Thursday, May 20, 2021

FIFTY-SECOND DAY --- THURSDAY, MAY 20, 2021

The house met at 10:29 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 1264).

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

Absent — Goodwin.

The invocation was offered by Representative Harris as follows:

Father, my prayer this morning is simple. You've blessed us with an incredible responsibility to represent the people that we live with, and being in this setting and surrounded by everything we are surrounded by can cause us to think that it's all about us. And we know it's not. And so Father, I pray that you would strip away the egos and the self-interest that is so high right now at this time of session and that our sole focus would be to glorify you and to point towards you and that we would concentrate on doing our jobs effectively that we've been sent here to do. And it's in the name of Jesus that I pray. Amen.

The speaker led the house in the pledges of allegiance to the United States and Texas flags.

MESSAGE FROM THE SENATE

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

PROVIDING FOR A LOCAL, CONSENT,
AND RESOLUTIONS CALENDAR

Representative Geren moved to set a local, consent, and resolutions calendar for 9 a.m. Wednesday, May 26.

The motion prevailed.

LEAVE OF ABSENCE GRANTED

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

Coleman on motion of Walle.

HB 1544 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1544, A bill to be entitled An Act relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.

Representative Guillen moved to concur in the senate amendments to HB 1544.

The motion to concur in the senate amendments to HB 1544 prevailed by (Record 1265): 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; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Goodwin; Herrero; Martinez Fischer; Morales Shaw.

STATEMENT OF VOTE

When Record No. 1265 was taken, I was in the house but away from my desk. I would have voted yes.

Morales Shaw

Senate Committee Substitute

CSHB 1544, A bill to be entitled An Act relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 23, Tax Code, is amended by adding Section 23.527 to read as follows:

Sec. 23.527. TEMPORARY CESSATION OF AGRICULTURAL USE FOR SAND MINING OPERATION. (a) In this section:

(1) "Commission" means the Texas Commission on Environmental Quality.

(2) "Executive director" means the executive director of the commission.

(3) "Marketable material" means sand mined and processed for sale.

(4) "Sand mining operation" means an aggregate production operation registered under Chapter 28A, Water Code, at which sand is removed or extracted.

(5) "Unmarketable material" means material excavated or mined other than marketable material and includes surface soil, unmarketable sand, and overburden and interburden encountered during mining and processing operations.

(b) This section applies only to a sand mining operation that overlies the Carrizo-Wilcox Aquifer and is located within:

(1) 30 miles of the boundary of a municipality with a population of more than 500,000; or

(2) one mile of a building in use as a single-family or multifamily residence.

(c) The measurement of distance for purposes of Subsection (b) shall be taken from the point on the sand mining operation that is nearest to the municipal boundary or residence toward the point on the municipal boundary or residence that is nearest to the sand mining operation.

(d) The eligibility of land for appraisal under this subchapter does not end because the land ceases to be devoted principally to agricultural use to the degree of intensity generally accepted in the area if:

(1) the owner of the land intends that the use of the land in that manner and to that degree of intensity be resumed;

(2) the land is used for a sand mining operation; and

(3) the land is reclaimed according to the standard best practices adopted under this section not later than the first anniversary of the date sand mining operations began on the land.

(e) The owner of land to which this section applies must notify the appraisal office in writing not later than the 30th day after the date sand mining operations begin on the land that the owner intends to ensure that the requirements of Subsection (d) are met.

(f) The commission by rule shall adopt standard best practices for reclamation of land used for a sand mining operation to be used for the purposes of this section. The standards must:

(1) provide for the protection of surface water, groundwater, agricultural land, wildlife habitat, and wetlands;

(2) require reclamation to:

(A) occur concurrently with sand mining operations by managing the movement of marketable and unmarketable material encountered during the operations; and

(B) incorporate best practices adopted by the Natural Resources Conservation Service of the United States Department of Agriculture;

(3) include post-mining reclamation grade standards;

(4) establish slope stabilization requirements, including by grading perpendicular to the gradient;

(5) require unmarketable material from the land to be stockpiled on the land and used as backfill for site restoration;

(6) prohibit the inclusion of material not excavated from the land in the backfill used for site restoration;

(7) prohibit the stockpiling of unmarketable material at a horizontal to vertical slope greater than a 3 to 1 ratio;

(8) require surface soil removed during sand mining operations to be used as the uppermost layer of the final reclamation grade;

(9) require a reclaimed area to be left for successive vegetation growth after final reclamation grade standard best practices have been satisfied; and

(10) encourage the construction of ponds to catch runoff in locations that are outside critical runoff zones for rivers.

(g) The commission shall establish a process to allow an owner of land who submits a notice under Subsection (e) to obtain from the executive director a letter determining whether the land that is the subject of the notice was reclaimed according to the standard best practices adopted under this section in the time frame required under Subsection (d). The owner must apply to the executive director for the determination not later than the 90th day after the first anniversary of the date sand mining operations began on the land.

(h) The executive director shall:

(1) send notice by regular mail or by electronic means to the chief appraiser of the appraisal district for the county in which the land is located that the owner has applied for a determination letter for the land;

(2) issue a letter to the owner stating the executive director's determination of whether the land has been reclaimed according to the standard best practices adopted under this section in the time frame required under Subsection (d); and

(3) send a copy of the determination letter by regular mail or by electronic means to the chief appraiser of the appraisal district for the county in which the land is located.

(i) Not later than the 20th day after the date of receipt of the letter issued by the executive director, the owner seeking the determination or the chief appraiser may appeal the executive director's determination to the commission. The commission shall consider the appeal at the next regularly scheduled meeting of the commission for which adequate notice may be given. The owner seeking the determination and the chief appraiser may testify at the meeting. The commission may remand the matter to the executive director for a new determination or deny the appeal and affirm the executive director's determination. On issuance of a new determination, the executive director shall issue a letter to the owner seeking the determination and provide a copy to the chief appraiser as provided by Subsection (h). A new determination of the executive director may be appealed to the commission in the manner provided by this subsection. A proceeding under this subsection is not a contested case for purposes of Chapter 2001, Government Code.

(j) The executive director shall issue a determination letter required by Subsection (h) to the owner seeking the determination, and the commission shall take final action on the initial appeal under Subsection (i) if an appeal is made, not later than the first anniversary of the date the executive director receives the request from the owner for the determination.

(k) The commission may charge an owner seeking a determination letter under this section a fee not to exceed its administrative costs for making the determination and issuing the letter required by this section.

(l) The chief appraiser shall accept a final determination by the executive director as conclusive evidence that land was reclaimed according to the standard best practices adopted under this section in the time frame required under Subsection (d).

SECTION 2. (a) This section applies only to land on which a sand mining operation began before the effective date of this Act.

(b) Notwithstanding Section 23.527(e), Tax Code, as added by this Act, the eligibility of the land for appraisal under Subchapter D, Chapter 23, Tax Code, does not end because the land ceases to be devoted principally to agricultural use to the degree of intensity generally accepted in the area if:

(1) the owner of the land provides the notice required by Section 23.527(e), Tax Code, as added by this Act, not later than the 90th day after the effective date of this Act; and

(2) the chief appraiser of the appraisal district in which the land is located has not, as of the effective date of this Act, made a determination under Section 23.55, Tax Code, that a change in use of the land has occurred.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 699 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 699, A bill to be entitled An Act relating to public school attendance and promotion requirements for students diagnosed with or undergoing related treatment for severe or life-threatening illnesses.

Representative Rosenthal moved to concur in the senate amendments to HB 699.

The motion to concur in the senate amendments to HB 699 prevailed by (Record 1266): 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; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Goodwin; Hull; Pacheco.

STATEMENT OF VOTE

When Record No. 1266 was taken, I was in the house but away from my desk. I would have voted yes.

Hull

Senate Committee Substitute

CSHB 699, A bill to be entitled An Act relating to public school attendance requirements for students diagnosed with or undergoing related treatment for severe or life-threatening illnesses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as Riley's Rule.

SECTION 2. Section 25.087(b), Education Code, is amended to read as follows:

(b) A school district shall excuse a student from attending school for:

(1) the following purposes, including travel for those purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;

(D) taking part in a United States naturalization oath ceremony;

(E) serving as an election clerk; or

(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:

(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or

(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; [or]

(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment; or

(3) an absence resulting from a serious or life-threatening illness or related treatment that makes the student's attendance infeasible, if the student or the student's parent or guardian provides a certification from a physician licensed to practice medicine in this state specifying the student's illness and the anticipated period of the student's absence relating to the illness or related treatment.

SECTION 3. Section 25.0915(a-3), Education Code, is amended to read as follows:

(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court under this section, Section 25.0951, or any other provision if the school determines that the student's truancy is the result of:

(1) pregnancy;

(2) being in the state foster program;

(3) homelessness; [or]

(4) severe or life-threatening illness or related treatment; or

(5) being the principal income earner for the student's family.

SECTION 4. Section 25.092, Education Code, is amended by adding Subsection (a-3) to read as follows:

(a-3) A student's excused absence under Section 25.087(b)(3) may not be considered in determining whether the student has satisfied the attendance requirement under Subsection (a) or (a-1).

SECTION 5. This Act applies beginning with the 2021-2022 school year.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 1571 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1571, A bill to be entitled An Act relating to an exemption for certain cemeteries from cemetery location restrictions.

Representative Muñoz moved to concur in the senate amendments to HB 1571.

The motion to concur in the senate amendments to HB 1571 prevailed by (Record 1267): 142 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; Canales; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; 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; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman.

Absent — Campos; Goodwin; Hull; Pacheco; Rogers.

STATEMENT OF VOTE

When Record No. 1267 was taken, I was in the house but away from my desk. I would have voted yes.

Hull

Senate Committee Substitute

CSHB 1571, A bill to be entitled An Act relating to an exemption for certain cemeteries from cemetery location restrictions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 711.008, Health and Safety Code, is amended by adding Subsection (l) to read as follows:

(l) Subsection (a) does not apply to a cemetery established and operating before September 1, 2023, in a municipality:

(1) with a population of not less than 75,000 and not more than 95,000; and

(2) in which a state veterans cemetery is located.

SECTION 2. This Act takes effect September 1, 2021.

HB 315 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

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

Representative VanDeaver moved to concur in the senate amendments to HB 315.

The motion to concur in the senate amendments to HB 315 prevailed by (Record 1268): 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; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Goodwin; Pacheco; Vo.

Senate Committee Substitute

CSHB 315, A bill to be entitled An Act relating to the purchasing of the uniform of certain honorably retired or medically discharged peace officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter D, Chapter 614, Government Code, is amended to read as follows:

SUBCHAPTER D. PURCHASE OF FIREARM OR UNIFORM OF HONORABLY RETIRED, MEDICALLY DISCHARGED, OR DECEASED PEACE OFFICER

SECTION 2. Subchapter D, Chapter 614, Government Code, is amended by adding Section 614.055 to read as follows:

Sec. 614.055. PURCHASE OF UNIFORM ISSUED TO HONORABLY RETIRED AND CERTAIN MEDICALLY DISCHARGED STATE PEACE OFFICERS. (a) An individual may purchase a uniform from a state agency if:

(1) the individual was a peace officer commissioned by the agency;

(2) the individual was honorably retired or medically discharged under conditions other than dishonorable from the individual's commission by the agency; and

(3) the uniform had been previously issued to the individual by the agency.

(b) The nearest surviving relative of an individual described by Subsection (a) may purchase the individual's uniform from the state agency.

(c) A state agency shall establish the amount, which may not exceed fair market value, for which a uniform may be purchased under this section.

(d) An individual who purchases a uniform or on whose behalf a uniform is purchased under this section may be buried in the uniform.

SECTION 3. This Act takes effect September 1, 2021.

GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING

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

SB 22 ON THIRD READING
(Patterson, Collier, Burrows, Hunter, and Canales - House Sponsors)

SB 22, A bill to be entitled An Act relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.

Amendment No. 1

Representative Patterson offered the following amendment to SB 22:

Amend SB 22 on third reading in SECTION 2 of the bill, by striking the text of amended Section 607.051(1), Government Code, as amended by the C. Turner floor amendment on second reading and substituting the following:

(1) "Custodial officer" means a person who is employed by the Board of Pardons and Paroles or the Texas Department of Criminal Justice as a parole officer or caseworker or who is employed by the correctional institutions division of the Texas Department of Criminal Justice and certified by the department as having a normal job assignment that requires frequent or infrequent regularly planned contact with, and in close proximity to, inmates or defendants of the correctional institutions division without the protection of bars, doors, security screens, or similar devices and includes assignments normally involving supervision or the potential for supervision of inmates in inmate housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, agricultural shops or fields, or in other areas on or away from property of the department.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Patterson offered the following amendment to SB 22:

Amend SB 22 on third reading in SECTION 5 of the bill, in added Section 607.0545(a), Government Code (page 4, lines 14 and 15, house committee report) by striking "based on a test approved by" and substituting "based on a test authorized, approved, or licensed by".

Amendment No. 2 was adopted.

SB 22, as amended, was passed by (Record 1269): 139 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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.; 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; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Biedermann; Cain; Cason; Schaefer; Shaheen; Slaton.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Klick; Pacheco.

STATEMENTS OF VOTE

When Record No. 1269 was taken, I was shown voting yes. I intended to vote no.

Gates

When Record No. 1269 was taken, I was shown voting no. I intended to vote yes.

Shaheen

SB 1588 ON THIRD READING
(C. Turner, Bonnen, S. Thompson, Shine, Hefner, et al. - House Sponsors)

SB 1588, A bill to be entitled An Act relating to the powers and duties of certain property owners' associations.

Amendment No. 1

Representative C. Turner offered the following amendment to SB 1588:

Amend SB 1588 on third reading as follows:

(1) Strike Section 202.023(a), Property Code, as added on second reading by Floor Amendment No. 5 by Bonnen, and substitute the following:

(a) This section does not apply to:

(1) a condominium as defined by Section 81.002 or 82.003; or

(2) a master mixed-use property owners' association subject to Chapter 215.

(2) In Section 209.004(a)(8), Property Code, as added on second reading by Floor Amendment No. 1 by C. Turner, strike "or on behalf of".

(3) Strike the SECTION of the bill repealing provisions of the Property Code, and substitute the following appropriately numbered SECTION:

SECTION ____. (a) Section 1105.003(f), Occupations Code, is repealed.

(b) The following provisions of the Property Code are repealed:

(1) Sections 202.018(c) and (d);

(2) Section 209.007(b); and

(3) Sections 209.016(a) and (c).

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

SECTION ____. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect September 1, 2021.

(b) Section 209.004(b-1), Property Code, as added by this Act, takes effect December 1, 2021.

(5) Renumber the SECTIONS of the bill accordingly.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Stephenson offered the following amendment to SB 1588:

Amend SB 1588 on third reading in amended Section 207.004(b)(1)(B), Property Code, by striking "actual damages [~~not more than $500~~]" and substituting "not more than $5,000 [~~$500~~]".

Amendment No. 2 was adopted.

Amendment No. 3

Representative Davis offered the following amendment to SB 1588:

Amend SB 1588 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Chapter 209, Property Code, is amended by adding Section 209.017 to read as follows:

Sec. 209.017. JUSTICE COURT JURISDICTION. An owner of property in a subdivision may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located.

SECTION ____. Section 209.017, Property Code, as added by this Act, applies only to an action brought on or after September 1, 2021.

Amendment No. 3 was adopted.

SB 1588, as amended, was passed by (Record 1270): 144 Yeas, 2 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; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Beckley; Craddick.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

STATEMENTS OF VOTE

When Record No. 1270 was taken, I was shown voting no. I intended to vote yes.

Craddick

When Record No. 1270 was taken, I was in the house but away from my desk. I would have voted yes.

Goodwin

SB 1525 ON THIRD READING
(Parker - House Sponsor)

SB 1525, A bill to be entitled An Act relating to the administration of the governor's university research initiative.

SB 1525 was passed by (Record 1271): 128 Yeas, 15 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Slawson; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.

Nays — Cain; Cason; Cyrier; Holland; Krause; Middleton; Patterson; Shaheen; Slaton; Smith; Spiller; Swanson; Tinderholt; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Biedermann; Goodwin; Pacheco; Thompson, S.; Vasut.

STATEMENTS OF VOTE

When Record No. 1271 was taken, I was in the house but away from my desk. I would have voted no.

Biedermann

When Record No. 1271 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1271 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1271 was taken, my vote failed to register. I would have voted no.

Vasut

SB 1449 ON THIRD READING
(Murphy - House Sponsor)

SB 1449, A bill to be entitled An Act relating to the exemption from ad valorem taxation of income-producing tangible personal property having a value of less than a certain amount.

SB 1449 was passed by (Record 1272): 144 Yeas, 1 Nays, 1 Present, not voting.

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

Nays — Cole.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Hefner; Pacheco.

STATEMENT OF VOTE

When Record No. 1272 was taken, I was in the house but away from my desk. I would have voted yes.

Hefner

SB 742 ON THIRD READING
(Anderson - House Sponsor)

SB 742, A bill to be entitled An Act relating to installment payments of ad valorem taxes on property in a disaster area or emergency area.

SB 742 was passed by (Record 1273): 143 Yeas, 3 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; Campos; Canales; Capriglione; Cason; Clardy; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Beckley; Cole; Rose.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 626 ON THIRD READING
(Moody - House Sponsor)

SB 626, A bill to be entitled An Act relating to guardianships, management trusts, and certain other procedures and proceedings for persons who are incapacitated.

SB 626 was passed by (Record 1274): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 860 ON THIRD READING
(Goldman - House Sponsor)

SB 860, A bill to be entitled An Act relating to the exclusion of certain car haulers from the definition of tow truck for purposes of certain laws regulating motor vehicle towing.

SB 860 was passed by (Record 1275): 143 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; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Canales; Ramos.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Morales Shaw; Pacheco.

STATEMENT OF VOTE

When Record No. 1275 was taken, my vote failed to register. I would have voted no.

Morales Shaw

SB 1129 ON THIRD READING
(Neave - House Sponsor)

SB 1129, A bill to be entitled An Act relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

SB 1129 was passed by (Record 1276): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 1102 ON THIRD READING
(Parker - House Sponsor)

SB 1102, A bill to be entitled An Act relating to the establishment of the Texas Reskilling and Upskilling through Education (TRUE) Program to support workforce education.

SB 1102 was passed by (Record 1277): 121 Yeas, 24 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; 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; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.

Nays — Biedermann; Cain; Cason; Cook; Hefner; Holland; Krause; Landgraf; Leach; Murr; Noble; Oliverson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Spiller; Swanson; Tinderholt; Toth; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Capriglione; Goodwin; Pacheco.

STATEMENT OF VOTE

When Record No. 1277 was taken, I was shown voting yes. I intended to vote no.

Gates

SB 572 ON THIRD READING
(White, Cain, and Middleton - House Sponsors)

SB 572, A bill to be entitled An Act relating to in-person visitation of religious counselors with certain health care facility patients and residents during a public health emergency.

SB 572 was passed by (Record 1278): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 49 ON THIRD READING
(Murr - House Sponsor)

SB 49, A bill to be entitled An Act relating to procedures regarding defendants who are or may be persons with a mental illness or intellectual disability.

SB 49 was passed by (Record 1279): 144 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Tinderholt.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco; Shine.

STATEMENT OF VOTE

When Record No. 1279 was taken, I was shown voting no. I intended to vote yes.

Tinderholt

SB 874 ON THIRD READING
(Oliverson - House Sponsor)

SB 874, A bill to be entitled An Act relating to the reporting and expiration dates of a temporary health insurance risk pool administered by the commissioner of insurance.

SB 874 was passed by (Record 1280): 136 Yeas, 9 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; 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.; Guerra; Guillen; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; 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; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Biedermann; Cain; Canales; Cason; Hefner; Hunter; Slaton; Toth; Vasut.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Dean; Goodwin; Pacheco.

STATEMENTS OF VOTE

When Record No. 1280 was taken, I was shown voting no. I intended to vote yes.

Hunter

When Record No. 1280 was taken, I was shown voting no. I intended to vote yes.

Toth

When Record No. 1280 was taken, I was shown voting no. I intended to vote yes.

Vasut

SB 903 ON THIRD READING
(Sanford - House Sponsor)

SB 903, A bill to be entitled An Act relating to suits for tax refunds.

SB 903 was passed by (Record 1281): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 516 ON THIRD READING
(Murr - House Sponsor)

SB 516, A bill to be entitled An Act relating to increasing the criminal penalty for the offense of criminal mischief involving impairment or interruption of access to an automated teller machine.

SB 516 was passed by (Record 1282): 136 Yeas, 8 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Burns; Button; Cain; Campos; Capriglione; Cason; 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.; 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.; 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; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu.

Nays — Beckley; Bucy; Burrows; Canales; Hinojosa; Ramos; Shaheen; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Dean; Goodwin; Klick; Pacheco.

STATEMENT OF VOTE

When Record No. 1282 was taken, I was in the house but away from my desk. I would have voted yes.

Dean

SB 1202 ON THIRD READING
(Paddie - House Sponsor)

SB 1202, A bill to be entitled An Act relating to the applicability of certain utility provisions to a vehicle charging service.

SB 1202 was passed by (Record 1283): 143 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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.; 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; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wu; Zwiener.

Nays — Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Klick; Pacheco; Thompson, S.

SB 1137 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Klick moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 1137 all joint authors and co-authors for HB 2487.

The motion prevailed.

SB 1137 ON THIRD READING
(Oliverson - House Sponsor)

SB 1137, A bill to be entitled An Act relating to the required disclosure of prices for certain items and services provided by certain medical facilities; providing administrative penalties.

SB 1137 was passed by (Record 1284): 145 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; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Goodwin; Pacheco.

SB 1245 ON THIRD READING
(Murr - House Sponsor)

SB 1245, A bill to be entitled An Act relating to the farm and ranch survey conducted by the comptroller for purposes of estimating the productivity value of qualified open-space land as part of the study of school district taxable values.

SB 1245 was passed by (Record 1285): 141 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; Campos; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Canales; Muñoz.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Cain; Dutton; Goodwin; Pacheco; Romero.

STATEMENT OF VOTE

When Record No. 1285 was taken, my vote failed to register. I would have voted yes.

Cain

SB 231 ON THIRD READING
(Cain, et al. - House Sponsors)

SB 231, A bill to be entitled An Act relating to training for county election officers.

SB 231 was passed by (Record 1286): 141 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; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; 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, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Anchia; Beckley; Hinojosa; Ramos.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — González, M.; Goodwin; Pacheco.

STATEMENTS OF VOTE

When Record No. 1286 was taken, I was temporarily out of the house chamber. I would have voted yes.

M. González

When Record No. 1286 was taken, I was shown voting no. I intended to vote yes.

Ramos

When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.

Sherman

SB 237 ON THIRD READING
(Gervin-Hawkins and Ellzey - House Sponsors)

SB 237, A bill to be entitled An Act relating to the issuance of a citation for a criminal trespass offense punishable as a Class B misdemeanor.

SB 237 was passed by (Record 1287): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 851 ON THIRD READING
(Dominguez - House Sponsor)

SB 851, A bill to be entitled An Act relating to the composition of the cybersecurity council.

SB 851 was passed by (Record 1288): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; 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; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

SB 1160 ON THIRD READING
(Paul, Krause, Murphy, Rosenthal, Guillen, et al. - House Sponsors)

SB 1160, A bill to be entitled An Act relating to the creation of the Gulf Coast Protection District; providing authority to issue bonds; providing authority to impose fees; providing authority to impose a tax; granting the power of eminent domain.

SB 1160 was passed by (Record 1289): 130 Yeas, 16 Nays, 1 Present, not voting.

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

Nays — Ashby; Biedermann; Cason; Hefner; Klick; Landgraf; Leach; Murr; Patterson; Rose; Schaefer; Shaheen; Slaton; Tinderholt; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Goodwin; Pacheco.

STATEMENTS OF VOTE

When Record No. 1289 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1289 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1289 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 1289 was taken, I was shown voting yes. I intended to vote no.

Slawson

When Record No. 1289 was taken, I was shown voting yes. I intended to vote no.

VanDeaver

LEAVE OF ABSENCE GRANTED

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

Goodwin on motion of Zwiener.

POSTPONED BUSINESS

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

SB 2212 ON SECOND READING
(S. Thompson - House Sponsor)

SB 2212, A bill to be entitled An Act relating to the duty of a peace officer to request and render aid for an injured person.

SB 2212 was read second time on May 17 and was postponed until 10 a.m. today.

Amendment No. 1

Representative S. Thompson offered the following amendment to SB 2212:

Amend SB 2212 (house committee printing) to read as follows:

On page 1, lines 19-21,

(1) making the request or providing the treatment would clearly and immediately expose the officer or another person to [~~a risk~~] an imminent threat of serious bodily injury; or

Amendment No. 1 was adopted.

SB 2212, as amended, was passed to third reading.

MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING

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

SB 703 ON SECOND READING
(Canales - House Sponsor)

SB 703, A bill to be entitled An Act relating to the continuation and functions of the Department of Agriculture, the Prescribed Burning Board, and the Texas Boll Weevil Eradication Foundation and the abolishment of the Early Childhood Health and Nutrition Interagency Council.

Amendment No. 1

Representative T. King offered the following amendment to SB 703:

Amend SB 703 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Section 122.201(a), Agriculture Code, is amended to read as follows:

(a) A license holder shall harvest the plants from a plot not later than the 30th [~~20th~~] day after the date a preharvest sample is collected under Section 122.154 unless field conditions delay harvesting or the department authorizes the license holder to delay harvesting. This subsection does not prohibit the license holder from harvesting the plants immediately after the preharvest sample is collected.

Amendment No. 1 was adopted.

Amendment No. 2

Representative K. King offered the following amendment to SB 703:

Amend SB 703 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Chapter 12, Agriculture Code, is amended by adding Sections 12.0022, 12.0023, and 12.0024 to read as follows:

Sec. 12.0022. NUTRITION PROGRAMS: SCHOOL FOOD AUTHORITY SELECTION OF FOOD SERVICE MANAGEMENT COMPANY. (a) In this section:

(1) "Food service management company" and "school food authority" have the meanings assigned by 7 C.F.R. Subtitle B, Chapter II.

(2) "Nutrition program" means a program described by Section 12.0025.

(b) This section applies to a school food authority that uses competitive bidding, competitive sealed proposals, or a request for proposals to award a contract to a food service management company for purposes of a nutrition program.

(1) may consider cost reimbursable and fixed price contracts as authorized by federal law;

(2) shall primarily consider the purchase price and the extent to which the offeror's goods or services meet the school food authority's specifications; and

(3) may, in addition to the factors described by Subdivision (2), consider other relevant factors including:

(A) the relative value received by the school food authority under a cost reimbursable contract and a fixed price contract;

(B) the quality and reliability of the offeror's goods or services; and

(i) past offeror performance;

(ii) the offeror's financial resources;

(iii) the offeror's ability to perform; and

(iv) the offeror's experience or demonstrated capability in providing the goods or services.

Sec. 12.0023. NUTRITION PROGRAMS: FOOD SERVICE MANAGEMENT COMPANY AS AGENT FOR SCHOOL FOOD AUTHORITY. (a) In this section:

(1) "Food service management company" and "school food authority" have the meanings assigned by 7 C.F.R. Subtitle B, Chapter II.

(2) "Nutrition program" means a program described by Section 12.0025.

(b) A school food authority may by contract authorize a food service management company to act as agent in performing designated administrative functions related to a nutrition program, including communicating directly with the department regarding contractual or regulatory matters.

(1) retains authority over and responsibility for any function not delegated to a food service management company as provided by Subsection (b);

(2) may renew, modify, or terminate a food service management company's authority to act as agent with respect to any function; and

(3) may seek and obtain any available legal remedy, including damages, in the event of a breach of duty by the food service management company.

Sec. 12.0024. NUTRITION PROGRAMS: FOOD AND NUTRITION DIVISION EFFICIENCY AUDIT. (a) For purposes of this section, "efficiency audit" means an investigation of the operations of the department's food and nutrition division by the state auditor to examine fiscal management, efficiency, and outcomes for children and families served by the department's public school food and nutrition programs, including consistency and quality of communications with stakeholders and the utilization of federal resources.

(b) During the state fiscal year ending August 31, 2022, and every fourth year after that date, the state auditor shall conduct an efficiency audit.

(c) In a year in which an efficiency audit is completed as required by this section, the efficiency audit may satisfy, to the extent applicable, the department's annual internal audit requirements under Chapter 2102, Government Code.

(d) The department shall pay the costs associated with an efficiency audit required under this section using money appropriated for administrative and internal audit operations in the state fiscal year the audit is conducted.

(e) If the department fails to pay the costs associated with an efficiency audit as required by Subsection (d), the amount appropriated to the department by the legislature for the next state fiscal biennium may not exceed the department's baseline budget.

(f) Not later than March 1 of the state fiscal year in which an efficiency audit is required under this section, the state auditor and commissioner, in collaboration with the food and nutrition division of the department, shall assess and recommend improvements to the efficiency of services and communications with stakeholders associated and involved with the department's food and nutrition programs.

(g) The state auditor shall complete the efficiency audit not later than the 90th day after the date the audit is initiated.

(h) The state auditor and commissioner, in collaboration with public schools and other food and nutrition program stakeholders, shall establish the scope of the efficiency audit and determine the areas of investigation for the audit, including:

(1) reviewing the department's resources to determine whether they are being used effectively and efficiently to achieve desired outcomes for rural and urban school districts;

(2) reviewing the quality, choice, and nutritional balance of food prepared and provided to children and the impact to rural and urban families served by the food and nutrition division of the department;

(3) identifying cost savings or reallocations of resources; and

(4) identifying opportunities for improving services through consolidation of essential functions, outsourcing, and elimination of duplicative efforts.

(i) Not later than November 1 of the calendar year an efficiency audit is conducted, the state auditor shall prepare and submit a report of the audit and recommendations for efficiency improvements to the governor, the Legislative Budget Board, the commissioner, and the chairs of the standing committees of the senate and house of representatives with primary jurisdiction over the department.

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative K. King offered the following amendment to SB 703:

Amend SB 703 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Chapter 12, Agriculture Code, is amended by adding Section 12.00251 to read as follows:

Sec. 12.00251. FOOD AND NUTRITION DIVISION EFFICIENCY AUDIT. (a) For purposes of this section, "efficiency audit" means an investigation of the operations of the department's food and nutrition division by the state auditor to examine fiscal management, efficiency, and outcomes for children and families served by the department's public school food and nutrition programs, including consistency and quality of communications with stakeholders and the utilization of federal resources.

(b) During the state fiscal year ending August 31, 2022, and every fourth year after that date, the state auditor shall conduct an efficiency audit.

(g) The state auditor shall complete the efficiency audit not later than the 90th day after the date the audit is initiated.

(1) reviewing the department's resources to determine whether they are being used effectively and efficiently to achieve desired outcomes for rural and urban school districts;

(3) identifying cost savings or reallocations of resources; and

(4) identifying opportunities for improving services through consolidation of essential functions, outsourcing, and elimination of duplicative efforts.

Amendment No. 3 failed of adoption.

Amendment No. 4

Representative Goldman offered the following amendment to SB 703:

Amend SB 703 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. The heading to Title 3, Agriculture Code, is amended to read as follows:

TITLE 3. TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE: AGRICULTURAL RESEARCH AND PROMOTION

SECTION ____. Title 3, Agriculture Code, is amended by adding Chapter 40 to read as follows:

CHAPTER 40. ADMINISTRATION OF TITLE

Sec. 40.001. DEFINITIONS. Notwithstanding Section 1.003, in this title:

(1) "Commissioner" means the executive director of the economic development office.

(2) "Department" means the economic development office.

(3) "Economic development office" means the Texas Economic Development and Tourism Office within the office of the governor.

Sec. 40.002. ADMINISTRATION BY TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE. Notwithstanding any other law:

(1) the economic development office shall administer this title;

(2) the executive director of the economic development office has the powers and duties assigned by this title to the commissioner of agriculture; and

(3) the economic development office has the powers and duties assigned by this title to the Department of Agriculture.

SECTION ____. (a) In this section, "economic development office" means the Texas Economic Development and Tourism Office within the office of the governor.

(b) The economic development office assumes all of the obligations, property, rights, powers, and duties of the Department of Agriculture under Title 3, Agriculture Code, as they exist immediately before the effective date of this Act. All unexpended and unobligated funds under the management of the Department of Agriculture allocated for the purpose of Title 3, Agriculture Code, are transferred to the general revenue fund for the purpose of the economic development office administering Title 3, Agriculture Code.

(c) The Department of Agriculture and the economic development office shall, in consultation with appropriate state entities, ensure that the transfer of the obligations, property, rights, powers, and duties of the Department of Agriculture under Title 3, Agriculture Code, to the economic development office is completed not later than September 1, 2022.

(d) All rules of the Department of Agriculture under Title 3, Agriculture Code, are continued in effect as rules of the economic development office until superseded by a rule of the economic development office.

Amendment No. 5

Representative Goldman offered the following amendment to Amendment No. 4:

Amend Amendment No. 4 by Goldman to SB 703 by striking the text of the amendment and substituting the following:

Amend SB 703 (house committee report) as follows:

Not later than December 31, 2022, the Texas Department of Agriculture, in consultation with the standing Sunset Advisory Commission, shall study and report its findings on the purpose and objectives of the GO TEXAN program, and prepare a report with any findings and recommendations to improve efficiency, fairness, accountability, effectiveness, stakeholder engagement, and public information as outlined by the Sunset Staff Report with Commission Decisions, as reported to the 87th Legislature. This report shall make recommendations to the program's processes, eliminate inefficiencies, including any necessary statutory or legislative changes specific to the oversight and regulation of the GO TEXAN program. In conducting the study, the department, in partnership with the Sunset Commission, may consult with any interested organizations, associations, and stakeholders. The department shall submit the report to each standing Sunset Commission member, including the Sunset Advisory Commission, speaker of the house, lieutenant governor, and Office of the Governor.

Amendment No. 5 was adopted.

Amendment No. 4, as amended, was adopted.

SB 703, as amended, was passed to third reading.

CSSB 705 ON SECOND READING
(Cyrier - House Sponsor)

CSSB 705, A bill to be entitled An Act relating to the continuation and functions of the Texas Animal Health Commission.

CSSB 705 was passed to third reading.

SB 713 ON SECOND READING
(Cyrier - House Sponsor)

SB 713, A bill to be entitled An Act relating to the sunset review process and certain governmental entities subject to that process.

LEAVE OF ABSENCE GRANTED

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

Pacheco on motion of Campos.

SB 713 - (consideration continued)

Amendment No. 1

Representative Cyrier offered the following amendment to SB 713:

Amend SB 713 (house committee report) as follows:

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

SECTION 2.____. TEXAS STATE AFFORDABLE HOUSING CORPORATION. Section 2306.5521, Government Code, is amended to read as follows:

Sec. 2306.5521. SUNSET PROVISION. The Texas State Affordable Housing Corporation is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the corporation is abolished and this subchapter expires September 1, 2025 [~~2023~~].

(2) Strike Section 3.02 of the bill (page 3, line 26, through page 4, line 5) and renumber SECTIONS of ARTICLE 3 accordingly.

(3) Add the following appropriately numbered SECTION to ARTICLE 6 of the bill and renumber SECTIONS of ARTICLE 6 accordingly:

SECTION 6.____. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION. Section 403.0054, Health and Safety Code, is repealed.

Amendment No. 2

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

Amend Amendment No. 1 by Cyrier to SB 713 by striking Item (3) of the amendment (page 1, lines 14-19).

Amendment No. 2 was adopted.

Amendment No. 1, as amended, was adopted.

Amendment No. 3

Representative Cyrier offered the following amendment to SB 713:

Amend SB 713 (house committee report) as follows:

(1) Add the following appropriately numbered SECTIONS to ARTICLE 8 of the bill and renumber SECTIONS of ARTICLE 8 accordingly:

SECTION 8.____. CREATION OF SUBCHAPTERS. Chapter 325, Government Code, is amended by designating Sections 325.001 through 325.025 as Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS

SECTION 8.____. PROCEDURES AFTER ABOLISHMENT. Section 325.017, Government Code, is amended by adding Subsections (g) and (h) to read as follows:

(g) Except as provided by Subsections (a), (e), and (f), all legal interests of a state agency abolished in an odd-numbered year are transferred to the comptroller on the date the state agency is terminated under Subsection (a).

(h) On the date a state agency that is abolished in an odd-numbered year is terminated under Subsection (a), the chief executive officer of this state is responsible for administering any law previously administered by the abolished state agency and a reference in any law to the abolished state agency means the chief executive officer of this state.

SECTION 8.____. ACROSS-THE-BOARD PROVISIONS. Chapter 325, Government Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES

Sec. 325.051. APPLICABILITY; CONFLICTS. (a) Except as provided by Subsection (b), this subchapter applies to a state agency in the executive branch of state government that is subject to review by the commission under this chapter.

(b) This subchapter does not apply to:

(1) an advisory committee as defined by Section 2110.001;

(2) a river authority listed in Section 325.025;

(3) an entity subject to a one-time review by the commission;

(4) a division or program of a state agency that is reviewed independently of the state agency as a whole;

(5) a state agency that does not have a policymaking body but is governed by a single elected or appointed officer;

(6) an office of inspector general, ombudsman, or counsel; or

(7) the following state agencies:

(A) the Cancer Prevention and Research Institute of Texas;

(B) the Texas Economic Development and Tourism Office;

(D) the state employee charitable campaign policy committee;

(E) the Texas Health Services Authority;

(F) the State Preservation Board;

(G) the Office of State-Federal Relations;

(H) the Texas Windstorm Insurance Association;

(I) the Texas Low-Level Radioactive Waste Disposal Compact Commission;

(J) the School Land Board;

(K) the Veterans' Land Board; or

(L) the Railroad Commission of Texas.

(c) To the extent of any conflict between this subchapter and any law relating to a state agency subject to review by the commission under this chapter, the other law prevails.

Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY POLICYMAKING BODY. (a) A person may not be a public member of the policymaking body of a state agency if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency in a field regulated by the state agency;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the state agency;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the state agency; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the state agency other than compensation or reimbursement authorized by law for the state agency's policymaking body membership, attendance, or expenses.

(b) In addition to the restrictions provided by Subsection (a), a person may not be a public member of the policymaking body of a state agency that regulates a health care occupation if the person or the person's spouse is registered, certified, or licensed by a regulatory agency in the field of health care.

Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the policymaking body of a state agency and may not be an employee of the state agency employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in a field regulated by the state agency; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the state agency.

(c) A person may not be a member of a state agency's policymaking body or act as the general counsel to the state agency's policymaking body or the state agency if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the state agency.

(d) In addition to the restrictions provided by Subsection (b), a person may not be a member of the policymaking body of a state agency that regulates a health care occupation and may not be an employee of the state agency as described by Subsection (b) if the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care.

Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. If the governor appoints all members of a state agency's policymaking body, the governor shall designate a member of the policymaking body as the presiding officer of the policymaking body to serve in that capacity at the pleasure of the governor.

Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM POLICYMAKING BODIES. (a) It is a ground for removal from a state agency's policymaking body that a member:

(1) does not have at the time of taking office the qualifications required by law to be a member of the policymaking body;

(2) does not maintain during service on the policymaking body the qualifications required by law to be a member of the policymaking body;

(3) is ineligible for membership on the policymaking body under law, including provisions relating to public membership, conflicts of interest, and lobbying;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled meetings of the policymaking body that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the policymaking body.

(b) The validity of an action of a state agency's policymaking body is not affected by the fact that it is taken when a ground for removal of a member of the policymaking body exists.

(c) If the executive head of a state agency has knowledge that a potential ground for removal exists, the executive head shall notify the presiding officer of the state agency's policymaking body of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive head shall notify the next highest ranking officer of the policymaking body, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 325.056. TRAINING FOR MEMBERS OF POLICYMAKING BODIES. (a) A person who is appointed to and qualifies for office as a member of the policymaking body of a state agency may not vote, deliberate, or be counted as a member in attendance at a meeting of the policymaking body until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the law governing the state agency's operations;

(2) the programs, functions, rules, and budget of the state agency;

(3) the scope of and limitations on the rulemaking authority of the policymaking body;

(4) the results of the most recent formal audit of the state agency;

(5) the requirements of:

(A) laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and

(B) other laws applicable to members of a state agency policymaking body in performing their duties; and

(6) any applicable ethics policies adopted by the state agency or the Texas Ethics Commission.

(c) A person appointed to the state agency's policymaking body is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(d) The executive head of the state agency shall create a training manual that includes the information required by Subsection (b). The executive head shall distribute a copy of the training manual annually to each member of the policymaking body. Each member of the policymaking body shall sign and submit to the executive head a statement acknowledging that the member received and reviewed the training manual.

Sec. 325.057. POLICIES TO SEPARATE POLICYMAKING AND STAFF FUNCTIONS. The policymaking body of a state agency shall develop and implement policies that clearly separate the policymaking responsibilities of the policymaking body and the management responsibilities of the executive head and the staff of the state agency.

Sec. 325.058. PUBLIC TESTIMONY AT MEETINGS OF POLICYMAKING BODIES. The policymaking body of a state agency shall develop and implement policies that provide the public with a reasonable opportunity to appear before the policymaking body and to speak on any issue under the jurisdiction of the state agency.

Sec. 325.059. COMPLAINT INFORMATION REQUIREMENTS. (a) A state agency shall maintain a system to promptly and efficiently act on complaints filed with the state agency. The state agency shall maintain information about parties to and the subject matter of the complaint and a summary of the results of the review or investigation of the complaint and the disposition of the complaint.

(b) The state agency shall make information available describing its procedures for complaint investigation and resolution.

(c) The state agency shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize the investigation, including an undercover investigation.

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

ARTICLE ____. REPEALER

SECTION ____.____. REPEALED STATUTES. (a) The following provisions of the Agriculture Code are repealed:

(1) Section 161.021(d);

(2) Section 161.023;

(3) Section 161.024;

(4) Section 161.029;

(5) Section 161.030;

(6) Section 161.033;

(7) Section 161.034(b);

(8) Section 201.0142;

(9) Section 201.019(i); and

(10) Section 201.020(b).

(b) The following provisions of the Alcoholic Beverage Code are repealed:

(1) Section 5.022;

(2) Section 5.04;

(3) Section 5.051;

(4) Section 5.07(c); and

(5) Sections 5.54(a), (a-1), and (b).

(1) Section 7.110;

(2) Section 54.609;

(3) Section 54.610;

(4) Section 54.613(b);

(5) Sections 54.617(c), (d), and (e);

(6) Section 61.0222;

(7) Section 61.0223;

(8) Section 61.0224;

(9) Section 61.028(i); and

(10) Section 61.031.

(d) The following provisions of the Finance Code are repealed:

(1) Section 11.102(d);

(2) Section 11.107(a);

(3) Sections 12.107(a), (b), and (c);

(4) Section 12.108;

(5) Section 13.011;

(6) Section 14.056;

(7) Section 14.062;

(8) Section 15.2041;

(9) Section 15.210;

(10) Section 15.4021(a);

(11) Section 15.4023; and

(12) Sections 15.409(b), (c), and (d).

(e) The following provisions of the Government Code are repealed:

(1) Section 411.003(f);

(2) Section 411.0031;

(3) Section 411.0035;

(4) Section 411.0036;

(5) Section 411.0042;

(6) Section 411.0195;

(7) Section 419.005;

(8) Section 419.006;

(9) Section 419.007(d);

(10) Section 419.0071;

(11) Section 419.009(c);

(12) Section 419.011;

(13) Section 420A.003(a);

(14) Section 420A.006;

(15) Section 434.005;

(16) Section 434.006(a);

(17) Section 434.0061;

(18) Section 434.0076;

(19) Section 434.0091;

(20) Section 434.0151;

(21) Sections 441.001(e), (f), (h), (i), (j), (k), (m), and (p);

(22) Section 441.0011;

(23) Section 441.002(j);

(24) Section 441.018;

(25) Section 442.0021;

(26) Section 442.0023;

(27) Section 442.004(l);

(28) Section 442.009;

(29) Section 444.006;

(30) Section 444.007(b);

(31) Section 444.008(b);

(32) Section 444.012;

(33) Section 444.014;

(34) Sections 467.024(c) and (d);

(35) Section 467.0255;

(36) Section 467.026;

(37) Section 467.029;

(38) Section 467.037;

(39) Section 467.110;

(40) Sections 467.111(a), (b), and (c);

(41) Sections 492.003(b), (c), and (d);

(42) Section 492.007;

(43) Section 492.013(e);

(44) Section 501.134;

(45) Section 501.135;

(46) Section 501.138;

(47) Section 501.140;

(48) Section 501.143;

(49) Section 501.151;

(50) Section 501.152;

(51) Sections 508.035(a) and (b);

(52) Sections 511.004(h), (i), and (j);

(53) Section 511.0041;

(54) Section 511.005(a);

(55) Section 511.006(c);

(56) Section 511.008(e);

(57) Section 571.0232;

(58) Section 571.0271;

(59) Section 571.030;

(60) Section 571.072(a);

(61) Section 571.1351;

(62) Section 801.1061;

(63) Section 801.1062;

(64) Section 801.110;

(65) Section 801.111(c);

(66) Section 801.206(b);

(67) Section 801.207;

(68) Section 815.009;

(69) Sections 815.111(b) and (e);

(70) Section 815.508;

(71) Section 825.010;

(72) Sections 825.113(b) and (e);

(73) Section 825.201;

(74) Section 825.511;

(75) Section 865.0035;

(76) Section 865.005;

(77) Section 865.006(c);

(78) Section 865.021;

(79) Section 1232.054;

(80) Section 1232.055;

(81) Section 1232.057;

(82) Section 1232.062;

(83) Section 1232.070;

(84) Section 2054.025;

(85) Section 2054.028;

(86) Section 2054.029(c);

(87) Section 2054.035(a);

(88) Section 2054.036;

(89) Section 2152.056;

(90) Section 2152.0581;

(91) Sections 2152.060(b), (c), and (d);

(92) Section 2152.061(b);

(93) Section 2152.105;

(94) Section 2306.027(c);

(95) Section 2306.030(a);

(96) Section 2306.051;

(97) Sections 2306.066(a), (b), (c), and (d);

(98) Section 2306.554(b);

(99) Section 2306.5542;

(100) Section 2306.5543;

(101) Section 2306.5547;

(102) Section 2306.5555;

(103) Section 2306.568;

(104) Section 2308.101(c);

(105) Section 2308.107;

(106) Section 4002.053, as effective January 1, 2022;

(107) Section 4002.055, as effective January 1, 2022;

(108) Section 4002.056, as effective January 1, 2022;

(109) Section 4002.103, as effective January 1, 2022; and

(110) Section 4002.202, as effective January 1, 2022.

(f) The following provisions of the Health and Safety Code are repealed:

(1) Section 771.0316;

(2) Section 771.037;

(3) Section 771.038;

(4) Section 771.039; and

(5) Section 771.051(d).

(g) The following provisions of the Human Resources Code are repealed:

(1) Sections 112.016(a) and (b);

(2) Section 112.0201;

(3) Section 202.001(c);

(4) Section 202.004;

(5) Section 202.006;

(6) Section 202.008(d); and

(7) Section 203.001(b).

(h) The following provisions of the Labor Code are repealed:

(1) Section 301.023;

(2) Section 301.061(a);

(3) Section 412.011(i);

(4) Sections 412.021(d) and (h);

(5) Section 412.022;

(6) Section 412.024; and

(7) Section 412.034.

(i) The following provisions of the Natural Resources Code are repealed:

(1) Sections 153.041(e) and (f); and

(2) Section 153.043.

(j) The following provisions of the Occupations Code are repealed:

(1) Section 51.0535;

(2) Section 51.054;

(3) Section 51.056(a);

(4) Section 51.057;

(5) Section 51.105;

(6) Section 51.253(a);

(7) Section 152.006;

(8) Section 152.056;

(9) Section 154.005(a);

(10) Section 201.052(b);

(11) Section 201.053;

(12) Section 201.056;

(13) Section 201.101;

(14) Section 201.202(a);

(15) Section 201.204;

(16) Section 252.003;

(17) Section 252.007;

(18) Section 253.004;

(19) Section 255.004;

(20) Section 255.008(a);

(21) Section 301.053;

(22) Section 301.055;

(23) Section 301.105(a);

(24) Sections 301.203(a), (b), and (c);

(25) Section 301.205(a);

(26) Section 351.052(b);

(27) Section 351.055(a);

(28) Section 351.056;

(29) Section 351.105;

(30) Section 351.202(a);

(31) Section 351.203(c);

(32) Section 351.204;

(33) Section 452.056;

(34) Section 452.102;

(35) Section 452.203(a);

(36) Section 453.056;

(37) Section 453.058(a);

(38) Section 453.153;

(39) Section 453.155(a);

(40) Section 454.055;

(41) Section 454.057(a);

(42) Section 454.152;

(43) Section 454.154(a);

(44) Section 507.102;

(45) Section 507.203;

(46) Section 507.207;

(47) Section 551.003(42);

(48) Section 552.003;

(49) Section 552.004;

(50) Section 552.008;

(51) Section 553.005;

(52) Section 553.007;

(53) Section 555.009(a);

(54) Section 651.0511;

(55) Section 651.052(a);

(56) Section 651.053;

(57) Section 651.104;

(58) Sections 651.202(d) and (e);

(59) Section 651.203;

(60) Section 651.204(a);

(61) Section 801.053;

(62) Section 801.056;

(63) Section 801.104;

(64) Section 801.202(a);

(65) Section 801.204;

(66) Section 901.052;

(67) Section 901.053;

(68) Section 901.055(a);

(69) Section 901.056;

(70) Section 901.102;

(71) Section 901.203;

(72) Section 901.204(a);

(73) Section 1001.102(a);

(74) Section 1001.103;

(75) Section 1001.106;

(76) Section 1001.112;

(77) Section 1001.153;

(78) Section 1001.253;

(79) Section 1001.255;

(80) Section 1002.052(b);

(81) Section 1002.053;

(82) Section 1002.057(a);

(83) Section 1002.103;

(84) Section 1002.203;

(85) Section 1002.205;

(86) Section 1051.102;

(87) Section 1051.103;

(88) Section 1051.105;

(89) Section 1051.107(a);

(90) Section 1051.112;

(91) Section 1051.153;

(92) Section 1051.253;

(93) Section 1051.254(a);

(94) Section 1101.052;

(95) Section 1101.053;

(96) Section 1101.057;

(97) Section 1101.102;

(98) Section 1101.203;

(99) Section 1101.206(a);

(100) Section 1103.057;

(101) Section 1103.105;

(102) Section 1103.161;

(103) Section 1103.163;

(104) Section 1301.156;

(105) Section 1301.157(a);

(106) Section 1301.208;

(107) Section 1301.3015;

(108) Sections 1301.303(b), (c), and (d);

(109) Section 1701.053;

(110) Section 1701.055(a);

(111) Section 1701.056;

(112) Section 1701.059;

(113) Section 1701.103;

(114) Section 1701.203;

(115) Section 1701.204(a);

(116) Section 2022.005;

(117) Section 2022.006;

(118) Section 2022.014(a);

(119) Section 2022.056; and

(120) Sections 2022.102(b), (c), and (d).

(k) The following provisions of the Parks and Wildlife Code are repealed:

(1) Section 11.002;

(2) Section 11.0125;

(3) Section 11.0126; and

(4) Section 11.0151(b).

(l) The following provisions of the Transportation Code are repealed:

(1) Section 201.051(d);

(2) Section 201.053(a);

(3) Section 201.057;

(4) Section 201.059;

(5) Section 201.102;

(6) Sections 201.801(a), (b), and (c);

(7) Section 201.802(a);

(8) Section 1001.027;

(9) Section 1003.0055; and

(10) Section 1004.002.

(m) The following provisions of the Utilities Code are repealed:

(1) Section 12.052;

(2) Section 12.054;

(3) Section 12.102; and

(4) Section 12.202(a).

(n) The following provisions of the Water Code are repealed:

(1) Section 5.0535;

(2) Section 5.054;

(3) Section 5.058(a);

(4) Section 5.059;

(5) Section 5.060;

(6) Section 5.112;

(7) Section 5.113;

(8) Section 5.173;

(9) Section 5.176;

(10) Sections 6.054(a), (b), and (c);

(11) Section 6.059;

(12) Section 6.062;

(13) Section 6.105;

(14) Section 6.111;

(15) Section 6.154; and

(16) Section 6.155.

ARTICLE ____. TRANSITION

SECTION ____.____. CONFLICT WITH OTHER LAWS. The repeal of a statute by this Act controls over an amendment, revision, or reenactment of the statute by another Act of the 87th Legislature, Regular Session, 2021, regardless of relative dates of enactment and the amendment, revision, or reenactment of the repealed statute has no effect.

SECTION ____.____. NONSUBSTANTIVE REVIEW. The Texas Legislative Council shall review the provisions of law affected by this Act and as part of the state's continuing statutory revision program under Chapter 323, Government Code, prepare a nonsubstantive revision of the headings of any provision of law affected by this Act as necessary to ensure that the heading accurately describes the content of the provision of law.

Amendment No. 3 was adopted.

SB 713, as amended, was passed to third reading.

GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING

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

SB 1365 ON SECOND READING
(Huberty, Dutton, K. King, Murphy, and Oliverson - House Sponsors)

SB 1365, A bill to be entitled An Act relating to public school organization, accountability, and fiscal management.

Representative Huberty moved to postpone consideration of SB 1365 until 10 a.m. tomorrow.

The motion prevailed.

SB 1385 ON SECOND READING
(Murphy and Krause - House Sponsors)

SB 1385, A bill to be entitled An Act relating to the compensation and professional representation of student athletes participating in intercollegiate athletic programs at certain institutions of higher education.

Amendment No. 1

Representative Murphy offered the following amendment to SB 1385:

Amend SB 1385 (house committee printing) as follows:

(1) On page 3, line 5, strike "athlete agent or attorney" and substitute "attorney licensed to practice law in this state".

(2) On page 3, line 25, strike "athlete agent or attorney" and substitute "attorney licensed to practice law in this state".

(3) Strike added Section 51.9246(g)(3), Education Code (page 5, lines 11-15), and renumber the remaining subdivisions of Subsection (g) accordingly.

(4) Strike page 7, lines 2-7, and substitute the following:

(k) Nothing in this section may be construed as permitting an athlete agent to take any action prohibited under Section 2051.351, Occupations Code.

(5) Strike page 7, line 11, and substitute the following appropriately numbered SECTION:

SECTION ____. This Act takes effect July 1, 2021, 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 to take effect July 1, 2021, this Act takes effect September 1, 2021.

(6) Renumber SECTIONS of the bill appropriately.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Slaton offered the following amendment to SB 1385:

Amend SB 1385 (house committee printing) on page 5 of the bill as follows:

(1) On line 7, strike "or".

(2) On line 10, immediately after the underlined semicolon, insert the following:

(D) the student athlete participates in an intercollegiate athletic program that is designated for the biological sex opposite to the student athlete's biological sex;

(3) Between lines 21 and 22, insert the following:

(g-1) For purposes of Subsection (g)(2)(D), a statement of a student athlete's biological sex on the student athlete's official birth certificate is considered to correctly state the student athlete's biological sex as determined at birth if the statement was:

(1) entered at or near the time of the student athlete's birth, as determined by Texas Higher Education Coordinating Board rule; or

(2) modified to correct a clerical error in the student athlete's biological sex.

Amendment No. 2 - Point of Order

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

Amendment No. 2 was withdrawn.

SB 1385, as amended, was passed to third reading.

SB 2154 ON SECOND READING
(Paddie - House Sponsor)

SB 2154, A bill to be entitled An Act relating to the membership of the Public Utility Commission of Texas.

Amendment No. 1

Representative Anchia offered the following amendment to SB 2154:

Amend SB 2154 (house committee printing) as follows:

(1) On page 1, lines 10 and 11, strike "Section 12.053, Utilities Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1)" and substitute "Sections 12.053(a) and (b), Utilities Code, are amended".

(2) On page 1, strike lines 18 and 19 and substitute the following:

(5) [~~(4)~~] be well informed and qualified in the field of public utilities and utility regulation; and

(3) On page 1, line 20, strike "(5)" and substitute "(6) [~~(5)~~]".

(4) On page 2, strike lines 1 and 2.

A record vote was requested by Representative Anchia.

Amendment No. 1 failed of adoption by (Record 1290): 69 Yeas, 71 Nays, 1 Present, not voting.

Yeas — Allen; Anchia; Anderson; Bernal; Bowers; Bucy; Burns; Campos; Canales; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, P.; Larson; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave; Ordaz Perez; Ortega; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Goodwin; Pacheco.

Absent — Beckley; Biedermann; Guerra; Jetton; Middleton; Schofield.

STATEMENT OF VOTE

When Record No. 1290 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

Amendment No. 2

Representatives Darby, Ashby, Rogers, K. King, Kacal, Talarico, Raney, Craddick, Geren, Smith, Lambert, Price, Parker, Larson, and Kuempel offered the following amendment to SB 2154:

Amend SB 2154 (house committee printing) on page 1 as follows:

(1) On line 5, strike "Section 12.051(a), Utilities Code, is amended" and substitute "Sections 12.051(a) and (b), Utilities Code, are amended".

(2) Between lines 9 and 10, insert the following:

(b) An appointment to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. The appointments shall be made to reflect the diverse geographic regions and population groups of this state. At least one commissioner must be a registered voter who resides in a rural county with a population of less than 150,000.

A record vote was requested by Representative Darby.

Amendment No. 2 was adopted by (Record 1291): 128 Yeas, 13 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Israel; 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; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Noble; Ordaz Perez; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu.

Nays — Huberty; Johnson, J.D.; Meyer; Murphy; Neave; Oliverson; Paddie; Shaheen; Thierry; Thompson, E.; Thompson, S.; Toth; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Goodwin; Pacheco.

Absent — Biedermann; Jetton; Middleton; Ortega; Schofield.

STATEMENTS OF VOTE

When Record No. 1291 was taken, I was shown voting no. I intended to vote yes.

Meyer

When Record No. 1291 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

When Record No. 1291 was taken, I was shown voting no. I intended to vote yes.

Toth

Amendment No. 3

Representative Martinez Fischer offered the following amendment to SB 2154:

Amend SB 2154 (house committee printing) as follows:

(1) On page 1, line 11, strike "Subsection (a-1)" and substitute "Subsections (a-1) and (a-2)".

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

(a-2) At least one commissioner must be well informed and qualified in the field of public interest advocacy and have a background in representing the interests of customers of utilities.

A record vote was requested by Representative Martinez Fischer.

Amendment No. 3 was adopted by (Record 1292): 75 Yeas, 68 Nays, 1 Present, not voting.

Yeas — Allen; Anchia; Ashby; Bailes; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Lambert; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Goodwin; Pacheco.

Absent — Larson; Middleton; Schofield.

STATEMENT OF VOTE

When Record No. 1292 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

Amendment No. 4

Representative Martinez Fischer offered the following amendment to SB 2154:

Amend SB 2154 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill as follows:

SECTION ____. Subchapter B, Chapter 12, Utilities Code, is amended by adding Section 12.060 to read as follows:

Sec. 12.060. FORMER COMMISSIONER: LOBBYING RESTRICTED. A former member of the commission may not, before the second anniversary of the date the member ceases to be a member of the commission, engage in an activity that requires registration under Chapter 305, Government Code.

Amendment No. 4 was adopted.

SB 2154, as amended, was passed to third reading.

SB 1585 ON SECOND READING
(Cyrier - House Sponsor)

SB 1585, A bill to be entitled An Act relating to requirements for the designation of a property as a historic landmark and the inclusion of a property in a historic district by a municipality.

A record vote was requested by Representative Cain.

SB 1585 was passed to third reading by (Record 1293): 135 Yeas, 7 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; 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; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.

Nays — Anchia; Hinojosa; Patterson; Rodriguez; Toth; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Goodwin; Pacheco.

Absent — Biedermann; Johnson, J.D.; Middleton; Schofield.

STATEMENTS OF VOTE

When Record No. 1293 was taken, I was in the house but away from my desk. I would have voted no.

Biedermann

When Record No. 1293 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

When Record No. 1293 was taken, I was shown voting no. I intended to vote yes.

Patterson

When Record No. 1293 was taken, I was shown voting no. I intended to vote yes.

Toth

When Record No. 1293 was taken, I was shown voting no. I intended to vote yes.

Vasut

When Record No. 1293 was taken, I was shown voting no. I intended to vote yes.

Wilson

SB 282 ON SECOND READING
(Meyer - House Sponsor)

SB 282, A bill to be entitled An Act relating to a prohibition against the appropriation of money to settle or pay a sexual harassment claim made against certain members of the executive, legislative, or judicial branch of state government.

Amendment No. 1

Representative Meyer offered the following amendment to SB 282:

Amend SB 282 (house committee printing) on page 1 of the bill by striking lines 14 through 19 and substituting the following:

to settle or otherwise pay a sexual harassment claim made against a person who:

(1) is an elected member of the executive, legislative, or judicial branch of state government;

(2) is appointed by the governor to serve as a member of a department, commission, board, or other public office within the executive, legislative, or judicial branch of state government; or

(3) serves as staff for a person described by Subdivision (1) or (2).

Amendment No. 1 was adopted.

SB 282, as amended, was passed to third reading.

SB 282 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Paddie moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 282 all joint authors and co-authors for HB 1804.

The motion prevailed.

SB 338 ON SECOND READING
(Lucio - House Sponsor)

SB 338, A bill to be entitled An Act relating to the adoption of uniform general conditions for building construction contracts entered into by school districts and the composition of the committee that reviews uniform general conditions.

SB 338 was passed to third reading.

CSSB 877 ON SECOND READING
(Morrison - House Sponsor)

CSSB 877, A bill to be entitled An Act relating to the inspection of municipal buildings during a declared disaster.

Amendment No. 1

Representative Morrison offered the following amendment to CSSB 877:

Amend CSSB 877 (house committee report) on page 2 as follows:

(1) On line 5, between "an" and "inspection" insert "additional".

(2) On lines 12-13, strike "in a format prescribed by the municipality".

(3) Between lines 13 and 14, insert the following:

(d) The municipality may prescribe a reasonable format for the notice provided under Subsection (c)(2).

Amendment No. 1 was adopted.

Amendment No. 2

Representative Collier offered the following amendment to CSSB 877:

Amend CSSB 877 (house committee report) on page 2, line 9, by striking "to the extent practicable,".

Amendment No. 2 was adopted.

CSSB 877, as amended, was passed to third reading.

SB 296 ON SECOND READING
(Button - House Sponsor)

SB 296, A bill to be entitled An Act relating to the date by which a seller must provide resale and exemption certificates to the comptroller in connection with a sales and use tax audit.

SB 296 was passed to third reading.

SB 1578 ON SECOND READING
(Frank - House Sponsor)

SB 1578, A bill to be entitled An Act relating to the use of opinions from medical professionals in making certain determinations relating to the abuse or neglect of a child.

Amendment No. 1

Representative Frank offered the following amendment to SB 1578:

Amend SB 1578 (house committee printing) as follows:

(1) On page 2, line 4, strike "may" and substitute "shall".

(2) On page 3, line 1, strike "may" and substitute "shall".

Amendment No. 1 was adopted.

Amendment No. 2

Representatives Klick, Rose, Meza, Hull, A. Johnson, Raymond, Noble, Neave, and Wu offered the following amendment to SB 1578:

Amend SB 1578 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering SECTIONS of the bill as appropriate:

SECTION ____. Section 261.3017, Family Code, is amended by amending Subsections (b) and (c) and adding Subsections (c-1), (c-2), and (e) to read as follows:

(b) Any agreement between the department and the network or between the Department of State Health Services and the system to provide assistance in connection with abuse and neglect investigations conducted by the department must require the network and the system to have the ability to obtain consultations with physicians licensed to practice medicine in this state and board certified in the relevant field or specialty, including radiologists, geneticists, orthopedists, and endocrinologists, to diagnose and treat certain [~~who specialize in identifying~~] unique health conditions, including:

(1) rickets;

(2) Ehlers-Danlos Syndrome;

(3) osteogenesis imperfecta;

(4) vitamin D deficiency; and

(5) other medical conditions that mimic child maltreatment or increase the risk of misdiagnosis of child maltreatment [~~similar metabolic bone diseases or connective tissue disorders~~].

(c) During [~~If, during~~] an abuse or neglect investigation authorized by this subchapter or an assessment provided under Subsection (b), the department [~~or a physician in the network determines that a child requires a specialty consultation with a physician, the department or the physician~~] shall refer the child's case [~~to the system~~] for a specialty [~~the~~] consultation[,] if:

(1) the department determines the child requires a specialty consultation with a physician;

(2) the child's primary care physician or other primary health care provider who provided health care or treatment or otherwise evaluated the child recommends a specialty consultation; or

(3) the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian requests a specialty consultation [~~the system has available capacity to take the child's case~~].

(c-1) For a case in which a specialty consultation is required by Subsection (c), the department shall refer the case to a physician who:

(1) is licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code;

(2) is board certified in a field or specialty relevant to diagnosing and treating the conditions described by Subsection (b); and

(3) was not involved with the report of suspected abuse or neglect.

(c-2) Before referring a child's case under Subsection (c), the department shall provide to the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian written notice of the name, contact information, and credentials of the specialist. The parent, legal guardian, or attorney, as applicable, may object to the proposed referral and request referral to another specialist. The department and the parent, legal guardian, or attorney, as applicable, shall collaborate in good faith to select an acceptable specialist from the proposed specialists.

(e) This section may not be construed to prohibit a child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian from otherwise obtaining an alternative opinion at the parent's, legal guardian's, or attorney's, as applicable, own initiative and expense. The department shall accept and consider an alternative opinion obtained and provided under this section and shall document its analysis and determinations regarding the opinion.

SECTION ____. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.30175 to read as follows:

Sec. 261.30175. MITIGATION OF PROVIDER CONFLICTS IN ABUSE OR NEGLECT INVESTIGATION CONSULTATIONS. (a) In this section:

(1) "Forensic assessment" means a medical examination, psychosocial evaluation, medical case review, specialty evaluation, or other forensic evaluation service conducted by a physician under Section 261.3017 in connection with any investigation of a suspected case of abuse or neglect for the primary purpose of providing the department, law enforcement, or the court with expert advice, recommendations, or testimony on the case.

(2) "Health care practitioner" means an individual licensed, certified, or otherwise authorized to administer health care services in the ordinary course of business or professional practice. The term includes a physician, medical student, resident physician, child abuse fellow, advanced practice registered nurse, nurse, and physician assistant.

(3) "Network" has the meaning assigned by Section 261.3017.

(4) "System" has the meaning assigned by Section 261.3017.

(b) A health care practitioner who reports suspected abuse or neglect of a child may not provide forensic assessment services in connection with an investigation resulting from the report. This subsection applies regardless of whether the practitioner is a member of the network or system.

(c) When referring a case for forensic assessment, the department shall refer the case to a physician authorized to practice medicine in this state under Subtitle B, Title 3, Occupations Code, who was not involved with the report of suspected abuse or neglect.

(d) This section may not be construed to:

(1) prohibit the department from interviewing the health care practitioner in the practitioner's capacity as a principal or collateral source; or

(2) otherwise restrict the department's ability to conduct an investigation as provided by this subchapter.

Amendment No. 3

Representative Klick offered the following amendment to Amendment No. 2:

Amend Amendment No. 2 by Klick to SB 1578 on page 2, line 31, between "specialists" and the underlined period by inserting the following:

; however the department may refer the child's case to a specialist over the objection of the parent, legal guardian, or attorney

Amendment No. 3 was adopted.

Amendment No. 2, as amended, was adopted.

SB 1578, as amended, was passed to third reading.

SB 89 ON SECOND READING
(M. González - House Sponsor)

SB 89, A bill to be entitled An Act relating to supplemental information required for inclusion with a written statement of an individualized education program developed for certain public school students who received special education services during the 2019-2020 or 2020-2021 school year.

SB 89 was passed to third reading.

SB 672 ON SECOND READING
(Bonnen and Guillen - House Sponsors)

SB 672, A bill to be entitled An Act relating to Medicaid coverage of certain collaborative care management services.

SB 672 was passed to third reading.

SB 766 ON SECOND READING
(Leach, S. Thompson, and Hunter - House Sponsors)

SB 766, A bill to be entitled An Act relating to sexually oriented businesses, including a requirement to participate in the federal electronic verification of employment authorization program, or E-verify, and restricting the age of persons employed by or allowed on the premises; creating criminal offenses.

Representative Leach moved to postpone consideration of SB 766 until 2 p.m. Sunday, May 23.

The motion prevailed.

SB 2054 ON SECOND READING
(White, Guillen, and J.D. Johnson - House Sponsors)

SB 2054, A bill to be entitled An Act relating to the payment of fees and costs associated with driver education and safety courses and driver's license examinations for foster children or youth, former foster children or youth, and youth experiencing homelessness.

Amendment No. 1

Representative White offered the following amendment to SB 2054:

Amend SB 2054 (house committee report) as follows:

(1) Strike page 2, line 12 through page 2, line 27, and substitute the following:

Workforce Commission amounts sufficient to cover the cost of implementing the program under Section 521.168, including amounts sufficient for the payment by the Texas Workforce Commission of:

(A) fees to entities other than the department; and

(B) the Texas Workforce Commission's implementation costs; and

(2) for [~~For~~] each exemption granted under Section 521.1015 or 521.1811, [~~the department shall~~] deposit to the credit of the Texas mobility fund an amount [~~from the identification fee exemption account under Subsection (a)~~] that is equal to the amount of the waived fee that would otherwise be deposited to the mobility fund.

(1) request a transfer under Subsection (b)(1) if the balance of the account for the fiscal year is less than three times the amount expended in the previous fiscal year for the waivers provided by Sections 521.1015(e) and 521.1811; or

(2) On page 3, line 3, strike "(b)(3)" and substitute "(b)(2)".

Amendment No. 1 was adopted.

SB 2054, as amended, was passed to third reading.

SB 2054 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Frank moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 2054 all joint authors and co-authors for HB 2286.

The motion prevailed.

SB 481 ON SECOND READING
(Schofield - House Sponsor)

SB 481, A bill to be entitled An Act relating to the transfer of certain public school students to a school district offering in-person instruction.

SB 481 was passed to third reading.

SB 918 ON SECOND READING
(Leman - House Sponsor)

SB 918, A bill to be entitled An Act relating to the size, terms, and election of boards of directors of certain insurance companies.

SB 918 was passed to third reading.

SB 1116 ON SECOND READING
(Bucy - House Sponsor)

SB 1116, A bill to be entitled An Act relating to a county, city, or independent school district posting election results on an Internet website.

Amendment No. 1

Representative Bucy offered the following amendment to SB 1116:

Amend SB 1116 (house committee printing) as follows:

(1) On page 1, line 10, between "an election" and "administered" by inserting "of public officials or of a governmental entity authorized by law to impose a tax".

(2) On page 1, line 12, strike "and".

(3) On page 1, line 14, strike the underlined period and substitute an underlined semicolon.

(4) On page 1, between lines 14 and 15, insert the following:

(4) the total number of votes cast by personal appearance on election day;

(5) the total number of votes cast by personal appearance or mail during the early voting period; and

(6) the total number of counted and uncounted provisional ballots cast.

(5) On page 1, line 20, strike "and".

(6) On page 1, line 22, strike the underlined period and substitute an underlined semicolon.

(7) On page 1, between lines 22 and 23, insert the following:

(4) the total number of votes cast by personal appearance on election day;

(5) the total number of votes cast by personal appearance or mail during the early voting period; and

(6) the total number of counted and uncounted provisional ballots cast.

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

SECTION ____. Chapter 4, Election Code, is amended by adding Section 4.009 to read as follows:

Sec. 4.009. INTERNET POSTING. (a) Not later than the 21st day before election day, a county that holds or provides election services for an election and maintains an Internet website shall post on its public Internet website for an election of public officials or of a governmental entity authorized by law to impose a tax administered by the county:

(1) the date of the election;

(2) the location of each polling place;

(3) each candidate for an elected office on the ballot; and

(4) each measure on the ballot.

(b) Not later than the 21st day before election day, a city or independent school district that holds an election and maintains an Internet website shall post on the public Internet website for the city or independent school district, as applicable:

(1) the date of the next election;

(2) the location of each polling place;

(3) each candidate for an elected office on the ballot; and

(4) each measure on the ballot.

Amendment No. 1 was adopted.

SB 1116, as amended, was passed to third reading.

COMMITTEE MEETING ANNOUNCEMENT

At 1:25 p.m., the following committee meeting was announced:

Pensions, Investments, and Financial Services, 2:30 p.m. or upon final recess today, 1W.14, for a formal meeting, to consider pending and referred business.

SB 904 ON SECOND READING
(Lopez - House Sponsor)

SB 904, A bill to be entitled An Act relating to requiring trauma training for certain attorneys.

Amendment No. 1

Representative Lopez offered the following amendment to SB 904:

Amend SB 904 (house committee printing) on page 2, lines 16-17, by striking "risk associated with increasing" and substituting "risks and benefits associated with".

Amendment No. 1 was adopted.

SB 904, as amended, was passed to third reading. (Ashby, Darby, Dean, and Shine recorded voting no.)

SB 904 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Neave moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 904 all joint authors and co-authors for HB 566.

The motion prevailed.

(Goodwin now present)

SB 1315 ON SECOND READING
(Dominguez - House Sponsor)

SB 1315, A bill to be entitled An Act relating to the determination that certain property is used as an aid or facility incidental to or useful in the operation or development of a port or waterway or in aid of navigation-related commerce for purposes of the application of certain ad valorem tax laws.

SB 1315 was passed to third reading.

SB 1385 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Murphy moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Gervin-Hawkins and Huberty as house sponsors to SB 1385.

The motion prevailed.

SB 343 ON SECOND READING
(Harless - House Sponsor)

SB 343, A bill to be entitled An Act relating to the entry into the Texas Crime Information Center of certain information regarding conditions of bond imposed in criminal cases involving family violence.

Representative Harless moved to postpone consideration of SB 343 until 10 a.m. Wednesday, March 2, 2022.

The motion prevailed.

SB 611 ON SECOND READING
(Lopez - House Sponsor)

SB 611, A bill to be entitled An Act relating to an exemption from ad valorem taxation of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed or fatally injured in the line of duty.

Amendment No. 1

Representative Howard offered the following amendment to SB 611:

Amend SB 611 (house committee report) as follows:

(1) Strike page 1, line 21, through page 2, line 9, and substitute the following:

(a) Except as provided by Section 11.439, the [~~The~~] chief appraiser shall accept and approve or deny an application for a residence homestead exemption[, including an exemption under Section 11.131 or 11.132 for the residence homestead of a disabled veteran or the surviving spouse of a disabled veteran, an exemption under Section 11.133 for the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action, or an exemption under Section 11.134 for the residence homestead of the surviving spouse of a first responder who is killed or fatally injured in the line of duty,] after the deadline for filing it has passed if it is filed not later than two years after the delinquency date for the taxes on the homestead.

(2) On page 2, between lines 9 and 10, insert the following appropriately numbered SECTIONS:

SECTION ____. The heading to Section 11.439, Tax Code, is amended to read as follows:

Sec. 11.439. LATE APPLICATIONS [~~APPLICATION~~] FOR DISABLED VETERANS EXEMPTIONS [~~EXEMPTION~~].

SECTION ____. Section 11.439(a), Tax Code, is amended to read as follows:

(a) The chief appraiser shall accept and approve or deny an application for an exemption under Section 11.131 or 11.132 for the residence homestead of a disabled veteran but not the surviving spouse of the disabled veteran or Section 11.22 after the filing deadline provided by Section 11.43 if the application is filed not later than five years after the delinquency date for the taxes on the property.

(3) Strike page 2, lines 12 through 19, and substitute the following appropriately numbered SECTIONS:

SECTION ____. Sections 11.431 and 11.439, Tax Code, as amended by this Act, apply only to an application for an exemption filed for a tax year that begins on or after the effective date of this Act.

SECTION ____. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2022.

(b) Section 11.133, Tax Code, as amended by this Act, takes effect January 1, 2022, but only if the constitutional amendment proposed by the 87th Legislature, Regular Session, 2021, authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed or fatally injured in the line of duty is approved by the voters. If that amendment is not approved by the voters, Section 11.133, Tax Code, as amended by this Act, has no effect.

(4) Renumber the SECTIONS of the bill accordingly.

Amendment No. 1 was adopted.

SB 611 - REMARKS

REPRESENTATIVE BUCY: Just real quickly, I want to start by thanking Senator Campbell and Representative Lopez for working on this legislation. This bill is important to me and to one of my constituents, Jamie Dorff, who will be greatly impacted by its passage. I'd like to, just very briefly, tell you her story and her family's story. In 2004, Army helicopter pilot Patrick Dorff was conducting a search and rescue mission in Northern Iraq when his helicopter crashed into a lake. Sadly, he passed away and his death certificate was coded as "killed in the line of duty" versus "killed in action." Due to the fact that his death was not caused by direct enemy action, his wife, Jamie, does not qualify for the current surviving spouse benefit. Her husband answered the call of duty and he gave his life serving his fellow soldiers and our country. Our state should honor Mr. Dorff's sacrifice and the sacrifice of other service members. I hope you will join me in honoring the Dorff family and families like theirs across Texas by voting for SB 611.

SB 611, as amended, was passed to third reading.

REMARKS ORDERED PRINTED

Representative Israel moved to print remarks by Representative Bucy on SB 611.

The motion prevailed.

SB 338 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Dutton moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 338 all joint authors and co-authors for HB 965.

The motion prevailed.

SCR 12 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Paddie moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SCR 12 all joint authors and co-authors for HCR 52.

The motion prevailed.

RESOLUTIONS CALENDAR

The chair laid before the house the following resolutions on committee report:

SCR 12
(P. King and Harris - House Sponsors)

SCR 12, Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

SCR 12 was adopted by (Record 1294): 85 Yeas, 60 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; 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; Paddie; Parker; Patterson; Paul; Perez; 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; 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; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Pacheco.

Absent — Guillen; White.

STATEMENTS OF VOTE

When Record No. 1294 was taken, I was shown voting yes. I intended to vote no.

E. Morales

When Record No. 1294 was taken, I was shown voting yes. I intended to vote no.

Ordaz Perez

When Record No. 1294 was taken, I was in the house but away from my desk. I would have voted yes.

White

SCR 3
(Shaheen and Martinez - House Sponsors)

SCR 3, Condemning China's practice of involuntary organ harvesting.

SCR 3 was adopted by (Record 1295): 137 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Hefner; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; 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; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Zwiener.

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

Absent, Excused — Coleman; Pacheco.

Absent — Bucy; Harless; Hernandez; King, T.; Lucio; Rose; Slawson; Turner, C.; Wu.

STATEMENTS OF VOTE

When Record No. 1295 was taken, I was shown voting yes. I intended to vote present, not voting.

Anchia

When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted yes.

Rose

When Record No. 1295 was taken, my vote failed to register. I would have voted yes.

Slawson

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 24 and Senate List No. 14).

SCR 3 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Paddie moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SCR 3 all joint authors and co-authors for HR 10.

The motion prevailed.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).

RECESS

Representatives Leach and Moody moved that the house recess until 1 p.m. Sunday, May 23.

The motion prevailed. (Cain, Krause, Middleton, Patterson, Schaefer, Shaheen, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, and Vasut recorded voting no.)

The house accordingly, at 1:51 p.m., recessed until 1 p.m. Sunday, May 23.

ADDENDUM

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of the house by the speaker:

House List No. 24

HB 180, HB 189, HB 365, HB 374, HB 375, HB 402, HB 690, HB 725, HB 763, HB 766, HB 785, HB 837, HB 851, HB 868, HB 871, HB 876, HB 914, HB 1510, HB 1545, HB 1572, HB 1606, HB 1618, HB 1680, HB 1904, HB 1936, HB 1939, HB 1958, HB 2004, HB 2083, HB 2093, HB 2106, HB 2301, HB 2343, HB 2374, HB 2530, HB 2669, HB 2698, HB 2819, HB 2840, HB 2841, HB 2847, HB 2920, HB 2941, HB 3130, HB 3132, HB 3165, HB 3394, HB 3644, HB 3689, HB 3721, HB 3769, HB 3786, HB 3788, HB 3794, HB 3799, HB 3856, HB 4436, HB 4577, HB 4579, HB 4585, HB 4610

Senate List No. 14

SB 40, SB 58, SB 184, SB 197, SB 280, SB 284, SB 297, SB 454, SB 510, SB 550, SB 586, SB 695, SB 702, SB 707, SB 787, SB 791, SB 795, SB 905, SB 911, SB 937, SB 997, SB 1028, SB 1072, SB 1134, SB 1185, SB 1323, SB 1371, SB 1414, SB 1474, SB 1534, SB 1550, SB 1677, SB 1727, SB 1821, SB 1829, SCR 41, SJR 47

MESSAGES FROM THE SENATE

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

Message No. 1

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, May 20, 2021

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

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

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HB 19

Leach

SPONSOR: Taylor

Relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.

(Committee Substitute/Amended)

HB 39

Neave

SPONSOR: Zaffirini

Relating to protective orders; making conforming changes.

(Committee Substitute/Amended)

HB 840

Moody

SPONSOR: Blanco

Relating to the selection of public members to serve on a county's salary grievance committee.

HB 2080

Leman

SPONSOR: Huffman

Relating to taxpayers' suits.

(Committee Substitute)

HB 3041

Frank

SPONSOR: Kolkhorst

Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.

HCR 106

Paul

SPONSOR: Taylor

In memory of Alayna Kay McDonald.

SB 1200

Powell

Relating to referrals to and consent to services under certain programs designed to serve pregnant women and families.

SB 1741

Birdwell

Relating to pretrial procedures, conditions for community supervision, and criminal punishment for conduct endangering the public safety; creating a criminal offense and increasing criminal penalties.

SCR 52

Hinojosa

In memory of former Texas Representative Sergio Muñoz Sr.

SCR 53

Hughes

In memory of Andrew George Khoury of Longview.

SCR 54

Hughes

Commemorating the centennial of the Rotary Club of Tyler.

Respectfully,

Patsy Spaw

Secretary of the Senate

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, May 20, 2021 - 2

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

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

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HB 135

Minjarez

SPONSOR: Miles

Relating to notifying an alleged perpetrator of child abuse or neglect of certain rights in an investigation by the Department of Family and Protective Services; creating a criminal offense.

(Committee Substitute/Amended)

HB 159

González, Mary

SPONSOR: Lucio

Relating to improving training and staff development for primary and secondary educators to enable them to more effectively serve all students.

HB 549

Thompson, Senfronia

SPONSOR: Zaffirini

Relating to exemptions from liability for certain professionals for the disclosure of certain mental health information.

(Committee Substitute)

HB 781

Sanford

SPONSOR: Paxton

Relating to the carrying and possession of a handgun by a public junior college school marshal.

HB 1387

Harris

SPONSOR: Birdwell

Relating to the storage of firearms and ammunition in the same locked location in certain foster homes.

HB 1693

Shaheen

SPONSOR: Miles

Relating to access to the financial responsibility verification program by justice and municipal courts.

HB 2048

Krause

SPONSOR: Powell

Relating to the criminal offense of passing certain vehicles on a highway.

HB 2112

Metcalf

SPONSOR: Springer

Relating to the carrying of holstered handguns by handgun license holders.

HB 2721

Lucio III

SPONSOR: Lucio

Relating to prohibiting a student from participating in future extracurricular activities for certain conduct involving the assault of an extracurricular activity official.

(Amended)

HB 2748

Ellzey

SPONSOR: Birdwell

Relating to the enforcement of commercial motor vehicle safety standards in certain municipalities.

HB 3496

Herrero

SPONSOR: Hinojosa

Relating to the designation of State Highway 358 as the Peace Officers Memorial Highway.

HB 3514

Canales

SPONSOR: Seliger

Relating to the functions of the Texas Department of Motor Vehicles; authorizing a penalty.

HB 3961

Spiller

SPONSOR: Perry

Relating to required posting of information regarding the office of the state long-term care ombudsman on certain long-term care facilities' Internet websites.

(Committee Substitute)

HB 4080

Jetton

SPONSOR: Zaffirini

Relating to issuance of autism awareness specialty license plates.

Respectfully,

Patsy Spaw

Secretary of the Senate

APPENDIX

STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

May 19

Business and Industry - SB 318

Criminal Jurisprudence - SB 768

Energy Resources - SB 1582

Environmental Regulation - SB 900, SB 1261

Higher Education - SB 810, SB 1780

Human Services - SB 1061, SB 1244, SB 1808, SB 1896

Insurance - SB 1648, SB 2051

International Relations and Economic Development - SB 2181

Land and Resource Management - SB 487, SB 1090 (corrected), SB 1167 (corrected), SB 2166 (corrected)

Natural Resources - SB 2193

Public Education - SB 29, SB 797, SB 1191

Public Health - SB 993, SB 1692

State Affairs - SB 10, SB 12

Transportation - SB 2187

Ways and Means - SB 63, SB 477, SB 1088, SB 1854

ENROLLED

May 19 - HB 180, HB 189, HB 365, HB 374, HB 375, HB 402, HB 690, HB 725, HB 763, HB 766, HB 785, HB 837, HB 851, HB 871, HB 876, HB 914, HB 1510, HB 2301, HB 2343, HB 2374, HB 2530, HB 2669, HB 2698, HB 2819, HB 2840, HB 2841, HB 2847, HB 2920, HB 2941, HB 3130, HB 3132, HB 3165, HB 3394, HB 3644, HB 3689, HB 3721, HB 3769, HB 3786, HB 3788, HB 3794, HB 3799, HB 3856, HB 4436, HB 4577, HB 4579, HB 4585, HB 4610

RECOMMENDATIONS FILED WITH THE SPEAKER

May 19 - HB 4669

SIGNED BY THE GOVERNOR

May 19 - HB 533, HB 867, HB 1082, HB 1622, HB 1699, HB 1905, HCR 87, HCR 88, HCR 93, HCR 95, HCR 96, HCR 97, HCR 98, HCR 99, HCR 100, HCR 102