FIFTIETH DAY --- TUESDAY, MAY 18, 2021
The house met at 11:21 a.m. and was called to order by the speaker pro tempore.
The roll of the house was called and a quorum was announced present (Record 1222).
Present — Mr. Speaker; Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody(C); Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
LEAVES OF ABSENCE GRANTED
On motion of Representative Geren and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.
RULES SUSPENDED
Representative Geren moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.
The motion prevailed.
MOTION FOR ONE RECORD VOTE
On motion of Representative Geren and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number).
(Record 1223): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; 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, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Cyrier; Johnson, J.E.; Morales, C.; Noble; Romero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 1223 was taken, I was in the house but away from my desk. I would have voted yes.
Cyrier
When Record No. 1223 was taken, I was in the house but away from my desk. I would have voted yes.
J.E. Johnson
When Record No. 1223 was taken, I was in the house but away from my desk. I would have voted yes.
C. Morales
When Record No. 1223 was taken, my vote failed to register. I would have voted yes.
E. Thompson
HB 4666 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Middleton, Murr, Noble, Oliverson, Patterson, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Stucky, Swanson, Tinderholt, Toth, VanDeaver, and Vasut - no) (99 - 38 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4668 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Middleton, Noble, Oliverson, Patterson, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Stucky, Swanson, Tinderholt, Toth, VanDeaver, and Vasut - no) (100 - 37 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4669 (Allison, Ashby, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Darby, Ellzey, Gates, Goldman, Harless, Harris, Holland, Krause, Landgraf, Leach, Middleton, Murr, Noble, Oliverson, Patterson, Shaheen, Shine, Slaton, Slawson, Smithee, Stucky, Swanson, Toth, VanDeaver, and Vasut - no) (103 - 34 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 40 (Patterson and Slaton - no) (135 - 2 - 2)
SB 58 (Allison, K. Bell, Bonnen, Clardy, Cook, Harless, Noble, Oliverson, Patterson, Slaton, Smith, and Spiller - no) (126 - 11 - 2)
SB 152 (Allison, Burns, Hefner, Krause, Landgraf, Murr, Patterson, and VanDeaver - no) (129 - 8 - 2)
SB 157 (Patterson and Slaton - no) (135 - 2 - 2)
SB 184 (Buckley, Cain, Cook, Ellzey, Gates, Harris, Hefner, Hull, Krause, Leman, Middleton, Noble, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, and Vasut - no) (115 - 22 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 280 (Buckley, Cain, Cook, Ellzey, Gates, Hefner, Krause, Middleton, Noble, Patterson, Sanford, Shaheen, Slaton, Slawson, Stucky, Swanson, Toth, and Vasut - no) (120 - 17 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 284 (Bonnen, Buckley, Cain, Cook, Ellzey, Gates, Harris, Hefner, Krause, Leman, Metcalf, Middleton, Noble, Schaefer, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, and Vasut - no) (117 - 20 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 297 (Patterson - no) (136 - 1 - 2)
SB 454 (Slaton and Smith - no) (135 - 2 - 2)
SB 510 (Allison, K. Bell, Harless, Patterson, Slaton, Stucky, and Tinderholt - no) (130 - 7 - 2)
SB 630 (Allison, K. Bell, Buckley, Cyrier, Gates, Harless, Holland, Patterson, Shaheen, Slaton, Slawson, Smith, Swanson, and Vasut - no) (124 - 13 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 642 (Buckley, Gates, Shaheen, Slaton, Slawson, and Vasut - no) (131 - 6 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 695 (Buckley, Gates, Shaheen, Slawson, Stucky, and Vasut - no) (131 - 6 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 787
SB 791 (Bonnen, Oliverson, Shaheen, Slaton, and Spiller - no) (132 - 5 - 2)
SB 795 (Patterson, Shaheen, and Slaton - no) (134 - 3 - 2)
SB 809 (Smith - no) (136 - 1 - 2)
SB 905 (Middleton, Patterson, and Slaton - no) (134 - 3 - 2)
SB 937
SB 1028 (Biedermann, Buckley, Cain, Cook, Ellzey, Gates, Hefner, Krause, Middleton, Noble, Schaefer, Shaheen, Slaton, Slawson, Tinderholt, Toth, and Vasut - no) (121 - 16 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1072 (Patterson and Slaton - no) (135 - 2 - 2)
SB 1117 (Allison, K. Bell, Cook, Harless, Harris, Noble, Patterson, Slaton, Stucky, and Swanson - no) (128 - 9 - 2)
SB 1134 (Shaheen and Slaton - no) (135 - 2 - 2)
SB 1185
SB 1308 (Allison, K. Bell, Buckley, Burns, Cain, Cook, Ellzey, Gates, Harless, Hefner, Hull, Krause, Landgraf, Leach, Leman, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, VanDeaver, and Vasut - no) (109 - 28 - 2) (Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1323 (Cook, Leman, Noble, Patterson, Slaton, Spiller, and Tinderholt - no) (131 - 6 - 2)
SB 1371 (Biedermann and Clardy - no) (135 - 2 - 2)
SB 1414
SB 1441 (Patterson - no) (136 - 1 - 2)
SB 1474 (Buckley, Cain, Cook, Ellzey, Gates, Harris, Hefner, Krause, Middleton, Noble, Patterson, Shaheen, Slaton, Slawson, Swanson, Toth, and Vasut - no) (121 - 16 - 2) (Craddick, Landgraf, and Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1490 (Buckley, Cain, Ellzey, Gates, Hefner, Krause, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, and Vasut - no) (120 - 17 - 2) (Leach and Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1534 (Ashby, Clardy, and Slaton - no) (134 - 3 - 2)
SB 1550 (Biedermann, Ramos, and Slaton - no) (134 - 3 - 2)
SB 1677 (Patterson - no) (136 - 1 - 2)
SB 1727 (Patterson - no) (136 - 1 - 2)
SB 1829 (Slaton - no) (136 - 1 - 2)
SB 1900 (Allison, Biedermann, Buckley, Cain, Clardy, Cyrier, Ellzey, Gates, Harris, Hefner, Holland, Krause, Leman, Patterson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, and Vasut - no) (114 - 23 - 2) (Craddick, Leach, and Wilson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 2049 (Hull and Leman - no) (135 - 2 - 2)
(Speaker in the chair)
COMMITTEE MEETING ANNOUNCEMENT
At 11:27 a.m., the following committee meeting was announced:
Juvenile Justice and Family Issues, upon final adjournment or recess or bill referral, if permission granted, today, Desk 37, for a formal meeting, to consider pending and referred business.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 155 ON THIRD READING
(Klick, et al. - House Sponsors)
SB 155, A bill to be entitled An Act relating to the use of information from the lists of noncitizens and nonresidents excused or disqualified from jury service.
SB 155 was passed by (Record 1224): 83 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cyrier; Darby; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guillen; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morales, E.; Morrison; Murphy; Murr; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales Shaw; Muñoz; Neave; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENTS OF VOTE
When Record No. 1224 was taken, I was shown voting yes. I intended to vote no.
Guillen
When Record No. 1224 was taken, I was shown voting yes. I intended to vote no.
E. Morales
When Record No. 1224 was taken, I was shown voting yes. I intended to vote no.
Ordaz Perez
When Record No. 1224 was taken, I was shown voting yes. I intended to vote no.
Pacheco
When Record No. 1224 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 601 ON THIRD READING
(Burrows - House Sponsor)
SB 601, A bill to be entitled An Act relating to the creation and activities of the Texas Produced Water Consortium.
Amendment No. 1
Representative Burrows offered the following amendment to SB 601:
Amend SB 601 (on third reading) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 8843.056(c), Special District Local Laws Code, is amended to read as follows:
(c) At the first election after the single-member districts are revised, a new director shall be elected from each district. The directors shall draw lots to determine which two directors serve two-year [one-year] terms and which three directors serve four-year [two-year] terms.
SECTION ____. Section 8843.152(b), Special District Local Laws Code, is amended to read as follows:
(b) For each new water service connection made after September 1, 2021, the [The] district may assess [levy and collect] a water utility service connection fee only in accordance with the following schedule:
[not to exceed $1,000 for each new water service connection made after September
1, 2013.]
SECTION ____. Section 8843.055, Special District Local Laws Code, is repealed.
Amendment No. 1 was adopted. (Ellzey recorded voting no.)
SB 601, as amended, was passed by (Record 1225): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Holland.
STATEMENTS OF VOTE
When Record No. 1225 was taken, I was in the house but away from my desk. I would have voted no.
Holland
When Record No. 1225 was taken, I was shown voting yes. I intended to vote no.
Middleton
When Record No. 1225 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 153 ON THIRD READING
(Sanford, Burrows, and Frullo - House Sponsors)
SB 153, A bill to be entitled An Act relating to the exclusion of certain payment processing services from the definition of "data processing service" for purposes of sales and use taxes.
SB 153 was passed by (Record 1226): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENT OF VOTE
When Record No. 1226 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 884 ON THIRD READING
(Raymond - House Sponsor)
SB 884, A bill to be entitled An Act relating to the management and operation by The University of Texas System of a multi-institution center in the city of Laredo.
SB 884 was passed by (Record 1227): 121 Yeas, 22 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Biedermann; Buckley; Cain; Cook; Gates; Harris; Hefner; Holland; Krause; Leach; Middleton; Noble; Oliverson; Patterson; Shaheen; Slaton; Slawson; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Perez.
STATEMENTS OF VOTE
When Record No. 1227 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1227 was taken, I was shown voting yes. I intended to vote no.
Schaefer
When Record No. 1227 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 1354 ON THIRD READING
(Collier - House Sponsor)
SB 1354, A bill to be entitled An Act relating to the prosecution of the offense of injury to a child, elderly individual, or disabled individual.
SB 1354 was passed by (Record 1228): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENT OF VOTE
When Record No. 1228 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 313 ON THIRD READING
(Meyer - House Sponsor)
SB 313, A bill to be entitled An Act relating to a sales and use tax exemption for firearm safety equipment.
SB 313 was passed by (Record 1229): 142 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Collier; Sherman.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENTS OF VOTE
When Record No. 1229 was taken, I was shown voting no. I intended to vote yes.
Collier
When Record No. 1229 was taken, I was shown voting yes. I intended to vote no.
Rose
When Record No. 1229 was taken, I was shown voting no. I intended to vote yes.
Sherman
When Record No. 1229 was taken, I was excused because of important business in the district. I would have voted no.
White
SB 581 ON THIRD READING
(Schofield - House Sponsor)
SB 581, A bill to be entitled An Act relating to regulation by a property owners' association of certain religious displays.
SB 581 was passed by (Record 1230): 139 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anchia; Beckley; Cortez; Rose.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — González, M.
STATEMENT OF VOTE
When Record No. 1230 was taken, I was excused because of important business in the district. I would have voted yes.
White
SB 383 ON THIRD READING
(Perez and Fierro - House Sponsors)
SB 383, A bill to be entitled An Act relating to disclosure requirements of certain facilities that provide care for persons with Alzheimer's disease and related disorders.
SB 383 was passed by (Record 1231): 100 Yeas, 44 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Stephenson; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bell, C.; Biedermann; Bonnen; Buckley; Burns; Cain; Capriglione; Cook; Craddick; Cyrier; Ellzey; Frullo; Gates; Geren; Harris; Hefner; Holland; Klick; Krause; Lambert; Landgraf; Leach; Metcalf; Middleton; Morrison; Murr; Noble; Oliverson; Parker; Patterson; Paul; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENTS OF VOTE
When Record No. 1231 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1231 was taken, I was excused because of important business in the district. I would have voted no.
White
SB 922 ON THIRD READING
(Patterson - House Sponsor)
SB 922, A bill to be entitled An Act relating to contracts for fingerprinting services entered into by the Department of Public Safety of the State of Texas.
SB 922 was passed by (Record 1232): 143 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Schofield.
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENT OF VOTE
When Record No. 1232 was taken, I was excused because of important business in the district. I would have voted yes.
White
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 702 ON SECOND READING
(Paddie - House Sponsor)
SB 702, A bill to be entitled An Act relating to the continuation and functions of the Prepaid Higher Education Tuition Board.
SB 702 was passed to third reading.
SB 707 ON SECOND READING
(Lambert, Canales, Paddie, Goldman, and Cyrier - House Sponsors)
SB 707, A bill to be entitled An Act relating to the continuation and functions of the Credit Union Department and the Credit Union Commission.
Amendment No. 1
Representative Slaton offered the following amendment to SB 707:
Amend SB 707 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 15.402, Finance Code, is amended by adding Subsections (e) and (f) to read as follows:
(e) Before the commission may adopt a new rule under this section related to an activity regulated by the department, the commission must repeal two existing rules related to any activity regulated by the department.
(f) The department shall prominently display on the department's Internet website the number of rules adopted and repealed in accordance with Subsection (e) and a link to a description of those rules.
Amendment No. 1 was withdrawn.
SB 707 was passed to third reading.
CSSB 709 ON SECOND READING
(Canales and Cortez - House Sponsors)
CSSB 709, A bill to be entitled An Act relating to the continuation and functions of the Texas Commission on Fire Protection.
CSSB 709 was passed to third reading.
CONSTITUTIONAL AMENDMENTS CALENDAR
SENATE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
SJR 47 ON SECOND READING
(Landgraf - House Sponsor)
SJR 47, A joint resolution proposing a constitutional amendment changing the eligibility requirements for certain judicial offices.
SJR 47 was adopted by (Record 1233): 120 Yeas, 19 Nays, 1 Present, not voting.
Yeas — Allen; Anderson; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Campos; Canales; Capriglione; Clardy; Cole; Cortez; Craddick; Cyrier; Darby; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Goldman; González, M.; Goodwin; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Murphy; Murr; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wilson; Zwiener.
Nays — Allison; Anchia; Beckley; Cain; Collier; Cook; Crockett; Davis; Gervin-Hawkins; González, J.; Guerra; Johnson, J.D.; Muñoz; Neave; Reynolds; Romero; Slaton; Thompson, S.; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Bell, K.; Button; Gates; Rose; Wu.
STATEMENTS OF VOTE
When Record No. 1233 was taken, I was in the house but away from my desk. I would have voted yes.
K. Bell
When Record No. 1233 was taken, I was in the house but away from my desk. I would have voted yes.
Button
When Record No. 1233 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1233 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
When Record No. 1233 was taken, I was shown voting yes. I intended to vote no.
Sherman
When Record No. 1233 was taken, I was shown voting yes. I intended to vote no.
Toth
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 1821 ON SECOND READING
(Canales - House Sponsor)
SB 1821, A bill to be entitled An Act relating to procurement of a contingent fee contract for legal services by certain governmental entities.
SB 1821 was passed to third reading.
SB 911 ON SECOND READING
(Burrows and Pacheco - House Sponsors)
SB 911, A bill to be entitled An Act relating to the regulation of restaurants and third-party food delivery services, including the issuance of certain alcoholic beverage certificates to restaurants.
SB 911 was passed to third reading.
SB 550 ON SECOND READING
(Spiller - House Sponsor)
SB 550, A bill to be entitled An Act relating to the manner of carrying a handgun by a person who holds a license under Subchapter H, Chapter 411, Government Code.
SB 550 was passed to third reading.
SB 281 ON SECOND READING
(Lucio - House Sponsor)
SB 281, A bill to be entitled An Act relating to the use of hypnotically induced statements in a criminal trial.
Amendment No. 1
Representative Lucio offered the following amendment to SB 281:
Amend SB 281 (house committee report) on page 1 as follows:
(1) On line 12, between "during" and "a", insert "or after".
(2) Strike lines 22-24, and substitute "trial.".
Amendment No. 1 was adopted.
SB 281, as amended, was passed to third reading.
SB 586 ON SECOND READING
(Spiller - House Sponsor)
SB 586, A bill to be entitled An Act relating to the filing of certain reports by distributors of certain off-highway vehicles purchased outside this state; providing civil penalties.
SB 586 was passed to third reading.
SB 997 ON SECOND READING
(Harris - House Sponsor)
SB 997, A bill to be entitled An Act relating to procedural requirements for the review of a contractual rate charged for the furnishing of raw or treated water or water or sewer service.
SB 997 was passed to third reading.
CSSB 760 ON SECOND READING
(Shaheen - House Sponsor)
CSSB 760, A bill to be entitled An Act relating to the removal of solar power facilities.
CSSB 760 was passed to third reading.
SB 197 ON SECOND READING
(Noble - House Sponsor)
SB 197, A bill to be entitled An Act relating to a sales and use tax exemption for animals adopted from or sold by nonprofit animal welfare organizations.
SB 197 was passed to third reading.
SB 197 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Meyer moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 197 all joint authors and co-authors for HB 2510.
The motion prevailed.
SB 312 ON SECOND READING
(Smith - House Sponsor)
SB 312, A bill to be entitled An Act relating to the punishment for the criminal offense of improper sexual activity with a person in custody; increasing a criminal penalty.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to SB 312:
Amend SB 312 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 22.012, Penal Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if it is shown on the trial of the offense that:
(A) the defendant has been previously convicted of an offense under this section, other than an offense punishable under Paragraph (B); or
(B) the defendant is a health care services provider or a mental health services provider and the act is:
(i) committed during the course of providing a treatment or service to the victim; and
(ii) beyond the scope of generally accepted practices for the treatment or service; or
(2) a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section that is punishable under Subdivision (1)(B).
(d) In this section, "health care services provider" and "mental health services provider" have the meanings assigned by Section 22.011.
Amendment No. 1 was adopted.
SB 312, as amended, was passed to third reading.
SB 808 ON SECOND READING
(Krause - House Sponsor)
SB 808, A bill to be entitled An Act relating to recovery of attorney's fees in certain civil cases.
Amendment No. 1
Representative Krause offered the following amendment to SB 808:
Amend SB 808 (house committee printing) as follows:
(1) On page 1, line 6, between the period and "A", insert the following:
(a) In this section, "organization" has the meaning assigned by Section 1.002, Business Organizations Code.
(b)
(2) On page 1, lines 7-8, strike "another person [an individual or corporation]" and substitute "an individual or organization [corporation]".
Amendment No. 1 was adopted.
SB 808, as amended, was passed to third reading.
HB 654 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Lucio called up with senate amendments for consideration at this time,
HB 654, A bill to be entitled An Act relating to the rule against perpetuities.
Representative Lucio moved to concur in the senate amendments to HB 654.
The motion to concur in the senate amendments to HB 654 prevailed by (Record 1234): 135 Yeas, 8 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Crockett; Fierro; Hinojosa; Morales, C.; Murr; Ramos; Toth; Turner, J.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Pacheco.
STATEMENT OF VOTE
When Record No. 1234 was taken, I was shown voting no. I intended to vote yes.
Toth
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 654 (senate committee report) in SECTION 1 of the bill, after amended Section 112.036, Property Code (page 1, between lines 39 and 40) by inserting the following:
(f) Under this section, a settlor of a trust may not direct that a real property asset be retained or refuse that a real property asset may be sold for a period longer than 100 years.
HB 2533 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Darby called up with senate amendments for consideration at this time,
HB 2533, A bill to be entitled An Act relating to the performance of a real property evaluation for use by certain financial institutions.
Representative Darby moved to concur in the senate amendments to HB 2533.
The motion to concur in the senate amendments to HB 2533 prevailed by (Record 1235): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Pacheco; Turner, C.
Senate Committee Substitute
CSHB 2533, A bill to be entitled An Act relating to the performance of a real property evaluation for use by certain financial institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1103.003, Occupations Code, is amended by adding Subdivisions (4-b), (6-c), and (7-a) to read as follows:
(4-b) "Automated valuation model" means an automated system used to derive the value of real property through publicly available property records and various analytic methodologies, including comparable sales prices, home characteristics, and historical home price appreciations.
(6-c) "Federally regulated financial institution" means:
(A) a depository institution as defined by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813) or a subsidiary of a depository institution; or
(B) a federal credit union or a state credit union as defined by Section 101, Federal Credit Union Act (12 U.S.C. Section 1752), a subsidiary of a credit union, or a credit union service organization.
(7-a) "Non-bank financial institution" means:
(A) a residential mortgage loan company licensed under Chapter 156, Finance Code;
(B) a mortgage banker regulated under Chapter 157, Finance Code; or
(C) a regulated lender licensed under Chapter 342, Finance Code.
SECTION 2. Section 1103.004, Occupations Code, is amended to read as follows:
Sec. 1103.004. APPLICABILITY [EFFECT] OF CHAPTER. This chapter does not apply to [prohibit]:
(1) a person who is authorized by law to perform [from performing] an evaluation of real property for or to provide [providing] an evaluation of real property to another person;
(2) a real estate broker licensed under Chapter 1101 or a sales agent acting under the authority of a sponsoring broker who provides [from providing] to another person a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion:
(A) is not referred to as an appraisal;
(B) is given in the ordinary course of the broker's business; and
(C) is related to the actual or potential acquisition, disposition, encumbrance, or management of an interest in real property; [or]
(3) an appraiser [who is] certified by a jurisdiction other than this state who performs [from performing] an appraisal review of an appraisal performed on real property in this state, if the appraiser does not offer an opinion of value as part of the appraisal review;
(4) an employee of a federally regulated financial institution or any other person engaged by the institution who performs an evaluation of real property for use by the institution in a transaction for which the institution is not required to use the services of a licensed or certified appraiser under federal regulations adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or under applicable state law;
(5) an employee of a non-bank financial institution or any other person engaged by the institution who provides an analysis, assessment, opinion, conclusion, notation, or compilation of data concerning the value of an interest in real property for use by the institution; or
(6) the procurement or use of an automated valuation model.
SECTION 3. Section 1103.405, Occupations Code, is amended to read as follows:
Sec. 1103.405. PROFESSIONAL STANDARDS. (a) Except as provided by Subsection (b), a [A] person who holds a certificate, license, or registration issued under this chapter shall comply with:
(1) the most current edition of the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation; or
(2) other standards provided by board rule that are at least as stringent as the Uniform Standards of Professional Appraisal Practice.
(b) A certified or licensed appraiser is not required to comply with the standards described by Subsection (a) to provide:
(1) an evaluation of real property described by Section 1103.004(4); or
(2) an analysis, assessment, opinion, conclusion, notation, or compilation of data concerning the value of an interest in real property described by Section 1103.004(5) for use by a non-bank financial institution.
(c) A document provided under Section 1103.004(4) or (5) must contain on the first page of the document the following notice: "This is not an appraisal performed in accordance with the Uniform Standards of Professional Appraisal Practice."
SECTION 4. The changes in law made by this Act apply only to an evaluation, document, or action related to a real property transaction commenced on or after the effective date of this Act. An evaluation, document, or other action related to a real property transaction commenced before the effective date of this Act is governed by the law applicable immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.
HB 918 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Leman called up with senate amendments for consideration at this time,
HB 918, A bill to be entitled An Act relating to a license to carry a handgun for certain young adults who are protected under certain court orders related to family violence.
Representative Leman moved to concur in the senate amendments to HB 918.
The motion to concur in the senate amendments to HB 918 prevailed by (Record 1236): 131 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Beckley; Cole; Collier; Crockett; Davis; Ramos; Reynolds; Romero; Rose; Sherman; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Campos; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1236 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1236 was taken, I was shown voting yes. I intended to vote no.
Guerra
When Record No. 1236 was taken, my vote failed to register. I would have voted no.
Morales Shaw
When Record No. 1236 was taken, I was shown voting yes. I intended to vote no.
Rodriguez
When Record No. 1236 was taken, I was shown voting no. I intended to vote yes.
Toth
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 918 (senate committee report) in SECTION 2 of the bill, by striking added Section 411.1735(c), Government Code (page 1, lines 52 through 55), and substituting the following:
(c) Notwithstanding Section 411.183, a license that bears a protective order designation under this section expires on the earlier of:
(1) the date on which the applicable court order described by Section 411.172(i)(1) is rescinded or expires; or
(2) the 22nd birthday of the license holder.
HB 1071 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harris called up with senate amendments for consideration at this time,
HB 1071, A bill to be entitled An Act relating to the presence of a qualified facility dog or qualified therapy animal in certain court proceedings.
Representative Harris moved to concur in the senate amendments to HB 1071.
The motion to concur in the senate amendments to HB 1071 prevailed by (Record 1237): 137 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Schaefer; Swanson; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Frullo; Holland; Slaton.
STATEMENTS OF VOTE
When Record No. 1237 was taken, I was in the house but away from my desk. I would have voted yes.
Frullo
When Record No. 1237 was taken, my vote failed to register. I would have voted yes.
Holland
When Record No. 1237 was taken, my vote failed to register. I would have voted yes.
Slaton
Senate Committee Substitute
CSHB 1071, A bill to be entitled An Act relating to the presence of a qualified facility dog in certain court proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Government Code, is amended by adding Section 21.012 to read as follows:
Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG IN COURT PROCEEDING. (a) In this section, "qualified facility dog" means a dog that is a graduate of a program operated by an assistance dog organization that is a member of a nationally recognized assistance dog association.
(b) Any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog to be present with a witness who is testifying before the court through:
(1) in-person testimony; or
(2) closed-circuit video teleconferencing testimony.
(c) The court may enter an order authorizing a qualified facility dog to accompany a witness testifying at the court proceeding if:
(1) the presence of the dog will assist the witness in providing testimony; and
(2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog.
(d) A handler who is trained to manage the qualified facility dog must accompany the dog provided for a witness at a court proceeding.
(e) A party to the action must petition the court for an order under Subsection (b) not later than the 14th day before the date of the court proceeding.
(f) A court may:
(1) impose restrictions on the presence of the qualified facility dog during the court proceeding; and
(2) issue instructions to the jury, as applicable, regarding the presence of the dog.
SECTION 2. This Act takes effect September 1, 2021.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1071 as follows:
(1) In SECTION 1 of the bill, in the heading to added Section 21.012, Government Code (page 1, line 24), between "DOG" and "IN" insert "OR QUALIFIED THERAPY DOG".
(2) In SECTION 1 of the bill, strike added Section 21.012(a), Government Code (page 1, lines 25-28), and substitute the following:
(a) In this section:
(1) "Qualified facility dog" means a dog that is a graduate of a program operated by an assistance dog organization that is a member of a nationally recognized assistance dog association.
(2) "Qualified therapy dog" means a dog that successfully completes a program operated by an organization that registers, insures, or certifies a therapy dog and the dog's handler as meeting or exceeding the standards of practice in animal-assisted interventions.
(3) In SECTION 1 of the bill, in added Section 21.012(b), Government Code (page 1, line 31), between "dog" and "to" insert "or qualified therapy dog".
(4) In SECTION 1 of the bill, in added Section 21.012(c), Government Code (page 1, line 36), between "dog" and "to" insert "or qualified therapy dog".
(5) In SECTION 1 of the bill, in added Section 21.012(d), Government Code (page 1, line 43), between "dog" and "must" insert "or qualified therapy dog".
(6) In SECTION 1 of the bill, in added Section 21.012(f)(1), Government Code (page 1, line 50), between "dog" and "during" insert "or qualified therapy dog".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend Amendment No. 1 by Whitmire to CSHB 1071 (senate committee printing), in Item 2 of the amendment, substituting language for added Section 21.012(a), Government Code, by striking added Subdivision (1) of that section (lines 9 through 12 of the amendment) and substituting the following:
(1) "Qualified facility dog" means a dog that:
(A) is a graduate of a program operated by an assistance dog organization that is a member of a nationally recognized assistance dog association; or
(B) before January 1, 2021, on the approval of the court, served in a court proceeding by accompanying a witness who was testifying.
HB 574 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 574, A bill to be entitled An Act relating to the elements of the criminal offense of election fraud; increasing criminal penalties.
Representative Bonnen moved to concur in the senate amendments to HB 574.
The motion to concur in the senate amendments to HB 574 prevailed by (Record 1238): 94 Yeas, 48 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guillen; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hull; Hunter; Jetton; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Martinez; Martinez Fischer; Metcalf; Middleton; Moody; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rodriguez; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; Walle; Wilson.
Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Crockett; Davis; Deshotel; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; Longoria; Lopez; Lucio; Meza; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz Perez; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Absent — Fierro; Meyer.
STATEMENTS OF VOTE
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
When Record No. 1238 was taken, my vote failed to register. I would have voted yes.
Meyer
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Moody
Senate Committee Substitute
CSHB 574, A bill to be entitled An Act relating to the creation of criminal offenses involving elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 276, Election Code, is amended by adding Section 276.014 to read as follows:
Sec. 276.014. OTHER ELECTION OFFENSES. (a) A person commits an offense if the person knowingly or intentionally makes any effort to:
(1) count votes the person knows are invalid or alter a report to include votes the person knows are invalid; or
(2) refuse to count valid votes or alter a report to exclude valid votes.
(b) An offense under this section is a felony of the second degree.
SECTION 2. This Act takes effect September 1, 2021.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 574 (senate committee printing) in SECTION 1 of the bill, in added Section 276.014(a)(2), Election Code (page 1, lines 30 and 31) by striking "valid votes or alter a report to exclude valid votes" and substituting "votes the person knows are valid or alter a report to exclude votes the person knows are valid".
HB 569 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Sanford called up with senate amendments for consideration at this time,
HB 569, A bill to be entitled An Act relating to credit toward payment of a fine and costs for certain misdemeanants confined in jail or prison before sentencing.
Representative Sanford moved to concur in the senate amendments to HB 569.
The motion to concur in the senate amendments to HB 569 prevailed by (Record 1239): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 569 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act may be cited as the Bonton Farms Act.
HB 1147 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Huberty called up with senate amendments for consideration at this time,
HB 1147, A bill to be entitled An Act relating to military readiness for purposes of the college, career, or military readiness outcomes bonus under the Foundation School Program.
Representative Huberty moved to concur in the senate amendments to HB 1147.
The motion to concur in the senate amendments to HB 1147 prevailed by (Record 1240): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Senate Committee Substitute
CSHB 1147, A bill to be entitled An Act relating to military readiness for purposes of the indicators of achievement under the public school accountability system and the college, career, or military readiness outcomes bonus under the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053(c), Education Code, is amended to read as follows:
(c) School districts and campuses must be evaluated based on three domains of indicators of achievement adopted under this section that include:
(1) in the student achievement domain, indicators of student achievement that must include:
(A) for evaluating the performance of districts and campuses generally:
(i) an indicator that accounts for the results of assessment instruments required under Sections 39.023(a), (c), and (l), as applicable for the district and campus, including the results of assessment instruments required for graduation retaken by a student, aggregated across grade levels by subject area, including:
(a) for the performance standard determined by the commissioner under Section 39.0241(a), the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and
(b) for the college readiness performance standard as determined under Section 39.0241, the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and
(ii) an indicator that accounts for the results of assessment instruments required under Section 39.023(b), as applicable for the district and campus, including the percentage of students who performed satisfactorily on the assessment instruments, as determined by the performance standard adopted by the agency, aggregated across grade levels by subject area; and
(B) for evaluating the performance of high school campuses and districts that include high school campuses, indicators that account for:
(i) students who satisfy the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.334 on an assessment instrument in reading or mathematics designated by the coordinating board under that section;
(ii) students who satisfy relevant performance standards on advanced placement tests or similar assessments;
(iii) students who earn dual course credits in the dual credit courses;
(iv) students who enlist in the armed forces of the United States or the Texas National Guard;
(v) students who earn industry certifications;
(vi) students admitted into postsecondary industry certification programs that require as a prerequisite for entrance successful performance at the secondary level;
(vii) students whose successful completion of a course or courses under Section 28.014 indicates the student's preparation to enroll and succeed, without remediation, in an entry-level general education course for a baccalaureate degree or associate degree;
(viii) students who successfully met standards on a composite of indicators that through research indicates the student's preparation to enroll and succeed, without remediation, in an entry-level general education course for a baccalaureate degree or associate degree;
(ix) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) subject to the exclusions provided by Subsections (g), (g-1), (g-2), and (g-3);
(x) students who successfully completed an OnRamps dual enrollment course;
(xi) students who successfully completed a practicum or internship approved by the State Board of Education; and
(xii) students who are awarded an associate degree;
(2) in the school progress domain, indicators for effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including assessment instruments under Subdivisions (1)(A)(i) and (ii), the percentage of students who met the standard for improvement, as determined by the commissioner; and
(B) for evaluating relative performance, the performance of districts and campuses compared to similar districts or campuses; and
(3) in the closing the gaps domain, the use of disaggregated data to demonstrate the differentials among students from different racial and ethnic groups, socioeconomic backgrounds, and other factors, including:
(A) students formerly receiving special education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 2. Section 48.110(f), Education Code, is amended to read as follows:
(f) For purposes of this section, an annual graduate demonstrates:
(1) college readiness if the annual graduate:
(A) achieves college readiness standards used for accountability purposes under Chapter 39 on the ACT, the SAT, or an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.334; and
(B) during a time period established by commissioner rule, enrolls at a postsecondary educational institution;
(2) career readiness if the annual graduate:
(A) achieves college readiness standards used for accountability purposes under Chapter 39 on the ACT, the SAT, or an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.334; and
(B) during a time period established by commissioner rule, earns an industry-accepted certificate; and
(3) military readiness if the annual graduate:
(A) achieves a passing score set by the applicable military branch on the Armed Services Vocational Aptitude Battery; and
(B) during a time period established by commissioner rule, enlists in the armed forces of the United States or the Texas National Guard.
SECTION 3. This Act takes effect September 1, 2021.
HB 1322 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Shaheen called up with senate amendments for consideration at this time,
HB 1322, A bill to be entitled An Act relating to a summary of a rule proposed by a state agency.
Representative Shaheen moved to concur in the senate amendments to HB 1322.
The motion to concur in the senate amendments to HB 1322 prevailed by (Record 1241): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Senate Committee Substitute
CSHB 1322, A bill to be entitled An Act relating to a summary of a rule proposed by a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.023, Government Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) At the time a state agency files notice of a proposed rule under Subsection (b), the agency shall publish on the agency's Internet website a summary of the proposed rule written in plain language in both English and Spanish in accordance with Section 2054.116.
(d) For purposes of Subsection (c), a summary is written in plain language if it uses language the general public, including individuals with limited English proficiency, can readily understand because the language is concise and well-organized.
SECTION 2. The change in law made by this Act applies only to a proposed state agency rule for which notice is filed with the secretary of state under Section 2001.023, Government Code, on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
HB 2723 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Meyer called up with senate amendments for consideration at this time,
HB 2723, A bill to be entitled An Act relating to public notice of the availability on the Internet of property-tax-related information.
Representative Meyer moved to concur in the senate amendments to HB 2723.
The motion to concur in the senate amendments to HB 2723 prevailed by (Record 1242): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Senate Committee Substitute
CSHB 2723, A bill to be entitled An Act relating to public notice of the availability on the Internet of property-tax-related information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.004(c), Education Code, is amended to read as follows:
(c) The notice of public meeting to discuss and adopt the budget and the proposed tax rate may not be smaller than one-quarter page of a standard-size or a tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. Subject to Subsection (d), the notice must:
(1) contain a statement in the following form:
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
"The (name of school district) will hold a public meeting at (time, date, year) in (name of room, building, physical location, city, state). The purpose of this meeting is to discuss the school district's budget that will determine the tax rate that will be adopted. Public participation in the discussion is invited." The statement of the purpose of the meeting must be in bold type. In reduced type, the notice must state: "The tax rate that is ultimately adopted at this meeting or at a separate meeting at a later date may not exceed the proposed rate shown below unless the district publishes a revised notice containing the same information and comparisons set out below and holds another public meeting to discuss the revised notice." In addition, in reduced type, the notice must state: "Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.";
(2) contain a section entitled "Comparison of Proposed Budget with Last Year's Budget," which must show the difference, expressed as a percent increase or decrease, as applicable, in the amounts budgeted for the preceding fiscal year and the amount budgeted for the fiscal year that begins in the current tax year for each of the following:
(A) maintenance and operations;
(B) debt service; and
(C) total expenditures;
(3) contain a section entitled "Total Appraised Value and Total Taxable Value," which must show the total appraised value and the total taxable value of all property and the total appraised value and the total taxable value of new property taxable by the district in the preceding tax year and the current tax year as calculated under Section 26.04, Tax Code;
(4) contain a statement of the total amount of the outstanding and unpaid bonded indebtedness of the school district;
(5) contain a section entitled "Comparison of Proposed Rates with Last Year's Rates," which must:
(A) show in rows the tax rates described by Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of property, for columns entitled "Maintenance & Operations," "Interest & Sinking Fund," and "Total," which is the sum of "Maintenance & Operations" and "Interest & Sinking Fund":
(i) the school district's "Last Year's Rate";
(ii) the "Rate to Maintain Same Level of Maintenance & Operations Revenue & Pay Debt Service," which:
(a) in the case of "Maintenance & Operations," is the tax rate that, when applied to the current taxable value for the district, as certified by the chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, would impose taxes in an amount that, when added to state funds to be distributed to the district under Chapter 48, would provide the same amount of maintenance and operations taxes and state funds distributed under Chapter 48 per student in average daily attendance for the applicable school year that was available to the district in the preceding school year; and
(b) in the case of "Interest & Sinking Fund," is the tax rate that, when applied to the current taxable value for the district, as certified by the chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, and when multiplied by the district's anticipated collection rate, would impose taxes in an amount that, when added to state funds to be distributed to the district under Chapter 46 and any excess taxes collected to service the district's debt during the preceding tax year but not used for that purpose during that year, would provide the amount required to service the district's debt; and
(iii) the "Proposed Rate";
(B) contain fourth and fifth columns aligned with the columns required by Paragraph (A) that show, for each row required by Paragraph (A):
(i) the "Local Revenue per Student," which is computed by multiplying the district's total taxable value of property, as certified by the chief appraiser for the applicable school year under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, by the total tax rate, and dividing the product by the number of students in average daily attendance in the district for the applicable school year; and
(ii) the "State Revenue per Student," which is computed by determining the amount of state aid received or to be received by the district under Chapters 43, 46, and 48 and dividing that amount by the number of students in average daily attendance in the district for the applicable school year; and
(C) contain an asterisk after each calculation for "Interest & Sinking Fund" and a footnote to the section that, in reduced type, states "The Interest & Sinking Fund tax revenue is used to pay for bonded indebtedness on construction, equipment, or both. The bonds, and the tax rate necessary to pay those bonds, were approved by the voters of this district.";
(6) contain a section entitled "Comparison of Proposed Levy with Last Year's Levy on Average Residence," which must:
(A) show in rows the information described by Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns entitled "Last Year" and "This Year":
(i) "Average Market Value of Residences," determined using the same group of residences for each year;
(ii) "Average Taxable Value of Residences," determined after taking into account the limitation on the appraised value of residences under Section 23.23, Tax Code, and after subtracting all homestead exemptions applicable in each year, other than exemptions available only to disabled persons or persons 65 years of age or older or their surviving spouses, and using the same group of residences for each year;
(iii) "Last Year's Rate Versus Proposed Rate per $100 Value"; and
(iv) "Taxes Due on Average Residence," determined using the same group of residences for each year; and
(B) contain the following information: "Increase (Decrease) in Taxes" expressed in dollars and cents, which is computed by subtracting the "Taxes Due on Average Residence" for the preceding tax year from the "Taxes Due on Average Residence" for the current tax year;
(7) contain the following statement in bold print: "Under state law, the dollar amount of school taxes imposed on the residence of a person 65 years of age or older or of the surviving spouse of such a person, if the surviving spouse was 55 years of age or older when the person died, may not be increased above the amount paid in the first year after the person turned 65, regardless of changes in tax rate or property value.";
(8) contain the following statement in bold print: "Notice of Voter-Approval Rate: The highest tax rate the district can adopt before requiring voter approval at an election is (the school district voter-approval rate determined under Section 26.08, Tax Code). This election will be automatically held if the district adopts a rate in excess of the voter-approval rate of (the school district voter-approval rate)."; and
(9) contain a section entitled "Fund Balances," which must include the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal year that are not encumbered with or by corresponding debt obligation, less estimated funds necessary for the operation of the district before the receipt of the first payment under Chapter 48 in the succeeding school year.
SECTION 2. Section 25.19, Tax Code, is amended by adding Subsection (m) to read as follows:
(m) A notice required by Subsection (a) or (g) must include the following statement: "Beginning August 7th, visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information regarding the amount of taxes that each entity that taxes your property will impose if the entity adopts its proposed tax rate. Your local property tax database will be updated regularly during August and September as local elected officials propose and adopt the property tax rates that will determine how much you pay in property taxes."
SECTION 3. Section 26.04(e-2), Tax Code, is amended to read as follows:
(e-2) By August 7 or as soon thereafter as practicable, the chief appraiser of each appraisal district shall deliver by regular mail or e-mail to each owner of property located in the appraisal district a notice that the estimated amount of taxes to be imposed on the owner's property by each taxing unit in which the property is located may be found in the property tax database maintained by the appraisal district under Section 26.17. The notice must include:
(1) the following [a] statement: "Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information regarding the amount of taxes that each entity that taxes your property will impose if the entity adopts its proposed tax rate. Your local property tax database will be updated regularly during August and September as local elected officials propose and adopt the property tax rates that will determine how much you pay in property taxes." [directing the property owner to an Internet website from which the owner may access information related to the actions taken or proposed to be taken by each taxing unit in which the property is located that may affect the taxes imposed on the owner's property];
(2) a statement that the property owner may request from the county assessor-collector for the county in which the property is located or, if the county assessor-collector does not assess taxes for the county, the person who assesses taxes for the county under Section 6.24(b), contact information for the assessor for each taxing unit in which the property is located, who must provide the information described by this subsection to the owner on request; and
(3) the name, address, and telephone number of the county assessor-collector for the county in which the property is located or, if the county assessor-collector does not assess taxes for the county, the person who assesses taxes for the county under Section 6.24(b).
SECTION 4. Section 26.052, Tax Code, is amended by adding Subsection (e-1) to read as follows:
(e-1) Public notice provided under Subsection (c) must include the following statement: "Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property."
SECTION 5. Sections 26.06(b-1), (b-2), and (b-3), Tax Code, are amended to read as follows:
(b-1) If the proposed tax rate exceeds the no-new-revenue tax rate and the voter-approval tax rate of the taxing unit, the notice must contain a statement in the following form:
"NOTICE OF PUBLIC HEARING ON TAX INCREASE
"PROPOSED TAX RATE
$__________ per $100
"NO-NEW-REVENUE TAX RATE
$__________ per $100
"VOTER-APPROVAL TAX RATE
$__________ per $100
"The no-new-revenue tax rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year.
"The voter-approval tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to seek voter approval of the rate.
"The proposed tax rate is greater than the no-new-revenue tax rate. This means that (name of taxing unit) is proposing to increase property taxes for the (current tax year) tax year.
"A public hearing on the proposed tax rate will be held on (date and time) at (meeting place).
"The proposed tax rate is also greater than the voter-approval tax rate. If (name of taxing unit) adopts the proposed tax rate, (name of taxing unit) is required to hold an election so that the voters may accept or reject the proposed tax rate. If a majority of the voters reject the proposed tax rate, the tax rate of the (name of taxing unit) will be the voter-approval tax rate. The election will be held on (date of election). You may contact the (name of office responsible for administering the election) for information about voting locations. The hours of voting on election day are (voting hours).
"Your taxes owed under any of the tax rates mentioned above can be calculated as follows:
"Property tax amount = tax rate x taxable value of your property / 100
"(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)
"Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
"The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state."
(b-2) If the proposed tax rate exceeds the no-new-revenue tax rate but does not exceed the voter-approval tax rate of the taxing unit, the notice must contain a statement in the following form:
"NOTICE OF PUBLIC HEARING ON TAX INCREASE
"PROPOSED TAX RATE
$__________ per $100
"NO-NEW-REVENUE TAX RATE
$__________ per $100
"VOTER-APPROVAL TAX RATE
$__________ per $100
"The no-new-revenue tax rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year.
"The voter-approval tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to seek voter approval of the rate.
"The proposed tax rate is greater than the no-new-revenue tax rate. This means that (name of taxing unit) is proposing to increase property taxes for the (current tax year) tax year.
"A public hearing on the proposed tax rate will be held on (date and time) at (meeting place).
"The proposed tax rate is not greater than the voter-approval tax rate. As a result, (name of taxing unit) is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the (name of governing body) of (name of taxing unit) at their offices or by attending the public hearing mentioned above.
"Your taxes owed under any of the tax rates mentioned above can be calculated as follows:
"Property tax amount = tax rate x taxable value of your property / 100
"(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)
"Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
"The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state."
(b-3) If the proposed tax rate does not exceed the no-new-revenue tax rate but exceeds the voter-approval tax rate of the taxing unit, the notice must contain a statement in the following form:
"NOTICE OF PUBLIC HEARING ON TAX RATE
"PROPOSED TAX RATE
$__________ per $100
"NO-NEW-REVENUE TAX RATE
$__________ per $100
"VOTER-APPROVAL TAX RATE
$__________ per $100
"The no-new-revenue tax rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year.
"The voter-approval tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to seek voter approval of the rate.
"The proposed tax rate is not greater than the no-new-revenue tax rate. This means that (name of taxing unit) is not proposing to increase property taxes for the (current tax year) tax year.
"A public hearing on the proposed tax rate will be held on (date and time) at (meeting place).
"The proposed tax rate is greater than the voter-approval tax rate. If (name of taxing unit) adopts the proposed tax rate, (name of taxing unit) is required to hold an election so that the voters may accept or reject the proposed tax rate. If a majority of the voters reject the proposed tax rate, the tax rate of the (name of taxing unit) will be the voter-approval tax rate. The election will be held on (date of election). You may contact the (name of office responsible for administering the election) for information about voting locations. The hours of voting on election day are (voting hours).
"Your taxes owed under any of the tax rates mentioned above can be calculated as follows:
"Property tax amount = tax rate x taxable value of your property / 100
"(Names of all members of the governing body, showing how each voted on the proposal to consider the tax rate or, if one or more were absent, indicating the absences.)
"Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
"The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state."
SECTION 6. Section 26.061(b), Tax Code, is amended to read as follows:
(b) The notice of the meeting at which the governing body of the taxing unit will vote on the proposed tax rate must contain a statement in the following form:
"NOTICE OF MEETING TO VOTE ON TAX RATE
"PROPOSED TAX RATE
$__________ per $100
"NO-NEW-REVENUE TAX RATE
$__________ per $100
"VOTER-APPROVAL TAX RATE
$__________ per $100
"The no-new-revenue tax rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year.
"The voter-approval tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to seek voter approval of the rate.
"The proposed tax rate is not greater than the no-new-revenue tax rate. This means that (name of taxing unit) is not proposing to increase property taxes for the (current tax year) tax year.
"A public meeting to vote on the proposed tax rate will be held on (date and time) at (meeting place).
"The proposed tax rate is also not greater than the voter-approval tax rate. As a result, (name of taxing unit) is not required to hold an election to seek voter approval of the rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the (name of governing body) of (name of taxing unit) at their offices or by attending the public meeting mentioned above.
"Your taxes owed under any of the above rates can be calculated as follows:
"Property tax amount = tax rate x taxable value of your property / 100
"(Names of all members of the governing body, showing how each voted on the proposed tax rate or, if one or more were absent, indicating the absences.)
"Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
"The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state."
SECTION 7. Chapter 26, Tax Code, is amended by adding Section 26.175 to read as follows:
Sec. 26.175. PROPERTY TAX DATABASE LOCATOR WEBSITE. (a) In this section, "property tax database" means a property tax database required to be created and maintained by a chief appraiser under Section 26.17.
(b) The Department of Information Resources shall develop and maintain an easily accessible Internet website that lists each property tax database and includes a method to assist a property owner to identify the appropriate property tax database for the owner's property.
(c) The Internet website must provide a separate link to the Internet location of each property tax database.
(d) The address of the Internet website must be "Texas.gov/PropertyTaxes."
SECTION 8. Section 49.236(a), Water Code, is amended to read as follows:
(a) Before the board adopts an ad valorem tax rate for the district for debt service, operation and maintenance purposes, or contract purposes, the board shall give notice of each meeting of the board at which the adoption of a tax rate will be considered. The notice must:
(1) contain a statement in substantially the following form:
"NOTICE OF PUBLIC HEARING ON TAX RATE
"The (name of the district) will hold a public hearing on a proposed tax rate for the tax year (year of tax levy) on (date and time) at (meeting place). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the tax rate that is adopted and on the change in the taxable value of your property in relation to the change in taxable value of all other property. The change in the taxable value of your property in relation to the change in the taxable value of all other property determines the distribution of the tax burden among all property owners.
"Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
"(Names of all board members and, if a vote was taken, an indication of how each voted on the proposed tax rate and an indication of any absences.)";
(2) contain the following information:
(A) the district's total adopted tax rate for the preceding year and the proposed tax rate, expressed as an amount per $100;
(B) the difference, expressed as an amount per $100 and as a percent increase or decrease, as applicable, in the proposed tax rate compared to the adopted tax rate for the preceding year;
(C) the average appraised value of a residence homestead in the district in the preceding year and in the current year; the district's total homestead exemption, other than an exemption available only to disabled persons or persons 65 years of age or older, applicable to that appraised value in each of those years; and the average taxable value of a residence homestead in the district in each of those years, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older;
(D) the amount of tax that would have been imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older;
(E) the amount of tax that would be imposed by the district in the current year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, if the proposed tax rate is adopted;
(F) the difference between the amounts of tax calculated under Paragraphs (D) and (E), expressed in dollars and cents and described as the annual percentage increase or decrease, as applicable, in the tax to be imposed by the district on the average residence homestead in the district in the current year if the proposed tax rate is adopted; and
(G) if the proposed combined debt service, operation and maintenance, and contract tax rate requires or authorizes an election to approve or reduce the tax rate, as applicable, a description of the purpose of the proposed tax increase;
(3) contain a statement in substantially the following form, as applicable:
(A) if the district is a district described by Section 49.23601:
"NOTICE OF VOTE ON TAX RATE
"If the district adopts a combined debt service, operation and maintenance, and contract tax rate that would result in the taxes on the average residence homestead increasing by more than eight percent, an election must be held to determine whether to approve the operation and maintenance tax rate under Section 49.23601, Water Code.";
(B) if the district is a district described by Section 49.23602:
"NOTICE OF VOTE ON TAX RATE
"If the district adopts a combined debt service, operation and maintenance, and contract tax rate that would result in the taxes on the average residence homestead increasing by more than 3.5 percent, an election must be held to determine whether to approve the operation and maintenance tax rate under Section 49.23602, Water Code."; or
(C) if the district is a district described by Section 49.23603:
"NOTICE OF TAXPAYERS' RIGHT TO ELECTION TO REDUCE TAX RATE
"If the district adopts a combined debt service, operation and maintenance, and contract tax rate that would result in the taxes on the average residence homestead increasing by more than eight percent, the qualified voters of the district by petition may require that an election be held to determine whether to reduce the operation and maintenance tax rate to the voter-approval tax rate under Section 49.23603, Water Code."; and
(4) include the following statement: "The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state.".
SECTION 9. Not later than January 1, 2022, the Department of Information Resources shall develop the Internet website required by Section 26.175, Tax Code, as added by this Act.
SECTION 10. The changes in law made by this Act apply only to a notice required to be delivered for an ad valorem tax year that begins on or after January 1, 2022.
SECTION 11. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.
HB 2404 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Meyer called up with senate amendments for consideration at this time,
HB 2404, A bill to be entitled An Act relating to the creation and maintenance of a database of information regarding certain local economic development agreements; providing a civil penalty.
Representative Meyer moved to concur in the senate amendments to HB 2404.
The motion to concur in the senate amendments to HB 2404 prevailed by (Record 1243): 139 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Swanson; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C); Deshotel.
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
STATEMENT OF VOTE
When Record No. 1243 was taken, I was shown voting present, not voting. I intended to vote yes.
Deshotel
Senate Committee Substitute
CSHB 2404, A bill to be entitled An Act relating to the creation and maintenance of a database of information regarding certain local economic development agreements; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is amended by adding Sections 403.0246 and 403.0247 to read as follows:
Sec. 403.0246. LOCAL DEVELOPMENT AGREEMENT DATABASE. (a) In this section:
(1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday.
(2) "Local development agreement" means:
(A) an agreement entered into by a municipality under Section 380.001 or 380.002, Local Government Code;
(B) an agreement entered into by a county under Section 381.004, Local Government Code; or
(C) any other agreement to grant or otherwise commit public money or other resources for economic development purposes by a local government under Chapter 380 or 381, Local Government Code.
(3) "Local government" includes:
(A) a municipality;
(B) a county;
(C) a county industrial commission under Section 381.001, Local Government Code; or
(D) a board of development under Section 381.002, Local Government Code.
(b) The comptroller shall create and make accessible on the Internet a database, to be known as the Chapter 380 and 381 Agreement Database, that contains information regarding all local development agreements in this state.
(c) For each local development agreement described by Subsection (b), the database must include:
(1) the name of the local government that entered into the agreement;
(2) a numerical code assigned to the local government by the comptroller;
(3) the address of the local government's administrative offices and public contact information;
(4) the name of the appropriate officer or other person representing the local government and that person's contact information;
(5) the name of any entity that entered into the agreement with the local government;
(6) the date on which the agreement went into effect and the date on which the agreement expires;
(7) the focus or scope of the agreement;
(8) an electronic copy of the agreement; and
(9) the name and contact information of the individual reporting the information to the comptroller.
(d) The comptroller may consult with the appropriate officer of, or other person representing, each local government that enters into a local development agreement to obtain the information necessary to operate and update the database.
(e) The comptroller shall enter into the database for access by the public the information described by Subsection (c) not later than the 15th business day after the date the comptroller receives the information from the providing local government. The information, including a copy of the agreement, must remain accessible to the public through the database during the period the agreement is in effect.
(f) The comptroller may not charge a fee to the public to access the database.
(g) The comptroller may establish procedures and adopt rules to implement this section.
Sec. 403.0247. NONCOMPLIANCE; CIVIL PENALTY. (a) In this section, "local development agreement" has the meaning assigned by Section 403.0246.
(b) If a local government that enters into a local development agreement has not complied with a requirement to provide information under Section 403.0246 of this code or Section 380.004 or 381.005, Local Government Code, the comptroller shall send a notice to the local government. The notice must be in writing, describe the information that must be submitted to the comptroller, and inform the local government that if the information is not provided on or before the 30th day after the date the notice is provided, the local government will be subject to a civil penalty of $1,000.
(c) If a local government does not report the required information as prescribed by Subsection (b), the local government is liable to the state for a civil penalty of $1,000.
(d) The attorney general may sue to collect a civil penalty imposed under this section.
(e) It is a defense to an action brought under this section that the local government provided the required information or documents to the extent the information or documents are not exempt from disclosure or confidential under Chapter 552.
SECTION 2. Chapter 380, Local Government Code, is amended by adding Section 380.004 to read as follows:
Sec. 380.004. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. (a) Not later than the 14th day after the date of entering into, amending, or renewing an agreement authorized by this chapter, a municipality shall submit to the comptroller the information described by Section 403.0246(c), Government Code, and any other information the comptroller considers necessary to operate and update the database described by that section.
(b) A municipality shall transmit the information required by Subsection (a) in a form and manner prescribed by the comptroller.
(c) If a municipality submits an agreement to the comptroller under this section and maintains an Internet website, the municipality shall provide on the website a direct link to the location of the agreement information published on the comptroller's Internet website.
SECTION 3. Chapter 381, Local Government Code, is amended by adding Section 381.005 to read as follows:
Sec. 381.005. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. (a) Not later than the 14th day after the date of entering into, amending, or renewing an agreement authorized by this chapter, a county, county industrial commission, or development board, as applicable, shall submit to the comptroller the information described by Section 403.0246(c), Government Code, and any other information the comptroller considers necessary to operate and update the database described by that section.
(b) A county, commission, or board shall transmit the information required by Subsection (a) in a form and manner prescribed by the comptroller.
(c) If a county or a commission or board created by the county submits an agreement to the comptroller under this section and the county maintains an Internet website, the county shall provide on the website a direct link to the location of the agreement information published on the comptroller's Internet website.
SECTION 4. (a) For each agreement described by Section 403.0246, Government Code, as added by this Act, that is in effect on the effective date of this Act, the local government that entered into the agreement shall, not later than January 1, 2022, submit to the comptroller the information described by that section and any other information the comptroller considers necessary to operate and update the database required by that section.
(b) The comptroller shall publish on the comptroller's Internet website the information received under this section not later than September 1, 2022.
SECTION 5. The comptroller shall create and post on the comptroller's Internet website the database required by Section 403.0246, Government Code, as added by this Act, not later than September 1, 2022.
SECTION 6. The comptroller is required to implement the changes in law made by this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the comptroller may, but is not required to, implement this Act using other appropriations available for that purpose.
SECTION 7. This Act takes effect September 1, 2021.
HB 2152 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Meyer called up with senate amendments for consideration at this time,
HB 2152, A bill to be entitled An Act relating to the online renewal of vehicle registration.
Representative Meyer moved to concur in the senate amendments to HB 2152.
The motion to concur in the senate amendments to HB 2152 prevailed by (Record 1244): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cason; Coleman; Dean; Thierry; White.
Senate Committee Substitute
CSHB 2152, A bill to be entitled An Act relating to the online renewal of vehicle registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 502, Transportation Code, is amended by adding Section 502.0435 to read as follows:
Sec. 502.0435. ONLINE REGISTRATION RENEWAL. If a person is otherwise eligible to renew a vehicle registration under this chapter, the person may renew the vehicle registration through an online registration system maintained by the department.
SECTION 2. This Act takes effect September 1, 2021.
FIVE-DAY POSTING RULE SUSPENDED
Representative Anchia moved to suspend the five-day posting rule to allow the Committee on Pensions, Investments, and Financial Services to consider SB 604, SB 1204, and SB 1984 at 8 a.m. tomorrow in E2.030.
The motion prevailed.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
ADJOURNMENT
Representatives Geren and S. Thompson moved that the house adjourn until 10 a.m. tomorrow in memory of the Honorable Mike "Tuffy" Hamilton of Orange County.
The motion prevailed.
The house accordingly, at 12:30 p.m., adjourned until 10 a.m. tomorrow.
ADDENDUM
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HR 1271 (By Fierro), In memory of Alvin Jones Sr.
To Resolutions Calendars.
HR 1272 (By Wu), Paying tribute to the life of Houston television personality and consumer advocate Marvin Zindler on the occasion of the 100th anniversary of his birth.
To Resolutions Calendars.
HR 1273 (By Fierro), In memory of George Elias Salom of El Paso.
To Resolutions Calendars.
HR 1274 (By Cook), Congratulating Michelle Newsom on her reelection as the Place 1 representative on the Mansfield Independent School District Board of Trustees.
To Resolutions Calendars.
HR 1275 (By Murphy), Congratulating Robert and Jessica Murphy on the birth of their son, Mark James "MJ" Murphy.
To Resolutions Calendars.
HR 1276 (By Vasut), Congratulating William Orton of Matagorda County on being selected as Constable of the Year by the Justices of the Peace and Constables Association of Texas.
To Resolutions Calendars.
HR 1277 (By Vasut), Congratulating Paul E. Reitz on his retirement as district engineer for the Yoakum District of the Texas Department of Transportation.
To Resolutions Calendars.
HR 1278 (By Vasut), Congratulating Dr. Millicent M. Valek on her retirement as president of Brazosport College.
To Resolutions Calendars.
HR 1279 (By Vasut), Commending Henry Mendez for his 46 years of service with the Lake Jackson Volunteer Fire Department.
To Resolutions Calendars.
HR 1280 (By Goldman), Congratulating Taylor Fox of Fort Worth on her selection as the 2021 Nurse of the Year and her receipt of the 2021 Gold Stethoscope Award from the JPS Health Network.
To Resolutions Calendars.
HR 1281 (By Ashby), Congratulating Craig Thompson on his success as a horse trainer and in National Cutting Horse Association competitions.
To Resolutions Calendars.
HR 1282 (By Lopez), Congratulating Coach Leila Lockett on her selection as the 2018-2019 Teacher of the Year for E. T. Wrenn Middle School in San Antonio.
To Resolutions Calendars.
HR 1283 (By Lopez), Congratulating Jennifer Ramirez on her selection as the 2018-2019 Teacher of the Year for Stafford Elementary School in San Antonio.
To Resolutions Calendars.
HR 1284 (By Ordaz Perez), Commending El Paso City Representative Henry Rivera and the Zaragoza Rotary Club of El Paso for their efforts to maintain the temporary memorial at the Cielo Vista Walmart in El Paso.
To Resolutions Calendars.
HR 1285 (By Wilson), Recognizing the electrical utility line and generation workers of Texas for their efforts during the 2021 winter storm.
To Resolutions Calendars.
HR 1286 (By Kacal), In memory of Dr. Ennis Holmes of Mexia.
To Resolutions Calendars.
HR 1287 (By Parker), Congratulating Eddie Gossage on his retirement as president of Texas Motor Speedway in Fort Worth.
To Resolutions Calendars.
HR 1288 (By Cook), Honoring William Wade "Bill" Zedler of Arlington for his service in the Texas House of Representatives.
To Resolutions Calendars.
HR 1289 (By Anchia), Honoring Carol Donovan for her service as Dallas County Democratic Party chair.
To Resolutions Calendars.
HR 1290 (By Leach), Congratulating Eric Yang of the Lowery Freshman Center in Allen on finishing in the top 100 contestants in the 2021 CyberStart America National Cyber Scholarship Competition.
To Resolutions Calendars.
HR 1291 (By Neave), In memory of Sonia Castellano Vasquez of Dallas.
To Resolutions Calendars.
SB 1084 to Human Services.
SB 1388 to Criminal Jurisprudence.
SB 1947 to Land and Resource Management.
SB 2094 to Public Education.
SB 2246 to Transportation.
SCR 51 to Resolutions Calendars.
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 17
Appropriations - SB 1827
County Affairs - SB 1165, SB 1357
Criminal Jurisprudence - SB 56, SB 111, SB 1125
Defense and Veterans' Affairs - SB 1208
Elections - SB 331, SB 1018, SB 1111, SB 1113, SB 1114, SB 1509, SB 1901
Higher Education - SB 1019, SB 1521, SB 1531
Homeland Security and Public Safety - SB 841
Human Services - SB 50, SB 910, SB 1149
Insurance - SB 1065, SB 1296, SB 1602
Licensing and Administrative Procedures - SB 839
Public Education - SB 168, SB 179, SB 226, SB 462, SB 560, SB 746, SB 1063, SB 1267, SB 1356, SB 1436, SB 1522, SB 1590, SB 1831
Public Health - SB 967, SB 969, SB 984, SB 1856, SB 1895, SCR 21
State Affairs - SB 23, SB 59, SB 62, SB 566, SB 800, SB 2116, SB 2188, SB 2233, SCR 29
Transportation - SB 1270
Ways and Means - SB 916, SB 1427