FIFTY-SIXTH DAY --- WEDNESDAY, MAY 26, 2021
The house met at 3:46 p.m. and was called to order by the speaker pro tempore.
The roll of the house was called and a quorum was announced present (Record 1498).
Present — Mr. Speaker; Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody(C); Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Absent, Excused — Coleman.
LEAVES OF ABSENCE GRANTED
On motion of Representative Geren and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.
RULES SUSPENDED
Representative Geren moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.
The motion prevailed.
MOTION FOR ONE RECORD VOTE
On motion of Representative Geren and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.
SB 1917 - OBJECTIONS WITHDRAWN
Objections were withdrawn to SB 1917 which was previously withdrawn from the local, consent, and resolutions calendar.
SB 1917 (Meza - House Sponsor), A bill to be entitled An Act relating to a public outreach campaign for aging adults with visual impairments.
Without objection, SB 1917 was laid before the house, read second time, and passed to third reading. (Ashby, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Leach, Metcalf, Middleton, Noble, Oliverson, Sanford, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
OBJECTIONS WITHDRAWN
Objections were withdrawn to SB 239, SB 348, SB 841, SB 970, SB 1772, and SB 1984 which were previously withdrawn from the local, consent, and resolutions calendar.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
SECOND READING
Without objection, the following bills were laid before the house, read second time, and passed to engrossment or third reading (members registering votes are shown following the caption), and the following resolutions were laid before the house on committee report:
SB 239 (Collier - House Sponsor), A bill to be entitled An Act relating to the provision of educational materials regarding disease prevention during a disaster. (Ashby, C. Bell, Biedermann, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Dean, Ellzey, Gates, Harless, Harris, Hefner, Hull, Krause, Lambert, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
SB 348 (Jetton - House Sponsor), A bill to be entitled An Act relating to parental access to public school virtual instruction and instructional materials for virtual and remote learning.
SB 841 (Schaefer - House Sponsor), A bill to be entitled An Act relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions.
SB 970 (Shaheen - House Sponsor), A bill to be entitled An Act relating to the repeal of certain provisions related to health and human services. (Patterson recorded voting no.)
Amendment No. 1
Representative Shaheen offered the following amendment to SB 970:
Amend SB 970 (house committee report) on page 1, by striking line 22 and renumbering the subsequent subdivisions of Subsection (b), SECTION 1 of the bill, accordingly.
Amendment No. 1 was adopted.
CSSB 1772 (Zwiener and Cyrier - House Sponsors), A bill to be entitled An Act relating to the establishment of the Texas Pollinator-Smart program for solar energy sites. (Allison, Anderson, K. Bell, Biedermann, Bonnen, Buckley, Cain, Cason, Cook, Craddick, Dean, Ellzey, Gates, Goldman, Harris, Krause, Leach, Metcalf, Middleton, Noble, Oliverson, Parker, Patterson, Paul, Price, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 1984 (Anchia - House Sponsor), A bill to be entitled An Act relating to the reassignment of the carryforward designation of certain private activity bonds. (Allison, K. Bell, Biedermann, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Harless, Harris, Hefner, Hull, Krause, Leach, Metcalf, Middleton, Noble, Patterson, Shaheen, Shine, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CONSTITUTIONAL RULE SUSPENDED
Representative Geren moved to suspend constitutional and house rules requiring bills to be read on three several days and to place SB 1917, SB 239, SB 348, SB 841, SB 970, SB 1772, and SB 1984 on the local, consent, and resolutions calendar for their third reading and final passage.
The motion prevailed by (Record 1499): 145 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; 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; Moody(C).
Absent, Excused — Coleman.
Absent — Davis; Middleton.
STATEMENT OF VOTE
When Record No. 1499 was taken, I was in the house but away from my desk. I would have voted no.
Middleton
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number).
(Record 1500): 147 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; 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; Moody(C).
Absent, Excused — Coleman.
SB 41 (Allison, K. Bell, Biedermann, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Harris, Hefner, Krause, Schaefer, Shine, Slaton, Tinderholt, Toth, Vasut, and Wilson - no) (127 - 20 - 2)
SB 123 (Ashby, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Craddick, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Hull, Krause, Lambert, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Paul, Price, Sanford, Shaheen, Shine, Slawson, Smith, Smithee, Spiller, Stucky, Swanson, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (100 - 47 - 2)
SB 168 (Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Landgraf, Leach, Leman, Metcalf, Murr, Noble, Oliverson, Shaheen, Shine, Slaton, Smith, Smithee, Spiller, Toth, VanDeaver, Vasut, and Wilson - no) (114 - 33 - 2)
SB 198 (Slaton - no) (146 - 1 - 2)
SB 202 (Anderson, Harless, Shaheen, and Slaton - no) (143 - 4 - 2)
SB 289 (Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Goldman, Harris, Hefner, Krause, Leach, Oliverson, Patterson, Shine, Slaton, Toth, Vasut, and Wilson - no) (126 - 21 - 2)
SB 437 (C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Hull, Krause, Lambert, Leach, Metcalf, Middleton, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Toth, Vasut, and Wilson - no) (106 - 41 - 2)
SB 456 (Biedermann, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Harris, Hefner, Krause, Patterson, Shine, Slaton, Slawson, Toth, Vasut, and Wilson - no) (129 - 18 - 2)
SB 462 (Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Krause, Leach, Metcalf, Middleton, Noble, Oliverson, Sanford, Shaheen, Shine, Slaton, Smithee, Tinderholt, Toth, Vasut, and Wilson - no) (117 - 30 - 2)
SB 464 (C. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Leach, Metcalf, Noble, Oliverson, Schaefer, Shine, Slaton, Slawson, Smithee, Toth, Vasut, and Wilson - no) (118 - 29 - 2)
SB 483
SB 504 (Allison, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Hull, Krause, Leach, Metcalf, Noble, Oliverson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smithee, Tinderholt, Toth, Vasut, and Wilson - no) (110 - 37 - 2)
SB 604 (Shaheen - no) (146 - 1 - 2)
SB 615 (C. Bell, Biedermann, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Harris, Hefner, Krause, Patterson, Schaefer, Shine, Toth, Vasut, and Wilson - no) (129 - 18 - 2)
SB 640 (Ashby, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Craddick, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Hull, Krause, Lambert, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Patterson, Price, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (99 - 48 - 2)
SB 746 (Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Craddick, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Krause, Lambert, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Paul, Price, Sanford, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (109 - 38 - 2)
SB 801 (Bonnen, Cook, Goldman, Noble, Oliverson, and Patterson - no) (141 - 6 - 2)
SB 855 (C. Bell, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Harris, Hefner, Krause, Leach, Patterson, Schaefer, Shine, Slaton, Toth, Vasut, and Wilson - no) (128 - 19 - 2)
SB 910 (C. Bell, Bonnen, Goldman, Oliverson, Schaefer, Slaton, Smith, and Spiller - no) (139 - 8 - 2)
SB 1019 (Allison, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Leach, Leman, Metcalf, Noble, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (109 - 38 - 2)
SB 1061 (Biedermann, Buckley, Cain, Cason, Darby, Dean, Gates, Harris, Krause, Leach, Sanford, Shaheen, Shine, Slaton, Toth, Vasut, and Wilson - no) (130 - 17 - 2)
SB 1063 (Cook, Noble, Patterson, Schaefer, and Smith - no) (142 - 5 - 2)
SB 1065 (Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Leach, Leman, Metcalf, Oliverson, Shaheen, Shine, Slaton, Smith, Smithee, Spiller, Tinderholt, Toth, Vasut, and Wilson - no) (118 - 29 - 2)
SB 1071 (Biedermann, Buckley, Burns, Burrows, Cain, Clardy, Cook, Darby, Dean, Ellzey, Gates, Harless, Harris, Hefner, Krause, Landgraf, Leach, Leman, Metcalf, Murr, Noble, Paul, Shaheen, Shine, Smithee, Toth, VanDeaver, Vasut, and Wilson - no) (118 - 29 - 2)
SB 1090 (C. Bell, Bonnen, Goldman, Oliverson, Patterson, Schaefer, Slaton, and Spiller - no) (139 - 8 - 2)
SB 1095 (Bonnen, Burns, Goldman, Landgraf, Murr, Oliverson, Patterson, Slaton, and VanDeaver - no) (138 - 9 - 2)
SB 1103 (Allison, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Dean, Gates, Goldman, Harris, Hefner, Krause, Leach, Middleton, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Tinderholt, Toth, Vasut, and Wilson - no) (117 - 30 - 2)
SB 1155 (Allison, K. Bell, Biedermann, Bonnen, Buckley, Cain, Cason, Cook, Dean, Gates, Goldman, Harris, Krause, Leach, Middleton, Noble, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Shine, Slaton, Smith, Spiller, Swanson, E. Thompson, Tinderholt, Toth, Vasut, and Wilson - no) (115 - 32 - 2)
SB 1167 (Allison, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smithee, Swanson, Toth, VanDeaver, Vasut, and Wilson - no) (108 - 39 - 2)
SB 1191 (Patterson and Slaton - no) (145 - 2 - 2)
SB 1208
SB 1244 (Biedermann, Buckley, Cain, Darby, Dean, Gates, Harris, Krause, Patterson, Schaefer, Shine, Slaton, Toth, Vasut, and Wilson - no) (132 - 15 - 2)
SB 1296 (Patterson and Slaton - no) (145 - 2 - 2)
SB 1351 (Biedermann, Buckley, Burrows, Cain, Clardy, Cook, Darby, Dean, Ellzey, Gates, Harris, Hefner, Krause, Leach, Metcalf, Noble, Sanford, Shaheen, Shine, Slaton, Smithee, Toth, Vasut, and Wilson - no) (123 - 24 - 2)
SB 1353 (Ashby, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Swanson, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (103 - 44 - 2)
SB 1357 (Patterson, Sanford, Schaefer, Shaheen, Slaton, Smith, and Swanson - no) (140 - 7 - 2)
SB 1397 (Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Krause, Leach, Leman, Metcalf, Middleton, Noble, Oliverson, Patterson, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (113 - 34 - 2)
SB 1458 (C. Bell, Bonnen, Cook, Ellzey, Goldman, Metcalf, Noble, Oliverson, Schaefer, Shaheen, Slaton, Slawson, and Spiller - no) (134 - 13 - 2)
SB 1465 (Allison, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Krause, Leach, Leman, Metcalf, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Shine, Slawson, Smithee, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (111 - 36 - 2)
SB 1541 (Clardy, Cook, Ellzey, Lambert, Leman, Metcalf, Noble, Patterson, Shaheen, Slaton, and Slawson - no) (136 - 11 - 2)
SB 1575 (Slaton - no) (146 - 1 - 2)
SB 1704 (Ellzey, Harless, Metcalf, and Shaheen - no) (143 - 4 - 2)
SB 1761 (Cook, Noble, Patterson, and Tinderholt - no) (143 - 4 - 2)
SB 1808 (Allison, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Cain, Cason, Darby, Dean, Ellzey, Gates, Goldman, Harris, Krause, Leach, Metcalf, Oliverson, Schaefer, Shaheen, Shine, Smith, Smithee, Spiller, Toth, Vasut, and Wilson - no) (120 - 27 - 2)
SB 1854 (Leach - no) (146 - 1 - 2)
SB 1856
SB 1895 (Patterson and Slaton - no) (145 - 2 - 2)
SB 1919
SB 1923 (Allison, K. Bell, Patterson, and Slaton - no) (143 - 4 - 2)
SB 1941 (Anderson, C. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Craddick, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Hull, Krause, Leach, Leman, Metcalf, Noble, Oliverson, Parker, Price, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (107 - 40 - 2)
SB 1949 (Allison, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Murr, Oliverson, Patterson, Sanford, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (108 - 39 - 2)
SB 1990 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Slawson, Smith, Smithee, Spiller, Stucky, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (104 - 43 - 2)
SB 2013 (Ashby, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Darby, Dean, Gates, Goldman, Harris, Hefner, Krause, Leach, Middleton, Noble, Oliverson, Patterson, Schaefer, Shine, Slaton, Smithee, Spiller, Stucky, Toth, Vasut, and Wilson - no) (118 - 29 - 2)
SB 2016 (C. Bell, Cook, Holland, Noble, Patterson, Schaefer, Slaton, Slawson, and Tinderholt - no) (138 - 9 - 2)
SB 2066 (Allison, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Murr, Noble, Oliverson, Patterson, Sanford, Shaheen, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (105 - 42 - 2)
SB 2166 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Holland, Hull, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Slaton, Slawson, Smithee, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (106 - 41 - 2)
SB 2181 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (106 - 41 - 2)
SB 2193 (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (108 - 39 - 2)
SB 2222
SB 2243 (Allison, Bonnen, Cook, Cyrier, Ellzey, Goldman, Holland, Hull, Metcalf, Middleton, Noble, Oliverson, Patterson, Slaton, Slawson, Smith, Spiller, and Swanson - no) (129 - 18 - 2)
SB 111 (Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Lambert, Leach, Leman, Metcalf, Middleton, Oliverson, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (115 - 32 - 2)
SB 1109 (Anderson, Ashby, C. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Craddick, Darby, Dean, Ellzey, Gates, Goldman, Harris, Hefner, Hull, Krause, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Paul, Price, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Swanson, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (99 - 48 - 2)
SB 1123 (Patterson and Slaton - no) (145 - 2 - 2)
SB 1227 (Darby, Patterson, Slaton, Swanson, and Tinderholt - no) (142 - 5 - 2)
SB 2230 (Allison, K. Bell, Biedermann, Buckley, Burrows, Cain, Cason, Clardy, Dean, Gates, Harris, Hefner, Leach, Noble, Patterson, Sanford, Shaheen, Shine, Toth, Vasut, and Wilson - no) (126 - 21 - 2)
SB 279 (Ashby, C. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Craddick, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Hull, Krause, Lambert, Leach, Leman, Metcalf, Noble, Oliverson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Tinderholt, Toth, Vasut, and Wilson - no) (107 - 40 - 2)
SB 226 (Biedermann, Buckley, Burrows, Cain, Clardy, Darby, Dean, Gates, Harris, Hefner, Krause, Shine, Slaton, Tinderholt, Toth, Vasut, and Wilson - no) (130 - 17 - 2)
SB 369 (Burrows, Clardy, Hefner, and Patterson - no) (143 - 4 - 2)
SB 1997 (Cason, Noble, Patterson, Sanford, Shaheen, Swanson, and Tinderholt - no) (140 - 7 - 2)
SB 318 (Anderson, K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Krause, Lambert, Leach, Metcalf, Oliverson, Patterson, Shaheen, Shine, Slaton, Smith, Smithee, Spiller, Toth, Vasut, and Wilson - no) (116 - 31 - 2)
SB 1125 (Anderson, Clardy, Harless, Harris, Shaheen, Slaton, and Slawson - no) (140 - 7 - 2)
SB 1917 (Ashby, Biedermann, Bonnen, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Leach, Metcalf, Middleton, Noble, Oliverson, Sanford, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (109 - 38 - 2)
SB 239 (Ashby, C. Bell, Biedermann, Buckley, Burns, Burrows, Cain, Cason, Clardy, Cook, Dean, Ellzey, Gates, Harless, Harris, Hefner, Hull, Krause, Lambert, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson - no) (107 - 40 - 2)
SB 348
SB 841
SB 970 (Patterson - no) (146 - 1 - 2)
SB 1772 (Allison, Anderson, K. Bell, Biedermann, Bonnen, Buckley, Cain, Cason, Cook, Craddick, Dean, Ellzey, Gates, Goldman, Harris, Krause, Leach, Metcalf, Middleton, Noble, Oliverson, Parker, Patterson, Paul, Price, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (109 - 38 - 2)
SB 1984 (Allison, K. Bell, Biedermann, Buckley, Burrows, Cain, Cason, Clardy, Cook, Darby, Dean, Ellzey, Gates, Harless, Harris, Hefner, Hull, Krause, Leach, Metcalf, Middleton, Noble, Patterson, Shaheen, Shine, Slaton, Slawson, Swanson, Tinderholt, Toth, Vasut, and Wilson - no) (115 - 32 - 2)
SB 617 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Klick moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Rodriguez as a house sponsor to SB 617.
The motion prevailed.
SB 598 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Cain moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Cain, Clardy, Bonnen, Burrows, Murphy, Schofield, Slawson, Button, White, Lozano, Goldman, Leman, Patterson, Hefner, Metcalf, and Allison as house sponsors to SB 598.
The motion prevailed.
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, Senate List No. 17).
(Speaker in the chair)
MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 2233 ON THIRD READING
(Howard and S. Thompson - House Sponsors)
SB 2233, A bill to be entitled An Act relating to the completion of sexual harassment prevention training and ethics training to register as a lobbyist.
SB 2233 was passed by (Record 1501): 130 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; Cyrier; Darby; Davis; Deshotel; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; 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; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Cason; Dean; Harris; Hefner; Hull; Noble; Oliverson; Schaefer; Slaton; Slawson; Swanson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Dominguez; King, P.; Schofield.
STATEMENTS OF VOTE
When Record No. 1501 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1501 was taken, I was shown voting yes. I intended to vote no.
Toth
SB 1336 ON THIRD READING
(Bonnen, Oliverson, Paul, Krause, and Schofield - House Sponsors)
SB 1336, A bill to be entitled An Act relating to a limit on the rate of growth of certain appropriations.
SB 1336 was passed by (Record 1502): 89 Yeas, 55 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Cortez; Cyrier; Darby; Dean; Deshotel; Ellzey; Frank; Gates; Geren; Goldman; Guerra; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Moody; Morales, E.; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Anchia; Beckley; Bernal; Bucy; Campos; Canales; Cole; Collier; Craddick; Crockett; Davis; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Guillen.
Absent, Excused — Coleman.
Absent — Frullo; Herrero; Johnson, J.D.
STATEMENTS OF VOTE
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
Bowers
When Record No. 1502 was taken, I was in the house but away from my desk. I would have voted yes.
Frullo
When Record No. 1502 was taken, I was shown voting present, not voting. I intended to vote yes.
Guillen
When Record No. 1502 was taken, I was in the house but away from my desk. I would have voted no.
Herrero
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
Moody
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
E. Morales
SB 966 ON THIRD READING
(Klick - House Sponsor)
SB 966, A bill to be entitled An Act relating to legislative oversight during a public health disaster or public health emergency, including the establishment of a legislative public health oversight board.
Amendment No. 1
Representative Klick offered the following amendment to SB 966:
Amend SB 966 on third reading as follows:
(1) In SECTION 5 of the bill, in amended Section 81.082, Health and Safety Code:
(A) Amend Subsection (d) (page 2, line 25), by striking "or a public health emergency".
(B) Amend Subsection (d) (page 2, line 26), between "or" and "the", by inserting "by the commissioner with the approval of".
(C) Amend Subsection (d) (page 3, line 1), immediately after "days.", by inserting "A public health emergency order may be renewed by the commissioner for an additional 30 days.".
(D) Strike proposed Subsection (d-1) (page 3, lines 3 through 9), and substitute the following:
(d-1) Notwithstanding Subsection (d), if the legislature or the legislature public health oversight board is unable to meet to consider the renewal of a declaration of a public health disaster, the declaration shall continue until the legislature or board meets unless the declaration is terminated by the commissioner or governor.
(2) In SECTION 6 of the bill, strike proposed Sections 81.0821(c)(2) through (6), Health and Safety Code (page 4, lines 2 through 8), and substitute the following:
(3) the chair of the Senate Committee on Finance or its successor;
(4) the chair of the Senate Committee on State Affairs or its successor;
(5) the chair of the Senate Committee on Health and Human Services or its successor;
(6) the chair of the Senate Committee on Education or its successor;
(7) the chair of the House Committee on Appropriations or its successor;
(8) the chair of the House Committee on State Affairs or its successor;
(9) the chair of the House Committee on Public Health or its successor;
(10) the chair of the House Committee on Public Education or its successor;
(11) two additional members of the senate appointed by the lieutenant governor; and
(12) two additional members of the house appointed by the speaker.
Amendment No. 1 was adopted.
SB 966, as amended, was passed by (Record 1503): 138 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; 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 — Anchia; Crockett; Lopez; Morales Shaw; Schaefer; Slaton; Tinderholt.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Hernandez; Longoria; Lucio.
SB 321 ON THIRD READING
(Bonnen - House Sponsor)
SB 321, A bill to be entitled An Act relating to contributions to, benefits from, and the administration of the Employees Retirement System of Texas.
Amendment No. 1
Representative Bonnen offered the following amendment to SB 321:
Amend SB 321 on third reading by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subchapter B, Chapter 814, Government Code, is amended by adding Section 814.109 to read as follows:
Sec. 814.109. ELIGIBILITY OF CERTAIN MEMBERS FOR SERVICE RETIREMENT. Notwithstanding any other law other than Section 815.507:
(1) a member eligible to retire under this subchapter from either class of membership may retire without separating from a position in that class if the member:
(A) has accrued enough service credit in the class to receive the maximum annuity permitted under this subchapter; and
(B) is at least 60 years old; and
(2) a member who retires from either class of membership under this section is not entitled to earn any additional retirement benefits under this subtitle.
Amendment No. 1 was adopted. (Cook, Krause, Middleton, Patterson, Slawson, Smith, and Vasut recorded voting no.)
Amendment No. 2
Representative C. Turner offered the following amendment to SB 321:
Amend SB 321 (house committee printing) as follows:
(1) Strike page 1, line 5, through page 5, line 25.
(2) On page 6, lines 3 and 4, strike "the [each member's] compensation of each member, other than a cash balance group member," and substitute "each member's compensation".
(3) Strike page 7, line 10, through page 8, line 4.
(4) Strike page 8, line 20, through page 15, line 3.
(5) Add the following appropriately numbered SECTION to the bill:
SECTION ____. (a) The Employees Retirement System of Texas shall conduct a study to evaluate the feasibility and anticipated financial impact of transitioning from providing retirement benefits to new members of the system through the existing defined benefit plan to providing those benefits through a cash balance benefit that provides individual accounts to members. In conducting the study required by this section, the system shall review and evaluate the impact transitioning to a cash balance benefit will have on the state's workforce, taking into consideration:
(1) the impact implementing the benefit will have on the unfunded actuarial accrued liability of the system;
(2) the impact implementing the benefit will have on the state's ability to attract and maintain a competitive workforce;
(3) the likelihood that a cash balance benefit will provide adequate and competitive retirement security for state employees; and
(4) the experience and outcome of other states that have transitioned from providing retirement benefits to the states' employees under a traditional defined benefit plan to providing retirement benefits through a cash balance benefit.
(b) The Employees Retirement System of Texas may consult with anyone the system determines appropriate to conduct the study and prepare the report required by this section, including outside experts and other state agencies, including the State Pension Review Board, the Legislative Budget Board, the state auditor's office, and the Texas Department of Insurance.
(c) Not later than September 1, 2022, the Employees Retirement System of Texas shall report the system's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature. The system shall include in its recommendations specific statutory and regulatory changes that the system determines necessary or appropriate to implement its recommendations.
(d) This section expires September 15, 2022.
(6) Renumber the SECTIONS of the bill appropriately.
A record vote was requested by Representative C. Turner.
Amendment No. 2 failed of adoption by (Record 1504): 62 Yeas, 83 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Fierro; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Stephenson; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Goldman; González, J.; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Metcalf; Meyer; Middleton; Morales Shaw; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Lozano; Perez; Thompson, S.
STATEMENT OF VOTE
When Record No. 1504 was taken, I was shown voting no. I intended to vote yes.
Morales Shaw
Amendment No. 3
Representative Bucy offered the following amendment to SB 321:
Amend SB 321 on third reading as follows:
(1) On page 9, between lines 19 and 20, insert the following:
Sec. 820.005. ADVISORY COMMITTEE ON CASH BALANCE BENEFIT; BIENNIAL REPORT. (a) In this section:
(1) "Advisory committee" means the advisory committee established under this section.
(2) "State employee organization" means an organization with a membership of at least 4,000 state employees, as determined by the board of trustees.
(b) An advisory committee is established to review and monitor the implementation and impact of the cash balance benefit established under this chapter. The committee is composed of:
(1) each member of the board of trustees;
(2) the executive director or the executive director's designee;
(3) a representative of the state auditor, designated by the state auditor; and
(4) a representative of each state employee organization that elects to participate on the committee, designated in the manner prescribed by the organization.
(c) The advisory committee shall elect a presiding officer from the committee's members.
(d) A member of the advisory committee serves at the will of the designating official or organization, as applicable.
(e) The advisory committee shall meet at the call of the presiding officer.
(f) A member of the advisory committee is not entitled to compensation for service on the committee but may be reimbursed for travel and other reasonable and necessary expenses incurred in connection with the member's service on the advisory committee as provided by the General Appropriations Act.
(g) The retirement system and the state auditor shall provide administrative support to the advisory committee and shall equally pay the administrative and operational costs incurred by the committee. For purposes of this subsection, the system or state auditor may use agency employees or retain outside professionals.
(h) The advisory committee may seek and accept gifts, grants, and donations from public or private sources, including any available federal funds, to accomplish the purposes of this section.
(i) Not later than November 1 of each even-numbered year, the advisory committee shall conduct a study and submit a report to each member of the legislature on the impact of the cash balance benefit established under this chapter. The report must include a description and analysis of the impact implementing a cash balance benefit under this chapter has had on:
(1) state employee recruitment, retention, and turnover;
(2) state employee job satisfaction; and
(3) the likelihood that state employees subject to this chapter are being provided adequate and competitive retirement security.
(j) The board of trustees shall post a copy of the report described by Subsection (i) on the retirement system's Internet website.
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. As soon as practicable after the effective date of this Act:
(1) the board of trustees of the Employees Retirement System of Texas shall notify each state employee organization, as defined by Section 820.005, Government Code, as added by this Act, of the organization's eligibility to participate on the advisory committee established under that section; and
(2) the appropriate official or organization shall designate the members of the committee.
A record vote was requested by Representative Bucy.
Amendment No. 3 failed of adoption by (Record 1505): 64 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Leman; Perez; Thompson, S.
STATEMENT OF VOTE
When Record No. 1505 was taken, I was in the house but away from my desk. I would have voted no.
Leman
Amendment No. 4
Representative Rosenthal offered the following amendment to SB 321:
Amend SB 321 on third reading on page 12, line 4, between "815.105" and the underlined period, by inserting ", except that the life expectancy of men and women may not be computed in a manner that results in a gender-based difference".
Amendment No. 4 failed of adoption.
SB 321, as amended, was passed by (Record 1506): 81 Yeas, 65 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, T.; Larson; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Hunter; Thierry.
STATEMENT OF VOTE
When Record No. 1506 was taken, I was shown voting yes. I intended to vote no.
Biedermann
SB 968 ON THIRD READING
(Klick - House Sponsor)
SB 968, A bill to be entitled An Act relating to public health disaster and public health emergency preparedness and response; providing a civil penalty.
Amendment No. 1
Representative Klick offered the following amendment to SB 968:
Amend SB 968 on third reading as follows:
(1) On page 2, line 21, between "manufacturer" and "of", insert "or wholesale distributor".
(2) On page 3, line 12, strike "AND EMERGENCIES".
(3) On page 3, lines 15-16, strike "; PUBLIC HEALTH EMERGENCIES".
(4) On page 3, strike lines 17-19, and substitute the following:
SECTION 5. Section 81.003(7), Health and Safety Code, is amended to read as follows:
(5) On page 4, strike lines 6-14.
(6) On page 4, strike lines 24-26 and substitute the following:
commissioner shall require the reports of polymerase chain reaction tests from clinical or hospital laboratories to contain the cycle threshold values and their reference ranges.
(7) On page 5, line 13, strike "OR ORDER PUBLIC HEALTH EMERGENCY".
(8) On page 5, lines 14-15, strike "or order a statewide or regional public health emergency".
(9) On page 5, strike "or public health emergency" each time it appears (lines 21 and 27).
(10) On pages 5, strike "or emergency" each time it appears (lines 22 and 25).
(11) On page 6, strike "or emergency" each time it appears (lines 1, 10-11, 13, 15, 17-18, and 19-20).
(12) On page 6, line 2, strike "or ordered".
(13) On page 6, line 3, strike "or public health emergency".
(14) On page 6, line 4, immediately before "a designated", insert "by the commissioner with the approval of".
(15) On page 6, line 5, strike "renew" and substitute "approve the renewal of".
(16) On page 6, lines 6-7, strike "or public health emergency order".
(17) On page 6, strike "or order" each time it appears (lines 8, 21, 23-24, and 25).
(18) On page 7, line 1 strike "or emergency"
(19) On page 7, strike lines 2-17 and substitute the following:
Sec. 81.0814. CONSULTATION WITH TASK FORCE ON INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE. After declaring a public health disaster, the commissioner shall consult with the Task Force on Infectious Disease Preparedness and Response, including any subcommittee the task force forms to aid in the rapid assessment of response efforts.
(20) On page 7, line 20, strike "or emergency".
(21) Strike page 9, line 27 through page 10, line 4, and reletter subsequent subsections of added Section 1001.0515, Health and Safety Code, accordingly.
(22) On page 11, line 1, strike "Under the direction of" and substitute "In coordination with".
(23) On page 11, line 12, strike "Not later than December 1, 2022" and substitute "Not later than nine months after the date the declared public health disaster related to the 2019 novel coronavirus disease is terminated, or September 1, 2023, whichever is earlier".
(24) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Sections 161.00705(a) and (c), Health and Safety Code, are as amended to read as follows:
(a) The department shall maintain a registry of persons who receive an immunization[,] or antiviral[, and other medication] administered to prepare for a potential disaster, public health disaster [emergency], terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency or in response to a declared disaster, public health disaster [emergency], terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency. A health care provider who administers an immunization[,] or antiviral[, or other medication] shall provide the data elements to the department. At the request and with the authorization of the health care provider, the data elements may be provided through a health information exchange as defined by Section 182.151.
(c) The department shall track adverse reactions to an immunization[,] or antiviral[, and other medication] administered to prepare for a potential disaster, public health disaster [emergency], terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency or in response to a declared disaster, public health disaster [emergency], terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency. A health care provider who administers an immunization[,] or antiviral[, or other medication] may provide data related to adverse reactions to the department.
SECTION ____. Sections 1001.089(a)(2), Health and Safety Code, is amended to read as follows:
(2) "Local public health entity" means a local health authority, local health unit, local health department, or public health district.
Amendment No. 1 was adopted.
Amendment No. 2
Representatives Oliverson, Klick, Toth, and C. Bell offered the following amendment to SB 968:
Amend SB 968 on third reading on page 3, between lines 8 and 9, by inserting the following:
(d) In entering into a contract under Subsection (a), the division shall ensure that the manufacturer is located in the United States to the extent practicable.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Guerra offered the following amendment to SB 968:
Amend SB 968 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Subchapter H, Chapter 418, Government Code, is amended by adding Section 418.1861 to read as follows:
Sec. 418.1861. DISEASE PREVENTION INFORMATION SYSTEM. (a) The Department of State Health Services, using existing resources, shall develop and implement a disease prevention information system for dissemination of immunization information during a declared state of disaster or local state of disaster.
(b) During a declared state of disaster or local state of disaster, the Department of State Health Services shall ensure that educational materials regarding immunizations are available to local health authorities in this state for distribution to:
(1) public and private schools;
(2) child-care facilities as defined by Section 42.002, Human Resources Code;
(3) community centers offering youth services and programs;
(4) community centers offering services and programs to vulnerable populations, including communities of color, low-income individuals, and elderly individuals;
(5) local health care providers; and
(6) veterans homes as defined by Section 164.002, Natural Resources Code.
(c) The educational materials must include:
(1) the most recent immunization schedules by age as recommended by the Centers for Disease Control and Prevention; and
(2) locations, if any, of local health care providers that offer immunizations.
SECTION ____. As soon as practicable, but not later than August 31, 2022, the Department of State Health Services shall implement the disease prevention information system as required by Section 418.1861, Government Code, as added by this Act.
Amendment No. 3 was adopted.
Amendment No. 4
Representatives Stucky, Shine, Guillen, Guerra, Ashby, Fierro, and Lambert offered the following amendment to SB 968:
Amend SB 968 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter E, Chapter 418, Government Code, is amended by adding Section 418.1085 to read as follows:
Sec. 418.1085. LIMITATIONS ON CONSTRUCTION AND RELATED SERVICES. The presiding officer of the governing body of a political subdivision may not issue an order during a declared state of disaster or local disaster to address a pandemic disaster that would limit or prohibit:
(1) housing and commercial construction activities, including related activities involving the sale, transportation, and installation of manufactured homes;
(2) the provision of governmental services for title searches, notary services, and recording services in support of mortgages and real estate services and transactions;
(3) residential and commercial real estate services, including settlement services; or
(4) essential maintenance, manufacturing, design, operation, inspection, security, and construction services for essential products, services, and supply chain relief efforts.
Amendment No. 4 was adopted.
Amendment No. 5
Representatives Bucy, Klick, and Oliverson offered the following amendment to SB 968:
Amend SB 968 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 418, Government Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. WELLNESS CHECKS FOR MEDICALLY FRAGILE INDIVIDUALS DURING CERTAIN EMERGENCIES
Sec. 418.301. DEFINITIONS. In this subchapter:
(1) "Commission" means the Health and Human Services Commission.
(2) "Department" means the Department of State Health Services.
(3) "Emergency assistance registry" means the registry maintained by the division that provides local emergency planners and emergency responders with additional information on the needs of certain individuals in their communities.
(4) "First responder" means any federal, state, or local personnel who may respond to a disaster, including:
(A) public health and public safety personnel;
(B) commissioned law enforcement personnel;
(C) fire protection personnel, including volunteer firefighters;
(D) emergency medical services personnel, including hospital emergency facility staff;
(E) a member of the National Guard; or
(F) a member of the Texas State Guard.
(5) "Medically fragile individual" means any individual who, during a time of disaster or emergency, would be particularly vulnerable because of a medical condition, including individuals:
(A) with Alzheimer's disease and other related disorders;
(B) receiving dialysis services;
(C) who are diagnosed with a debilitating chronic illness;
(D) who are dependent on oxygen treatment; and
(E) who have medical conditions that require 24-hour supervision from a skilled nurse.
Sec. 418.302. MEDICALLY FRAGILE INDIVIDUAL DESIGNATION. The division shall develop a process for designating individuals who are included in the emergency assistance registry as medically fragile for the purposes of this chapter.
Sec. 418.303. EMERGENCY ASSISTANCE REGISTRY ACCESS. The division shall authorize the following persons to access the emergency assistance registry to assist medically fragile individuals during an event described by Section 418.305:
(1) the commission;
(2) the department;
(3) first responders;
(4) local governments; and
(5) local health departments.
Sec. 418.304. REQUIRED WELLNESS CHECK. The division shall collaborate with the persons authorized to access the emergency assistance registry under Section 418.303 and with applicable municipalities and counties to ensure that a wellness check is conducted on each medically fragile individual listed in the emergency assistance registry and located in an area that experiences an event described by Section 418.305 to ensure the individual has:
(1) continuity of care; and
(2) the ability to continue using electrically powered medical equipment, if applicable.
Sec. 418.305. EVENTS REQUIRING WELLNESS CHECKS. (a) The division, in collaboration with the commission and the department, shall adopt rules regarding which events require a wellness check, including:
(1) an extended power, water, or gas outage;
(2) a state of disaster declared under this chapter; or
(3) any other event considered necessary by the commission, the department, or the division.
(b) If more than one disaster is declared for the same event, or the same event qualifies as an event requiring a wellness check for multiple reasons under Subsection (a), only one wellness check is required to be conducted under this subchapter.
Sec. 418.306. REQUIREMENTS FOR WELLNESS CHECK. (a) The division, in collaboration with the commission and the department, by rule shall develop minimum standards for conducting wellness checks. Each county and municipality shall adopt procedures for conducting wellness checks in compliance with the minimum standards.
(b) A wellness check on a medically fragile individual under this subchapter must:
(1) include:
(A) an automated telephone call and text to the individual;
(B) a personalized telephone call to the individual; and
(C) if the individual is unresponsive to a telephone call under Paragraph (B), an in-person wellness check; and
(2) be conducted in accordance with the minimum standards prescribed by division rule and the procedures of the applicable county or municipality.
(c) A wellness check must be conducted as soon as practicable but not later than 24 hours after the event requiring a wellness check occurs.
Sec. 418.307. RULES. The division, in collaboration with the commission and the department, shall adopt rules to implement this subchapter.
SECTION ____. As soon as practicable after the effective date of this Act, the Texas Division of Emergency Management shall adopt the rules necessary to implement Subchapter J, Chapter 418, Government Code, as added by this Act.
Amendment No. 5 was adopted.
SB 968 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE DEAN: Chair Klick, will this bill help patients like those who had cancer treatments and surgeries scheduled during the pandemic, and in the confusion of what was elective and what was not, their surgeries got postponed?
REPRESENTATIVE KLICK: I believe it would. I had a constituent that was diagnosed with breast cancer at the very beginning of the pandemic, and because she was electing to have immediate reconstructive surgery, her physician would not do the procedure. She ended up going out of state to have much-needed treatment. So I do believe that this would be helpful in those circumstances.
DEAN: Yes, ma'am. Did you know that I have a constituent in Longview who dealt with the exact situation? Her name is Tina Moody Bryant. She was diagnosed with ovarian cancer and was awaiting surgery scheduled for March 2020, which was postponed after the governor's orders. I'd like to thank you and Senator Kolkhorst for this bill on behalf of Mrs. Bryant and all of the Texans who this will protect in the future.
REMARKS ORDERED PRINTED
Representative Dean moved to print remarks between Representative Klick and Representative Dean on SB 968.
The motion prevailed.
SB 968, as amended, was passed by (Record 1507): 146 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; 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; Romero; Rose; Rosenthal; Sanford; 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 — Rogers; Schaefer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
SB 2233 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Paddie moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Minjarez as a house sponsor to SB 2233.
The motion prevailed.
SB 1232 ON THIRD READING
(Bonnen - House Sponsor)
SB 1232, A bill to be entitled An Act relating to the management and investment of the permanent school fund, including authorizing the creation of the Texas Permanent School Fund Corporation to manage and invest the fund and limiting the authority of the School Land Board to manage and invest the fund if the corporation is created.
Amendment No. 1
Representative Bonnen offered the following amendment to SB 1232:
Amend SB 1232 on third reading as follows:
(1) In SECTION 1.06 of the bill, in added Section 43.062, Education Code, strike Subsection (c) and substitute the following appropriately lettered subsection:
(____) The Department of Information Resources shall assist the corporation at the request of the corporation and must consider the corporation a customer of the department. Notwithstanding any other law, the corporation may:
(1) purchase any item through the department; and
(2) contract with the department for and use any service available through the department.
(2) Add the following appropriately numbered SECTION to Article 1 of the bill and renumber subsequent SECTIONS of the article accordingly:
SECTION 1.____. Section 2157.068(j), Government Code, is amended to read as follows:
(j) The following entities may purchase commodity items through the department, and be charged a reasonable administrative fee, as provided by this section:
(1) the Electric Reliability Council of Texas;
(2) the Lower Colorado River Authority;
(3) a private school, as defined by Section 5.001, Education Code;
(4) a private or independent institution of higher education, as defined by Section 61.003, Education Code;
(5) a volunteer fire department, as defined by Section 152.001, Tax Code;
(6) subject to Section 418.193, a public safety entity, as defined by 47 U.S.C. Section 1401; [or]
(7) subject to Section 418.193, a county hospital, public hospital, or hospital district; or
(8) the Texas Permanent School Fund Corporation, if incorporated under Section 43.052, Education Code.
Amendment No. 1 was adopted.
SB 1232, as amended, was passed by (Record 1508): 140 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; 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; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; 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 — Allen; Beckley; Biedermann; Cason; Rose.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Gates; Morales Shaw; Pacheco.
STATEMENTS OF VOTE
When Record No. 1508 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 1508 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 1508 was taken, my vote failed to register. I would have voted no.
Morales Shaw
SB 1365 ON THIRD 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.
SB 1365 - REMARKS
REPRESENTATIVE HUBERTY: SB 1365 relates to the organization's accountability and the management. We talked about this yesterday, specifically relating to the fixes to the accountability system and improvements to the accountability system that we voted on last night.
REPRESENTATIVE WU: I really appreciate all the work. I know you've probably lost a lot of sleep working on this bill, and I really appreciate it. You know, I was a hard no on this bill when it first came out. And I think, just listening to you last night, I think maybe my mind is changed on it. I do have one question that I wanted to ask you last time, but because of the rush, I didn't get to. Is there anything in this bill that is retroactive or backward looking?
HUBERTY: No.
WU: Is there anything in this bill that would tamper with ongoing litigation or existing fights with the DA and school districts?
HUBERTY: No.
(Harris in the chair)
REPRESENTATIVE M. GONZÁLEZ: Thank you so much for doing all the work that you all have done on this bill. I know it's been a team effort. As you know, you have really changed the bill a lot from what it came over from the senate. Have you talked to folks about conference and your plans if the senate doesn't concur? Have you had conversations or what are your conversations regarding conference and concurring once this bill leaves this chamber?
HUBERTY: Yes, thank you, Representative. Our goal is to protect the work that has been done and agreed to by this body. My goal is that we don't have to go to conference. I've had conversations with Senator Bettencourt and we've gone through this to continue our conversations, but my goal is that we hope that the senate will accept the bill as it comes over and concur.
M. GONZÁLEZ: So we don't have a guarantee from the senate that they are going to concur?
HUBERTY: I don't think the senate ever guarantees anything, but my hope is that they understand the work that's been put into this. The groups that have worked on this with us have been in conversations with them as well. I've had some very good conversations with, as you know, Commissioner Morath and he's been working with us collaboratively and all the groups—TASA, TASB, TSA—and everybody that's been a part of that, having those conversations. I spoke to Senator Bettencourt this morning specifically about that. He just wants an outline of what's in there, and specifically, it has some questions. He knows that it's a good bill that we've provided back to him, so my hope is that Senator Bettencourt will be very supportive of us as we move forward.
M. GONZÁLEZ: I just think it's really important that if they don't concur that we maintain the changes that you've made because I think that's a lot of promises that were made to members, and I appreciate you. And I agree with you––you can never get a guarantee sometimes with the senate––so, yes.
HUBERTY: Well, but my guarantee to you is that we're going to maintain the work that we've done here collaboratively with everybody here in this body.
REPRESENTATIVE BERNAL: Very quickly, Chairman Huberty, I just want to go through a few things to make sure that we get it on record and the body understands. The first is with regard to the changes that you were just talking about with Representative González. A lot of people are curious about the fate of what was known as the Hinojosa amendment, regarding the powers of the TEA commissioner. Is that in this version of the bill?
HUBERTY: Yes, sir. It is.
BERNAL: Okay, and can you explain very quickly, very briefly, what that does?
HUBERTY: Yes. Representative Hinojosa and Representative Turner had come to us earlier in the week having some concerns about a very specific portion of the language where they believed that it created the opportunity to give unlimited—or potentially the view of unlimited––control on takeovers by the commissioner of education. As a result of that, we struck that language and just cited Section 39(a) of the Education Code that is prescriptive as to what you can and can't do. I believe, however, that one of the other things we agreed to do as we went forward during the interim is that we would go through and create kind of a, sort of like the Penal Code does––if you do this, what is the implication associated with that? I think that that's a good idea, and that's something we can work on. And so as we come back, whether it's in a special later on or if it's––well, certainly, during a special we'll be here––but in a regular session, that could be something that's worked on during the interim and understand what the impact of those things would be.
BERNAL: Right. Thank you for that. Just to be clear, if this bill passes, relative to today, won't it be harder for TEA to assign a conservator to an individual campus?
HUBERTY: Yes, a conservator. Yes.
BERNAL: And if this bill passes, relative to today, won't it be harder for TEA to take over a school district?
HUBERTY: Yes.
BERNAL: To assign a board of managers?
HUBERTY: Absolutely, because of the provisions that Representatives King and Allison worked on, specifically on the due process, where we created the hearings and so and then we also created the additional appealable process specifically with the district courts. By the way, something that Chairman King pushed for and Representative Allen pushed for is that now those appeals will be heard in their home districts.
BERNAL: That's right. And then my last question is, there's been a lot of talk about multiple D's and multiple F's that a campus can receive. Can you explain to the body––this is my last question––can you explain to the body what happens when a campus gets a C? So if they're D, D, C or D, F, C or F, F, C––what happens when the C happens?
HUBERTY: Yes, so two things. As you know, in the summer of 2020, the commissioner had come to me and asked specifically about creating a rule on this D/F, and we told him no. We told him no as a committee. We briefed the committee. We said no, we want to deal with this legislatively. So we've improved it. Now you have two D's in a row before there are any sanctions. And then if you get up to five D's, you have a process to work with. That's something that Representative VanDeaver, Representative Bell, and Representative Buckley worked on during this process. So we made it harder for them to be able to do it but to be able to create an opportunity to rectify that themselves. And as you know, what's happening over in the senate right now is they're working on HB 1525, and they're taking your bill—which is HB 220—that actually lets you reconstitute a school within their district without turning it over to a charter or anybody else associated with that. And so we fixed that. And your specific question on the C is that if you have a D, D, whatever it is, or an F or whatever, it goes through the process. You go to a C, you come out of sanctions immediately.
BERNAL: Right. So if you get a C, it completely resets.
HUBERTY: Resets the clock.
BERNAL: That is the new day.
HUBERTY: That is correct. Members, thank you for the opportunity to get this passed. I think this is important as we go forward. I want to thank Representative Bell, Representatives Buckley, VanDeaver, and Bernal, Chairman Dutton, all the members of the committee, Representative Allison and Representative King, all who worked really hard collaboratively to get this passed.
REMARKS ORDERED PRINTED
Representative Beckley moved to print all remarks on SB 1365.
The motion prevailed.
SB 1365 was passed by (Record 1509): 111 Yeas, 34 Nays, 2 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Harless; Hefner; Hinojosa; Holland; Howard; Huberty; Hull; Israel; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Rodriguez; Rogers; Romero; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.
Nays — Allen; Beckley; Cole; Collier; Cortez; Crockett; Davis; Dominguez; Fierro; González, J.; González, M.; Guillen; Hernandez; Herrero; Hunter; Johnson, A.; Johnson, J.D.; King, T.; Longoria; Martinez Fischer; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Pacheco; Perez; Ramos; Raymond; Reynolds; Rose; Sherman; Walle.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Bowers; Ellzey.
STATEMENTS OF VOTE
When Record No. 1509 was taken, my vote failed to register. I would have voted no.
Bowers
When Record No. 1509 was taken, I was in the house but away from my desk. I would have voted yes.
Ellzey
When Record No. 1509 was taken, I was shown voting yes. I intended to vote no.
Lozano
When Record No. 1509 was taken, I was shown voting no. I intended to vote yes.
E. Morales
When Record No. 1509 was taken, I was shown voting yes. I intended to vote no.
Rodriguez
SB 14 ON THIRD READING
(P. King, Paddie, Metcalf, Burrows, Lucio, et al. - House Sponsors)
SB 14, A bill to be entitled An Act relating to the regulation by a municipality or county of certain employment benefits and policies.
Amendment No. 1
Representative Bowers offered the following amendment to SB 14:
Amend SB 14 on third reading, as amended by Amendment No. 15 by Bowers adding a subdivision to added Section 81.002(c), Labor Code, by striking in that subdivision "hair style, hair texture, or hair type" and substituting "hair texture or a protective hair style, including braids, locs, and twists, commonly or historically associated with race".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Capriglione offered the following amendment to SB 14:
Amend SB 14 on third reading as follows:
(1) In the SECTION of the bill containing the transition language, strike "Chapter 83, Labor Code, as added by this Act, applies" and substitute "The changes in law made by this Act apply".
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Title 2, Occupations Code, is amended by adding Chapter 60 to read as follows:
CHAPTER 60. PREEMPTION
Sec. 60.001. PREEMPTION OF LOCAL LICENSING AND REGISTRATION REQUIREMENTS. (a) Notwithstanding any other law, if a person is required to possess an occupational license issued by a state licensing authority to engage in an occupation, a municipality or county may not adopt or enforce an ordinance, order, rule, regulation, or policy that requires the person to possess an occupational license or registration issued by the municipality or county to engage in that occupation.
(b) Any provision of an ordinance, order, rule, regulation, or policy that violates Subsection (a) is void and unenforceable.
Amendment No. 2 was withdrawn.
SB 14, as amended, was passed by (Record 1510): 94 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Collier; Cook; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guillen; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Lucio; Martinez; Metcalf; Meyer; Middleton; Moody; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Cole; Cortez; Crockett; Davis; Dominguez; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Longoria; Lopez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Neave; Ordaz Perez; Ortega; Pacheco; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Bailes.
STATEMENTS OF VOTE
When Record No. 1510 was taken, my vote failed to register. I would have voted yes.
Bailes
When Record No. 1510 was taken, I was shown voting no. I intended to vote yes.
Bowers
When Record No. 1510 was taken, I was shown voting yes. I intended to vote no.
Collier
When Record No. 1510 was taken, I was shown voting yes. I intended to vote no.
Perez
SB 14 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Hernandez moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Lambert as a house sponsor to SB 14.
The motion prevailed.
SB 500 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Frank moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Collier as a house sponsor to SB 500.
The motion prevailed.
SB 321 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Bonnen moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Murphy and Gervin-Hawkins as house sponsors to SB 321.
The motion prevailed.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 1281 ON THIRD READING
(P. King - House Sponsor)
SB 1281, A bill to be entitled An Act relating to a reliability assessment of the ERCOT power grid and certificates of public convenience and necessity for certain transmission projects.
SB 1281 was passed by (Record 1511): 142 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Hinojosa.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Fierro; Johnson, A.; Johnson, J.D.; Rose.
STATEMENTS OF VOTE
When Record No. 1511 was taken, I was shown voting yes. I intended to vote no.
Button
When Record No. 1511 was taken, I was shown voting no. I intended to vote yes.
Hinojosa
When Record No. 1511 was taken, my vote failed to register. I would have voted yes.
A. Johnson
When Record No. 1511 was taken, I was shown voting yes. I intended to vote no.
Ramos
When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
SB 2185 ON THIRD READING
(Canales - House Sponsor)
SB 2185, A bill to be entitled An Act relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3.
Amendment No. 1
Representative Canales offered the following amendment to SB 2185:
Amend SB 2185 on third reading as follows:
(1) In SECTION 6(a), as added by Amendment No. 1 by Canales, strike "reporters" and substitute "reports".
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter H, Chapter 49, Water Code, is amended by adding Section 49.2127 to read as follows:
Sec. 49.2127. PIPELINE FEES AND REQUIREMENTS IMPOSED BY CERTAIN DISTRICTS. (a) In this section, "retail public utility" has the meaning assigned by Section 13.002.
(b) This section applies only to a district whose territory is located wholly or partly in a county:
(1) located on the Gulf of Mexico and an international border; or
(2) adjacent to a county described by Subdivision (1).
(c) Notwithstanding Section 49.002, this section prevails over a special law governing a district.
(d) A district may not impose on a retail public utility that proposes to construct a water or sewer pipeline or associated infrastructure in the district's service area:
(1) requirements for constructing the pipeline that are unduly burdensome; or
(2) a fee that is greater than the actual, reasonable, and documented costs incurred by the district for review, legal services, engineering services, inspection, construction, and repair associated with the retail public utility construction, and any other related costs incurred by the district in association with the retail public utility construction.
SECTION ____. CONDUCT OF ELECTIONS. The district shall publish once before each election to elect members of the board of directors of the district the procedure for conducting an election to elect members of the board of directors of the district in a newspaper of general circulation in each municipality or county in which the district or a portion of the district is located.
Amendment No. 1 was adopted.
SB 2185, as amended, was passed by (Record 1512): 144 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; 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.
Nays — Holland.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Fierro; Johnson, A.
STATEMENTS OF VOTE
When Record No. 1512 was taken, I was shown voting no. I intended to vote yes.
Holland
When Record No. 1512 was taken, my vote failed to register. I would have voted yes.
A. Johnson
SB 576 ON THIRD READING
(Lozano - House Sponsor)
SB 576, A bill to be entitled An Act relating to the prosecution and punishment of the offense of smuggling of persons.
SB 576 was passed by (Record 1513): 137 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; 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; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; 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; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu.
Nays — Crockett; Lopez; Spiller.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Bernal; Dominguez; Fierro; Meza; Morales Shaw; Turner, C.; Zwiener.
STATEMENTS OF VOTE
When Record No. 1513 was taken, I was shown voting yes. I intended to vote no.
A. Johnson
When Record No. 1513 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
SB 452 ON THIRD READING
(Rose - House Sponsor)
SB 452, A bill to be entitled An Act relating to prevention and early intervention programs and practices.
SB 452 was passed by (Record 1514): 95 Yeas, 48 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bernal; Biedermann; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Buckley; Burns; Cain; Capriglione; Cason; Craddick; Cyrier; Gates; Goldman; Harless; Hefner; Holland; Hull; King, P.; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Vasut.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Bonnen; Cook; Fierro; Klick.
STATEMENTS OF VOTE
When Record No. 1514 was taken, I was shown voting yes. I intended to vote no.
Bailes
When Record No. 1514 was taken, my vote failed to register. I would have voted no.
Bonnen
When Record No. 1514 was taken, I was shown voting yes. I intended to vote no.
Ellzey
When Record No. 1514 was taken, I was shown voting yes. I intended to vote no.
Wilson
SB 36 ON THIRD READING
(C. Turner - House Sponsor)
SB 36, A bill to be entitled An Act relating to the offense of hazing.
SB 36 was passed by (Record 1515): 97 Yeas, 49 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Beckley; Bell, K.; Bernal; Bowers; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Bailes; Bell, C.; Biedermann; Bonnen; Buckley; Cain; Capriglione; Cason; Cook; Cyrier; Darby; Frank; Gates; Geren; Goldman; Hefner; Holland; Hull; Jetton; King, K.; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tinderholt; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Fierro.
STATEMENTS OF VOTE
When Record No. 1515 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1515 was taken, I was shown voting no. I intended to vote yes.
Bailes
SB 1716 ON THIRD READING
(Bonnen and Dutton - House Sponsors)
SB 1716, A bill to be entitled An Act relating to a supplemental special education services and instructional materials program for certain public school students receiving special education services.
Amendment No. 1
Representative VanDeaver offered the following amendment to SB 1716:
Amend SB 1716 on third reading as follows:
(1) In SECTION 1 of the bill, strike added Section 29.048, Education Code, as added by Amendment No. 1 by Van Deaver and substitute the following:
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES. (a) A student's admission, review, and dismissal committee shall develop a student's individualized education program under Section 29.005, in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), without consideration of any supplemental special education services that may be provided under the program under this subchapter.
(b) The admission, review, and dismissal committee of a student approved for participation in the program shall provide to the student's parent at an admission, review, and dismissal committee meeting for the student:
(1) information regarding the types of supplemental special education services available under the program and provided by agency-approved providers for which an account maintained under Section 29.042(b) for the student may be used; and
(2) instructions regarding accessing an account described by Subdivision (1).
Amendment No. 1 was adopted.
SB 1716, as amended, was passed by (Record 1516): 116 Yeas, 26 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Davis; Dean; Deshotel; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Holland; Howard; Huberty; Hull; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Moody; Morales, E.; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Vasut; Vo; Walle; White; Wilson.
Nays — Anchia; Ashby; Bucy; Collier; Crockett; Cyrier; Darby; Dominguez; González, J.; Hinojosa; Israel; Johnson, A.; Lopez; Metcalf; Morales, C.; Neave; Ortega; Romero; Rose; Slaton; Swanson; Talarico; Tinderholt; Turner, J.; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Bailes; Fierro; Herrero; Morales Shaw; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1516 was taken, I was in the house but away from my desk. I would have voted yes.
Bailes
When Record No. 1516 was taken, I was shown voting yes. I intended to vote no.
Cason
When Record No. 1516 was taken, I was shown voting no. I intended to vote yes.
Dominguez
When Record No. 1516 was taken, I was shown voting no. I intended to vote yes.
Metcalf
When Record No. 1516 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1516 was taken, I was in the house but away from my desk. I would have voted yes.
VanDeaver
SB 1888 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Murphy moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Deshotel as a house sponsor to SB 1888.
The motion prevailed.
SB 1888 ON THIRD READING
(Parker - House Sponsor)
SB 1888, A bill to be entitled An Act relating to the establishment of certain programs to facilitate early high school graduation and enrollment at public institutions of higher education and to the repeal of the Early High School Graduation Scholarship program.
SB 1888 was passed by (Record 1517): 140 Yeas, 3 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; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; 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; 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; Vo; Walle; White; Wu; Zwiener.
Nays — Cain; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Coleman.
Absent — Cook; Fierro; Pacheco; Patterson.
STATEMENTS OF VOTE
When Record No. 1517 was taken, I was in the house but away from my desk. I would have voted yes.
Cook
When Record No. 1517 was taken, my vote failed to register. I would have voted yes.
Patterson
(Speaker in the chair)
SB 1936 ON THIRD READING
(Cook and Swanson - House Sponsors)
SB 1936, A bill to be entitled An Act relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship.
SB 1936 - REMARKS
REPRESENTATIVE RAMOS: We both served in Juvenile Justice and Family Issues, and there were similar bills that discussed conservatorship. And could you explain to the body what exactly your bill does? You said noncustodial and custodial. For those of us in here who are not family law attorneys, what does that mean?
REPRESENTATIVE COOK: So a noncustodial parent, obviously, is the parent that does not have custody. And so the presumption is that a noncustodial parent will have a standard possession order. And currently under Texas law, the noncustodial parent has the option to opt in to certain expanded periods of possession. This bill makes it to where it's a opt-out as opposed to opting in.
RAMOS: So if I am, let's say, in a situation where––many times it's the father—I get to have the child, as we know, every other weekend, right? First, third, and fifth weekend of the month–-typically, it could be Friday to Sunday night. What does this bill do regarding that visitation schedule that we, pretty much, is what we call standard? You're saying here that that's the default, but what your bill is going to do is make the extended standard default, correct?
COOK: Yes, exactly.
RAMOS: And the extended standard visitation schedule looks like what?
COOK: As you said, first, third, and fifth weekends. Usually, it's 6 p.m. on Friday evening till Sunday at 6 p.m. and Thursday evening 6-8 p.m. This bill would make it to where a noncustodial parent would be able to pick their child up from school and return to school.
RAMOS: And that would just be the default and the parent would have to opt out of that. So it allows them to spend more time with their child on those alternative weekends.
COOK: Absolutely.
RAMOS: Well, as a family law practitioner, I think this is wonderful that the parents are provided an option here to opt out if they want fewer weekends. I know that there is a lot of miscommunication or misunderstanding when parents are not able to exercise or don't want to exercise more visitation or possession. And unfortunately, there have been some threats to, you know, go to a separate bill when it comes to more, 50/50, and all of that stuff. We had a hearing in JJFI where a lot of people testified they wanted more. But there was, let's say––in the best interest of the child. That's what a family law attorney looks at, right? And a judge––the best interest of the child?
COOK: Correct.
RAMOS: And your bill here is really addressing the best interest of the child so that they can spend more time with that parent, either mother or father.
COOK: That's correct.
RAMOS: And many times the best interest of the child is not one night, one house; one night, the other; one night, the next; one night, the next. This allows for a child to have consistency and regularity in their schedule but also allows them to spend valuable time with the other parent, correct?
COOK: I believe that's correct as well.
RAMOS: Well, I think this is a wonderful bill. I think it's very good for family law for families in Texas.
Amendment No. 1
Representatives Middleton and Raymond offered the following amendment to SB 1936:
Amend SB 1936 (senate engrossed printing) on third reading as follows:
(1) On page 1, between lines 17 and 18, insert the following subsection:
(a-1) If a court appoints the parents joint managing conservators under Section 153.134, and each conservator resides not more than 50 miles from the primary residence of the child, a court shall first consider an order that provides that each conservator has the right to equal possession of the child under a schedule specified by the court or a schedule agreed to by both conservators. If a court finds that equal possession of the child is not in the best interest of child, the court may enter an altered standard possession order under Subsection (a), and shall make written findings of the reasons equal possession of the child is not in the best interest of the child available to each party.
(2) On page 1, line 18, strike "Subsection (a)" and substitute "Subsections (a) and (a-1)".
Amendment No. 1 - Point of Order
Representative Anchia raised a point of order against further consideration of Amendment No. 1 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. 1 was withdrawn.
SB 1936 was passed by (Record 1518): 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.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; 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 — Klick.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Morales Shaw; Rogers; Slawson.
STATEMENTS OF VOTE
When Record No. 1518 was taken, I was shown voting no. I intended to vote yes.
Klick
When Record No. 1518 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1518 was taken, I was in the house but away from my desk. I would have voted yes.
Rogers
When Record No. 1518 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
SB 1921 ON THIRD READING
(Guillen - House Sponsor)
SB 1921, A bill to be entitled An Act relating to Medicaid reimbursement for the provision of certain behavioral health and physical health services.
SB 1921 was passed by (Record 1519): 96 Yeas, 50 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Beckley; Bernal; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Cain; Capriglione; Cason; Cook; Cyrier; Ellzey; Gates; Goldman; Harris; Hefner; Holland; Hull; Jetton; Klick; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Oliverson; Parker; Patterson; Paul; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — King, P.; Rogers.
STATEMENTS OF VOTE
When Record No. 1519 was taken, my vote failed to register. I would have voted no.
P. King
When Record No. 1519 was taken, I was in the house but away from my desk. I would have voted no.
Rogers
SB 2081 ON THIRD READING
(Talarico - House Sponsor)
SB 2081, A bill to be entitled An Act relating to class size limits for prekindergarten classes provided by or on behalf of public schools.
SB 2081 was passed by (Record 1520): 87 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bell, K.; Bernal; Bowers; Buckley; Bucy; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, T.; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Biedermann; Bonnen; Burns; Burrows; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Hull; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Morrison; Murr; Noble; Oliverson; Parker; Patterson; Paul; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Spiller; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
STATEMENT OF VOTE
When Record No. 1520 was taken, I was shown voting yes. I intended to vote no.
Stucky
SB 248 ON THIRD READING
(Thierry - House Sponsor)
SB 248, A bill to be entitled An Act relating to the sale of cigarettes, tobacco products, and e-cigarettes; requiring occupational permits; imposing fees; providing civil and administrative penalties; creating criminal offenses.
SB 248 was passed by (Record 1521): 97 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Beckley; Bell, K.; Bernal; Bowers; Bucy; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Crockett; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Sherman; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Cason; Cook; Craddick; Cyrier; Darby; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Hull; King, P.; Klick; Krause; Landgraf; Leach; Leman; Metcalf; Middleton; Morrison; Murr; Oliverson; Parker; Patterson; Paul; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
STATEMENTS OF VOTE
When Record No. 1521 was taken, I was shown voting no. I intended to vote yes.
Bailes
When Record No. 1521 was taken, I was shown voting no. I intended to vote yes.
Craddick
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Stucky
SB 1495 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Meyer, Minjarez, Rose, and Sanford as house sponsors to SB 1495.
The motion prevailed.
SB 1495 ON THIRD READING
(J. Turner - House Sponsor)
SB 1495, A bill to be entitled An Act relating to certain criminal offenses related to highways and motor vehicles; creating a criminal offense; increasing a criminal penalty.
SB 1495 was passed by (Record 1522): 136 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; 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.; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Harris; Krause; Leman; Middleton; Oliverson; Schaefer; Slaton; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Klick.
STATEMENTS OF VOTE
When Record No. 1522 was taken, I was shown voting no. I intended to vote yes.
Middleton
When Record No. 1522 was taken, I was shown voting yes. I intended to vote no.
Slawson
SB 1696 ON THIRD READING
(Wilson - House Sponsor)
SB 1696, A bill to be entitled An Act relating to establishing a system for the sharing of information regarding cyber attacks or other cybersecurity incidents occurring in schools in this state.
SB 1696 was passed by (Record 1523): 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.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Klick; Meza.
SB 968 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Klick moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Button as a house sponsor to SB 968.
The motion prevailed.
SB 2050 ON THIRD READING
(Allison and Meza - House Sponsors)
SB 2050, A bill to be entitled An Act relating to bullying and cyberbullying in public schools.
SB 2050 was passed by (Record 1524): 105 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Biedermann; Bonnen; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Dean; Frank; Gates; Goldman; Harris; Hefner; Hull; King, P.; Krause; Landgraf; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Paul; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Swanson; Tinderholt; Toth; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Schofield.
SB 1418 ON THIRD READING
(Wilson - House Sponsor)
SB 1418, A bill to be entitled An Act relating to the compensation of the presiding judge of an early ballot voting board.
Amendment No. 1
Representative Schofield offered the following amendment to SB 1418:
Amend SB 1418 on third reading by inserting the following and renumber subsequent sections accordingly:
SECTION ____. Section 85.0311, Election Code, is amended to read as follows:
Sec. 85.0311. DEPUTY EARLY VOTING CLERK TO SIGN BALLOTS. (a) The deputy early voting clerk's signature or initials shall be placed on the back of each ballot to be used at the polling place where the deputy early voting clerk accepts voters voting by personal appearance.
(b) The deputy early voting clerk at a polling place shall enter the signature or initials of the deputy early voting clerk on each ballot [or a deputy early voting clerk shall stamp a facsimile of the initials on each ballot].
(c) The signing of ballots under this section need not be completed before the polls open, but an unsigned ballot may not be made available for selection by a voter.
(d) The duties of a deputy early voting clerk and the placement of a signature or initials required by this section may not be satisfied using automation of any type.
(e) The secretary of state may not adopt a rule modifying or waiving the requirements of this section.
SECTION 2. Subchapter A, Chapter 213, Election Code, is amended by adding Section 213.017 to read as follows:
Sec. 213.017. RECOUNT OF CERTAIN BALLOTS. During a recount, ballots that do not comply with the requirements of Section 85.0311 shall be counted separately.
Amendment No. 1 - Point of Order
Representative Beckley raised a point of order against further consideration of Amendment No. 1 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. 1 was withdrawn.
SB 1418 was passed by (Record 1525): 140 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; Campos; Canales; 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.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; 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; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; 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.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Cain; Dean; Israel; Morrison; Pacheco; Perez; Tinderholt; Vasut.
STATEMENTS OF VOTE
When Record No. 1525 was taken, my vote failed to register. I would have voted yes.
Cain
When Record No. 1525 was taken, I was in the house but away from my desk. I would have voted yes.
Vasut
SB 969 ON THIRD READING
(Klick - House Sponsor)
SB 969, A bill to be entitled An Act relating to reporting procedures for and information concerning public health disasters and to certain public health studies; providing a civil penalty.
Amendment No. 1
Representative Klick offered the following amendment to SB 969:
Amend SB 969 on third reading as follows:
(1) On page 4, lines 21 and 22, strike "December 1, 2021" and substitute "September 1, 2022".
(2) On page 5, line 7, strike "December 1, 2021" and substitute "September 1, 2022".
(3) On page 5, line 16, between "with" and "local", insert "regional advisory councils,".
(4) On page 5, line 20, strike "December 1, 2021" and substitute "September 1, 2022".
Amendment No. 1 was adopted.
SB 969, as amended, was passed by (Record 1526): 142 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Cain; Schaefer; Slaton; Vasut.
Present, not voting — Mr. Speaker(C); Tinderholt.
Absent, Excused — Coleman.
Absent — Johnson, J.D.
STATEMENT OF VOTE
When Record No. 1526 was taken, I was shown voting present, not voting. I intended to vote no.
Tinderholt
SB 984 ON THIRD READING
(Klick - House Sponsor)
SB 984, A bill to be entitled An Act relating to public health disaster and public health emergency preparedness and response, including the operation of the Task Force on Infectious Disease Preparedness and Response.
SB 984 was passed by (Record 1527): 144 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Cason; Schaefer; Slaton.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Johnson, J.D.
SB 967 ON THIRD READING
(Klick - House Sponsor)
SB 967, A bill to be entitled An Act relating to the expiration and extension of certain public health orders issued by a health authority.
Amendment No. 1
Representative Klick offered the following amendment to SB 967:
Amend SB 967 on third reading in added Section 121.026(b), Health and Safety Code, by striking "eighth" in each instance that it appears and substituting "15th".
Amendment No. 1 was adopted.
SB 967, as amended, was passed by (Record 1528): 143 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; 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.
Nays — Hinojosa; Howard; Morales Shaw; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Johnson, J.D.
SB 1059 ON THIRD READING
(Klick - House Sponsor)
SB 1059, A bill to be entitled An Act relating to the process for determining the Medicaid eligibility of certain former foster care youth.
SB 1059 was passed by (Record 1529): 137 Yeas, 10 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.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Cason; Middleton; Murr; Schofield; Slaton; Slawson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Johnson, J.D.
STATEMENT OF VOTE
When Record No. 1529 was taken, I was shown voting yes. I intended to vote no.
Patterson
SB 507 ON THIRD READING
(Anderson - House Sponsor)
SB 507, A bill to be entitled An Act relating to an accommodation process authorizing the use of state highway rights-of-way by broadband-only providers.
SB 507 was passed by (Record 1530): 148 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
SB 68 ON THIRD READING
(Reynolds, White, S. Thompson, Coleman, and Crockett - House Sponsors)
SB 68, A bill to be entitled An Act relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force.
Amendment No. 1
Representative Krause offered the following amendment to SB 68:
Amend SB 68 on third reading as follows:
(1) Strike the SECTION of the bill amending Sections 37.09(c) and (d), Penal Code.
(2) Strike the SECTION of the bill adding transition language applicable to Section 37.09, Penal Code.
Amendment No. 1 was adopted.
SB 68, as amended, was passed by (Record 1531): 130 Yeas, 16 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.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Smithee; Spiller; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Cason; Harris; Hefner; Leman; Murr; Patterson; Schaefer; Slaton; Slawson; Smith; Stephenson; Swanson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Holland; Middleton.
STATEMENTS OF VOTE
When Record No. 1531 was taken, my vote failed to register. I would have voted yes.
Holland
When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.
Landgraf
When Record No. 1531 was taken, I was shown voting no. I intended to vote yes.
Vasut
REMARKS ORDERED PRINTED
Representative Beckley moved to print remarks between Representative Cook and Representative Ramos on SB 1936.
The motion prevailed.
SB 598 ON THIRD READING
(Jetton - House Sponsor)
SB 598, A bill to be entitled An Act relating to auditable voting systems.
Amendment No. 1
Representative Jetton offered the following amendment to SB 598:
Amend SB 598 on third reading as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 121.003, Election Code, is amended by adding Subdivision (14) to read as follows:
(14) "Auditable voting system" means a voting system that:
(A) uses, creates, or displays a paper record that may be read by the voter and that is deposited by the voter into a secure ballot box; and
(B) is not capable of being connected to the Internet or any other computer network or electronic device.
SECTION ____. Subchapter H, Chapter 127, Election Code, is amended by adding Section 127.2015 to read as follows:
Sec. 127.2015. PARTIAL COUNT OF AUDITABLE VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN. (a) In this section, "ballot box" means all ballot boxes used for the deposit of voters' marked ballots at a polling place or early voting polling place, whether one or multiple physical ballot boxes were used.
(b) Notwithstanding Section 127.201, not later than 24 hours after all ballots have been counted in an election, the general custodian of election records in each county shall conduct by hand a partial count of ballots cast for a selected number of ballot boxes. Each ballot box selected must be from a polling place in which an auditable voting system was used, and the number of ballot boxes selected for the partial count shall be the greater of:
(1) two; or
(2) 10 percent of the number of ballot boxes used in the election, rounded up to the nearest even number.
(c) Not later than 18 hours after the completion of the initial counting or tabulation of election results and with not less than six hours' notice given to each participant, the general custodian of election records shall conduct a telephone conference call with the following persons:
(1) the general custodian;
(2) the county chair of the political party who received the most votes in the county in the most recently preceding gubernatorial election, or the chair's designee;
(3) the county chair of the political party who received the second most votes in the county in the most recently preceding gubernatorial election, or the chair's designee;
(4) up to three additional persons selected by each person participating under Subdivisions (2) and (3); and
(5) if a person described by Subdivision (2) or (3) does not attend, a person appointed by the state chair of the person's party to replace that person and up to three additional persons appointed by the state chair to replace the persons described by Subdivision (4).
(d) During the conference call under Subsection (c), the general custodian of election records shall allow each party chair or party chair's representative to select ballot boxes to be subject to a partial count conducted under this section. The chairs shall alternate selections, beginning with the chair of the party that received the most votes in the county in the most recently preceding gubernatorial election, until the number of ballot boxes selected for the partial count has satisfied the requirement of Subsection (b).
(d-1) If a party leader or representative fails to attend the conference call as required under Subsection (c), the secretary of state shall select ballot boxes for the partial count at random on the party's behalf.
(e) The general custodian of election records shall complete the partial count not later than 24 hours before the time for conducting the canvass of the election.
(f) The general custodian of election records shall post a notice of the date, hour, and place of the partial count in the custodian's office and on the county's Internet website, if the county maintains a website, at least 18 hours before beginning the count and shall post the results of the count in the same manner immediately after the conclusion of the count. The notice must identify the ballot boxes chosen for the count.
(g) A watcher may be present at all stages of the partial count if appointed by a candidate in the election from the moment a ballot box is taken from its place of storage until the count is completed and all ballot boxes examined in the count are returned to the place of storage. A watcher must deliver a certificate of appointment to the general custodian of election records at the time the watcher reports for service. The certificate must be in writing and must include:
(1) the printed name and signature of the watcher;
(2) the election subject to the partial count; and
(3) the printed name and signature of the candidate making the appointment.
(h) The secretary of state may appoint personnel to assist with the partial count, including applicable voting system technicians or representatives and persons who have assisted with the design and implementation of the count.
(i) If a partial count conducted under this section reveals a disparity of more than 0.25 percent between the initial reported outcome of an election at a polling place and the results determined by the partial count, notwithstanding any other law, an automatic recount under Chapter 216 must be conducted in the county for the election in which the disparity is identified. The recount shall be a manual recount by hand of paper records in accordance with Subchapter A, Chapter 214. All candidates in the election and the county chair of any political party in the county must be notified by the general custodian of election records.
(j) The secretary of state may not waive any requirements of this section.
(4) On page 3, lines 21 through 26, strike added Subsection 129.003(a), Election Code, and reletter subsequent subsections of Section 129.003, Election Code, and cross-references to those subsections accordingly.
Amendment No. 1 was withdrawn.
SB 598 was passed by (Record 1532): 136 Yeas, 8 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Rodriguez; Rogers; Romero; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Collier; Crockett; Morales Shaw; Muñoz; Ramos; Reynolds; Rose; Sherman.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Bowers; Cain; Lozano; Thierry.
STATEMENTS OF VOTE
When Record No. 1532 was taken, my vote failed to register. I would have voted yes.
Bowers
When Record No. 1532 was taken, my vote failed to register. I would have voted yes.
Cain
When Record No. 1532 was taken, I was shown voting no. I intended to vote yes.
Morales Shaw
When Record No. 1532 was taken, I was shown voting no. I intended to vote yes.
Muñoz
When Record No. 1532 was taken, I was shown voting no. I intended to vote yes.
Ramos
When Record No. 1532 was taken, I was shown voting no. I intended to vote yes.
Rose
SB 500 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Frank moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Thierry as a house sponsor to SB 500.
The motion prevailed.
SB 68 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative White moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Collier and Thierry as house sponsors to SB 68.
The motion prevailed.
SB 617 ON THIRD READING
(Wilson - House Sponsor)
SB 617, A bill to be entitled An Act relating to the regulation of certain direct sales of food to consumers and a limitation on the fee amount for certain permits.
Amendment No. 1
Representatives Frank, Schofield, and M. González offered the following amendment to SB 617:
Amend SB 617 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 433.003, Health and Safety Code, is amended by amending Subdivisions (1), (20), and (21) and adding Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a) to read as follows:
(1) "Advertising" has the meaning assigned by Section 431.002.
(1-a) "Analogue product" means a food product derived by combining processed plant products, insects, or fungus with additives to approximate the texture, flavor, appearance, or other aesthetic qualities or the chemical characteristics of any specific type of meat, meat food product, poultry, or poultry product.
(1-b) "Animal food manufacturer" means a person in the business of manufacturing or processing animal food any part of which is derived from a carcass, or a part or product of a carcass, of livestock.
(1-c) "Beef" means any edible portion of a formerly live and whole cattle carcass. The term includes any commonly understood variation or abbreviation of the term. The term does not include a cell-cultured, plant-based, or insect-based food product.
(2-a) "Cell-cultured product" means a food product derived by engineering muscle tissue fibers from animal cells in a laboratory or similar setting.
(11-a) "Meat" means the part of the muscle of cattle, sheep, swine, or goats that is skeletal or is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, including bone-in products, skin, sinew, nerve, and blood vessels that normally accompany the muscle tissue and that are not separated from it in the process of dressing. The term has a comparable meaning as applied to equine food products. The term does not include:
(A) muscle found in the lips, snout, or ears;
(B) animal tissue containing significant portions of bone, including hard bone and related components, such as bone marrow, or any amount of brain, trigeminal ganglia, spinal cord, or dorsal root ganglia; or
(C) cell-cultured, plant-based, or insect-based food products.
(13-a) "Misleading" means the use of a false or deceptive oral or written statement, advertisement, label, display, picture, illustration, or sample.
(19-a) "Pork" means any edible portion of a formerly live and whole swine carcass. The term includes any commonly understood variation or abbreviation of the term. The term does not include a cell-cultured, plant-based, or insect-based food product.
(20) "Poultry" means any [a] live or dead domesticated bird, including chickens, turkeys, ducks, geese, guineas, ratites, or squabs.
(21) "Poultry product" means any [a] poultry carcass, part of a poultry carcass, or [a] product [any part of which is] made wholly or partly from a poultry carcass or part of a poultry carcass. Unless the context requires otherwise, the term includes only articles capable of use as human food. The term does not include [, except a product that]:
(A) a cell-cultured, plant-based, or insect-based food product [contains poultry ingredients only in a relatively small proportion or that historically has not been considered by consumers as a product of the poultry food industry]; or [and]
(B) a product that is exempted from the definition of poultry product under 9 C.F.R. Section 381.15 [by department rule under conditions assuring that the poultry ingredients in the product are unadulterated and that the product is not represented as a poultry product].
SECTION ____. Section 433.005, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a) A livestock, [or] poultry product, analogue product, or cell-cultured product is misbranded if:
(1) any part of its labeling is false or misleading;
(2) it is offered for sale under the name of another food;
(3) it is an imitation of another food, unless its label bears, in prominent type of uniform size, the word "imitation" immediately followed by the name of the food imitated;
(4) its container is made, formed, or filled so as to be misleading;
(5) except as provided by Subsection (b), it does not bear a label showing:
(A) the manufacturer's, packer's, or distributor's name and place of business; and
(B) an accurate statement of the quantity of the product by weight, measure, or numerical count;
(6) a word, statement, or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling in sufficient terms and with sufficient conspicuousness, compared with other words, statements, designs, or devices in the label or labeling, to make it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by department rule under Section 433.043 unless:
(A) it conforms to the definition and standard; or
(B) its label bears:
(i) the name of the food specified in the definition and standard; and
(ii) to the extent required by department rule, the common names of optional ingredients present in the food, other than spices, flavoring, and coloring;
(8) it purports to be or is represented as a food for which a standard of fill of container has been prescribed by department rule under Section 433.043 and the food does not meet the standard of fill of container, unless its label bears, in the manner and form prescribed by department rule, a statement that it does not meet the standard;
(9) except as provided by Subsection (c), it does not purport to be or is not represented as a food for which a standard of identity or composition has been prescribed by department rule unless its label bears:
(A) any common or usual name of the food; and
(B) if it is fabricated from two or more ingredients, the common or usual name of each ingredient;
(10) it purports to be or is represented for special dietary uses and its label does not bear the information concerning its vitamin, mineral, and other dietary properties that the department, after the executive commissioner or department consults with the United States Secretary of Agriculture, has determined, and the executive commissioner has prescribed by rule, to be necessary to fully inform purchasers of its value for those uses;
(11) it bears or contains artificial flavoring, artificial coloring, or a chemical preservative unless it bears labeling stating that fact, except as otherwise prescribed by department rule for situations in which compliance with this subdivision is impracticable; [or]
(12) it does not bear on itself or its container, as prescribed by department rule:
(A) the inspection legend and establishment number of the establishment in which the product was prepared; and
(B) notwithstanding any other provision of this section, other information required by department rule to assure that the product will not have false or misleading labeling and that the public will be informed of the manner of handling required to keep the product in wholesome condition;
(13) for an analogue product of meat, a meat food product, poultry, or a poultry product, its label does not bear in prominent type of uniform size immediately before the name of the product any of the following terms:
(A) "analogue";
(B) "meatless";
(C) "plant-based";
(D) "made from plants"; or
(E) a similar qualifying term or disclaimer intended to clearly communicate to a consumer the contents of the product; or
(14) for a cell-cultured product, its label does not bear in prominent type of uniform size immediately before the name of the product any of the following terms:
(A) "cell-cultured"; or
(B) "lab-grown".
(d) If a food is alleged to be misbranded because the labeling or advertising is misleading, the department in determining whether the labeling or advertising is misleading shall consider, among other characteristics:
(1) a representation made or suggested by a statement, word, design, image, device, sound, or any combination of these; and
(2) the extent to which the labeling or advertising suggests the food is:
(A) authentic meat or poultry if the food is not meat or poultry;
(B) a meat product or poultry product if the food is not a meat product or poultry product; or
(C) derived from livestock in any form if the food is not derived from livestock.
SECTION ____. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement the changes in law made by this Act to Chapter 433, Health and Safety Code.
Amendment No. 1 - Point of Order
Representative Beckley raised a point of order against further consideration of Amendment No. 1 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. 1 was withdrawn.
SB 617 was passed by (Record 1533): 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.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Johnson, J.D.; Meza.
SB 768 ON THIRD READING
(A. Johnson - House Sponsor)
SB 768, A bill to be entitled An Act relating to increasing the criminal penalties for manufacture or delivery of fentanyl and related substances; creating a criminal offense.
SB 768 was passed by (Record 1534): 130 Yeas, 12 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; 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; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Cason; Crockett; Harris; Hinojosa; Israel; Ortega; Ramos; Reynolds; Thompson, S.; Toth.
Present, not voting — Mr. Speaker(C); Dutton.
Absent, Excused — Coleman.
Absent — Campos; Johnson, J.D.; Metcalf; Morales Shaw; Slawson.
STATEMENTS OF VOTE
When Record No. 1534 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 1534 was taken, my vote failed to register. I would have voted yes.
Metcalf
When Record No. 1534 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1534 was taken, I was shown voting yes. I intended to vote no.
Rose
When Record No. 1534 was taken, my vote failed to register. I would have voted yes.
Slawson
SB 113 ON THIRD READING
(Rodriguez - House Sponsor)
SB 113, A bill to be entitled An Act relating to community land trusts.
SB 113 was passed by (Record 1535): 85 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Beckley; Bernal; Biedermann; Bowers; Bucy; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Cook; Cyrier; Darby; Dean; Ellzey; Frank; Gates; Goldman; Harris; Hefner; Holland; Hull; King, K.; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Morrison; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Campos; Johnson, J.D.
STATEMENTS OF VOTE
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
Biedermann
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
Craddick
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
P. King
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
Meyer
When Record No. 1535 was taken, I was shown voting no. I intended to vote yes.
Tinderholt
SB 149 ON THIRD READING
(Goldman - House Sponsor)
SB 149, A bill to be entitled An Act relating to the prosecution of the offense of operation of an unmanned aircraft over certain facilities.
SB 149 was passed by (Record 1536): 138 Yeas, 6 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; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; 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; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Schaefer; Tinderholt; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C); Middleton.
Absent, Excused — Coleman.
Absent — Campos; Jetton; Johnson, J.D.
STATEMENT OF VOTE
When Record No. 1536 was taken, I was shown voting yes. I intended to vote no.
Biedermann
SB 185 ON THIRD READING
(White - House Sponsor)
SB 185, A bill to be entitled An Act relating to the time for entering a final order in certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
SB 185 was passed by (Record 1537): 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Johnson, A.; 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; 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; Goldman; Jetton; Johnson, J.D.; Klick.
STATEMENTS OF VOTE
When Record No. 1537 was taken, my vote failed to register. I would have voted no.
Campos
When Record No. 1537 was taken, I was in the house but away from my desk. I would have voted yes.
Klick
SB 225 ON THIRD READING
(Sanford - House Sponsor)
SB 225, A bill to be entitled An Act relating to the regulation of certain child-care facilities and family homes.
SB 225 was passed by (Record 1538): 141 Yeas, 1 Nays, 3 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; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Johnson, A.; Johnson, J.E.; Kacal; 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; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Slaton.
Present, not voting — Mr. Speaker(C); Cortez; King, K.
Absent, Excused — Coleman.
Absent — Campos; Jetton; Johnson, J.D.; Pacheco.
STATEMENTS OF VOTE
When Record No. 1538 was taken, my vote failed to register. I would have voted yes.
Campos
When Record No. 1538 was taken, I was shown voting present, not voting. I intended to vote yes.
Cortez
SB 334 ON THIRD READING
(Goodwin - House Sponsor)
SB 334, A bill to be entitled An Act relating to disclosure under the public information law of certain records of an appraisal district.
SB 334 was passed by (Record 1539): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; 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.; 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 — Harris; Johnson, J.D.; Klick; Pacheco.
SB 415 ON THIRD READING
(Holland, Paddie, Hernandez, Lucio, and Harless - House Sponsors)
SB 415, A bill to be entitled An Act relating to use of electric energy storage facilities in the ERCOT power region.
SB 415 was passed by (Record 1540): 131 Yeas, 17 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; 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; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.
Nays — Biedermann; Cain; Cook; Hefner; Hull; Krause; Metcalf; Middleton; Noble; Patterson; Schaefer; Shaheen; Slaton; Slawson; Tinderholt; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
STATEMENT OF VOTE
When Record No. 1540 was taken, I was shown voting yes. I intended to vote no.
Swanson
SB 500 ON THIRD READING
(Rose - House Sponsor)
SB 500, A bill to be entitled An Act relating to creating the criminal offense of operating a boarding home facility without a permit in certain counties and municipalities.
Amendment No. 1
Representative Reynolds offered the following amendment to SB 500:
Amend SB 500 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) The Health and Human Services Commission shall conduct a study on state and local regulation of group homes.
(b) The study must:
(1) identify and evaluate state laws relating to the regulation of group homes, including:
(A) a boarding home facility, as defined by Section 260.001, Health and Safety Code; and
(B) a community home, described by Chapter 123, Human Resources Code;
(2) analyze the procedures for filing complaints against group homes and make recommendations to expedite complaint processes;
(3) analyze complaints filed against group homes in the preceding 10 years;
(4) analyze the enforcement authority over group homes granted to state and local governmental agencies, including the authority of counties and municipalities to enforce boarding home regulations;
(5) recommend whether additional state and local governmental enforcement authority over group homes is needed;
(6) recommend processes to expedite the licensing of and regulatory procedures for group homes;
(7) determine whether new categories of group homes should be licensed or regulated by state or local governmental agencies;
(8) discuss and recommend methods for identifying unlicensed group homes; and
(9) evaluate whether Section 260.011, Health and Safety Code, which prohibits a county or municipality from excluding boarding home facilities from residential areas by zoning and similar regulations, prevents certain counties and municipalities from regulating boarding home facilities.
(c) Not later than December 1, 2022, the Health and Human Services Commission shall prepare a written or electronic report that includes a summary of the results of the study conducted under this section and any legislative recommendations based on the study and submit the report to the governor, lieutenant governor, speaker of the house of representatives, and members of the standing committees of the senate and the house of representatives with jurisdiction over the Health and Human Services Commission.
Amendment No. 1 was adopted.
SB 500, as amended, was passed by (Record 1541): 92 Yeas, 55 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Beckley; Bell, K.; Bernal; Bowers; Bucy; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Johnson, A.; Johnson, J.D.; Kacal; King, T.; Kuempel; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Cason; Craddick; Cyrier; Dean; Gates; Harris; Hefner; Holland; Johnson, J.E.; King, K.; King, P.; Klick; Krause; Lambert; Landgraf; Leman; Metcalf; Meza; Middleton; Morrison; Murr; Noble; Oliverson; Parker; Patterson; Paul; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Coleman.
Absent — Jetton.
STATEMENTS OF VOTE
When Record No. 1541 was taken, I was shown voting no. I intended to vote yes.
J.E. Johnson
When Record No. 1541 was taken, I was shown voting yes. I intended to vote no.
Price
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
HR 253
(by Parker)
HR 253, Recognizing November 2021 as Ukrainian Genocide Remembrance Month.
HR 253 - REMARKS
REPRESENTATIVE PARKER: HR 253 recognizes November 2021 as Ukrainian Genocide Remembrance Month. From 1929 to 1953, Joseph Stalin ruled over the Soviet Union as a communist dictator. From '32 to '33, Stalin created an artificial famine in Ukraine, which resulted in the death of millions of innocent men, women, and children. This tragic event is known as the Holodomor. It's incumbent upon the Texas Legislature that we learn from the past and recognize the folly of authoritarian regimes. Stalin sought to punish Ukrainians for resisting his bright future of socialism. To this day, the Russian government denies that the Holodomor was genocide. Before the famine even began, Soviet secret police drove families off of their farms and deported thousands to Siberia. Ukrainian intellectuals and church leaders who recognized the cultural autonomy of Ukraine were subject to arrest and imprisonment throughout the 1920s. As people tried to flee this famine, the secret police used a draconian system of internal passports to keep people in Ukraine, thus sealing the fates of millions of innocent lives. Members, we must never forget the millions of victims who perished as a result of such despicable acts.
REMARKS ORDERED PRINTED
Representative Canales moved to print remarks by Representative Parker on HR 253.
The motion prevailed.
HR 253 was adopted by (Record 1542): 142 Yeas, 0 Nays, 5 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; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Huberty; Hull; Hunter; 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; 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.
Present, not voting — Mr. Speaker(C); Hinojosa; Howard; Israel; Zwiener.
Absent, Excused — Coleman.
Absent — Frank; Lozano.
SB 1336 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Bonnen moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Oliverson, Paul, Krause, Schofield, Bailes, C. Bell, Biedermann, Buckley, Burns, Burrows, Cain, Capriglione, Cason, Cook, Dean, Ellzey, Frank, Frullo, Gates, Goldman, Harris, Hefner, Holland, Huberty, Hull, Hunter, Kacal, K. King, P. King, Klick, Landgraf, Leach, Leman, Metcalf, Meyer, Middleton, Morrison, Murphy, Murr, Noble, Paddie, Parker, Price, Raney, Rogers, Sanford, Schaefer, Shaheen, Slaton, Slawson, Smith, Spiller, Stephenson, Swanson, E. Thompson, Tinderholt, VanDeaver, Vasut, White, and Wilson as house sponsors to SB 1336.
The motion prevailed.
SB 68 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative White moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Krause as a house sponsor to SB 68.
The motion prevailed.
ADJOURNMENT
Representative Metcalf moved that the house adjourn until 10 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 6:45 p.m., adjourned until 10 a.m. tomorrow.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 17
SB 48, SB 50, SB 56, SB 59, SB 179, SB 220, SB 263, SB 291, SB 480, SB 560, SB 776, SB 798, SB 873, SB 993, SB 1257, SB 1258, SB 1270, SB 1444, SB 1524, SB 1907, SB 1955, SB 2046
APPENDIX
SENT TO THE GOVERNOR
May 25 - HB 9, HB 21, HB 30, HB 113, HB 458, HB 532, HB 632, HB 911, HB 912, HB 957, HB 963, HB 1012, HB 1062, HB 1128, HB 1153, HB 1156, HB 1258, HB 1259, HB 1278, HB 1284, HB 1307, HB 1570, HB 1788, HB 2058, HB 2110, HB 2225, HB 2361, HB 2926, HB 3012, HB 3069, HB 3212, HB 3319, HB 3481, HB 3489, HB 3533, HB 3564, HB 3583, HB 3610, HB 3777, HB 4202, HB 4279, HB 4454, HB 4477, HB 4568, HB 4621, HCR 25
SENT TO THE SECRETARY OF THE STATE
May 25 - HJR 143, HJR 165