentage rate equal to the sum of the employer normal cost rate and the amortization rate, as adjusted under Section 8.05 or 8.06 of this Act, if applicable.
(6-b) "City legacy contribution amount" means, for each calendar year, a predetermined payment amount expressed in dollars in accordance with a payment schedule amortizing the legacy liability for the calendar year ending December 31, 2020, that is included in the initial risk sharing valuation study under Section 8.03 of this Act.
(6-c) "Corridor" means the range of city contribution rates that are:
(A) equal to or greater than the minimum city contribution rate; and
(B) equal to or less than the maximum city contribution rate.
(6-d) "Corridor margin" means five percentage points.
(6-e) "Corridor midpoint" means the projected city contribution rate specified for each calendar year for 30 years as provided by the initial risk sharing valuation study under Section 8.03 of this Act, rounded to the nearest hundredths decimal place.
(10-a) "Employer normal cost rate" means, for a given calendar year, the normal cost rate minus the applicable member contribution rate determined under Section 8.01 of this Act.
(11-a) "Estimated city contribution rate" means, for a given calendar year, the city contribution rate that would be required to maintain an amortization period for the retirement system as a whole of no more than 30 years as determined by the system's actuary in a risk sharing valuation study under Section 8.03 or 8.04 of this Act, as applicable, and before any adjustment to the rate under Section 8.05 or 8.06 of this Act, as applicable.
(13-a) "Funded ratio" means the ratio of the actuarial value of assets divided by the actuarial accrued liability.
(13-b) "Group A member" means a member included in group A membership under Section 4.01(e-1) of this Act.
(13-c) "Group B member" means a member included in group B membership under Section 4.01(e-1) of this Act.
(15-a) "Legacy liability" means the unfunded actuarial accrued liability determined as of December 31, 2020, and for each subsequent calendar year, adjusted as follows:
(A) reduced by the city legacy contribution amount for the calendar year allocated to the amortization of the legacy liability; and
(B) adjusted by the assumed rate of return adopted by the police retirement board for the calendar year.
(15-b) "Level percent of payroll method" means the amortization method that defines the amount of the liability layer recognized each calendar year as a level percent of pensionable payroll until the amount of the liability layer remaining is reduced to zero.
(15-c) "Liability gain layer" means a liability layer that decreases the unfunded actuarial accrued liability.
(15-d) "Liability layer" means:
(A) the legacy liability established in the initial risk sharing valuation study under Section 8.03 of this Act; or
(B) for calendar years after December 31, 2020, the amount that the police retirement system's unfunded actuarial accrued liability increases or decreases, as applicable, due to the unanticipated change for the calendar year as determined in each subsequent risk sharing valuation study prepared under Section 8.04 of this Act.
(15-e) "Liability loss layer" means a liability layer that increases the unfunded actuarial accrued liability. For purposes of this Act, the legacy liability is a liability loss layer.
(17-a) "Maximum city contribution rate" means, for a given calendar year, the rate equal to the corridor midpoint plus the corridor margin.
(18-a) "Minimum city contribution rate" means, for a given calendar year, the rate equal to the corridor midpoint minus the corridor margin.
(18-b) "Normal cost rate" means, for a given calendar year, the salary weighted average of the individual normal cost rates determined for the current active member population, plus the assumed administrative expenses determined in the most recent actuarial experience study.
(19-a) "Payoff year" means the year a liability layer is fully amortized under the amortization period. A payoff year may not be extended or accelerated for a period that is less than one month.
(19-b) "Pensionable payroll" means the aggregate basic hourly earnings of all members in active service for a calendar year or pay period, as applicable.
(23-a) "Projected pensionable payroll" means the estimated pensionable payroll for the calendar year beginning 12 months after the date of the risk sharing valuation study prepared under Section 8.03 or 8.04 of this Act, at the time of calculation by:
(A) projecting the prior calendar year's pensionable payroll forward two years using the current payroll growth rate assumption adopted by the police retirement board; and
(B) adjusting, if necessary, for changes in population or other known factors, provided those factors would have a material impact on the calculation, as determined by the board.
(29-a) "Unanticipated change" means, with respect to the unfunded actuarial accrued liability in each subsequent risk sharing valuation study prepared under Section 8.04 of this Act, the difference between:
(A) the remaining balance of all then-existing liability layers as of the date of the risk sharing valuation study; and
(B) the actual unfunded actuarial accrued liability as of the date of the risk sharing valuation study.
(29-b) "Unfunded actuarial accrued liability" means the difference between the actuarial accrued liability and the actuarial value of assets.
SECTION 2. Section 3.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 3.02. COMPOSITION OF BOARD; TRUSTEE QUALIFICATIONS. (a) The police retirement board shall be composed of 11 members as follows:
(1) one council member designated by the city council;
(2) the city manager or the city manager's designee;
(3) the director of finance or the director's designee;
(4) four [five] police officer members elected by the police officer members of the system, each of whom serves for a term of four years;
(5) one legally qualified voter of the city, who is a resident and has been a resident for the preceding five years, is not an employee of the city or a member of the system, and has demonstrated experience in the field of finance or investments, to be appointed by the police retirement board to serve for a term of four years and until the member's successor is duly selected and qualified; [and]
(6) one legally qualified voter of the city, who is a resident and has been a resident for the preceding five years, is not an employee of the city or a member of the system, and has demonstrated experience in the field of finance or investments, to be appointed by the city council to serve for a term of four years and until the member's successor is duly selected and qualified; and
(7) two retired members to be elected by the retired members to serve for a term of four years, with the term of one member expiring each odd-numbered year.
(b) The terms of two members elected as described by Subsection (a)(4) of this section expire in 2023 [2001] and every fourth subsequent year, and the terms of two [three] members elected as described by Subsection (a)(4) of this section expire in 2025 [2003] and every fourth subsequent year.
(b-1) A member of the police retirement board appointed under Subsection (a)(5) or (a)(6) of this section must:
(1) have, at the time of taking office, the qualifications required for the trustee's position; and
(2) maintain during service on the board the qualifications required for the trustee's position.
(c) A vacancy occurring by the death, resignation, or removal of the member appointed under:
(1) Subsection (a)(5) of this section shall be filled by appointment by the remaining members of the police retirement board; and
(2) Subsection (a)(6) of this section shall be filled by appointment by the city council.
SECTION 3. Section 3.09(b), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
(b) From time to time on the advice of the actuary and at the direction of the board and as provided by Section 3.091 of this Act, the actuary shall make an actuarial investigation of the mortality, service, and compensation experience of members, retired members, and beneficiaries of the system and shall recommend for adoption by the board the tables and rates required by the system. The board shall adopt the tables and rates to be used by the system.
SECTION 4. Article III, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by adding Section 3.091 to read as follows:
Sec. 3.091. PROCESS FOR EXPERIENCE STUDIES AND CHANGES TO ACTUARIAL ASSUMPTIONS. (a) At least once every five years, the police retirement board shall have the system's actuary designated under Section 3.09 of this Act conduct an experience study to review the actuarial assumptions and methods adopted by the board for the purposes of determining the actuarial liabilities and actuarially determined contribution rates of the system. The system shall notify the city at the beginning of an upcoming experience study by the system's actuary.
(b) In connection with the system's experience study, the city will inform the system if it will:
(1) conduct the city's own experience study using the city's own actuary;
(2) have the city's actuary review the experience study of the system's actuary; or
(3) accept the experience study of the system's actuary.
(c) If the city chooses to:
(1) have the city's own experience study performed under Subsection (b)(1) of this section, the city must complete the study not later than three months after the date the system notified the city of the system's intent to conduct an experience study; or
(2) have the city's actuary review the system's experience study under Subsection (b)(2) of this section, the city must complete the review not later than one month after the date the preliminary results of the experience study are presented to the board.
(d) If the city chooses to have the city's own experience study performed under Subsection (b)(1) of this section, or to have the city's actuary review the system's experience study under Subsection (b)(2) of this section, the system's actuary and the city's actuary shall determine what the hypothetical city contribution rate would be using the proposed actuarial assumptions from the experience studies and data from the most recent actuarial valuation.
(e) If the difference between the hypothetical city contribution rates determined by the system's actuary and the city's actuary under Subsection (d) of this section:
(1) is less than or equal to two percent of pensionable payroll, then no further action is needed and the board shall use the experience study performed by the system's actuary in determining assumptions; or
(2) is greater than two percent of pensionable payroll, then the system's actuary and the city's actuary shall have 20 business days to reconcile the difference in actuarial assumptions or methods causing the different hypothetical city contribution rates, and:
(A) if, as a result of the reconciliation efforts under this subdivision, the difference between the city contribution rates determined by the system's actuary and the city's actuary is reduced to less than or equal to two percentage points, then no further action is needed and the board shall use the experience study performed by the system's actuary in determining actuarial assumptions; or
(B) if, after 20 business days, the system's actuary and the city's actuary are not able to reach a reconciliation that reduces the difference in the hypothetical city contribution rates to an amount less than or equal to two percentage points, a third-party actuary shall be retained to opine on the differences in the assumptions made and actuarial methods used by the system's actuary and the city's actuary.
(f) The independent third-party actuary retained in accordance with Subsection (e)(2)(B) of this section shall be chosen by the city from a list of three actuarial firms provided by the system.
(g) If a third-party actuary is retained under Subsection (e)(2)(B) of this section, the third-party actuary's findings will be presented to the board along with the experience study conducted by the system's actuary and, if applicable, the city's actuary. If the board adopts actuarial assumptions or methods contrary to the third-party actuary's findings:
(1) the system shall provide a formal letter describing the rationale for the board's action to the city council and State Pension Review Board; and
(2) the system's actuary and executive director shall be made available at the request of the city council or the State Pension Review Board to present in person the rationale for the board's action.
(h) If the board proposes a change to actuarial assumptions or methods that is not in connection with an experience study described in Subsection (a) of this section, the system and the city shall follow the same process prescribed by this section with respect to an experience study in connection with the proposed change.
SECTION 5. Section 3.10, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 3.10. INVESTMENT MANAGERS. The police retirement board may hire an investment manager or investment managers who shall have full authority to invest the assets and manage any portion of the portfolio of the system, as specified by the manager's [employment] contract.
SECTION 6. Section 4.01, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Subsections (c) and (e) and adding Subsections (e-1) and (e-2) to read as follows:
(c) Any person who becomes an employee of the city or the system, if eligible for membership, shall become a member as a condition of employment and shall make the required deposits commencing with the first pay period following a probationary period of six continuous months from date of employment, if applicable, or eligibility, if later.
(e) [(1)] Membership in the police retirement system shall consist of the following groups:
(1) [(A)] Active--Contributory: the member who is in a status which allows payroll contributions to the police retirement system (working a normal work week, holding a full-time position, and, if applicable, having completed a continuous period of six months of service initially, to attain membership).
(2) [(B)] Active--Noncontributory: the member whose current employment status does not allow contributions to the system (working less than a normal work week or on a leave of absence under Subsection (f)(6)(A) of this section) and on return to working a normal work week, the member will again be given creditable service, with contributions resumed at time of status change.
(3) [(C)] Inactive--Contributory: the member who is on a uniformed service leave of absence under Subsection (f)(6)(B) of this section, who is allowed to make deposits to the system during the member's absence.
(4) [(D)] Vested--Noncontributory: the terminated member who, being vested, leaves the member's accumulated deposits in the system.
(5) [(E)] Retired: the member who is receiving a service or disability retirement annuity.
(e-1) Each member is either a group A member or a group B member, as follows:
(1) a member is a group A member if the member was:
(A) retired from or employed by the city or the system on December 31, 2021;
(B) a vested--noncontributory member as of December 31, 2021, who has not withdrawn the member's accumulated deposits; or
(C) formerly employed by the city or the system before December 31, 2021, returned to employment with the city or system on or after January 1, 2022, and:
(i) did not withdraw the member's accumulated deposits from the system; or
(ii) withdrew the member's accumulated deposits from the system, but reinstated all of the previously forfeited creditable service; and
(2) a member is a group B member if the member:
(A) first became employed by the city or the system on or after January 1, 2022; or
(B) was formerly employed by the city or the system before December 31, 2021, returned to employment with the city or system on or after January 1, 2022, and:
(i) while the member was separated from service, withdrew the member's accumulated deposits from the system; and
(ii) has not reinstated all of the member's previously forfeited creditable service.
(e-2) [(2)] It shall be the duty of the police retirement board to determine the membership group to which each police officer or employee of the system who becomes a member of the police retirement system properly belongs under Subsections (e) and (e-1) of this section.
SECTION 7. Section 5.03(a), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
(a) An eligible member or eligible surviving spouse may establish creditable service for probationary service performed as provided under this section according to the following conditions, limitations, and restrictions:
(1) Probationary service creditable in the system is any probationary service following the member's commission date or the member's first date of employment with the system for which the member does not have creditable service.
(2) An eligible member or eligible surviving spouse may establish creditable service under this section by contributing to the system a single payment equal to the contribution the member would have made to the system for that service at the time the service was performed and an interest charge based on the contribution amount to be repaid times an interest factor. The interest factor is eight percent per year for the period that begins with the beginning of the month and year at the end of the probationary period for which creditable service is being established to the beginning of the month and year payment is made to the system for the purpose of establishing said service.
(3) After the eligible member or eligible surviving spouse makes the deposit required by Subdivision (2) of this subsection, the system shall grant the member one month of creditable service for each month of probationary service established under this section.
SECTION 8. Section 5.04(a), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
(a) Under irrevocable action taken by the city council on February 12, 1998, police [This section does not take effect unless the city council authorizes the city to begin making contributions to the police retirement system in accordance with Section 8.01(a) of this Act for police cadets during their employment as cadets while members of a cadet class. Police] cadets whose cadet class begins after April 1, 1998, [the city council makes the authorization] shall make deposits to the police retirement system in accordance with Section 8.01(a) of this Act, and those cadets shall be members of the police retirement system and shall receive creditable service for employment as cadets while members of a cadet class, notwithstanding Sections 1.02(7), (18), and (21) of this Act.
SECTION 9. Section 6.01, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Subsections (a) and (f) to read as follows:
(a) On retirement after having reached the member's normal retirement date, members entitled thereto shall receive a service retirement benefit in the form of a life annuity (modified cash refund). Each monthly payment of the life annuity (modified cash refund) shall be equal to one-twelfth of:
(1) for a group A member, the product of 3.2 [2.88] percent of a member's average final compensation multiplied by the number of months of creditable service; or
(2) for a group B member, the product of 2.5 percent of a member's average final compensation multiplied by the number of months of creditable service. [The retirement benefit percent specified by this section to calculate the amount of the monthly payment of the life annuity (modified cash refund) may be changed after 1997 if:
[(1)
the change is approved by the board's actuary;
[(2)
the change is adopted by the board as a board rule;
[(3)
the change applies to all present members, all retired members, and all who become members after the effective date of the change in the retirement benefit percent;
[(4)
a member's vested interest as of the last day of the month immediately preceding the effective date of the change in the retirement benefit percent is not reduced; and
[(5)
a retirement annuity being paid by the police retirement system to members or to the surviving spouses or beneficiaries of members who retired before the effective date of the change in the retirement benefit percent is changed as prescribed by Subsection (d)(6) of this section, except that a reduction in annuities may not cause the member's, surviving spouse's, or beneficiary's annuity payment to be reduced below the base retirement amount calculated under this Act.]
(f) For purposes of this section, compensation of each noneligible member taken into account under this Act may not exceed the maximum amount allowed under [$200,000 per calendar year, indexed pursuant to] Section 401(a)(17) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401). The [$200,000] limit prescribed by this subsection does not apply to an eligible member. For purposes of this subsection, an eligible member is any individual who first became a member before January 1, 1996. For purposes of this subsection, a noneligible member is any other member.
SECTION 10. Section 6.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) A group A [Any] member shall be eligible for service retirement if the member has attained the age of 55 years and completed at least 20 years of creditable service with the city, or has completed 23 years of creditable service, excluding any military service established under Section 5.02 of this Act.
(a-1) A group B member shall be eligible for service retirement if the member has attained the age of 50 years and completed at least 25 years of creditable service with the city, excluding any military service established under Section 5.02 of this Act.
SECTION 11. Section 6.04(b), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
(b) If a member who has attained the applicable age for the minimum distribution required under Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)) [age 70-1/2] separates or has separated from service without applying for retirement or a refund of accumulated deposits, the police retirement system shall attempt to send to that member a written notice as soon as practicable after the later of the date the member attains the applicable age [70-1/2] or the date the member separates from service. The written notice must advise the member of the requirement under Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)) to retire and begin receiving a monthly retirement benefit. If, before the 91st day after the date the police retirement system sends the notice, the member has not filed an application for retirement or a refund, the member is considered to have retired on the last day of the third month following the later of the two dates specified by this subsection. If applicable, the retirement option shall be determined in accordance with the member's written selection of optional benefit and designation of beneficiary under Section 6.06(a)(1) of this Act. Otherwise, the member shall receive the life annuity under Section 6.01 of this Act.
SECTION 12. Section 6.07(e), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
(e) The first monthly annuity amount that would have been paid during the RETRO DROP benefit accumulation period is the amount defined by Subsection (c) of this section. [Subsequent monthly annuity amounts that would have been paid during the RETRO DROP benefit accumulation period must include any cost-of-living increases or special ad hoc increases in annuity amounts granted in accordance with Sections 6.01(c) and (d) of this Act.]
SECTION 13. Section 7.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) On award of disability retirement benefits, the member shall receive a disability retirement benefit computed in the same manner that a service retirement benefit would be computed at the member's normal retirement date, based on average final compensation and creditable service at date of disability retirement without reduction for early retirement. If the disability is a direct or proximate result of the performance of the member's employment duties with the system or the city, then the disability retirement benefit will be subject to a minimum benefit determined in accordance with Section 6.01(a)(1) or (2) of this Act, as applicable, based on:
(1) average final compensation at date of disability retirement; and
(2) for:
(A) a group A member, 20 years of creditable service; or
(B) a group B member, 25 years of creditable service.
(a-1) The options allowed under this section are life annuity or its actuarial equivalent payable in the form described as Option I, Option II, Option III, Option IV, or Option V in Section 6.03 of this Act. The disability benefits paid to the member will be paid from Fund No. 1 until the amount received equals the member's accumulated deposits; thereafter the benefits will be paid from Fund No. 2.
SECTION 14. Article VIII, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by amending Section 8.01 and adding Sections 8.02 through 8.13 to read as follows:
Sec. 8.01. MEMBER CONTRIBUTIONS [METHOD OF FINANCING]. (a) [(1)] Deposits by the members to the police retirement system shall be made at a rate of at least:
(1) 13 percent of the basic hourly earnings of the [each] member, for each pay period beginning before January 1, 2022; and
(2) 15 percent of the basic hourly earnings of the member, for each pay period beginning on or after January 1, 2022, unless a different member contribution rate is required in accordance with Section 8.04(b)(4) of this Act, as adjusted, if applicable, under Section 8.065 of this Act, except that the rate may not exceed 17 percent.
(a-1) Deposits required to be made by members under Subsection (a) of this section shall be deducted from payroll each pay period.
(a-2) On recommendation of the board, the Active--Contributory members may by a majority of those voting increase the rate of member deposits above the minimum rate of deposit established by Subsection (a) of this section [13 percent] to whatever amount the board has recommended. If the deposit rate for members has been increased to a rate above the rate established by Subsection (a) of this section in accordance with this subsection [13 percent], the rate may be decreased to a rate lower than the rate prescribed by Subsection (a)(2) of this section if the board recommends the decrease, the board's actuary approves the decrease, and a majority of the Active--Contributory members voting on the matter approve the decrease. If an increase in the member contribution rate is made solely as the result of an adjustment under Section 8.065 of this Act, that increase may not be decreased under this subsection.
Sec. 8.02. CITY CONTRIBUTIONS. (a) [(2)] The city shall contribute amounts equal to [18 percent of the basic hourly earnings of each member employed by the city for all periods on or before September 30, 2010, subject to additional amounts as provided by Subdivision (3) of this subsection. The city shall contribute amounts equal to 19 percent of the basic hourly earnings of each member employed by the city for all periods after September 30, 2010, and before October 1, 2011, subject to additional amounts as provided by Subdivision (3) of this subsection. The city shall contribute amounts equal to 20 percent of the basic hourly earnings of each member employed by the city for all periods after September 30, 2011, and before October 1, 2012, subject to additional amounts as provided by Subdivision (3) of this subsection. The city shall contribute amounts equal to] 21 percent of the basic hourly earnings of each member employed by the city for all pay periods beginning after September 30, 2012, and before January 1, 2022, subject to additional amounts as provided by Section 8.07 of this Act [Subdivision (3) of this subsection]. For all pay periods beginning on or after January 1, 2022, the city shall make contributions to the police retirement system in accordance with Subsections (b) and (c) of this section and Sections 8.03, 8.04, 8.05, and 8.06 of this Act, as applicable, and subject to additional amounts as provided by Section 8.07 of this Act. The city council may also authorize the city to make additional contributions to the police retirement system in whatever amount the city council may determine. Contributions by the city shall be made each pay period.
(b) For each pay period that begins on or after January 1, 2022, and before January 1, 2023, the city shall contribute an amount equal to the sum of:
(1) the city contribution rate, as determined in the initial risk sharing valuation study conducted under Section 8.03 of this Act, multiplied by the pensionable payroll for the applicable pay period; and
(2) 1/26 of the city legacy contribution amount for the 2022 calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 8.03 of this Act.
(c) For each pay period that begins on or after January 1, 2023, the city shall contribute an amount equal to the sum of:
(1) the city contribution rate for the applicable calendar year, as determined in a subsequent risk sharing valuation study conducted under Section 8.04 of this Act and adjusted under Section 8.05 or 8.06 of this Act, as applicable, multiplied by the pensionable payroll for the applicable pay period; and
(2) 1/26 of the city legacy contribution amount for the applicable calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 8.03 of this Act.
Sec. 8.03. INITIAL RISK SHARING VALUATION STUDY. (a) The police retirement system shall cause the system's actuary to prepare an initial risk sharing valuation study that is dated as of December 31, 2020, in accordance with this section.
(b) The initial risk sharing valuation study must:
(1) except as otherwise provided by this section, be prepared in accordance with the requirements of Section 8.04 of this Act;
(2) be based on the actuarial assumptions that were used by the system's actuary in the valuation completed for the year ended December 31, 2020;
(3) project the corridor midpoint for the next 30 calendar years beginning with the calendar year that begins on January 1, 2022; and
(4) include a schedule of city legacy contribution amounts for 30 calendar years beginning with the calendar year that begins on January 1, 2022.
(c) For purposes of Subsection (b)(4) of this section, the schedule of city legacy contribution amounts must be determined in such a manner that the total annual city legacy contribution amount for the first three calendar years will result in a phase-in of the anticipated increase in the city's contribution rate from the calendar year that begins on January 1, 2021, in accordance with Subsection (a) of this section, to the rate equal to the sum of the estimated contribution rate for the calendar year that begins on January 1, 2022, and the rate of pensionable payroll equal to the city legacy contribution amount for January 1, 2022, determined as if there was no phase-in of the increase to the city legacy contribution amount. The phase-in must reflect approximately one-third of the increase each year over the three-year phase-in period. The city's contribution under Section 8.02 of this Act for:
(1) the calendar years that begin on January 1, 2022, January 1, 2023, and January 1, 2024, must be adjusted to reflect the impact of the phase-in prescribed by this section; and
(2) each calendar year that begins on January 1, 2025, through January 1, 2051, must reflect a city legacy contribution amount that is three percent greater than the city legacy contribution amount for the preceding calendar year.
(d) The estimated city contribution rate for the calendar year that begins on January 1, 2022, must be based on the projected pensionable payroll, as determined under the initial risk sharing valuation study required by this section, assuming a payroll growth rate of three percent.
Sec. 8.04. SUBSEQUENT RISK SHARING VALUATION STUDIES. (a) For each calendar year beginning after December 31, 2020, the police retirement system shall cause the system's actuary to prepare a risk sharing valuation study in accordance with this section and actuarial standards of practice.
(b) Each risk sharing valuation study must:
(1) be dated as of the last day of the calendar year for which the study is required to be prepared;
(2) calculate the unfunded actuarial accrued liability of the system as of the last day of the applicable calendar year, including the liability layer, if any, associated with the most recently completed calendar year;
(3) calculate the estimated city contribution rate for the following calendar year;
(4) determine the city contribution rate and the member contribution rate for the following calendar year, taking into account any adjustments required under Section 8.05, 8.06, or 8.065 of this Act, as applicable; and
(5) except as provided by Subsection (d) of this section, be based on the assumptions and methods adopted by the board in accordance with Section 3.091 of this Act, if applicable, and that are consistent with actuarial standards of practice and the following principles:
(A) closed layered amortization of liability layers to ensure that the amortization period for each liability layer begins 12 months after the date of the risk sharing valuation study in which the liability layer is first recognized;
(B) each liability layer is assigned an amortization period;
(C) each liability loss layer will be amortized over a period of 30 years from the first day of the calendar year beginning 12 months after the date of the risk sharing valuation study in which the liability loss layer is first recognized, except that the legacy liability must be amortized over a 30-year period beginning January 1, 2022;
(D) each liability gain layer will be amortized over:
(i) a period equal to the remaining amortization period on the largest remaining liability loss layer, and the two layers must be treated as one layer such that if the payoff year of the liability loss layer is accelerated or extended, the payoff year of the liability gain layer is also accelerated or extended; or
(ii) if there is no liability loss layer, a period of 30 years from the first day of the calendar year beginning 12 months after the date of the risk sharing valuation study in which the liability gain layer is first recognized;
(E) liability layers will be funded according to the level percent of payroll method;
(F) payroll for purposes of determining the corridor midpoint, city contribution rate, and city legacy contribution amount must be projected using the annual payroll growth rate assumption adopted by the board; and
(G) the city contribution rate will be calculated each calendar year without inclusion of the legacy liability.
(c) The city and the board may agree on a written transition plan for resetting the corridor midpoint:
(1) if at any time the funded ratio of the system is equal to or greater than 100 percent; or
(2) for any calendar year after the payoff year of the legacy liability.
(d) Subject to Section 3.091 of this Act, the board may by rule adopt actuarial principles other than those required under Subsection (b)(5) of this section, provided the actuarial principles:
(1) are consistent with actuarial standards of practice;
(2) are approved by the system's actuary; and
(3) do not operate to change the city legacy contribution amount.
Sec. 8.05. ADJUSTMENT TO CITY CONTRIBUTION RATE IF LOWER THAN CORRIDOR MIDPOINT. (a) This section governs the determination of the city contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is lower than the corridor midpoint.
(b) If the estimated city contribution rate is lower than the corridor midpoint and the funded ratio is:
(1) less than 90 percent, the city contribution rate for the applicable year equals the corridor midpoint; or
(2) equal to or greater than 90 percent and the city contribution rate is:
(A) equal to or greater than the minimum city contribution rate, the estimated city contribution rate is the city contribution rate for the calendar year; or
(B) less than the minimum city contribution rate for the corresponding calendar year, the city contribution rate for the calendar year equals the minimum city contribution rate.
(c) If the funded ratio is equal to or greater than 100 percent:
(1) all existing liability layers, including the legacy liability, are considered fully amortized and paid; and
(2) the city legacy contribution amount may no longer be included in the city contribution under Section 8.02 of this Act.
Sec. 8.06. ADJUSTMENT TO CITY CONTRIBUTION RATE IF EQUAL TO OR GREATER THAN CORRIDOR MIDPOINT. (a) This section governs the determination of the city contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is equal to or greater than the corridor midpoint.
(b) If the estimated city contribution rate is equal to or greater than the corridor midpoint and:
(1) less than or equal to the maximum city contribution rate for the corresponding calendar year, the estimated city contribution rate is the city contribution rate; or
(2) greater than the maximum city contribution rate for the corresponding calendar year, the city contribution rate is the maximum city contribution rate.
Sec. 8.065. INCREASED MEMBER CONTRIBUTION RATE IF ESTIMATED CITY CONTRIBUTION RATE GREATER THAN MAXIMUM CITY CONTRIBUTION RATE. (a) This section governs the determination of the member contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is greater than the maximum city contribution rate.
(b) Except as provided by Subsection (c) of this section, if the estimated city contribution rate is greater than the corridor maximum, the member contribution rate will increase by an amount equal to the difference between the following:
(1) the estimated city contribution rate; and
(2) the maximum city contribution rate.
(c) The member contribution rate may not be increased by more than two percentage points under this section.
(d) If the estimated city contribution rate is more than two percent of pensionable payroll greater than the maximum city contribution rate, the city and the board shall enter into discussions to determine additional funding solutions.
Sec. 8.07. ADDITIONAL CITY CONTRIBUTIONS FOR PROPORTIONATE RETIREMENT PROGRAM PARTICIPATION. (a) [(3)] The city shall contribute amounts in addition to the amounts described by Section 8.02 of this Act [Subdivision (2) of this subsection] as required by Section 803.101(h), Government Code, to fund the additional liabilities incurred by the police retirement system as a result of participating in the proportionate retirement program. The rate at which the city shall contribute additional amounts under this section [subdivision] is equal to 0.737 [0.25] percent of the basic hourly earnings of each member employed by the city for all pay periods commencing on or after October 1, 2020, subject to adjustment under Subsection (b) of this section [from January 4, 2009, through September 30, 2009. The rate at which the city shall contribute additional amounts under this subdivision is equal to 0.63 percent of the basic hourly earnings of each member employed by the city for all periods after September 30, 2009, subject to adjustment under Subdivision (4) of this subsection].
(b) [(4)] The additional contribution rate under Subsection (a) of this section [Subdivision (3) of this subsection] shall increase or decrease as considered necessary by the actuary for the police retirement system after each five-year period of participation by the system in the proportionate retirement program in order to update the amount necessary to fund the additional liabilities incurred by the system as a result of participating in the proportionate retirement program and of the consolidation of the city's public safety and emergency management department with the police department on January 4, 2009. The system's actuary shall perform an experience study that shall be the basis for a contribution rate adjustment under this subsection [subdivision]. The effective date of the initial contribution rate adjustment under this subsection [subdivision] is October 1, 2015. Each later contribution rate adjustment under this subsection [subdivision] takes effect October 1 of every fifth year after the effective date of the initial contribution rate adjustment. The system's actuary shall present to the police retirement board the experience study on which any contribution rate adjustment under this subsection [subdivision] is based not later than 45 days before the effective date of the adjustment, and the city's actuary shall have the opportunity to review and comment on the study. An adjustment in the additional contribution rate under this subsection [subdivision] may not cause the additional contribution rate under Subsection (a) of this section [Subdivision (3) of this subsection] to be less than zero.
Sec. 8.08. PUBLICATION OF CHANGES TO CONTRIBUTION RATES. [(b)] Any change of the rates of deposit and the rates of contribution shall be published when approved by the board.
Sec. 8.09. EXPENSES. (a) [(c) Contributions by the city shall be paid to the system after appropriation by the city council.
[(d)] Expenses involved in administration and operation of the police retirement system shall be paid from the assets of the police retirement system subject to approval by the board. Such expenses shall include actuarial valuations of the system no less frequently than on a biennial basis, annual audits and/or actuarial studies, preparation of annual reports, and staff assistance. Additional consulting may be authorized by the board and paid for from the assets of the police retirement system as deemed necessary from time to time by the board.
(b) [(e)] Expenses incurred from investment advice, counsel, and management shall be paid from the assets of the police retirement system.
Sec. 8.10. PAYMENT OF CONTRIBUTIONS. (a) Contributions by the city shall be paid to the system after appropriation by the city council.
(b) [(f)] The city shall make the police officer contributions to the system required by Section 8.02 of this Act [Subsection (a) of this section].
(c) The system shall make the administrative staff's contributions to the system.
(d) Member contributions will be made by a reduction in their monetary compensation. Contributions made shall be treated as employer contributions in accordance with Section 414(h)(2), Internal Revenue Code (26 U.S.C. Section 414(h)(2)), for the purpose of determining tax treatment of the amounts under the federal Internal Revenue Code. These contributions are not includible in the gross income of the member until such time as they are distributed or made available to the member.
(e) Member contributions made as provided by Subsection (d) of this section [subsection] shall be deposited to the individual account of each affected member and shall be treated as compensation of members for all other purposes of this Act and for the purpose of determining contributions to the federal Old-Age, Survivors, and Disability Insurance System (Social Security). The provisions of this subsection shall remain in effect as long as the plan covering members is a qualified retirement plan under Section 401(a), Internal Revenue Code (26 U.S.C. Section 401(a)), and its related trust is tax exempt under Section 501(a), Internal Revenue Code (26 U.S.C. Section 501(a)).
Sec. 8.11. EFFECT OF SYSTEM TERMINATION ON CONTRIBUTIONS. [(g)] If the police retirement system is terminated, further contributions may not be made by the city or the system, and further deposits may not be made by the members for service after the date of termination. Members do not accrue any additional benefits after the date of termination. The benefit accrued by each member on the termination of the plan or the complete discontinuance of contributions under the plan and the benefit of any affected member on the partial termination of the plan, to the extent funded, become nonforfeitable notwithstanding the length of a member's service. The benefit accrued by a member also becomes nonforfeitable, if not already nonforfeitable, at the normal retirement date.
Sec. 8.12. EFFECT OF FORFEITURE. [(h)] A forfeiture from a member terminating employment and withdrawing the member's accumulated deposits may not be applied to increase the benefit that any other member would receive from the system. The actuary shall anticipate the effect of forfeitures in determining the costs under the system.
Sec. 8.13. SYSTEM ASSETS. [(i)] The assets of the police retirement system shall be held in trust for the exclusive benefit of the members and their beneficiaries. The corpus or income may not be used for or diverted to a purpose other than the exclusive benefit of members or their beneficiaries, whether by operation or natural termination of the system, by power of revocation or amendment, by the happening of a contingency, by collateral arrangement, or by other means.
SECTION 15. Section 13.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 13.02. MANDATORY DISTRIBUTIONS PROHIBITED. A member or former member who has separated from service may not be required to receive an eligible rollover distribution, as defined in Section 13.01(b)(1) of this Act, without the member's consent unless the member or former member has attained the applicable age for minimum distributions required under Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)) [is at least 70-1/2 years of age].
SECTION 16. The following provisions of Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), are repealed:
(1) Section 5.04(b);
(2) Sections 6.01(c), (d), and (e);
(3) Section 6.02(b); and
(4) Section 7.02(b).
SECTION 17. (a) In this section, "police retirement board" has the meaning assigned by Section 1.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes).
(b) Section 3.02, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), does not affect the term of a member of the police retirement board appointed or elected under that section, as that section existed immediately before the effective date of this Act, and serving on the board on the effective date of this Act.
(c) When the terms of:
(1) the two members of the police retirement board elected under Section 3.02(a)(4), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), as that section existed immediately before the effective date of this Act, who have terms that expire in December 2021, expire:
(A) one of the resulting vacancies on the board shall be filled by appointment by the city council in accordance with Section 3.02(a)(6), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), as amended by this Act; and
(B) the other resulting vacancy shall be filled by election of the members in accordance with Sections 3.02(a)(4) and 3.03, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), as applicable; and
(2) the three members of the police retirement board elected under Section 3.02(a)(4), Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), as that section existed immediately before the effective date of this Act, who have terms that expire in December 2023, expire, the resulting vacancies on the board shall be filled by an election of the members in accordance with that section and Section 3.03, Chapter 452 (SB 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), as applicable, except that the member receiving the third highest number of votes in that election shall serve for a term of only two years with the member's term expiring in December 2025.
SECTION 18. This Act takes effect September 1, 2021.
Amendment No. 1 was adopted.
CSHB 4555 (by Guillen, et al.), A bill to be entitled An Act relating to an application for a place on a ballot filed by a person convicted of a felony. (Dean, Metcalf, Patterson, and Swanson recorded voting no.)
HB 4667 (by E. Morales), A bill to be entitled An Act relating to the transfer of certain state property from the Department of Public Safety to the City of Eagle Pass. (Buckley, Cain, Dean, Gates, Metcalf, Middleton, Patterson, Slaton, Swanson, Toth, Vasut, and Wilson recorded voting no.)
CSHB 424 (by K. King), A bill to be entitled An Act relating to a continuing review and revision of the essential knowledge and skills of the public school foundation curriculum and proclamations for the production of instructional materials. (Cain, Capriglione, Cyrier, Ellzey, Gates, Harris, Hefner, Hull, Krause, Middleton, Shaheen, Slaton, Slawson, Swanson, Toth, Vasut, and Wilson recorded voting no.)
ADJOURNMENT
Representative Geren moved that the house adjourn until 11:05 a.m. today.
The motion prevailed.
The house accordingly, at 10:58 a.m., adjourned until 11:05 a.m. today.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 21
HB 16, HB 33, HB 54, HB 454, HB 604, HB 636, HB 977, HB 1057, HB 1363, HB 1585, HB 1763, HB 2127, HB 3529