HOUSE JOURNAL


EIGHTY-SEVENTH LEGISLATURE, REGULAR SESSION


PROCEEDINGS


FIFTY-EIGHTH DAY --- FRIDAY, MAY 28, 2021

The house met at 10:42 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 1547).

Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; 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; 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; White; Wilson; Wu; Zwiener.

Absent, Excused — Coleman.

Absent — Ellzey; Minjarez; Walle.

The invocation was offered by Representative Murr as follows:

Thank you, Lord, for the open spaces, clean air, and the opportunity to see the horizon, where the warmth of the fading day meets the cool restfulness of the new evening. Give us the strength for the long hours and the hard work needed for success. Help us be patient, letting your miracle of life complete its bountiful cycle. Give us understanding to realize that both nature and life will seldom agree with all of our needs. Give us the wisdom of a veterinarian, the knowledge of a lawyer, the resources of a banker, the skills of a carpenter, and the abilities of a mechanic, so that we can be well equipped to address the challenges we face each day. Let us be good neighbors, unselfishly giving and humbly accepting when needed. And Lord, let us pass on to the next generation the knowledge that individualism, hard work, and the unwavering belief in our convictions are the seeds to success. Amen.

(Minjarez now present)

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

MOTION IN WRITING
RULES SUSPENDED

Representative Guillen offered the following motion in writing:

Mr. Speaker:

I move to suspend Rule 6, Section 11, to authorize the Committee on Resolutions Calendars to prepare and post the Congratulatory and Memorial Resolutions Calendar set for tomorrow, May 29, not later than 10 p.m. today.
Guillen

The motion was read and 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, House List No. 29).

RESOLUTIONS REFERRED TO COMMITTEES

Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

HB 549 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 549, A bill to be entitled An Act relating to an exemption from civil liability for certain professionals for the disclosure of certain mental health information.

Representative S. Thompson moved to concur in the senate amendments to HB 549.

The motion to concur in the senate amendments to HB 549 prevailed by (Record 1548): 137 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; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Israel; Johnson, A.; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; 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; 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Canales; Collier; Ellzey; González, J.; Herrero; Hunter; Jetton; Johnson, J.E.; Martinez Fischer; Slawson; Walle.

STATEMENTS OF VOTE

When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.

Canales

When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.

Collier

When Record No. 1548 was taken, I was temporarily out of the house chamber. I would have voted yes.

Ellzey

When Record No. 1548 was taken, my vote failed to register. I would have voted yes.

Jetton

When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.

Slawson

Senate Committee Substitute

CSHB 549, A bill to be entitled An Act relating to exemptions from liability for certain professionals for the disclosure of certain mental health information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 611.002, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b)  Confidential communications or records may not be disclosed except as provided by Section 611.004, 611.0041, or 611.0045.
(b-1)  No exception to the privilege of confidentiality under Section 611.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.
SECTION 2.  Section 611.004, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)  A professional may disclose confidential information only:
(1)  to a governmental agency if the disclosure is required or authorized by law;
(2)  to medical, mental health, or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient;
(3)  to qualified personnel for management audits, financial audits, program evaluations, or research, in accordance with Subsection (b);
(4)  to a person who has the written consent of the patient, or a parent if the patient is a minor, or a guardian if the patient has been adjudicated as incompetent to manage the patient's personal affairs;
(5)  to the patient's personal representative if the patient is deceased;
(6)  to individuals, corporations, or governmental agencies involved in paying or collecting fees for mental or emotional health services provided by a professional;
(7)  to other professionals and personnel under the professionals' direction who participate in the diagnosis, evaluation, or treatment of the patient;
(8)  in an official legislative inquiry relating to a state hospital or state school as provided by Subsection (c);
(9)  to designated persons or personnel of a correctional facility in which a person is detained if the disclosure is for the sole purpose of providing treatment and health care to the person in custody;
(10)  to an employee or agent of the professional who requires mental health care information to provide mental health care services or in complying with statutory, licensing, or accreditation requirements, if the professional has taken appropriate action to ensure that the employee or agent:
(A)  will not use or disclose the information for any other purposes; and
(B)  will take appropriate steps to protect the information; or
(11)  to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051(e), Civil Practice and Remedies Code.
(a-1)  No civil, criminal, or administrative cause of action exists against a person described by Section 611.001(2)(A) or (B) for the disclosure of confidential information in accordance with Subsection (a)(2). A cause of action brought against the person for the disclosure of the confidential information must be dismissed with prejudice.
SECTION 3.  Section 159.002, Occupations Code, is amended by adding Subsection (c-1) to read as follows:
(c-1)  No exception to the privilege of confidentiality under Section 159.003 or 159.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.
SECTION 4.  Section 159.004, Occupations Code, is amended to read as follows:
Sec. 159.004.  EXCEPTIONS TO CONFIDENTIALITY IN OTHER SITUATIONS. (a) An exception to the privilege of confidentiality in a situation other than a court or administrative proceeding, allowing disclosure of confidential information by a physician, exists only with respect to the following:
(1)  a governmental agency, if the disclosure is required or authorized by law;
(2)  medical, mental health, or law enforcement personnel, if the physician determines that there is a probability of:
(A)  imminent physical injury to the patient, the physician, or another person; or
(B)  immediate mental or emotional injury to the patient;
(3)  qualified personnel for research or for a management audit, financial audit, or program evaluation, but the personnel may not directly or indirectly identify a patient in any report of the research, audit, or evaluation or otherwise disclose identity in any manner;
(4)  those parts of the medical records reflecting specific services provided if necessary in the collection of fees for medical services provided by a physician, professional association, or other entity qualified to provide or arrange for medical services;
(5)  a person who has consent, as provided by Section 159.005;
(6)  a person, corporation, or governmental agency involved in the payment or collection of fees for medical services provided by a physician;
(7)  another physician or other personnel acting under the direction of the physician who participate in the diagnosis, evaluation, or treatment of the patient;
(8)  an official legislative inquiry regarding state hospitals or state schools, if:
(A)  information or a record that identifies a patient or client is not released for any purpose unless proper consent to the release is given by the patient; and
(B)  only records created by the state hospital or school or its employees are included; or
(9)  health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient.
(b)  No civil, criminal, or administrative cause of action exists against a physician for the disclosure of confidential information in accordance with Subsection (a)(2). A cause of action brought against a physician for the disclosure of the confidential information must be dismissed with prejudice.
SECTION 5.  The changes in law made by this Act apply only to a disclosure of confidential information made on or after the effective date of this Act. A disclosure made before the effective date of this Act is governed by the law in effect on the date the disclosure was made, and that law is continued in effect for that purpose.
SECTION 6.  This Act takes effect September 1, 2021.

(Ellzey now present)

HB 3961 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3961, A bill to be entitled An Act relating to required posting of information regarding the office of the state long-term care ombudsman on certain long-term care facilities' Internet websites.

Representative Spiller moved to concur in the senate amendments to HB 3961.

The motion to concur in the senate amendments to HB 3961 prevailed by (Record 1549): 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; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Holland; Walle.

Senate Committee Substitute

CSHB 3961, A bill to be entitled An Act relating to required posting of information regarding the office of the state long-term care ombudsman on certain long-term care facilities' Internet websites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is amended by adding Chapter 260C to read as follows:
CHAPTER 260C. POSTING OF OFFICE OF STATE LONG-TERM CARE OMBUDSMAN INFORMATION BY CERTAIN FACILITIES
Sec. 260C.001.  DEFINITION. In this chapter, "long-term care facility" means:
(1)  a nursing facility licensed under Chapter 242;
(2)  an assisted living facility licensed under Chapter 247; or
(3)  any other facility providing care to residents who are assisted by the state long-term care ombudsman established under Subchapter F, Chapter 101A, Human Resources Code.
Sec. 260C.002.  POSTING OF OFFICE OF STATE LONG-TERM CARE OMBUDSMAN INFORMATION ON INTERNET WEBSITE. (a) Except as provided by Subsection (b), a long-term care facility shall post on the facility's Internet website information about the office of the state long-term care ombudsman established under Subchapter F, Chapter 101A, Human Resources Code, including:
(1)  information regarding the office's role as an advocate for residents of long-term care facilities; and
(2)  the office's statewide toll-free telephone number.
(b)  A long-term care facility:
(1)  may comply with this section by posting the required information on the Internet website of the facility's parent company if the facility does not maintain a unique Internet website; and
(2)  is not required to comply with this section if the facility and any parent company do not maintain an Internet website.
SECTION 2.  This Act takes effect January 1, 2022.

HB 19 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 19, A bill to be entitled An Act relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.

Representative Leach moved to concur in the senate amendments to HB 19.

The motion to concur in the senate amendments to HB 19 prevailed by (Record 1550): 106 Yeas, 38 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — King, T.; Leman; Reynolds; Walle.

STATEMENTS OF VOTE

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Collier

When Record No. 1550 was taken, I was shown voting no. I intended to vote yes.

Cortez

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Davis

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

J. González

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Herrero

When Record No. 1550 was taken, I was in the house but away from my desk. I would have voted yes.

T. King

When Record No. 1550 was taken, I was in the house but away from my desk. I would have voted yes.

Leman

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Martinez

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Moody

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Neave

When Record No. 1550 was taken, I was in the house but away from my desk. I would have voted no.

Reynolds

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Romero

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Sherman

Senate Committee Substitute

CSHB 19, A bill to be entitled An Act relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Chapter 72, Civil Practice and Remedies Code, is amended to read as follows:
CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR [TO GUEST]
SECTION 2.  Chapter 72, Civil Practice and Remedies Code, is amended by designating Sections 72.001, 72.002, 72.003, and 72.004 as Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. LIABILITY TO GUEST
SECTION 3.  Sections 72.002 and 72.003, Civil Practice and Remedies Code, are amended to read as follows:
Sec. 72.002.  LIMITATION NOT APPLICABLE. There is no limitation under this subchapter [chapter] on the liability of an owner or operator who is not related to the guest within the second degree by consanguinity or affinity.
Sec. 72.003.  EFFECT ON OTHER LIABILITY. (a) This subchapter [chapter] does not affect judicially developed or developing rules under which a person is or is not totally or partially immune from tort liability by virtue of family relationship.
(b)  This subchapter [chapter] does not relieve the owner or operator of a motor vehicle being demonstrated to a prospective purchaser or relieve a public carrier of responsibility for injuries sustained by a passenger being transported.
SECTION 4.  Chapter 72, Civil Practice and Remedies Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES
Sec. 72.051.  DEFINITIONS. In this subchapter:
(1)  "Accident" means an event in which operating a commercial motor vehicle causes bodily injury or death.
(2)  "Civil action" means an action in which:
(A)  a claimant seeks recovery of damages for bodily injury or death caused in an accident; and
(B)  a defendant:
(i)  operated a commercial motor vehicle involved in the accident; or
(ii)  owned, leased, or otherwise held or exercised legal control over a commercial motor vehicle or operator of a commercial motor vehicle involved in the accident.
(3)  "Claimant" means a person, including a decedent's estate, seeking or who has sought recovery of damages in a civil action. The term includes a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, and an intervenor. The term does not include a passenger in a commercial motor vehicle unless the person is an employee of the owner, lessor, lessee, or operator of the vehicle.
(4)  "Commercial motor vehicle" means a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. The term does not include a motor vehicle being used at the time of the accident for personal, family, or household purposes.
(5)  "Compensatory damages" has the meaning assigned by Section 41.001.
(6)  "Employee" means a person who works for another person for compensation. The term includes a person deemed an employee under state or federal law and any other agent or person for whom an employer may be liable under respondeat superior.
(7)  "Exemplary damages" has the meaning assigned by Section 41.001.
(8)  "Motor vehicle" means a self-propelled device in which a person or property can be transported on a public highway. The term includes a trailer when in use with a self-propelled device described by this subdivision. The term does not include a device used exclusively upon stationary rails or tracks.
(9)  "Operated," "operating," and "operation," when used with respect to a commercial motor vehicle, means to cause the vehicle to move or function in any respect, including driving, stopping, or parking the vehicle or otherwise putting the vehicle into use or operation. These terms include a commercial motor vehicle that has become disabled.
(10)  "Video" means an electronic representation of a sequence of images, with or without accompanying audio, depicting either stationary or moving scenes, regardless of the manner in which the sequence of images is captured, recorded, or stored.
Sec. 72.052.  BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE ACCIDENT ACTIONS. (a) In a civil action under this subchapter, on motion by a defendant, the court shall provide for a bifurcated trial under this section.
(b)  A motion under this section shall be made on or before the later of:
(1)  the 120th day after the date the defendant bringing the motion files the defendant's original answer; or
(2)  the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant bringing the motion.
(c)  The trier of fact shall determine liability for and the amount of compensatory damages in the first phase of a bifurcated trial under this section.
(d)  The trier of fact shall determine liability for and the amount of exemplary damages in the second phase of a bifurcated trial under this section.
(e)  For purposes of this section, a finding by the trier of fact in the first phase of a bifurcated trial that an employee defendant was negligent in operating an employer defendant's commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase of the trial on a claim against the employer defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employee was negligent in operating the vehicle as a prerequisite to the employer defendant being found negligent in relation to the employee defendant's operation of the vehicle. This subsection does not apply to a claimant who has pursued a claim described by this subsection in the first phase of a trial that is bifurcated under this section.
Sec. 72.053.  FAILURE TO COMPLY WITH REGULATIONS OR STANDARDS. (a) In this section, "regulation or standard" includes a statute, regulation, rule, or order regulating equipment or conduct adopted or promulgated by the federal government, a state government, a local government, or a governmental agency or authority.
(b)  In a civil action under this subchapter, evidence of a defendant's failure to comply with a regulation or standard is admissible in the first phase of a trial bifurcated under Section 72.052 only if, in addition to complying with other requirements of law:
(1)  the evidence tends to prove that failure to comply with the regulation or standard was a proximate cause of the bodily injury or death for which damages are sought in the action; and
(2)  the regulation or standard is specific and governs, or is an element of a duty of care applicable to, the defendant, the defendant's employee, or the defendant's property or equipment when any of those is at issue in the action.
(c)  Nothing in this section prevents a claimant from pursuing a claim for exemplary damages under Chapter 41 relating to the defendant's failure to comply with other applicable regulations or standards, or from presenting evidence on that claim in the second phase of a bifurcated trial.
Sec. 72.054.  LIABILITY FOR EMPLOYEE NEGLIGENCE IN OPERATING COMMERCIAL MOTOR VEHICLE. (a) In a civil action under this subchapter, an employer defendant's liability for damages caused by the ordinary negligence of a person operating the defendant's commercial motor vehicle shall be based only on respondeat superior if the defendant stipulates, within the time provided by Section 72.052 for filing a motion to bifurcate, that, at the time of the accident, the person operating the vehicle was:
(1)  the defendant's employee; and
(2)  acting within the scope of employment.
(b)  If an employer defendant stipulates in accordance with Subsection (a) and the trial is bifurcated under Section 72.052, a claimant may not, in the first phase of the trial, present evidence on an ordinary negligence claim against the employer defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employer defendant's employee was negligent in operating a vehicle as a prerequisite to the employer defendant being found negligent in relation to the employee defendant's operation of the vehicle. This subsection does not prevent a claimant from presenting evidence allowed by Subsection (c) or Section 72.053(b).
(c)  In a civil action under this subchapter in which an employer defendant is regulated by the Motor Carrier Safety Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644, Transportation Code, a party may present any of the following evidence in the first phase of a trial that is bifurcated under Section 72.052 if applicable to a defendant in the action:
(1)  whether the employee who was operating the employer defendant's commercial motor vehicle at the time of the accident that is the subject of the civil action:
(A)  was licensed to drive the vehicle at the time of the accident;
(B)  was disqualified from driving the vehicle under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the accident;
(C)  was subject to an out-of-service order, as defined by 49 C.F.R. Section 390.5, at the time of the accident;
(D)  was driving the vehicle in violation of a license restriction imposed under 49 C.F.R. Section 383.95 or Section 522.043, Transportation Code, at the time of the accident;
(E)  had received a certificate of driver's road test from the employer defendant as required by 49 C.F.R. Section 391.31 or had an equivalent certificate or license as provided by 49 C.F.R. Section 391.33;
(F)  had been medically certified as physically qualified to operate the vehicle under 49 C.F.R. Section 391.41;
(G)  was operating the vehicle when prohibited from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207, 382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable, on the day of the accident;
(H)  was texting or using a handheld mobile telephone while driving the vehicle in violation of 49 C.F.R. Section 392.80 or 392.82 at the time of the accident;
(I)  provided the employer defendant with an application for employment as required by 49 C.F.R. Section 391.21(a) if the accident occurred on or before the 180th day after the date the employee began employment with the employer defendant; and
(J)  refused to submit to a controlled substance test as required by 49 C.F.R. Section 382.303, 382.305, 382.307, 382.309, or 382.311 during the 90 days preceding the date of the accident; and
(2)  whether the employer defendant:
(A)  allowed the employee to operate the employer's commercial motor vehicle on the day of the accident in violation of 49 C.F.R. Section 382.201, 382.205, 382.207, 382.215, 382.701(d), 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable;
(B)  had complied with 49 C.F.R. Section 382.301 in regard to controlled-substance testing of the employee driver if:
(i)  the employee driver was impaired because of the use of a controlled substance at the time of the accident; and
(ii)  the accident occurred on or before the 180th day after the date the employee driver began employment with the employer defendant;
(C)  had made the investigations and inquiries as provided by 49 C.F.R. Section 391.23(a) in regard to the employee driver if the accident occurred on or before the 180th day after the date the employee driver began employment with the employer defendant; and
(D)  was subject to an out-of-service order, as defined by 49 C.F.R. Section 390.5, at the time of the accident.
(d)  If a civil action is bifurcated under Section 72.052, evidence admissible under Subsection (c) is:
(1)  admissible in the first phase of the trial only to prove ordinary negligent entrustment by the employer defendant to the employee who was driving the employer defendant's commercial motor vehicle at the time of the accident that is the subject of the action; and
(2)  the only evidence that may be presented by the claimant in the first phase of the trial on the negligent entrustment claim.
(e)  The provisions of Subsection (c) may not be construed to create a new rule or regulation or subject a person to a rule or regulation not applicable to the person without regard to this section.
(f)  Nothing in this section prevents a claimant from pursuing:
(1)  an ordinary negligence claim against an employer defendant for a claim, such as negligent maintenance, that does not require a finding of negligence by an employee as a prerequisite to an employer defendant being found negligent for its conduct or omission, or from presenting evidence on that claim in the first phase of a bifurcated trial; or
(2)  a claim for exemplary damages under Chapter 41 for an employer defendant's conduct or omissions in relation to the accident that is the subject of the action, or from presenting evidence on that claim in the second phase of a bifurcated trial.
Sec. 72.055.  ADMISSIBILITY OF VISUAL DEPICTIONS OF ACCIDENT. (a) In a civil action under this subchapter, a court may not require expert testimony for admission into evidence of a photograph or video of a vehicle or object involved in an accident that is the subject of the action except as necessary to authenticate the photograph or video.
(b)  If properly authenticated under the Texas Rules of Evidence, a photograph or video of a vehicle or object involved in an accident that is the subject of a civil action under this subchapter is presumed admissible, even if the photograph or video tends to support or refute an assertion regarding the severity of damages or injury to an object or person involved in the accident.
SECTION 5.  Subchapter A, Chapter 38, Insurance Code, is amended by adding Section 38.005 to read as follows:
Sec. 38.005.  COMMERCIAL AUTOMOBILE INSURANCE REPORT. (a) The department shall conduct a study each biennium on the effect, for each year of the biennium, on premiums, deductibles, coverage, and availability of coverage for commercial automobile insurance of HB19, 87th Legislature, Regular Session, 2021.
(b)  Not later than December 1 of each even-numbered year, the department shall submit a written report of the results of the study conducted under Subsection (a) for the preceding biennium to the legislature.
(c)  This section expires December 31, 2026.
SECTION 6.  The changes in law made by this Act apply only to an action commenced on or after the effective date of this Act. An action commenced before the effective date of this Act is governed by the law applicable to the action immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 7.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 19 (senate committee printing) in SECTION 4 of the bill, in added Section 72.054, Civil Practice and Remedies Code, as follows:
(1)  In Subsection (a) (page 3, line 22), strike "In" and substitute "Except as provided by Subsection (d), in".
(2)  In Subsection (b) (page 3, line 31), strike "If" and substitute "Except as provided by Subsection (c), if".
(3)  In Subsection (b) (page 3, line 40), strike "Subsection (c) or".
(4)  In Subsection (c)(1)(I) (page 4, line 7), strike "180th day after" and substitute "first anniversary of".
(5)  In Subsection (c)(1)(J) (page 4, line 12), strike "90 days" and substitute "two years".
(6)  In Subsection (c)(2)(C) (page 4, line 31), strike "180th day after" and substitute "first anniversary of".

HB 2721 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2721, A bill to be entitled An Act relating to prohibiting a student from participating in future extracurricular activities for certain conduct involving the assault of an extracurricular activity official.

Representative Bernal moved to concur in the senate amendments to HB 2721.

The motion to concur in the senate amendments to HB 2721 prevailed by (Record 1551): 142 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; 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; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.

Nays — Cason; Cortez; Slaton.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Hunter; Leach; Walle.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2721 (senate committee report) as follows:
(1)  In the recital to SECTION 1 of the bill (page 1, line 26), strike "Subsection (e-1)" and substitute "Subsections (e-1), (e-2), (e-3), (e-4), and (h)".
(2)  In SECTION 1 of the bill, in added Section 33.081(e-1), Education Code (page 1), strike lines 32 through 39 and substitute the following:
district or the University Interscholastic League if the state executive committee of the league determines that the student intentionally, knowingly, or recklessly causes bodily injury to a person serving as referee, judge, or other official of an extracurricular activity in retaliation for or as a result of the person's actions taken in performing the duties of a referee, judge, or other official of the extracurricular activity.
(3)  In SECTION 1 of the bill, immediately following added Section 33.081(e-1), Education Code (page 1, between lines 39 and 40), insert the following:
(e-2)  A student prohibited from participation in an extracurricular activity under Subsection (e-1) may submit to the University Interscholastic League a request that the student be permitted to participate in future extracurricular activities sponsored or sanctioned by the University Interscholastic League if:
(1)  the request is submitted at least:
(A)  one year after the date the student engaged in the conduct that resulted in the prohibition under Subsection (e-1) if the student was enrolled in eighth grade or below at the time of the conduct; or
(B)  two years after the date the student engaged in the conduct that resulted in the prohibition under Subsection (e-1) if the student was enrolled in ninth grade or above at the time of the conduct;
(2)  the student:
(A)  completed a course in anger management since engaging in the conduct that resulted in the prohibition under Subsection (e-1);
(B)  completed any other course, activity, or action required by the school district in which the student is enrolled as a result of the conduct that resulted in the prohibition under Subsection (e-1); and
(C)  demonstrates, to the satisfaction of the school district and the University Interscholastic League, that the student has been rehabilitated and is unlikely to again engage in the conduct described by Subsection (e-1); and
(3)  a previous request submitted by the student under this section has not been denied during the school year in which the request is submitted.
(e-3)  When determining whether to grant a request under Subsection (e-2), the University Interscholastic League:
(1)  shall take into account the severity of the conduct that resulted in the prohibition under Subsection (e-1); and
(2)  may set conditions for the student's future participation in extracurricular activities.
(e-4)  The University Interscholastic League may prohibit a student from participating in any future extracurricular activity sponsored or sanctioned by the University Interscholastic League if the student violates a condition set by the University Interscholastic League under Subsection (e-3)(2).
(4)  In SECTION 1 of the bill, immediately following amended Section 33.081(g), Education Code (page 1, between lines 57 and 58), insert the following:
(h)  A request made under Subsection (e-2) is not a contested case subject to Chapter 2001, Government Code.

HB 135 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

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

Representative Minjarez moved to concur in the senate amendments to HB 135.

The motion to concur in the senate amendments to HB 135 prevailed by (Record 1552): 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Kacal; King, K.; King, P.; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Johnson, J.E.; King, T.; Morales Shaw; Walle.

Senate Committee Substitute

CSHB 135, A bill to be entitled An Act relating to notifying an alleged perpetrator of child abuse or neglect of certain rights in an investigation by the Department of Family and Protective Services; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3027 to read as follows:
Sec. 261.3027.  NOTICE OF RIGHT TO RECORD INTERVIEW. (a) Before conducting an interview with an alleged perpetrator, the department shall inform the person orally and in writing that:
(1)  the person may create an audio or video recording of the interview but may not record the interview in any other manner; and
(2)  any audio or video recording made by the person may be subject to subpoena under a court order.
(b)  The department shall document in the case file that the department provided the notice required by Subsection (a).
(c)  The department shall provide two copies of the written notice to be signed by the person. The department shall provide one signed notice to the person and retain the other signed notice in the case file.
(d)  An audio or video recording of the department's interview with an alleged perpetrator may not be posted on an Internet website. A person who violates this subsection commits an offense. An offense under this subsection is a Class C misdemeanor.
SECTION 2.  Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3091 to read as follows:
Sec. 261.3091.  NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE REVIEW. (a) Before conducting an interview with an alleged perpetrator, the department shall notify the person in writing that the person may request an administrative review of the department's findings under Section 261.309. The person shall sign the written notice to acknowledge receipt of the notice.
(b)  The department shall document in the case file that the department provided the notice required by Subsection (a).
SECTION 3.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 135 (senate committee printing) in SECTION 1 of the bill, adding Section 261.3027, Family Code, as follows:
(1)  In Subdivision (a)(1) (page 1, line 33), strike "and".
(2)  At the end of Subdivision (a)(2), between "order" and the underlined period (page 1, line 35), insert the following:
; and
(3)  the person may request and receive a copy of the department's current recording policy
(3)  Strike Subsection (d)(page 1, lines 42-45) and substitute the following:
(d)  An audio or video recording of the department's interview with an alleged perpetrator may not be posted on an Internet website in a manner that could identify a party involved in the interview.

HB 39 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

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

Representative Neave moved to concur in the senate amendments to HB 39.

The motion to concur in the senate amendments to HB 39 prevailed by (Record 1553): 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; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Harris; Walle.

Senate Committee Substitute

CSHB 39, A bill to be entitled An Act relating to protective orders; making conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 85.005(a) and (b), Family Code, are amended to read as follows:
(a)  To facilitate settlement, the parties to a proceeding may agree in writing to [the terms of] a protective order as provided by Sections [Section] 85.021 and 85.022. An agreement under this subsection is subject to the approval of the court. The court may not approve an agreement that requires the applicant for the protective order to do or refrain from doing an act under Section 85.022.
(b)  An [To facilitate settlement, a respondent may agree in writing to the terms of a protective order as provided by Section 85.022, subject to the approval of the court.     The court may not approve an agreement that requires the applicant to do or refrain from doing an act under Section 85.022. The] agreed protective order is enforceable civilly or criminally, regardless of whether the court makes the findings required by Section 85.001.
SECTION 2.  Section 85.006(a), Family Code, is amended to read as follows:
(a)  Notwithstanding Rule 107, Texas Rules of Civil Procedure, a [A] court may render a protective order that is binding on a respondent who does not attend a hearing if:
(1)  the respondent received service of the application and notice of the hearing; and
(2)  proof of service was filed with the court before the hearing.
SECTION 3.  Section 85.025, Family Code, is amended by adding Subsection (d) to read as follows:
(d)  If the duration of a protective order is subject to an automatic extension under Subsection (c), the Department of Public Safety shall, based on the duration of the sentence of the person subject to the protective order, enter the projected expiration date of the order in the statewide law enforcement information system maintained by the department. On release of the person, the department shall update the information in the statewide law enforcement system to reflect the date the order will expire following the person's release.
SECTION 4.  Section 85.026(a), Family Code, is amended to read as follows:
(a)  Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
"(1)  THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
"(2)  THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
SECTION 5.  Section 86.0011(a), Family Code, is amended to read as follows:
(a)  On receipt of an original or modified protective order from the clerk of the issuing court, or on receipt of information pertaining to the date of confinement or imprisonment or date of release of a person subject to the protective order, a law enforcement agency shall immediately, but not later than the third business day after the date the order or information is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
SECTION 6.  Article 7B.001(a), Code of Criminal Procedure, is amended to read as follows:
(a)  The following persons may file an application for a protective order under this subchapter without regard to the relationship between the applicant and the alleged offender:
(1)  a person who is the victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072, or 43.05, Penal Code;
(2)  any adult, including a parent or guardian, who is acting on behalf of a victim described by Subdivision (1), if the victim is younger than 18 years of age or an adult ward [a person who is the victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code]; or
(3)  [a parent or guardian acting on behalf of a person younger than 17   years of age who is the victim of an offense listed in Subdivision (1);
[(4)     a parent or guardian acting on behalf of a person younger than 18   years of age who is the victim of an offense listed in Subdivision (2); or
[(5)]  a prosecuting attorney acting on behalf of a person described by Subdivision (1) or [,] (2)[, (3), or (4)].
SECTION 7.  Article 7B.001, Code of Criminal Procedure, is amended to conform to Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, by adding Subsections (a-1) and (a-2) and is further amended to read as follows:
(a-1)  Except as provided by Subsection (a-2), if an application has not yet been filed in the case under Subsection (a), the attorney representing the state shall promptly file an application for a protective order with respect to each victim of an offense listed in Subdivision (1) of that subsection following the offender's conviction of or placement on deferred adjudication community supervision for the offense.
(a-2)  The attorney representing the state may not file an application under Subsection (a-1) with respect to a victim if the victim requests that the attorney representing the state not file the application. This subsection does not apply to a victim who is younger than 18 years of age or who is an adult ward.
SECTION 8.  Article 7B.003, Code of Criminal Procedure, is amended to conform to Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, by adding Subsection (c) and is further amended to read as follows:
(c)  An offender's conviction of or placement on deferred adjudication community supervision for an offense listed in Article 7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
SECTION 9.  Article 7B.007, Code of Criminal Procedure, is amended to conform to Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, by adding Subsection (a-1) and is further amended to read as follows:
(a-1)  The court shall issue a protective order effective for the duration of the lives of the offender and victim if the offender is:
(1)  convicted of or placed on deferred adjudication community supervision for an offense listed in Article 7B.001(a)(1); and
(2)  required under Chapter 62 to register for life as a sex offender.
SECTION 10.  Article 7B.007, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b)  The following persons may file at any time an application with the court to rescind the protective order:
(1)  a victim of an offense listed in Article 7B.001(a)(1) who is 18 [17] years of age or older;
(2)  subject to Subsection (b-1), [or] a parent or guardian acting on behalf of a victim of an offense listed in Article 7B.001(a)(1) who is younger than 18 [17] years of age or an adult ward; or
(3)  a person not otherwise described by Subdivision (1) or (2) who filed the application for the protective order.
(b-1)  A [(2)     a victim of an offense listed in Article 7B.001(a)(2) or a] parent or guardian may not file an application to rescind the protective order under Subsection (b)(2) if the parent or guardian is the alleged offender subject to the protective order [acting on behalf of a victim who is younger than 18   years of age].
SECTION 11.  Article 56A.052(d), Code of Criminal Procedure, is amended to read as follows:
(d)  This subsection applies only to a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, or 43.05, Penal Code.  A victim described by this subsection or a parent or guardian of the victim, if the victim is younger than 18 years of age or an adult ward, is entitled to the following rights within the criminal justice system:
(1)  the right to be informed:
(A)  that the victim or, if the victim is younger than 18 years of age or an adult ward, the victim's parent or guardian or another adult acting on the victim's behalf[, as applicable,] may file an application for a protective order under Article 7B.001;
(B)  of the court in which the application for a protective order may be filed; [and]
(C)  that, on request of the victim or, if the victim is younger than 18 years of age or an adult ward, on request of the victim's parent or guardian or another adult acting on the victim's behalf, [as applicable, and subject to the Texas Disciplinary Rules of Professional Conduct,] the attorney representing the state may, subject to the Texas Disciplinary Rules of Professional Conduct, file the application for a protective order on behalf of the requestor [victim]; and
(D)  that, subject to the Texas Disciplinary Rules of Professional Conduct, the attorney representing the state generally is required to file the application for a protective order with respect to the victim if the defendant is convicted of or placed on deferred adjudication community supervision for the offense;
(2)  the right to:
(A)  request that the attorney representing the state, subject to the Texas Disciplinary Rules of Professional Conduct, file an application for a protective order described by Subdivision (1); and
(B)  be notified when the attorney representing the state files an application for a protective order under Article 7B.001;
(3)  if the victim or the victim's parent or guardian, as applicable, is present when the defendant is convicted or placed on deferred adjudication community supervision, the right to:
(A)  be given by the court the information described by Subdivision (1); and
(B)  file an application for a protective order under Article 7B.001 immediately following the defendant's conviction or placement on deferred adjudication community supervision if the court has jurisdiction over the application; and
(4)  if the victim or the victim's parent or guardian, as applicable, is not present when the defendant is convicted or placed on deferred adjudication community supervision, the right to be given by the attorney representing the state the information described by Subdivision (1).
SECTION 12.  Section 25.07, Penal Code, is amended by amending Subsection (g) and adding Subsection (h) to read as follows:
(g)  An offense under this section is a Class A misdemeanor, except the offense is:
(1)  subject to Subdivision (2), a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued under Subchapter A, Chapter 7B [as a result of an application filed under Article 7A.01(a-1)], Code of Criminal Procedure, following the defendant's conviction of or placement on deferred adjudication community supervision for an offense, if the order was issued with respect to a victim of that offense; or
(2)  a felony of the third degree if it is shown on the trial of the offense that the defendant:
(A)  has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or
(B)  has violated the order or condition of bond by committing an assault or the offense of stalking.
(h)  For purposes of Subsection (g), a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense under this section or Section 25.072 is considered to be a conviction under this section or Section 25.072, as applicable.
SECTION 13.  The following provisions are repealed:
(1)  Section 1, Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, which amended Article 7A.01, Code of Criminal Procedure;
(2)  Section 2, Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, which amended Article 7A.03, Code of Criminal Procedure; and
(3)  Section 3, Chapter 1066 (HB 1343), Acts of the 86th Legislature, Regular Session, 2019, which amended Article 7A.07, Code of Criminal Procedure.
SECTION 14.  Section 85.005, Family Code, as amended by this Act, applies only to a protective order approved by the court on or after the effective date of this Act.
SECTION 15.  Section 85.006, Family Code, as amended by this Act, applies only to a protective order for which the respondent receives service on or after the effective date of this Act.
SECTION 16.  Sections 85.025, 85.026, and 86.0011, Family Code, as amended by this Act, apply only to a protective order issued on or after the effective date of this Act.
SECTION 17.  Subchapter A, Chapter 7B, Code of Criminal Procedure, as amended by this Act, applies only to a protective order for which an application is filed on or after the effective date of this Act.
SECTION 18.  Article 56A.052(d), Code of Criminal Procedure, as amended by this Act, applies to a victim of criminally injurious conduct for which a judgment of conviction is entered or a grant of deferred adjudication community supervision is made on or after the effective date of this Act, regardless of whether the criminally injurious conduct occurred before, on, or after the effective date of this Act.
SECTION 19.  To the extent of any conflict, this Act prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 20.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 39 (senate committee report) as follows:
(1)  Strike SECTION 3 of the bill (page 1, lines 46 through 56).
(2)  In SECTION 16 of the bill (page 5, line 6), strike "Sections 85.025, 85.026, and 86.0011" and substitute "Sections 85.026 and 86.0011".
(3)  Renumber SECTIONS of the bill appropriately.

HB 1239 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

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

Representative Sanford moved to concur in the senate amendments to HB 1239.

The motion to concur in the senate amendments to HB 1239 prevailed by (Record 1554): 113 Yeas, 30 Nays, 1 Present, not voting.

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

Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Crockett; Davis; Deshotel; González, M.; Hinojosa; Howard; Israel; Johnson, J.E.; Lopez; Morales Shaw; Ortega; Perez; Ramos; Reynolds; Rosenthal; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Wilson; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — King, T.; Martinez Fischer; Paddie; Rodriguez; Walle.

STATEMENTS OF VOTE

When Record No. 1554 was taken, I was shown voting yes. I intended to vote no.

Collier

When Record No. 1554 was taken, I was shown voting yes. I intended to vote no.

J. González

When Record No. 1554 was taken, I was shown voting no. I intended to vote yes.

Wilson

REASON FOR VOTE

The following reason for vote was submitted to be printed in the journal:

We hesitantly voted in favor of concurring in senate amendments. The bill as it left the house contained an amendment by Representative Hefner which ensured that no government agency or public official could get around the bill's prohibition on closing houses of worship by limiting the occupancy which can have the same effect. While we are appalled that the senate watered down a religious liberty bill, we had no choice but to concur because a no vote would have been construed as an anti-religious freedom vote.

Allison, C. Bell, K. Bell, Biedermann, Buckley, Burns, Burrows,
Cain, Canales, Dean, Ellzey, Goldman, Harris, Hefner, Holland,
Klick, Landgraf, Leman, Metcalf, Middleton, Murr, Paul,
Schaefer, Schofield, Shaheen, Slawson, Swanson, Tinderholt,
VanDeaver, and Vasut

Senate Committee Substitute

CSHB 1239, A bill to be entitled An Act relating to the prohibited suspension of laws protecting religious freedom and prohibited closure of places of worship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 110.001(a), Civil Practice and Remedies Code, is amended by adding Subdivisions (3) and (4) to read as follows:
(3)  "Place of worship" means a building or grounds where religious activities are conducted.
(4)  "Public official" means any elected or appointed officer, employee, or agent of this state or any political subdivision, board, commission, bureau, or other public body established by law.
SECTION 2.  Section 110.002, Civil Practice and Remedies Code, is amended by adding Subsection (d) to read as follows:
(d)  For purposes of a state of disaster declared under Chapter 418, Government Code:
(1)  this chapter is not considered a regulatory statute; and
(2)  a provision of this chapter may not be suspended.
SECTION 3.  Chapter 110, Civil Practice and Remedies Code, is amended by adding Section 110.0031 to read as follows:
Sec. 110.0031.  PROHIBITION ON ORDERS CLOSING PLACES OF WORSHIP. A government agency or public official may not issue an order that closes or has the effect of closing places of worship in this state or in a geographic area of this state.
SECTION 4.  Section 110.004, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 110.004.  DEFENSE. A person whose free exercise of religion has been substantially burdened in violation of Section 110.003 or 110.0031 may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other person.
SECTION 5.  Chapter 110, Civil Practice and Remedies Code, as amended by this Act, applies only to a claim or defense that accrues on or after the effective date of this Act. A claim or defense that accrued before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 6.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 885 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 885, A bill to be entitled An Act relating to the requirements for a junior college district to receive approval from the Texas Higher Education Coordinating Board to offer baccalaureate degree programs.

Representative Harris moved to concur in the senate amendments to HB 885.

The motion to concur in the senate amendments to HB 885 prevailed by (Record 1555): 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; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, 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; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.

Nays — Hinojosa.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Dutton; Stephenson; Walle.

STATEMENT OF VOTE

When Record No. 1555 was taken, my vote failed to register. I would have voted yes.

Stephenson

Senate Committee Substitute

CSHB 885, A bill to be entitled An Act relating to the requirements for a junior college district to receive approval from the Texas Higher Education Coordinating Board to offer baccalaureate degree programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 130.307, Education Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b)  Except as provided by Subsection (b-1), a [A] public junior college may offer a baccalaureate degree program under this subchapter only if its junior college district:
(1)  had a taxable property valuation amount of not less than $6 billion in the preceding year; and
(2)  received a positive assessment of the overall financial health of the district as reported by the coordinating board.
(b-1)  The requirement of Subsection (b)(1) does not apply to a public junior college for the purpose of offering a baccalaureate degree program in nursing approved under Section 130.308 if its junior college district:
(1)  has a taxable property valuation amount of not less than $4 billion in the preceding year; and
(2)  does not have a four-year institution of higher education located in a county in which the district is located.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 547 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 547, A bill to be entitled An Act relating to authorizing equal opportunity for access by certain students to University Interscholastic League sponsored activities; authorizing a fee.

Representative Frank moved to concur in the senate amendments to HB 547.

The motion to concur in the senate amendments to HB 547 prevailed by (Record 1556): 80 Yeas, 63 Nays, 1 Present, not voting.

Yeas — Anchia; Anderson; Bernal; Bonnen; Buckley; Burrows; Cain; Campos; Capriglione; Cason; Cook; Craddick; Crockett; Davis; Deshotel; Dutton; Ellzey; Fierro; Frank; Gates; Gervin-Hawkins; Goldman; González, J.; Guillen; Harless; Harris; Hefner; Hinojosa; Howard; Huberty; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; King, P.; Klick; Krause; Leach; Lopez; Lozano; Lucio; Middleton; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Murphy; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Parker; Patterson; Paul; Perez; Raney; Raymond; Reynolds; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smithee; Stephenson; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; White; Wu; Zwiener.

Nays — Allen; Allison; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bowers; Bucy; Burns; Button; Clardy; Cole; Collier; Cortez; Cyrier; Darby; Dean; Dominguez; Frullo; Geren; González, M.; Goodwin; Guerra; Hernandez; Herrero; Holland; Hull; Hunter; Kacal; King, K.; King, T.; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Muñoz; Murr; Neave; Paddie; Price; Ramos; Rodriguez; Rogers; Romero; Rose; Sherman; Shine; Smith; Spiller; Stucky; Thompson, E.; Turner, J.; VanDeaver; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Biedermann; Canales; Vasut; Vo; Walle.

STATEMENTS OF VOTE

When Record No. 1556 was taken, I was in the house but away from my desk. I would have voted no.

Canales

When Record No. 1556 was taken, I was shown voting no. I intended to vote yes.

Cortez

When Record No. 1556 was taken, I was shown voting yes. I intended to vote no.

Rosenthal

When Record No. 1556 was taken, I was shown voting yes. I intended to vote no.

Toth

When Record No. 1556 was taken, I was in the house but away from my desk. I would have voted no.

Vasut

Senate Committee Substitute

CSHB 547, A bill to be entitled An Act relating to authorizing equal opportunity for access by non-enrolled students to University Interscholastic League sponsored activities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.0832 to read as follows:
Sec. 33.0832.  EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) In this section:
(1)  "League" means the University Interscholastic League.
(2)  "Non-enrolled student" means a student who receives instruction as described by Section 29.916(a)(1) from a nonpublic school.
(b)  Nothing in this section may be construed to affect the holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994), classifying home schools as private schools. The legislature finds that a home school is a private school for purposes of this section.
(c)  Except as provided by Subsection (i), a public school that participates in an activity sponsored by the league may provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school.
(d)  A non-enrolled student who seeks to participate or participates in a league activity on behalf of a school is subject to the following relevant policies that apply to students enrolled in the school:
(1)  registration for league activities;
(2)  age eligibility;
(3)  fees;
(4)  insurance;
(5)  transportation;
(6)  physical condition;
(7)  qualifications;
(8)  responsibilities;
(9)  event schedules;
(10)  standards of behavior; and
(11)  performance.
(e)  A non-enrolled student may only participate in a league activity for the school in the school district that the student would be eligible to attend based on the student's residential address. A non-enrolled student who seeks to participate in a league activity on behalf of a school shall be required to establish minimum proof of residency acceptable to the district in the same manner as an applicant to attend a school in the district under Section 25.001.
(f)  The parent or person standing in parental relation to a non-enrolled student is responsible for oversight of academic standards relating to the student's participation in a league activity. As a condition of eligibility to participate in a league activity during the first six weeks of a school year, a non-enrolled student must demonstrate grade-level academic proficiency on any nationally recognized, norm-referenced assessment instrument, such as the Iowa Test of Basic Skills, Stanford Achievement Test, California Achievement Test, or Comprehensive Test of Basic Skills. A non-enrolled student demonstrates the required academic proficiency by achieving a composite, core, or survey score that is within the average or higher than average range of scores, as established by the applicable testing service. For purposes of this subsection, a school district shall accept assessment results administered or reported by a third party.
(g)  A non-enrolled student's demonstration of academic proficiency under Subsection (f) is sufficient for purposes of that subsection for the school year in which the student achieves the required score and the subsequent school year.
(h)  After the first six weeks of a school year, the parent or person standing in parental relation to a non-enrolled student participating in a league activity on behalf of a public school must periodically, in accordance with the school's grading calendar, provide written verification to the school indicating that the student is receiving a passing grade in each course or subject being taught.
(i)  A non-enrolled student is not authorized by this section to participate in a league activity during the remainder of any school year during which the student was previously enrolled in a public school.
(j)  The league may not prohibit a non-enrolled student from participating in league activities in the manner authorized by this section.
(k)  With respect to a non-enrolled student's education program, nothing in this section shall be construed to permit an agency of this state, a public school district, or any other governmental body to exercise control, regulatory authority, or supervision over a non-enrolled student or a parent or person standing in parental relation to a non-enrolled student beyond the control, regulatory authority, or supervision required to participate in a league activity.
(l)  Subject only to eligibility requirements under this section for a non-enrolled student to participate in a league activity:
(1)  the curriculum or assessment requirements, performance standards, practices, or creed of the education program provided to a non-enrolled student may not be required to be changed in order for the non-enrolled student to participate in a league activity; and
(2)  for a non-enrolled student participating in an education program on January 1, 2021, the education program provided to that student may not be required to comply with any state law or agency rule relating to that education program unless the law or rule was in effect on January 1, 2021.
(m)  Notwithstanding any other law, a non-enrolled student who participates in a league activity under this section is subject to the immunization requirements and exceptions of Section 38.001 in the same manner as a public school student.
SECTION 2.  This Act applies beginning with the 2021-2022 school year.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 115 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 115, A bill to be entitled An Act relating to the exemption from ad valorem taxation of certain property owned by a charitable organization and used in providing housing and related services to certain homeless individuals.

Representative Rodriguez moved to concur in the senate amendments to HB 115.

The motion to concur in the senate amendments to HB 115 prevailed by (Record 1557): 140 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; 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, 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; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Cain; Murr; Schaefer; Shaheen; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Johnson, A.; Vasut; Walle.

STATEMENTS OF VOTE

When Record No. 1557 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1557 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

When Record No. 1557 was taken, I was in the house but away from my desk. I would have voted no.

Vasut

Senate Committee Substitute

CSHB 115, A bill to be entitled An Act relating to the exemption from ad valorem taxation of certain property owned by a charitable organization and used in providing housing and related services to certain homeless individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.18(p), Tax Code, is amended to read as follows:
(p)  The exemption authorized by Subsection (d)(23) applies only to property that:
(1)  is owned by a charitable organization that has been in existence for at least:
(A)  20 [12] years if the property is located in a county described by Subdivision (4)(A); or
(B)  two years if the property is located in a municipality described by Subdivision (4)(B);
(2)  is located on a tract of land that:
(A)  is at least 15 acres in size; and
(B)  was either:
(i)  owned by the organization on July 1, 2021; or
(ii)  acquired by donation and owned by the organization on January 1, 2023;
(3)  is used to provide permanent housing and related services to individuals described by that subsection; and
(4) [(3)]  is located [on or consists of a single campus] in:
(A)  a county [municipality] with a population of more than one million [750,000] and less than 1.5 million; or
(B)  a municipality with a population of more than 100,000 and less than 150,000 at least part of which is located in a county with a population of less than 5,000 [850,000 or within the extraterritorial jurisdiction of such a municipality].
SECTION 2.  This Act applies only to an ad valorem tax year that begins on or after the effective date of this Act.
SECTION 3.  This Act takes effect January 1, 2022.

HB 4346 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 4346, A bill to be entitled An Act relating to the possession, carrying, or transportation of a firearm or alcoholic beverage by certain persons during the use of an easement.

Representative Leman moved to concur in the senate amendments to HB 4346.

The motion to concur in the senate amendments to HB 4346 prevailed by (Record 1558): 119 Yeas, 24 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Middleton; Minjarez; Moody; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Reynolds; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; White; Wilson; Zwiener.

Nays — Allen; Anchia; Cole; Collier; Crockett; Dutton; González, J.; González, M.; Herrero; Hinojosa; Longoria; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Ortega; Ramos; Rodriguez; Romero; Rose; Rosenthal; Sherman; Turner, C.; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Johnson, J.D.; Perez; Vasut; Vo; Walle.

STATEMENTS OF VOTE

When Record No. 1558 was taken, I was shown voting yes. I intended to vote no.

Beckley

When Record No. 1558 was taken, I was in the house but away from my desk. I would have voted yes.

Vasut

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4346 (senate committee report) in SECTION 1 of the bill, immediately after added Section 5.020(a), Property Code (page 1, between lines 31 and 32), by adding the following new Subsection (b) and relettering existing subsections of Section 5.020 accordingly:
(b)  This section does not apply to a right-of-way easement for a pipeline, electric transmission line, or other utility.

HB 1172 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1172, A bill to be entitled An Act relating to the rights of victims of sexual assault or other prohibited sexual conduct.

Representative Howard moved to concur in the senate amendments to HB 1172.

The motion to concur in the senate amendments to HB 1172 prevailed by (Record 1559): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

Senate Committee Substitute

CSHB 1172, A bill to be entitled An Act relating to the rights of victims of sexual assault or other prohibited sexual conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Article 15.051, Code of Criminal Procedure, is amended to read as follows:
Art. 15.051.  [REQUIRING] POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED.
SECTION 2.  Article 15.051(a), Code of Criminal Procedure, is amended to read as follows:
(a)  A peace officer or an attorney representing the state may not require, request, or take a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
SECTION 3.  Article 56A.251(a), Code of Criminal Procedure, is amended to conform to Section 3, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
(a)  If [Except as provided by Subsection (b), if] a sexual assault is reported to a law enforcement agency within 120 [96] hours after the assault, the law enforcement agency, with the consent of the victim of the alleged assault, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services, shall request a forensic medical examination of the victim for use in the investigation or prosecution of the offense.
SECTION 4.  The heading to Subchapter H, Chapter 56A, Code of Criminal Procedure, is amended to read as follows:
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
SECTION 5.  Subchapter H, Chapter 56A, Code of Criminal Procedure, is amended by adding Article 56A.3515 to read as follows:
Art. 56A.3515.  PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW. (a) Before conducting an investigative interview with a victim reporting a sexual assault, other than a victim who is a minor as defined by Section 101.003, Family Code, the peace officer conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program, as defined by Section 420.003, Government Code, be present with the victim during the interview, if the advocate is available at the time of the interview. The advocate must have completed a sexual assault training program described by Section 420.011(b), Government Code.
(b)  If an advocate described by Subsection (a) is not available at the time of the interview, the peace officer conducting the interview shall offer the victim the opportunity to have a crime victim liaison from the law enforcement agency, a peace officer who has completed a sexual assault training program described by Section 420.011(b), Government Code, or a victim's assistance counselor from a state or local agency or other entity be present with the victim during the interview.
(b-1)  The peace officer conducting an investigative interview described by Subsection (a) shall make a good faith effort to comply with Subsections (a) and (b), except that the officer's compliance with those subsections may not unreasonably delay or otherwise impede the interview process.
(c)  An advocate, liaison, officer, or counselor authorized to be present during an interview under this article may only provide the victim reporting the sexual assault with:
(1)  counseling and other support services; and
(2)  information regarding the rights of crime victims under Subchapter B.
(d)  The advocate, liaison, officer, or counselor and the sexual assault program or other entity providing the advocate, liaison, officer, or counselor may not delay or otherwise impede the interview process.
(e)  A sexual assault program providing an advocate under Subsection (a) shall pay all costs associated with providing the advocate. An entity providing a victim's assistance counselor under Subsection (b) shall pay all costs associated with providing the counselor.
(f)  A peace officer or law enforcement agency that provides an advocate, liaison, officer, or counselor with access to a victim reporting a sexual assault is not subject to civil or criminal liability for providing that access.
SECTION 6.  Article 56A.352, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsection (b-1) to read as follows:
(b)  If a victim alleging to have sustained injuries as the victim of a sexual assault was confined in a penal institution at the time of the alleged assault, the penal institution shall provide, at the victim's request, a representative to be present with the victim:
(1)  at any forensic medical examination conducted for the purpose of collecting and preserving evidence related to the investigation or prosecution of the alleged assault; and
(2)  during an investigative interview conducted by a peace officer in relation to the investigation of the alleged assault.
(b-1)  The representative provided by the penal institution under Subsection (b) must:
(1)  be approved by the penal institution; and
(2)  be a:
(A)  psychologist;
(B)  sociologist;
(C)  chaplain;
(D)  social worker;
(E)  case manager; or
(F)  volunteer who has completed a sexual assault training program described by Section 420.011(b), Government Code.
(d)  A representative may not delay or otherwise impede:
(1)  the screening or stabilization of an emergency medical condition; or
(2)  the interview process.
SECTION 7.  The following provisions of the Code of Criminal Procedure are repealed:
(1)  Articles 15.051(b) and (c); and
(2)  Article 56A.251(b).
SECTION 8.  To the extent of any conflict, this Act prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 9.  This Act takes effect September 1, 2021.

HB 1925 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1925, A bill to be entitled An Act relating to prohibitions on camping in a public place and to a political subdivision's designation of property for camping by homeless individuals; creating a criminal offense.

HB 1925 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE WU: Just to be clear, this legislation as it is now does not affect cities that already have an existing camping ban. Is that fair?

REPRESENTATIVE CAPRIGLIONE: That is at least as strong as what's in this new statewide bill.

WU: So for example, the City of Houston and the City of San Antonio both have, I would say, pretty strong camping bans but also have existing homelessness programs that help move veterans and other people into shelters and provide them with some relief. Those places would not be affected, correct?

CAPRIGLIONE: The one thing that we want to absolutely make sure is that those wraparound services that exist today are there and that we add additional wraparound services. To the extent that they're not in conflict with this, if there are other wraparound services or rules or ordinances that are as strong as this legislation, then those would not be affected.

WU: And just to be absolutely clear, it is not your legislative intent that this legislation would allow the AG's office to sue those cities if they have existing ordinances that are as strong as you intend in this bill.

CAPRIGLIONE: If those ordinances in the city are at least as strong as those items that are listed here, then we appreciate those cities doing that.

REMARKS ORDERED PRINTED

Representative Wu moved to print remarks between Representative Capriglione and Representative Wu on HB 1925.

The motion prevailed.

Representative Capriglione moved to concur in the senate amendments to HB 1925.

The motion to concur in the senate amendments to HB 1925 prevailed by (Record 1560): 101 Yeas, 45 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hull; Hunter; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Metcalf; Meyer; Middleton; Minjarez; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson.

Nays — Allen; Anchia; Beckley; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Howard; Israel; Johnson, A.; Lucio; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Sherman; Talarico; Turner, C.; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Johnson, J.D.; Walle.

STATEMENTS OF VOTE

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Bernal

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Gervin-Hawkins

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Guerra

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Minjarez

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Rosenthal

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1925 (senate committee report) as follows:
(1)  In SECTION 2 of the bill, in added Section 2306.1123(b), Government Code (page 2, line 61), strike "required by Section 2306.1122" and substitute "submitted for approval under this subchapter".
(2)  In SECTION 2 of the bill, immediately following added Section 2306.1123, Government Code (page 3, between lines 7 and 8), insert the following:
Sec. 2306.1124.  APPROVAL OF CERTAIN PROPERTY PROHIBITED. The department may not approve a plan described by Section 2306.1123(b) if the department determines that a property proposed under the plan is a public park.
(3)  Strike SECTION 4 of the bill, adding transition language (page 3, lines 55 through 62), and substitute the following:
SECTION 4.  (a) Except as provided by Subsection (b) of this section:
(1)  Subchapter PP, Chapter 2306, Government Code, as added by this Act, applies only to the designation and use of property described by that subchapter that first begins on or after the effective date of this Act; and
(2)  the designation and use of property described by Subchapter PP, Chapter 2306, Government Code, as added by this Act, that first began before the effective date of this Act is governed by the law in effect when the designation and use first began, and the former law is continued in effect for that purpose.
(b)  Subchapter PP, Chapter 2306, Government Code, as added by this Act, applies to a public park, as described by Section 2306.1124, Government Code, as added by this Act, regardless of the date that the public park was first designated by a political subdivision to be used by homeless individuals to camp.
(c)  A political subdivision that designated a property to be used by homeless individuals to camp before the effective date of this Act may apply on or after that date for approval of a plan under Subchapter PP, Chapter 2306, Government Code, as added by this Act.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 1925 (senate committee report) by striking the following and renumbering subsequent SECTIONS of the bull accordingly: Section 1. Chapter 48, Penal Code, is amended as follows:
(1)   Strike "arrests or" in Sec. 48.05 of the bill (page 2, line 14.

HB 3897 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 3897, A bill to be entitled An Act relating to fees levied by municipalities and counties for alcoholic beverage permits and licenses.

Representative S. Thompson moved to concur in the senate amendments to HB 3897.

The motion to concur in the senate amendments to HB 3897 prevailed by (Record 1561): 114 Yeas, 31 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; 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, P.; King, T.; Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

Nays — Biedermann; Bonnen; Cain; Capriglione; Cason; Cook; Goldman; Harris; Hefner; Klick; Krause; Landgraf; Metcalf; Middleton; Murr; Oliverson; Patterson; Price; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Davis; Hull; Walle.

STATEMENTS OF VOTE

When Record No. 1561 was taken, I was shown voting yes. I intended to vote no.

C. Bell

When Record No. 1561 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1561 was taken, my vote failed to register. I would have voted yes.

Hull

When Record No. 1561 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 1561 was taken, I was shown voting yes. I intended to vote no.

Leman

Senate Committee Substitute

CSHB 3897, A bill to be entitled An Act relating to fees levied by municipalities and counties for certain alcoholic beverage licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 61.36, Alcoholic Beverage Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)  The fee authorized by Subsection (a) for a brewer's license or a brewer's self-distribution license may not exceed 50 percent of the fee set by rule for the license.
SECTION 2.  This Act takes effect September 1, 2021.

HB 18 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 18, A bill to be entitled An Act relating to establishment of the prescription drug savings program for certain uninsured individuals.

Representative Oliverson moved to concur in the senate amendments to HB 18.

The motion to concur in the senate amendments to HB 18 prevailed by (Record 1562): 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, 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — González, J.; Walle.

STATEMENT OF VOTE

When Record No. 1562 was taken, my vote failed to register. I would have voted yes.

J. González

Senate Committee Substitute

CSHB 18, A bill to be entitled An Act relating to establishment of the prescription drug savings program for certain uninsured individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  SHORT TITLE. This Act shall be known as "Texas Cares."
SECTION 2.  PRESCRIPTION DRUG SAVINGS PROGRAM. Subtitle C, Title 2, Health and Safety Code, is amended by adding Chapter 65 to read as follows:
CHAPTER 65. PRESCRIPTION DRUG SAVINGS PROGRAM FOR CERTAIN UNINSURED INDIVIDUALS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 65.001.  DEFINITIONS. In this chapter:
(1)  "Enrollee" means an individual enrolled in the program.
(2)  "Fund" means the trust fund established under Section 65.101.
(3)  "Pharmacy benefit manager" has the meaning assigned by Section 4151.151, Insurance Code.
(4)  "Prescription drug" has the meaning assigned by Section 551.003, Occupations Code.
(5)  "Program" means the prescription drug savings program established under this chapter.
(6)  "Uninsured individual" means an individual without health benefit plan coverage for a prescription drug benefit.
Sec. 65.002.  CONSTRUCTION OF CHAPTER; PURPOSE. (a) This chapter does not establish an entitlement to assistance in obtaining benefits for uninsured individuals.
(b)  The purpose of this chapter is to establish a program to provide uninsured individuals access to prescription drug benefits using money from the fund to pay an amount equal to the value of a prescription drug rebate at the point of sale and returning that rebate amount to the fund to ensure the amounts credited to the fund equal the amounts paid from the fund.
(c)  This chapter does not expand the Medicaid program.
Sec. 65.003.  RULES. The executive commissioner shall adopt rules as necessary to implement this chapter.
SUBCHAPTER B. ESTABLISHMENT AND ADMINISTRATION OF PRESCRIPTION DRUG SAVINGS PROGRAM
Sec. 65.051.  ESTABLISHMENT OF PROGRAM. (a) The commission shall develop and design a prescription drug savings program that partners with a pharmacy benefit manager to offer prescription drugs at a discounted rate to uninsured individuals.
(b)  In developing and implementing the program, the commission shall ensure the program benefits do not include prescription drugs used for the elective termination of a pregnancy.
(c)  The executive commissioner shall ensure the program is designed to provide the greatest possible value to uninsured individuals served by the program, while considering the adequacy of the prescription drug formulary, net costs of the drugs to enrollees, cost to the state, and other important factors determined by the commission.
Sec. 65.052.  GENERAL POWERS AND DUTIES OF COMMISSION RELATED TO PROGRAM. (a) The commission shall oversee the implementation of the program and coordinate the activities of each state agency involved in that implementation.
(b)  The commission shall design the program to be cost neutral by collecting prescription drug rebates after using money in the fund in amounts equal to the rebate amounts to purchase prescription drugs.
(c)  The commission shall develop procedures for accepting applications for program enrollment, including a process to:
(1)  determine eligibility, screening, and enrollment procedures that allow applicants to self attest to the extent authorized by federal law; and
(2)  resolve disputes related to eligibility determinations.
(d)  The commission shall publish on an Internet website all average consumer costs for each prescription drug available through the program.
(e)  The commission and the contracted pharmacy benefit manager shall integrate manufacturer and other third-party patient assistance programs into the program to the extent feasible. A manufacturer or other third party may decline to link the manufacturer's or third party's patient assistance program to the program. The commission shall give preference to integrating patient assistance programs by listing information on those patient assistance programs in a central location on the Internet website described by Subsection (d) that directs patients to those patient assistance programs as appropriate.
(f)  The commission shall ensure the program has access to an adequate pharmacy network and give preference to conducting the program using a state pharmaceutical assistance program.
(g)  The commission is not required to enter into stand-alone contracts under this chapter. The commission may add the program, wholly or partly, to existing contracts to increase efficiency.
Sec. 65.053.  PHARMACY BENEFIT MANAGER CONTRACT, MONITORING, AND REPORTING REQUIREMENTS. (a) The commission shall contract with a pharmacy benefit manager to provide discounted prescription drugs to enrollees under the program.
(b)  The commission shall monitor through reporting or other methods the contracted pharmacy benefit manager to ensure performance under the contract and quality delivery of services.
(c)  The contracted pharmacy benefit manager shall report to the commission on the commission's request information related to the program, including information on rebate amounts, prescription drug rates contracted with pharmacies, administrative costs, and out-of-pocket costs paid by enrollees at the point of sale of the prescription drugs.
Sec. 65.054.  CONTRACT FUNCTIONS. (a) The commission may contract with a third-party administrator or other entity to perform any or all program functions for the commission under this chapter.
(b)  A third-party administrator or other entity may perform tasks under a contract entered into under Subsection (a) that would otherwise be performed by the commission.
Sec. 65.055.  COMMUNITY OUTREACH CAMPAIGN. The commission shall conduct or contract to conduct a community outreach and education campaign in the form and manner determined by the commission to provide information on the program's availability to eligible individuals.
SUBCHAPTER C. TRUST FUND; PROGRAM SUSPENSION
Sec. 65.101.  ESTABLISHMENT OF FUND. (a) A trust fund is established outside the state treasury for the purposes of this chapter.
(b)  The fund consists of:
(1)  gifts, grants, and donations received by this state for the purposes of the fund;
(2)  legislative appropriations of money for the purposes of this chapter;
(3)  federal money available to this state that by law may be used for the purposes of this chapter; and
(4)  interest, dividends, and other income of the fund.
(c)  The commission shall administer the fund as trustee for the benefit of the program established by this chapter.
(d)  Money in the fund may be used only to administer the program and provide program services.
(e)  The commission shall ensure money spent from the fund to assist enrollees in purchasing prescription drugs is cost neutral after collecting the prescription drug rebates under the program.
(f)  The commission may solicit and accept gifts, grants, and donations for the fund.
Sec. 65.102.  SUFFICIENT FUNDING REQUIRED. Notwithstanding any other provision of this chapter, the commission is not required to implement the program unless money is provided and by law made available for deposit to the credit of the fund.
Sec. 65.103.  SUSPENSION OF PROGRAM. On the fourth anniversary of the date the program is established, the commission shall suspend the program and seek legislative approval to continue the program unless the ongoing costs of administering the program are fully funded through enrollee cost sharing.
SUBCHAPTER D. PROGRAM ELIGIBILITY AND ENROLLEE REQUIREMENTS
Sec. 65.151.  ELIGIBILITY CRITERIA. (a) Except as provided by Subsection (b), an individual is eligible for benefits under the program if the individual is:
(1)  a resident of this state;
(2)  a citizen or lawful permanent resident of the United States; and
(3)  uninsured, as determined by the commission.
(b)  If the commission determines necessary, the commission may consider an applicant's financial vulnerability as an additional factor for determining program eligibility.
Sec. 65.152.  COST SHARING. (a) To the extent necessary, the commission shall require enrollees to share the cost of the program, including requiring enrollees to pay a copayment at the point of sale of a prescription drug.
(b)  The commission must:
(1)  allow an enrollee to pay all or part of the enrollee's share from any source the enrollee selects; and
(2)  accept another assistance program if that assistance program wholly or partly covers the enrollee share of the prescription drug cost.
(c)  The commission shall require an enrollee to pay a copayment to compensate the pharmacy, pharmacy benefit manager, and commission for the costs of administering the program in accordance with Subsection (d) and under the methodology determined by the commission.
(d)  Enrollees shall pay the costs of ongoing administration of the program through an additional charge at the point of sale of an eligible prescription drug only if the total number of enrollees in the program allows for the additional charge to be an amount not to exceed the lesser of:
(1)  an amount similar to the amount charged for a prescription drug in other state pharmaceutical assistance programs administered by the commission; or
(2)  10 percent of the total amount charged at the point of sale for the prescription drug.
SUBCHAPTER E. OPERATION OF PROGRAM
Sec. 65.201.  PROGRAM BENEFITS. The commission must approve program benefits offered under this chapter. The commission shall ensure the benefits comply with all applicable federal and state laws, rules, and regulations.
Sec. 65.202.  REPORTING. (a) A third-party administrator, pharmacy benefit manager, or any other entity the commission contracts with under Section 65.054 shall report to the commission in the form and manner prescribed by the commission on the benefits and services provided under the program.
(b)  The commission shall establish a procedure to monitor the provision of benefits and services under this chapter.
Sec. 65.203.  FRAUD PREVENTION. The executive commissioner by rule shall develop and implement fraud prevention and detection for pharmacy benefit managers, contracted third parties, and other entities involved in the program.
Sec. 65.204.  ANNUAL PROGRAM REPORTS. Not later than December 1 of each year, the commission shall provide a written report to the governor, lieutenant governor, speaker of the house of representatives, and standing committees of the legislature with primary jurisdiction over the program. The report must include:
(1)  a line-item list of all program administrative costs incurred by the commission;
(2)  the amount of the pharmacy benefit manager and third-party administrator fees;
(3)  the aggregate amounts of rebates anticipated and received for the program; and
(4)  other program expenditures as the commission determines appropriate.
SECTION 3.  INSULIN STUDY. (a) In this section, "commission" means the Health and Human Services Commission.
(b)  The commission shall conduct a study on the development and implementation of the prescription drug savings program established by Chapter 65, Health and Safety Code, as added by this Act, in providing post-rebate insulin to enrollees. The commission shall determine the effectiveness of the program in providing insulin-related services to uninsured individuals in this state and any legislative recommendations for improvements to the program.
(c)  Not later than February 14, 2023, the commission shall provide a written report of the results of the study conducted under Subsection (b) of this section to the governor, lieutenant governor, speaker of the house of representatives, and members of the standing committees of the legislature with primary jurisdiction over the commission. The study must include at least six months of information on use by and cost to enrollees for prescription insulin.
SECTION 4.  GENERAL STUDY. (a) In this section, "commission" means the Health and Human Services Commission.
(b)  The commission shall conduct a study on the development and implementation of the prescription drug savings program established by Chapter 65, Health and Safety Code, as added by this Act, in providing to enrollees all of the post-rebate formulary of prescription drugs. The commission shall determine the effectiveness of the program in providing prescription drug-related services to uninsured individuals in this state and any legislative recommendations for improvements to the program.
(c)  Not later than February 14, 2025, the commission shall provide a written report on the results of the study conducted under Subsection (b) of this section to the governor, lieutenant governor, speaker of the house of representatives, and standing committees of the legislature with primary jurisdiction over the commission. The study must include at least one year of information on use by and cost to enrollees for all of the formulary of prescription drugs.
SECTION 5.  TRANSITION. (a) The Health and Human Services Commission is not required to submit the initial report under Section 65.204, Health and Safety Code, as added by this Act, until December 1, 2022.
(b)  The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the Health and Human Services Commission may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 6.  RULES. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission and any other state agency designated by the executive commissioner shall adopt rules necessary to implement Chapter 65, Health and Safety Code, as added by this Act.
SECTION 7.  EFFECTIVE DATE. This Act takes effect September 1, 2021.

HB 1371 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1371, A bill to be entitled An Act relating to the continuation of the Trade Agricultural Inspection Grant Program.

Representative Guerra moved to concur in the senate amendments to HB 1371.

The motion to concur in the senate amendments to HB 1371 prevailed by (Record 1563): 119 Yeas, 21 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; 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; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Slaton; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Bonnen; Cain; Cook; Harris; Hefner; Krause; Landgraf; Middleton; Murr; Patterson; Sanford; Schaefer; Schofield; Shaheen; Slawson; Smith; Spiller; Swanson; Tinderholt; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Ashby; Beckley; Crockett; Johnson, J.E.; Kacal; Ramos; Thompson, S.; Walle.

STATEMENTS OF VOTE

When Record No. 1563 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1563 was taken, I was shown voting yes. I intended to vote no.

Hull

Senate Committee Substitute

CSHB 1371, A bill to be entitled An Act relating to the continuation of the Trade Agricultural Inspection Grant Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 12.050(k) and (l), Agriculture Code, are amended to read as follows:
(k)  Not later than January 15, 2025 [2021], the department shall evaluate the performance of the program under this section and submit a report to the legislature. The report must include an evaluation of agricultural inspections affected by the program, including the extent to which the program is reducing wait times for agricultural inspections of vehicles at ports of entry along the border with the United Mexican States.
(l)  Unless continued in existence by the legislature, this section expires September 1, 2025 [2021].
SECTION 2.  The Department of Agriculture is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the department may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 3932 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3932, A bill to be entitled An Act relating to the establishment of the State Advisory Council on Educational Opportunity for Military Children.

Representative Bernal moved to concur in the senate amendments to HB 3932.

The motion to concur in the senate amendments to HB 3932 prevailed by (Record 1564): 117 Yeas, 27 Nays, 1 Present, not voting.

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

Nays — Bell, C.; Biedermann; Cain; Cason; Cook; Cyrier; Dean; Goldman; Hefner; Krause; Landgraf; Middleton; Murr; Noble; Oliverson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Spiller; Swanson; Tinderholt; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Burrows; Harris; Leach; Walle.

STATEMENTS OF VOTE

When Record No. 1564 was taken, I was shown voting no. I intended to vote yes.

Goldman

When Record No. 1564 was taken, I was shown voting yes. I intended to vote no.

Hull

When Record No. 1564 was taken, I was shown voting yes. I intended to vote no.

Sanford

Senate Committee Substitute

CSHB 3932, A bill to be entitled An Act relating to the establishment of the State Advisory Council on Educational Opportunity for Military Children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 162.001, Education Code, is amended by adding Subdivision (3) to read as follows:
(3)  "State Advisory Council" means the State Advisory Council on Educational Opportunity for Military Children established under Section 162.006.
SECTION 2.  Chapter 162, Education Code, is amended by adding Section 162.006 to read as follows:
Sec. 162.006.  STATE ADVISORY COUNCIL AND COORDINATION. (a) The compact commissioner, in coordination with the Texas Education Agency, shall establish the State Advisory Council on Educational Opportunity for Military Children to provide for coordination among state agencies, school districts, and military installations concerning the state's participation in and compliance with the compact and compact activities, as required by Article VIII of the compact.
(b)  The State Advisory Council consists of:
(1)  the commissioner of education or the commissioner's designee;
(2)  a superintendent of a school district with a high concentration of military children designated by the agency;
(3)  the governor or the governor's designee;
(4)  the chair of the senate committee on education or the chair's designee;
(5)  the chair of the house of representatives committee on public education or the chair's designee;
(6)  a representative from each branch of the armed services of the United States that maintains an installation in the state, appointed by each respective branch; and
(7)  representatives of other offices and stakeholder groups the agency deems appropriate.
(c)  Members of the State Advisory Council may delegate voting authority to another person for a specified meeting or meetings.
(d)  Meetings of the State Advisory Council may be conducted face-to-face or by telephone or other means of telecommunication or electronic communication.
(e)  The State Advisory Council shall:
(1)  meet at least quarterly; and
(2)  provide State Advisory Council meeting dates, agendas, minutes, end-of-year reports, and other documentation as required to the Military Interstate Children's Compact Commission.
(f)  The State Advisory Council shall perform each function or duty required or authorized under Article VIII of the compact.
(g)  The State Advisory Council shall establish policies and procedures governing the State Advisory Council's operations.
(h)  The State Advisory Council is a governmental body for purposes of Chapter 551, Government Code.
SECTION 3.  Section 162.005, Education Code, is repealed.
SECTION 4.  This Act takes effect September 1, 2021.

HB 2237 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2237, A bill to be entitled An Act relating to mechanic's, contractor's, or materialman's liens.

Representative Burrows moved to concur in the senate amendments to HB 2237.

The motion to concur in the senate amendments to HB 2237 prevailed by (Record 1565): 141 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; 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, 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; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu.

Nays — Beckley.

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

Absent, Excused — Coleman.

Absent — Anchia; Bowers; Johnson, A.; Stucky; Walle.

STATEMENTS OF VOTE

When Record No. 1565 was taken, I was shown voting no. I intended to vote yes.

Beckley

When Record No. 1565 was taken, my vote failed to register. I would have voted yes.

Bowers

When Record No. 1565 was taken, I was in the house but away from my desk. I would have voted yes.

Stucky

Senate Committee Substitute

CSHB 2237, A bill to be entitled An Act relating to mechanic's, contractor's, or materialman's liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 3503.051(3), Insurance Code, is amended to read as follows:
(3)  "Notice of claim" means a written notification by a claimant who makes a claim for payment from the surety company. The term does not include a routine statutory notice required by Section 53.056 or [53.056(b),] 53.057, [53.058, 53.252(b), or 53.253,] Property Code, or Section 2253.047, Government Code.
SECTION 2.  Section 53.001, Property Code, is amended by amending Subdivisions (2), (3), (4), (8), (11), (13), and (14) and adding Subdivision (7-a) to read as follows:
(2)  "Improvement" includes:
(A)  a house, building, structure, parking structure, physical appurtenance, pool, utility, railroad, well, storage facility, abutting sidewalks and streets, [and] utilities in or on those sidewalks and streets, land reclaimed from overflow, and other fixtures or modifications to real property;
(B)  clearing, grubbing, draining, or fencing of land;
(C)  machinery or apparatuses used for raising water or for supplying or storing water for stock, domestic use, or irrigation [wells, cisterns, tanks, reservoirs, or artificial lakes or pools made for supplying or storing water];
(D)  work described by Section 53.021(4) [pumps, siphons, and windmills or other machinery or apparatuses used for raising water for stock, domestic use, or irrigation]; and
(E)  a design, drawing, plan, plat, survey, or specification provided by a licensed architect, engineer, or surveyor [planting orchard trees, grubbing out orchards and replacing trees, and pruning of orchard trees].
(3)  "Labor" means:
(A)  labor used in the direct performance [prosecution] of the work; or
(B)  a professional service used in the direct preparation for the work of a design, drawing, plan, plat, survey, or specification.
(4)  "Material" means all or part of:
(A)  the material, machinery, fixtures, or tools:
(i)  incorporated into the work;
(ii)  used [, consumed] in the direct performance [prosecution] of the work;
(iii)  specially fabricated for an improvement; [,] or
(iv)  ordered and delivered for incorporation or use [consumption];
(B)  rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct performance [prosecution] of the work at the site of the construction or repair; or
(C)  power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct performance [prosecution] of the work.
(7-a)  "Purported original contractor" means an original contractor who can effectively control the owner or is effectively controlled by the owner through common ownership of voting stock or ownership interests, interlocking directorships, common management, or otherwise, or who was engaged by the owner for the construction or repair of improvements without a good faith intention of the parties that the purported original contractor was to perform under the contract. For purposes of this subdivision, the term "owner" does not include a person who has or claims a security interest only.
(8)  "Residence" means the real property and improvements for a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes in which title to the individual units is transferred to the owners under a condominium or cooperative system that is:
(A)  owned by one or more adult persons; and
(B)  used or intended to be used as a dwelling by one of the owners.
(11)  "Retainage" means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. [The term does not include retainage under Subchapter E.]
(13)  "Subcontractor" means a person who labors or has furnished labor or materials to fulfill an obligation to an original contractor or to a subcontractor of any tier to perform all or part of the work required by an original contract.
(14)  "Work" means any part of construction or repair of an improvement performed under an original contract.
SECTION 3.  Section 53.003, Property Code, is amended by amending Subsections (b) and (c) and adding Subsection (e) to read as follows:
(b)  Except as provided by Subsection (c) or (d), any [Any] notice or other written communication required by this chapter must [may] be delivered:
(1)  in person to the party entitled to the notice or to that party's agent;
(2)  by certified mail; or
(3)  by any other form of traceable, private delivery or mailing service that can confirm proof of receipt[, regardless of the manner prescribed by law].
(c)  If notice is sent by [registered or] certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement. This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed.
(e)  In computing the period of days in which to provide a notice or to take any action required under this chapter, if the last day of the period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
SECTION 4.  Section 53.021, Property Code, is amended to read as follows:
Sec. 53.021.  PERSONS ENTITLED TO LIEN. [(a)] A person has a lien if[:
[(1)]  the person, under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor:
(1)  labors[, specially fabricates material,] or furnishes labor or materials for construction or repair of an improvement; [in this state of:
[(A)     a house, building, or improvement;
[(B)     a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or
[(C)     a railroad; and]
(2)  [the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor.
[(b)     A person who] specially fabricates material, [has a lien] even if the material is not delivered;
(3)  is a licensed [.
[(c)     An] architect, engineer, or surveyor providing services to prepare a design, drawing, [who prepares a] plan, [or] plat, survey, or specification;
(4)  [under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property has a lien on the property.
[(d)     A person who] provides labor, plant material, or other supplies for the installation of landscaping for an [a house, building, or] improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation; or
(5)  [, under or by virtue of a written contract with the owner or the owner's agent, contractor, subcontractor, trustee, or receiver has a lien on the property.
[(e)     A person who] performs labor as part of, or [who] furnishes labor or materials for, the demolition of an improvement [a structure] on real property [under or by virtue of a written contract with the owner of the property or the owner's agent, trustee, receiver, contractor, or subcontractor has a lien on the property].
SECTION 5.  Sections 53.022(a), (c), and (d), Property Code, are amended to read as follows:
(a)  The lien extends to the [house, building, fixtures, or] improvements [, the land reclaimed from overflow, or the railroad and all of its properties,] and to each lot of land necessarily connected [or reclaimed].
(c)  A lien against land in a city, town, or village extends to each lot on which the [house, building, or] improvement is situated or on which the labor was performed.
(d)  A lien against land not in a city, town, or village extends to not more than 50 acres on which the [house, building, or] improvement is situated or on which the labor was performed.
SECTION 6.  Section 53.023, Property Code, is amended to read as follows:
Sec. 53.023.  PAYMENT SECURED BY LIEN. The lien secures payment for:
(1)  the labor done or material furnished for the construction, [or] repair, design, survey, or demolition; or
(2)  the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value[; or
[(3)     the preparation of a plan or plat by an architect, engineer, or surveyor in accordance with Section 53.021(c)].
SECTION 7.  Section 53.026(a), Property Code, is amended to read as follows:
(a)  A person who labors[, specially fabricates materials,] or furnishes labor or materials under a direct contractual relationship with a purported original contractor [another person] is considered to be [in direct contractual relationship with the owner and has a lien as] an original contractor for purposes of perfecting a mechanic's lien [, if:
[(1)     the owner contracted with the other person for the construction or repair of a house, building, or improvements and the owner can effectively control that person through ownership of voting stock, interlocking directorships, or otherwise;
[(2)     the owner contracted with the other person for the construction or repair of a house, building, or improvements and that other person can effectively control the owner through ownership of voting stock, interlocking directorships, or otherwise; or
[(3)     the owner contracted with the other person for the construction or repair of a house, building, or improvements and the contract was made without good faith intention of the parties that the other person was to perform the contract].
SECTION 8.  Section 53.052, Property Code, is amended to read as follows:
Sec. 53.052.  FILING OF AFFIDAVIT. (a) An original contractor claiming the lien must file an affidavit with the county clerk:
(1)  for projects other than residential construction projects, not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned; or
(2)  for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned.
(b)  Except as provided by Subsection (c) or (d) [(b)], a claimant other than an original contractor [the person] claiming the lien must file an affidavit with the county clerk [of the county in which the property is located or into which the railroad extends] not later than the 15th day of the fourth [calendar] month after the later of:
(1)  the month the claimant last provided labor or materials; or
(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered [day on which the indebtedness accrues].
(c) [(b)]  A claimant other than an original contractor [person] claiming a lien arising from a residential construction project must file an affidavit with the county clerk [of the county in which the property is located] not later than the 15th day of the third [calendar] month after the later of:
(1)  the month the claimant last provided labor or materials; or
(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
(d)  A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.
(e)  An affidavit under this chapter must be filed in the county where the improvements are located [day on which the indebtedness accrues].
[(c)] The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.
SECTION 9.  Section 53.055(a), Property Code, is amended to read as follows:
(a)  A person who files an affidavit must send a copy of the affidavit [by registered or certified mail] to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.
SECTION 10.  The heading to Section 53.056, Property Code, is amended to read as follows:
Sec. 53.056.  DERIVATIVE CLAIMANT: NOTICE TO OWNER AND [OR] ORIGINAL CONTRACTOR.
SECTION 11.  Section 53.056, Property Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a)  Except as provided by Section 53.057 [Subchapter K], a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) [this section] for the lien to be valid.
(a-1)  For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent:
(1)  for projects other than residential construction projects, not later than the 15th day of the third month after the month during which:
(A)  the labor or materials were provided; or
(B)  the undelivered specially fabricated materials would normally have been delivered; or
(2)  for residential construction projects, not later than the 15th day of the second month after the month during which:
(A)  the labor or materials were provided; or
(B)  the undelivered specially fabricated materials would normally have been delivered.
(a-2)  The notice must be in substantially the following form:
"NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS
"WARNING: This notice is provided to preserve lien rights.
"Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
"Date:_______________
"Project description and/or address: _______________
"Claimant's name: _______________
"Type of labor or materials provided: _______________
"Original contractor's name: _______________
"Party with whom claimant contracted if different from original contractor: _______________
"Claim amount: _______________
"_______________ (Claimant's contact person)
"_______________ (Claimant's address)"
(a-3)  The notice may include an invoice or billing statement.
(a-4)  A claimant may give to the original contractor a written notice of an unpaid labor or materials invoice that is past due. A notice under this subsection is not required for a lien to be valid.
SECTION 12.  The heading to Section 53.057, Property Code, is amended to read as follows:
Sec. 53.057.  DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID [CONTRACTUAL] RETAINAGE [CLAIM].
SECTION 13.  Section 53.057, Property Code, is amended by amending Subsections (a) and (f) and adding Subsections (a-1), (a-2), and (a-3) to read as follows:
(a)  To the extent that a claim for unpaid retainage is not included wholly or partly in a notice provided under Section 53.056, a claimant other than an original contractor whose contract provides for retainage must [A claimant may] give notice under this section for a lien for unpaid retainage to be valid [instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is to labor, furnish labor or materials, or specially fabricate materials, or has labored, furnished labor or materials, or specially fabricated materials, under an agreement with an original contractor or a subcontractor providing for retainage].
(a-1)  The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of:
(1)  the 30th day after the date the claimant's contract is completed, terminated, or abandoned; or
(2)  the 30th day after the date the original contract is terminated or abandoned.
(a-2)  The notice must be in substantially the following form:
"NOTICE OF CLAIM FOR UNPAID RETAINAGE
"WARNING: This notice is provided to preserve lien rights.
"Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
"Date:________________
"Project description and/or address: ________________
"Claimant's name: ________________
"Type of labor or materials provided: ________________
"Original contractor's name: ________________
"Party with whom claimant contracted if different from original contractor: ________________
"Total retainage unpaid: ________________
"________________ (Claimant's contact person)
"________________ (Claimant's address)"
(a-3)  The notice may include an invoice or billing statement.
(f)  A claimant has a lien on, and the owner is personally liable to the claimant for, the reserved [retained] funds under Subchapter E if the claimant:
(1)  gives notice in accordance with this section and:
(A)  complies with Subchapter E; or
(B)  files an affidavit claiming a lien not later than [the earliest of:
[(i)]  the date required for filing an affidavit under the applicable provision of Section 53.052[;
[(ii)     the 40th day after the date stated in an affidavit of completion as the date of completion of the work under the original contract, if the owner sent the claimant notice of an affidavit of completion in the time and manner required;
[(iii)     the 40th day after the date of termination or abandonment of the original contract, if the owner sent the claimant a notice of such termination or abandonment in the time and manner required; or
[(iv)     the 30th day after the date the owner sent to the claimant to the claimant's address provided in the notice for contractual retainage, as required under Subsection (c), a written notice of demand for the claimant to file the affidavit claiming a lien]; and
(2)  gives the notice of the filed affidavit as required by Section 53.055.
SECTION 14.  Sections 53.081(a) and (b), Property Code, are amended to read as follows:
(a)  If an owner receives notice under Section 53.056 or [,] 53.057, [53.058, 53.252, or 53.253,] the owner may withhold from payments to the original contractor an amount necessary to pay the claim for which he receives notice. The withholding may be in addition to any reserved funds.
(b)  If notice is sent under [in a form that substantially complies with] Section 53.056 [or 53.252], the owner may withhold the funds immediately on receipt of the notice.
SECTION 15.  Section 53.082, Property Code, is amended to read as follows:
Sec. 53.082.  TIME FOR WHICH FUNDS ARE WITHHELD. Unless [payment is made under Section 53.083 or] the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be invalid by a final judgment of a court, the owner shall retain the funds withheld until:
(1)  the time for filing the affidavit of mechanic's lien has passed; or
(2)  if a lien affidavit has been filed, [until] the lien claim has been satisfied or released.
SECTION 16.  Section 53.084, Property Code, is amended to read as follows:
Sec. 53.084.  OWNER'S LIABILITY. (a) Except for the amount the owner fails to reserve [required to be retained] under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter.
(b)  If the owner has received a notice [the notices] required by Section 53.056 or 53.057 [Subchapter C or K], if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner's property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter. The owner is liable for that amount in addition to any amount for which the owner [he] is liable under Subchapter E.
SECTION 17.  The heading to Subchapter E, Chapter 53, Property Code, is amended to read as follows:
SUBCHAPTER E. FUNDS RESERVED [REQUIRED RETAINAGE] FOR BENEFIT OF LIEN CLAIMANTS
SECTION 18.  Sections 53.101, 53.102, 53.103, 53.104, and 53.105, Property Code, are amended to read as follows:
Sec. 53.101.  FUNDS REQUIRED TO BE RESERVED [RETAINAGE]. (a) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work under the contract is completed, the owner shall reserve [retain]:
(1)  10 percent of the contract price of the work to the owner; or
(2)  10 percent of the value of the work, measured by the proportion that the work done bears to the work to be done, using the contract price or, if there is no contract price, using the reasonable value of the completed work.
(b)  In this section, "owner" includes the owner's agent, trustee, or receiver.
Sec. 53.102.  PAYMENT SECURED BY RESERVED FUNDS [RETAINAGE]. The reserved [retained] funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.
Sec. 53.103.  LIEN ON RESERVED [RETAINED] FUNDS. A claimant has a lien on the reserved [retained] funds if the claimant:
(1)  sends the notices required by this chapter in the time and manner required; and
(2)  except as allowed by Section 53.057(f), files an affidavit claiming a lien not later than the 30th day after the earliest of the date:
(A)  the work is completed;
(B)  the original contract is terminated; or
(C)  the original contractor abandons performance under the original contract.
Sec. 53.104.  PREFERENCES. (a) Individual artisans and mechanics are entitled to a preference to the reserved [retained] funds and shall share proportionately to the extent of their claims for wages and fringe benefits earned.
(b)  After payment of artisans and mechanics who are entitled to a preference under Subsection (a), other participating claimants share proportionately in the balance of the reserved [retained] funds.
Sec. 53.105.  OWNER'S LIABILITY FOR FAILURE TO RESERVE FUNDS [RETAIN]. (a)  If the owner fails or refuses to comply with this subchapter, the claimants complying with Subchapter C or this subchapter have a lien, at least to the extent of the amount that should have been reserved [retained] from the original contract under which they are claiming, against the improvements [house, building, structure, fixture, or improvement] and all of its properties and against the lot or lots of land necessarily connected.
(b)  The claimants share the lien proportionately in accordance with the preference provided by Section 53.104.
SECTION 19.  Sections 53.106(a), (b), and (d), Property Code, are amended to read as follows:
(a)  An owner may file with the county clerk of the county in which the property is located an affidavit of completion.  The affidavit must contain:
(1)  the name and address of the owner;
(2)  the name and address of the original contractor;
(3)  a description, legally sufficient for identification, of the real property on which the improvements are located;
(4)  a description of the improvements furnished under the original contract;
(5)  a statement that the improvements under the original contract have been completed and the date of completion; and
(6)  a conspicuous statement that a claimant may not have a lien on retained funds unless the claimant files an affidavit claiming a lien in the time and manner required by this chapter [not later than the 40th day after the date the work under the original contract is completed].
(b)  A copy of the affidavit must be sent [by certified or registered mail] to the original contractor [not later than the date the affidavit is filed] and to each claimant who sends a notice [of lien liability] to the owner under Section 53.056 or [,] 53.057 [, 53.058, 53.252, or 53.253] not later than the third day after the date the affidavit is filed or the 10th day after the date the owner receives the notice of lien liability, whichever is later.
(d)  An [Except as provided by this subsection, an] affidavit filed under this section [on or before the 10th day after the date of completion of the improvements] is prima facie evidence of the date the work under the original contract is completed for purposes of this chapter [subchapter and Section 53.057]. If the affidavit is filed after the 10th day after the date of completion, the date of completion for purposes of this subchapter [and Section 53.057] is the date the affidavit is filed. This subsection does not apply to a person to whom the affidavit was not sent as required by this section.
SECTION 20.  Sections 53.107(a) and (b), Property Code, are amended to read as follows:
(a)  Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract, the owner shall give notice to each subcontractor who, before the date of termination or abandonment, has:
(1)  given notice to the owner as provided by Section 53.056 or [,] 53.057 [, or 53.058]; or
(2)  sent to the owner [by certified or registered mail] a written request for notice of termination or abandonment.
(b)  The notice must contain:
(1)  the name and address of the owner;
(2)  the name and address of the original contractor;
(3)  a description, legally sufficient for identification, of the real property on which the improvements are located;
(4)  a general description of the improvements agreed to be furnished under the original contract;
(5)  a statement that the original contract has been terminated or that performance under the contract has been abandoned;
(6)  the date of the termination or abandonment; and
(7)  a conspicuous statement that a claimant may not have a lien on the retained funds unless the claimant files an affidavit claiming a lien in the time and manner required by this chapter [not later than the 40th day after the date of the termination or abandonment].
SECTION 21.  Section 53.155, Property Code, is amended to read as follows:
Sec. 53.155.  TRANSFER OF PROPERTY SOLD. If the [house, building,] improvement [, or any piece of railroad property] is sold separately from the land, the officer making the sale shall provide [place] the purchaser [in possession. The purchaser is entitled to] a reasonable time after the date of purchase within which to remove and take possession of the purchased improvement [property].
SECTION 22.  Section 53.157, Property Code, is amended to read as follows:
Sec. 53.157.  DISCHARGE OF LIEN. An [A mechanic's lien or] affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by:
(1)  recording a lien release signed by the claimant under Section 53.152;
(2)  failing to institute suit to foreclose the lien in the county in which the improvement [property] is located within the period prescribed by Section 53.158, 53.175, or 53.208;
(3)  recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction providing for the discharge;
(4)  filing the bond and notice in compliance with Subchapter H;
(5)  filing the bond in compliance with Subchapter I; or
(6)  recording a certified copy of the order removing the lien under Section 53.160, provided [and a certificate from the clerk of the court that states] that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was entered.
SECTION 23.  Section 53.158, Property Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a)  Except as provided by Subsection (a-2) [(b)], suit must be brought to foreclose the lien not later than the first anniversary of [within two years after] the last day a claimant may file the lien affidavit under Section 53.052 [or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later].
(a-1)  Notwithstanding Section 16.069, Civil Practice and Remedies Code, or any other law, if suit is pursued solely to discharge a lien because limitations have expired on bringing a lien foreclosure suit, the lien claimant's rights to pursue a suit to foreclose a lien are not revived.
(a-2)  The limitations period established under Subsection (a) may be extended to not later than the second anniversary of the date the claimant filed the lien affidavit under Section 53.052 if, before the expiration of the limitations period established under Subsection (a), the claimant enters into a written agreement with the then-current record owner of the property to extend the limitations period. The agreement must be recorded with the clerk of the same county where the lien was recorded and is considered to be notice of the extension to any subsequent purchaser.
SECTION 24.  Sections 53.160(b) and (c), Property Code, are amended to read as follows:
(b)  The grounds for objecting to the validity or enforceability of the claim or lien for purposes of the motion are limited to the following:
(1)  notice of claim was not timely furnished to the owner or original contractor as required by Section 53.056 or [,] 53.057 [, 53.058, 53.252, or 53.253];
(2)  an affidavit claiming a lien failed to comply with Section 53.054 or was not filed as required by Section 53.052;
(3)  notice of the filed affidavit was not furnished to the owner or original contractor as required by Section 53.055;
(4)  the deadlines for perfecting a lien claim for retainage under this chapter have expired and the owner complied with the requirements of Section 53.101 and paid the retainage and all other funds owed to the original contractor before:
(A)  the claimant perfected the lien claim; and
(B)  the owner received a notice of the claim as required by this chapter;
(5)  all funds subject to the notice of a claim to the owner and a notice regarding the retainage have been deposited in the registry of the court and the owner has no additional liability to the claimant;
(6)  when the lien affidavit was filed on homestead property:
(A)  no contract was executed or filed as required by Section 53.254;
(B)  the affidavit claiming a lien failed to contain the notice as required by Section 53.254; or
(C)  the notice of the claim failed to include the statement required by Section 53.254; and
(7)  the claimant executed a valid and enforceable waiver or release of the claim or lien claimed in the affidavit.
(c)  The claimant is not required to file a response. The claimant and any other party that has appeared in the proceeding must be notified by at least 30 [21] days before the date of the hearing on the motion. A motion may not be heard before the 30th [21st] day after the date the claimant answers or appears in the proceeding. The claimant must be allowed expedited discovery regarding information relevant to the issues listed under Subsection (b).
SECTION 25.  Section 53.173(c), Property Code, is amended to read as follows:
(c)  The notice must be served on each obligee by mailing a copy of the notice and the bond to the obligee by certified [United States] mail[, return receipt requested,] addressed to the claimant at the address stated in the lien affidavit for the obligee.
SECTION 26.  Section 53.205(a), Property Code, is amended to read as follows:
(a)  The bond protects all persons with a claim that is:
(1)  perfected in the manner prescribed for fixing a lien under Subchapter C [or, if the claim relates to a residential construction project, under Subchapter K]; or
(2)  perfected in the manner prescribed by Section 53.206.
SECTION 27.  Section 53.206, Property Code, is amended to read as follows:
Sec. 53.206.  PERFECTION OF CLAIM. (a) Except as provided by Subsection (b), to [To] perfect a claim against a bond in a manner other than that prescribed by Subchapter C [or K] for fixing a lien, a person must [:
[(1)]  give notice under Sections 53.056 and 53.057, as applicable, to the original contractor and surety on the bond [all applicable notices under the appropriate subchapter; and
[(2)     give to the surety on the bond, instead of the owner, all notices under the appropriate subchapter required to be given to the owner].
(b)  To perfect a claim for retainage under this section, a claimant [person] is not required to[:
[(1)]  give notice to the surety under Section 53.057 if [, unless] the claimant has a direct contractual relationship with the original contractor [and the agreed retainage is in excess of 10 percent of the contract;
[(2)     give notice to the surety under Section 53.058(b) or, if the claim relates to a residential construction project, under Section 53.253(c); or
[(3)     file any affidavit with the county clerk].
(c)  A claimant that provides the notices described by this section is not required to file an affidavit claiming a mechanic's lien to perfect a claim under the bond [For the claim to be valid, a person must give notice in the time and manner required by this section, but the content of the notices need only provide fair notice of the amount and the nature of the claim asserted].
(d)  A person satisfies the requirements of this section relating to providing notice to the surety if the person mails the notice by certified [or registered] mail to the surety:
(1)  at the address stated on the bond or on an attachment to the bond;
(2)  at the address on file with the Texas Department of Insurance; or
(3)  at any other address allowed by law.
SECTION 28.  Section 53.207(a), Property Code, is amended to read as follows:
(a)  If the owner receives any of the notices or a lien is fixed under this chapter [Subchapter C or K], the owner shall mail to the surety on the bond a copy of all notices received.
SECTION 29.  Section 53.208(a), Property Code, is amended to read as follows:
(a)  A claimant may sue the principal and surety on the bond either jointly or severally, if the [his] claim remains unpaid for 60 days after the claimant perfects the claim.
SECTION 30.  Section 53.232, Property Code, is amended to read as follows:
Sec. 53.232.  TO WHOM NOTICE GIVEN; MANNER. The lien claimant must send written notice of his claim by [registered or] certified mail to:
(1)  the officials of the state, county, town, or municipality whose duty it is to pay the contractor; and
(2)  the contractor at the contractor's last known business or residence address.
SECTION 31.  Section 53.238, Property Code, is amended to read as follows:
Sec. 53.238.  NOTICE OF BOND. The official with whom the bond is filed shall send an exact copy of the bond by [registered mail or] certified mail, return receipt requested, to all claimants.
SECTION 32.  The heading to Section 53.254, Property Code, is amended to read as follows:
Sec. 53.254.  CONTRACTUAL REQUIREMENTS FOR LIEN ON HOMESTEAD.
SECTION 33.  Section 53.254(g), Property Code, is amended to read as follows:
(g)  For the lien on a homestead to be valid, the notice required to be given to the owner under Subchapter C [Section 53.252] must include or have attached the following statement:
"If a subcontractor or supplier who furnishes materials or performs labor for construction of improvements on your property is not paid, your property may be subject to a lien for the unpaid amount if:
(1)  after receiving notice of the unpaid claim from the claimant, you fail to withhold payment to your contractor that is sufficient to cover the unpaid claim until the dispute is resolved; or
(2)  during construction and for 30 days after completion of your contractor's work [construction], you fail to reserve [retain] 10 percent of the contract price or 10 percent of the value of the work performed by your contractor.
"If you have complied with the law regarding the reservation of 10 percent of the contract price or value of work [retainage] and you have withheld payment to the contractor sufficient to cover any written notice of claim and have paid that amount, if any, to the claimant, any lien claim filed on your property by a subcontractor or supplier, other than a person who contracted directly with you, will not be a valid lien on your property. In addition, except for the required 10 percent reservation [retainage], you are not liable to a subcontractor or supplier for any amount paid to your contractor before you received written notice of the claim."
SECTION 34.  Section 53.255(b), Property Code, is amended to read as follows:
(b)  The disclosure statement must read substantially similar to the following:
"KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW. You are about to enter into a transaction to build a new home or remodel existing residential property. Texas law requires your contractor to provide you with this brief overview of some of your rights, responsibilities, and risks in this transaction.
"CONVEYANCE TO CONTRACTOR NOT REQUIRED. Your contractor may not require you to convey your real property to your contractor as a condition to the agreement for the construction of improvements on your property.
"KNOW YOUR CONTRACTOR. Before you enter into your agreement for the construction of improvements to your real property, make sure that you have investigated your contractor. Obtain and verify references from other people who have used the contractor for the type and size of construction project on your property.
"GET IT IN WRITING. Make sure that you have a written agreement with your contractor that includes: (1)  a description of the work the contractor is to perform; (2)  the required or estimated time for completion of the work; (3)  the cost of the work or how the cost will be determined; and (4)  the procedure and method of payment, including provisions for statutory reservation of funds [retainage] and conditions for final payment. If your contractor made a promise, warranty, or representation to you concerning the work the contractor is to perform, make sure that promise, warranty, or representation is specified in the written agreement. An oral promise that is not included in the written agreement may not be enforceable under Texas law.
"READ BEFORE YOU SIGN. Do not sign any document before you have read and understood it. NEVER SIGN A DOCUMENT THAT INCLUDES AN UNTRUE STATEMENT. Take your time in reviewing documents. If you borrow money from a lender to pay for the improvements, you are entitled to have the loan closing documents furnished to you for review at least one business day before the closing. Do not waive this requirement unless a bona fide emergency or another good cause exists, and make sure you understand the documents before you sign them. If you fail to comply with the terms of the documents, you could lose your property. You are entitled to have your own attorney review any documents. If you have any question about the meaning of a document, consult an attorney.
"GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before construction commences, your contractor is required to provide you with a list of the subcontractors and suppliers the contractor intends to use on your project. Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided. Your contractor is not required to supply this information if you sign a written waiver of your rights to receive this information.
"MONITOR THE WORK. Lenders and governmental authorities may inspect the work in progress from time to time for their own purposes. These inspections are not intended as quality control inspections. Quality control is a matter for you and your contractor. To ensure that your home is being constructed in accordance with your wishes and specifications, you should inspect the work yourself or have your own independent inspector review the work in progress.
"MONITOR PAYMENTS. If you use a lender, your lender is required to provide you with a periodic statement showing the money disbursed by the lender from the proceeds of your loan. Each time your contractor requests payment from you or your lender for work performed, your contractor is also required to furnish you with a disbursement statement that lists the name and address of each subcontractor or supplier that the contractor intends to pay from the requested funds. Review these statements and make sure that the money is being properly disbursed.
"CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of improvements on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier. To avoid liability, you should take the following actions:
(1)  If you receive a written notice from a subcontractor or supplier, you should withhold payment from your contractor for the amount of the claim stated in the notice until the dispute between your contractor and the subcontractor or supplier is resolved. If your lender is disbursing money directly to your contractor, you should immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim stated in the notice. If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.
(2)  During construction and for 30 days after final completion, termination, or abandonment of the contract by the contractor, you should reserve [withhold] or cause your lender to reserve [withhold] 10 percent of the amount of payments made for the work performed by your contractor. [This is sometimes referred to as 'statutory retainage.'] If you choose not to reserve [withhold] the 10 percent for at least 30 days after final completion, termination, or abandonment of the contract by the contractor and if a valid claim is timely made by a claimant and your contractor fails to pay the claim, you may be personally liable and your property may be subject to a lien up to the amount that you failed to reserve [withhold].
"If a claim is not paid within a certain time period, the claimant is required to file a mechanic's lien affidavit in the real property records in the county where the property is located. A mechanic's lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing a lien on your property if the claimant is successful in litigation to enforce the lien claim.
"SOME CLAIMS MAY NOT BE VALID. When you receive a written notice of a claim or when a mechanic's lien affidavit is filed on your property, you should know your legal rights and responsibilities regarding the claim. Not all claims are valid. A notice of a claim by a subcontractor or supplier is required to be sent, and the mechanic's lien affidavit is required to be filed, within strict time periods. The notice and the affidavit must contain certain information. All claimants may not fully comply with the legal requirements to collect on a claim. If you have paid the contractor in full before receiving a notice of a claim and have withheld the 10 percent of the contract price or value of work [fully complied with the law regarding statutory retainage], you may not be liable for that claim. Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim.
"OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT. When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant. You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid. Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier.
"OBTAIN TITLE INSURANCE PROTECTION. You may be able to obtain a title insurance policy to insure that the title to your property and the existing improvements on your property are free from liens claimed by subcontractors and suppliers. If your policy is issued before the improvements are completed and covers the value of the improvements to be completed, you should obtain, on the completion of the improvements and as a condition of your final payment, a 'completion of improvements' policy endorsement. This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement."
SECTION 35.  Section 53.281(b), Property Code, is amended to read as follows:
(b)  A waiver and release is effective to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if:
(1)  the waiver and release substantially complies with one of the forms prescribed by Section 53.284;
(2)  the waiver and release is signed by the claimant or the claimant's authorized agent [and notarized]; and
(3)  in the case of a conditional release, evidence of payment to the claimant exists.
SECTION 36.  The following provisions of the Property Code are repealed:
(1)  Section 53.003(a);
(2)  Section 53.026(b);
(3)  Section 53.053;
(4)  Sections 53.056(b), (c), (d), (e), and (f);
(5)  Sections 53.057(b), (b-1), (c), (d), (e), and (g);
(6)  Section 53.058;
(7)  Section 53.081(d);
(8)  Section 53.083;
(9)  Section 53.158(b); and
(10)  Sections 53.252 and 53.253.
SECTION 37.  The changes in law made by this Act apply only to an original contract entered into on or after the effective date of this Act. An original contract entered into before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 38.  This Act takes effect January 1, 2022.

HB 1456 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1456, A bill to be entitled An Act relating to the operations of the Nueces County Hospital District, including the operations of a health care provider participation program administered by the district.

Representative Hunter moved to concur in the senate amendments to HB 1456.

The motion to concur in the senate amendments to HB 1456 prevailed by (Record 1566): 110 Yeas, 35 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; 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.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Larson; 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; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; White; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Biedermann; Buckley; Cain; Capriglione; Cason; Cook; Craddick; Dean; Ellzey; Gates; Goldman; Harris; Hefner; Hull; Krause; Landgraf; Middleton; Murr; Parker; Patterson; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smithee; Swanson; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Johnson, J.D.; Leach; Walle.

STATEMENT OF VOTE

When Record No. 1566 was taken, I was shown voting yes. I intended to vote no.

Leman

Senate Committee Substitute

CSHB 1456, A bill to be entitled An Act relating to the expiration of the health care provider participation program administered and operated by the Nueces County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 298C.004, Health and Safety Code, as added by Chapter 694 (SB 2315), Acts of the 86th Legislature, Regular Session, 2019, is repealed.
SECTION 2.  Section 2, Chapter 694 (SB 2315), Acts of the 86th Legislature, Regular Session, 2019, is repealed.
SECTION 3.  To the extent of any conflict, this Act prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 750 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 750, A bill to be entitled An Act relating to requiring a school district to post the district's employment policy on the district's Internet website.

Representative Burns moved to concur in the senate amendments to HB 750.

The motion to concur in the senate amendments to HB 750 prevailed by (Record 1567): 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; 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; 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; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wu; Zwiener.

Nays — Biedermann; Cain; Krause; Patterson; Shaheen; Slaton; Slawson; Smith; Swanson; Vasut.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

STATEMENTS OF VOTE

When Record No. 1567 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1567 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

When Record No. 1567 was taken, I was shown voting yes. I intended to vote no.

White

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 750 (senate committee printing) in SECTION 1 of the bill, in added Section 11.1513(k), Education Code, as follows:
(1)  On page 1, line 29, strike "or forms".
(2)  On page 1, line 30, immediately following the underlined period, insert the following:
A school district shall make available any forms referenced in the policy:
(1)  on an intranet website that is maintained by the district and accessible to district employees; or
(2)  if the district does not maintain an intranet website described by Subdivision (1), at a district administrative office designated by the district.

HB 3924 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3924, A bill to be entitled An Act relating to health benefits offered by certain nonprofit agricultural organizations.

Representative Oliverson moved to concur in the senate amendments to HB 3924.

The motion to concur in the senate amendments to HB 3924 prevailed by (Record 1568): 104 Yeas, 42 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dominguez; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hull; Hunter; Jetton; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Martinez Fischer; Metcalf; Meyer; Middleton; Minjarez; Morales, E.; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Cole; Crockett; Davis; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Meza; Moody; Morales, C.; Morales Shaw; Neave; Ordaz Perez; Ortega; Perez; Ramos; Romero; Rose; Rosenthal; Talarico; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

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

Absent, Excused — Coleman.

Absent — Walle.

STATEMENTS OF VOTE

When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.

Collier

When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.

Gervin-Hawkins

When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.

Minjarez

When Record No. 1568 was taken, I was shown voting present, not voting. I intended to vote yes.

White

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3924 (senate committee printing) in SECTION 2 of the bill as follows:
(1)  In added Section 1682.001, Insurance Code (page 1, line 56), strike "constitutes" and substitute "is regulated as".
(2)  In the heading to added Section 1682.005, Insurance Code (page 2, line 32), between "BUSINESS OF" and "INSURANCE", insert "HEALTH".
(3)  In added Section 1682.005, Insurance Code (page 2, line 36), strike "an insurer and is not engaging in the business of insurance" and substitute "a health insurer and is not engaging in the business of health insurance".

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 3924 (senate committee report) as follows:
(1)  In SECTION 2 of the bill, strike added Section 1682.007, Insurance Code (page 2, line 51, through page 3, line 3).
(2)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subtitle C, Title 8, Insurance Code, is amended by adding Chapter 1275 to read as follows:
CHAPTER 1275. BALANCE BILLING PROHIBITIONS AND OUT-OF-NETWORK CLAIM DISPUTE RESOLUTION FOR CERTAIN PLANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1275.001.  DEFINITIONS. In this chapter:
(1)  "Enrollee" means an individual enrolled in a health benefit plan to which this chapter applies.
(2)  "Usual and customary rate" means the relevant allowable amount as described by the applicable master benefit plan document.
Sec. 1275.002.  APPLICABILITY OF CHAPTER. This chapter applies to a health benefit plan offered by a nonprofit agricultural organization under Chapter 1682.
Sec. 1275.003.  BALANCE BILLING PROHIBITION NOTICE. (a)  The administrator of a health benefit plan to which this chapter applies shall provide written notice in accordance with this section in an explanation of benefits provided to the enrollee and the physician or health care provider in connection with a health care or medical service or supply provided by an out-of-network provider. The notice must include:
(1)  a statement of the billing prohibition under Section 1275.051, 1275.052, or 1275.053, as applicable;
(2)  the total amount the physician or provider may bill the enrollee under the enrollee's health benefit plan and an itemization of copayments, coinsurance, deductibles, and other amounts included in that total; and
(3)  for an explanation of benefits provided to the physician or provider, information required by commissioner rule advising the physician or provider of the availability of mediation or arbitration, as applicable, under Chapter 1467.
(b)  The administrator shall provide the explanation of benefits with the notice required by this section to a physician or health care provider not later than the date the administrator makes a payment under Section 1275.051, 1275.052, or 1275.053, as applicable.
Sec. 1275.004.  OUT-OF-NETWORK CLAIM DISPUTE RESOLUTION. Chapter 1467 applies to a health benefit plan to which this chapter applies, and the administrator of a health benefit plan to which this chapter applies is an administrator for purposes of that chapter.
SUBCHAPTER B. PAYMENTS FOR CERTAIN SERVICES; BALANCE BILLING PROHIBITIONS
Sec. 1275.051.  EMERGENCY CARE PAYMENTS. (a)  In this section, "emergency care" has the meaning assigned by Section 1301.155.
(b)  The administrator of a health benefit plan to which this chapter applies shall pay for covered emergency care performed by or a covered supply related to that care provided by an out-of-network provider at the usual and customary rate or at an agreed rate. The administrator shall make a payment required by this subsection directly to the provider not later than, as applicable:
(1)  the 30th day after the date the administrator receives an electronic claim for those services that includes all information necessary for the administrator to pay the claim; or
(2)  the 45th day after the date the administrator receives a nonelectronic claim for those services that includes all information necessary for the administrator to pay the claim.
(c)  For emergency care subject to this section or a supply related to that care, an out-of-network provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health benefit plan that:
(1)  is based on:
(A)  the amount initially determined payable by the administrator; or
(B)  if applicable, a modified amount as determined under the administrator's internal appeal process; and
(2)  is not based on any additional amount determined to be owed to the provider under Chapter 1467.
Sec. 1275.052.  OUT-OF-NETWORK FACILITY-BASED PROVIDER PAYMENTS. (a)  In this section, "facility-based provider" means a physician or health care provider who provides health care or medical services to patients of a health care facility.
(b)  Except as provided by Subsection (d), the administrator of a health benefit plan to which this chapter applies shall pay for a covered health care or medical service performed for or a covered supply related to that service provided to an enrollee by an out-of-network provider who is a facility-based provider at the usual and customary rate or at an agreed rate if the provider performed the service at a health care facility that is a participating provider. The administrator shall make a payment required by this subsection directly to the provider not later than, as applicable:
(1)  the 30th day after the date the administrator receives an electronic claim for those services that includes all information necessary for the administrator to pay the claim; or
(2)  the 45th day after the date the administrator receives a nonelectronic claim for those services that includes all information necessary for the administrator to pay the claim.
(c)  Except as provided by Subsection (d), an out-of-network provider who is a facility-based provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee receiving a health care or medical service or supply described by Subsection (b) in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health benefit plan that:
(1)  is based on:
(A)  the amount initially determined payable by the administrator; or
(B)  if applicable, a modified amount as determined under the administrator's internal appeal process; and
(2)  is not based on any additional amount determined to be owed to the provider under Chapter 1467.
(d)  This section does not apply to a nonemergency health care or medical service:
(1)  that an enrollee elects to receive in writing in advance of the service with respect to each out-of-network provider providing the service; and
(2)  for which an out-of-network provider, before providing the service, provides a complete written disclosure to the enrollee that:
(A)  explains that the provider does not have a contract with the enrollee's health benefit plan;
(B)  discloses projected amounts for which the enrollee may be responsible; and
(C)  discloses the circumstances under which the enrollee would be responsible for those amounts.
Sec. 1275.053.  OUT-OF-NETWORK DIAGNOSTIC IMAGING PROVIDER OR LABORATORY SERVICE PROVIDER PAYMENTS. (a)  In this section, "diagnostic imaging provider" and "laboratory service provider" have the meanings assigned by Section 1467.001.
(b)  Except as provided by Subsection (d), the administrator of a health benefit plan to which this chapter applies shall pay for a covered health care or medical service performed for or a covered supply related to that service provided to an enrollee by an out-of-network provider who is a diagnostic imaging provider or laboratory service provider at the usual and customary rate or at an agreed rate if the provider performed the service in connection with a health care or medical service performed by a participating provider. The administrator shall make a payment required by this subsection directly to the provider not later than, as applicable:
(1)  the 30th day after the date the administrator receives an electronic claim for those services that includes all information necessary for the administrator to pay the claim; or
(2)  the 45th day after the date the administrator receives a nonelectronic claim for those services that includes all information necessary for the administrator to pay the claim.
(c)  Except as provided by Subsection (d), an out-of-network provider who is a diagnostic imaging provider or laboratory service provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee receiving a health care or medical service or supply described by Subsection (b) in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health benefit plan that:
(1)  is based on:
(A)  the amount initially determined payable by the administrator; or
(B)  if applicable, the modified amount as determined under the administrator's internal appeal process; and
(2)  is not based on any additional amount determined to be owed to the provider under Chapter 1467.
(d)  This section does not apply to a nonemergency health care or medical service:
(1)  that an enrollee elects to receive in writing in advance of the service with respect to each out-of-network provider providing the service; and
(2)  for which an out-of-network provider, before providing the service, provides a complete written disclosure to the enrollee that:
(A)  explains that the provider does not have a contract with the enrollee's health benefit plan;
(B)  discloses projected amounts for which the enrollee may be responsible; and
(C)  discloses the circumstances under which the enrollee would be responsible for those amounts.

HB 872 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 872, A bill to be entitled An Act relating to the disclosure of certain utility customer information.

Representative Bernal moved to concur in the senate amendments to HB 872.

The motion to concur in the senate amendments to HB 872 prevailed by (Record 1569): 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; 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; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Cole; Longoria; Rose; Walle.

STATEMENT OF VOTE

When Record No. 1569 was taken, I was in the house but away from my desk. I would have voted yes.

Rose

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 872 (senate committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1.  Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.1331 to read as follows:
Sec. 552.1331.  EXCEPTION: CERTAIN GOVERNMENT-OPERATED UTILITY CUSTOMER INFORMATION. (a) In this section:
(1)  "Advanced metering system" means a utility metering system that collects data at regular intervals through the use of an automated wireless or radio network.
(2)  "Government-operated utility" has the meaning assigned by Section 182.051, Utilities Code.
(b)  Except as provided by Subsection (c) of this section and Section 182.052, Utilities Code, information maintained by a government-operated utility is excepted from the requirements of Section 552.021 if it is information that:
(1)  is collected as part of an advanced metering system for usage, services, and billing, including amounts billed or collected for utility usage; or
(2)  reveals whether:
(A)  an account is delinquent or eligible for disconnection; or
(B)  services have been discontinued by the government-operated utility.
(c)  A government-operated utility must disclose information described by Subsection (b)(1) to a customer of the utility or a representative of the customer if the information directly relates to utility services provided to the customer and is not confidential under law.
SECTION 2.  The heading to Subchapter B, Chapter 182, Utilities Code, is amended to read as follows:
SUBCHAPTER B. DISCLOSURE [CONFIDENTIALITY] OF CUSTOMER INFORMATION
SECTION 3.  The heading to Section 182.052, Utilities Code, is amended to read as follows:
Sec. 182.052.  DISCLOSURE [CONFIDENTIALITY] OF PERSONAL INFORMATION.
SECTION 4.  Sections 182.052(a), (b), (c), and (d), Utilities Code, are amended to read as follows:
(a)  Except as provided by Section 182.054, a government-operated utility may not disclose personal information in a customer's account record, or any information relating to the volume or units of utility usage or the amounts billed to or collected from the individual for utility usage, unless [if] the customer requests that the government-operated utility disclose [keep] the information [confidential]. [However, a government-operated utility may disclose information related to the customer's volume or units of utility usage or amounts billed to or collected from the individual for utility usage if the primary source of water for such utility was a sole-source designated aquifer.]
(b)  A customer may request disclosure of information described by Subsection (a) [confidentiality] by delivering to the government-operated utility an appropriately marked form provided under Subsection (c)(2) [(c)(3)] or any other written request for disclosure [confidentiality].
(c)  A government-operated utility shall include with a bill sent to each customer or shall post on the utility's Internet website:
(1)  a notice of the customer's right to request disclosure [confidentiality] under this section [subchapter]; and
(2)  [a statement of the amount of any fee applicable to the request; and
[(3)]  a form by which the customer may request disclosure [confidentiality] by marking an appropriate box on the form and returning it to the government-operated utility, either by mail or electronically.
(d)  A customer may rescind a request for disclosure under this section [confidentiality] by providing the government-operated utility a written request to withhold the customer's [permission to disclose] personal information beginning on the date the utility receives the request.
SECTION 5.  Section 13.043(b-2), Water Code, is amended to read as follows:
(b-2)  Unless [If] a ratepayer has requested that a municipally owned utility disclose [keep] the ratepayer's personal information [confidential] under Section 182.052, Utilities Code, the municipally owned utility may not disclose the address of the ratepayer under Subsection (b-1)(2).
SECTION 6.  Section 182.053, Utilities Code, is repealed.
SECTION 7.  Section 552.1331, Government Code, as added by this Act, applies only to a request for public information received by a governmental body or officer for public information on or after the effective date of this Act.
SECTION 8.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 29 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 29, A bill to be entitled An Act relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fees.

Representative Swanson moved to concur in the senate amendments to HB 29.

The motion to concur in the senate amendments to HB 29 prevailed by (Record 1570): 102 Yeas, 45 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Dominguez; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Guillen; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Minjarez; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Pacheco; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Cole; Collier; Crockett; Deshotel; Dutton; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Israel; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Ortega; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

STATEMENTS OF VOTE

When Record No. 1570 was taken, I was shown voting no. I intended to vote yes.

Cole

When Record No. 1570 was taken, I was shown voting no. I intended to vote yes.

Morales Shaw

When Record No. 1570 was taken, I was shown voting yes. I intended to vote no.

Muñoz

Senate Committee Substitute

CSHB 29, A bill to be entitled An Act relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 2165, Government Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC BUILDINGS
Sec. 2165.451.  APPLICABILITY. (a) This subchapter applies to a building or portion of a building:
(1)  that is:
(A)  used by an agency of this state; and
(B)  generally open to the public; and
(2)  in which:
(A)  carrying a handgun or other firearm, location-restricted knife, club, or other weapon on the premises or part of the premises would violate Chapter 46, Penal Code, or other law; or
(B)  the state agency in control of the building, by sign or otherwise, prohibits handguns or other firearms, location-restricted knives, clubs, or other weapons on the premises or part of the premises.
(b)  This subchapter does not apply to:
(1)  a penal institution, as that term is defined by Section 1.07, Penal Code; or
(2)  a public primary or secondary school or institution of higher education.
Sec. 2165.452.  TEMPORARY SECURE WEAPON STORAGE. (a) A state agency may provide temporary secure weapon storage for a building or portion of a building to which this subchapter applies for persons who enter the building or portion of the building with a weapon prohibited in that building or portion of the building.
(b)  The temporary secure weapon storage may be provided by:
(1)  self-service weapon lockers described by Section 2165.453; or
(2)  other temporary secure weapon storage operated at all times by a designated state agency employee under Section 2165.454.
Sec. 2165.453.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY SECURE STORAGE. (a) A state agency may provide self-service weapon lockers for the temporary secure storage of any weapon prohibited in a building or portion of a building.
(b)  A self-service weapon locker must allow secure locking by the user and:
(1)  provide a key for reopening; or
(2)  reopen by electronic means, such as by a fingerprint scan or entry of a numeric code.
(c)  A state agency may require a person to submit the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number as a condition for use of a self-service weapon locker.
(d)  A person placing a weapon in a self-service weapon locker may designate an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in the locker.
Sec. 2165.454.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide temporary secure weapon storage operated by a designated agency employee for a building or portion of a building in which weapons are prohibited.
(b)  The weapons in temporary secure weapon storage must be held in a safe, locker, or other location that is locked and accessible only to the designated employee.
(c)  If a person chooses to give to the designated employee the person's weapon for temporary secure storage, the employee shall:
(1)  securely affix a claim tag to the weapon;
(2)  provide the person with a claim receipt for reclaiming the weapon;
(3)  record the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number; and
(4)  if designated by the person placing the weapon in temporary secure weapon storage, record the name of an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in storage.
(d)  A person may reclaim the person's weapon by showing the designated employee operating the temporary secure weapon storage:
(1)  the claim receipt given to the person at the time the weapon was placed in temporary secure storage; or
(2)  the person's driver's license or other form of identification.
(e)  A state agency that provides temporary secure weapon storage under this section shall ensure that:
(1)  the temporary secure weapon storage is available and monitored by a designated agency employee at all times that the building or portion of the building is open to the public; and
(2)  a person who is choosing to place the weapon in storage or retrieving the weapon from storage is not required to wait more than a reasonable period.
Sec. 2165.455.  FEES. A state agency under this subchapter may collect a fee for the use of a self-service weapon locker or other temporary secure weapon storage.
Sec. 2165.456.  UNCLAIMED WEAPONS. (a) A weapon that is unclaimed at the end of a business day may be removed from the self-service weapon locker or other temporary secure storage and placed in another secure location.
(b)  If practicable, the state agency shall notify the person who placed the weapon in a self-service weapon locker or other temporary secure storage that the weapon is in the custody of the state agency and is subject to forfeiture if not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage. If the person provided a telephone number when the weapon was placed in a self-service weapon locker or other temporary secure storage, the state agency shall notify the person by using that telephone number.
(c)  At each location where a weapon may be placed in a self-service weapon locker or other temporary secure storage, the state agency shall post a sign that describes the process for reclaiming a weapon left in a self-service weapon locker or other temporary secure storage for more than one business day.
(d)  The state agency may require identification or other evidence of ownership before returning the unclaimed weapon. On return of the weapon, the state agency may charge a fee for the extended storage of the weapon.
(e)  If the weapon is not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage, the weapon is forfeited.
(f)  If the forfeited weapon may not be legally possessed in this state, the state agency shall turn the weapon over to local law enforcement as evidence or for destruction.
(g)  If a person may legally possess the weapon in this state:
(1)  the forfeited weapon may be sold at public sale by an auctioneer licensed under Chapter 1802, Occupations Code; or
(2)  the law enforcement agency holding the weapon may release the weapon to another person if:
(A)  the person:
(i)  claims a right to or interest in the weapon and provides an affidavit confirming that the person wholly or partly owns the weapon or otherwise has a right to or interest in the weapon; or
(ii)  is an alternate person designated by the person under Section 2165.453(d) or 2165.454(c)(4); and
(B)  for a weapon that is a firearm, the law enforcement agency conducts a check of state and national criminal history record information and verifies that the person may lawfully possess a firearm under 18 U.S.C. Section 922(g).
(h)  Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a firearm at public sale under this section.
(i)  Proceeds from the sale of a weapon under this section shall be transferred, after the deduction of auction costs, to the general revenue fund.
SECTION 2.  Subtitle C, Title 11, Local Government Code, is amended by adding Chapter 365 to read as follows:
CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC BUILDINGS
Sec. 365.001.  APPLICABILITY. (a) This chapter applies to a building or portion of a building:
(1)  that is:
(A)  used by a political subdivision of this state; and
(B)  generally open to the public; and
(2)  in which:
(A)  carrying a handgun or other firearm, location-restricted knife, club, or other weapon on the premises or part of the premises would violate Chapter 46, Penal Code, or other law; or
(B)  the political subdivision in control of the building, by sign or otherwise, prohibits handguns or other firearms, location-restricted knives, clubs, or other weapons on the premises or part of the premises.
(b)  This chapter does not apply to:
(1)  a penal institution, as that term is defined by Section 1.07, Penal Code; or
(2)  a public primary or secondary school or institution of higher education.
Sec. 365.002.  TEMPORARY SECURE WEAPON STORAGE. (a) A political subdivision may provide temporary secure weapon storage for a building or portion of a building to which this chapter applies for persons who enter the building or portion of the building with a weapon prohibited in that building or portion of the building.
(b)  The temporary secure weapon storage may be provided by:
(1)  self-service weapon lockers described by Section 365.003; or
(2)  other temporary secure weapon storage operated at all times by a designated employee of the political subdivision under Section 365.004.
Sec. 365.003.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY SECURE STORAGE. (a) A political subdivision may provide self-service weapon lockers for the temporary secure storage of any weapon prohibited in a building or portion of a building.
(b)  A self-service weapon locker must allow secure locking by the user and:
(1)  provide a key for reopening; or
(2)  reopen by electronic means, such as by a fingerprint scan or entry of a numeric code.
(c)  A political subdivision may require a person to submit the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number as a condition for use of a self-service weapon locker.
(d)  A person placing a weapon in a self-service weapon locker may designate an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in the locker.
Sec. 365.004.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision may provide temporary secure weapon storage operated by a designated employee of the political subdivision for a building or portion of a building in which weapons are prohibited.
(b)  The weapons in temporary secure weapon storage must be held in a safe, locker, or other location that is locked and accessible only to the designated employee.
(c)  If a person chooses to give to the designated employee the person's weapon for temporary secure storage, the employee shall:
(1)  securely affix a claim tag to the weapon;
(2)  provide the person with a claim receipt for reclaiming the weapon;
(3)  record the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number; and
(4)  if designated by the person placing the weapon in temporary secure weapon storage, record the name of an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in storage.
(d)  A person may reclaim the person's weapon by showing the designated employee operating the temporary secure weapon storage:
(1)  the claim receipt given to the person at the time the weapon was placed in temporary secure storage; or
(2)  the person's driver's license or other form of identification.
(e)  A political subdivision that provides temporary secure weapon storage under this section shall ensure that:
(1)  the temporary secure weapon storage is available and monitored by a designated employee of the political subdivision at all times that the building or portion of the building is open to the public; and
(2)  a person who is choosing to place the weapon in storage or retrieving the weapon from storage is not required to wait more than a reasonable period.
Sec. 365.005.  FEES. A political subdivision under this chapter may collect a fee for the use of a self-service weapon locker or other temporary secure weapon storage.
Sec. 365.006.  UNCLAIMED WEAPONS. (a) A weapon that is unclaimed at the end of a business day may be removed from the self-service weapon locker or other temporary secure storage and placed in another secure location.
(b)  If practicable, the political subdivision shall notify the person who placed the weapon in a self-service weapon locker or other temporary secure storage that the weapon is in the custody of the political subdivision and is subject to forfeiture if not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage. If the person provided a telephone number when the weapon was placed in a self-service weapon locker or other temporary secure storage, the political subdivision shall notify the person by using that telephone number.
(c)  At each location where a weapon may be placed in a self-service weapon locker or other temporary secure storage, the political subdivision shall post a sign that describes the process for reclaiming a weapon left in a self-service weapon locker or other temporary secure storage for more than one business day.
(d)  The political subdivision may require identification or other evidence of ownership before returning the unclaimed weapon. On return of the weapon, the political subdivision may charge a fee for the extended storage of the weapon.
(e)  If the weapon is not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage, the weapon is forfeited.
(f)  If the forfeited weapon may not be legally possessed in this state, the political subdivision shall turn the weapon over to local law enforcement as evidence or for destruction.
(g)  If a person may legally possess the weapon in this state:
(1)  the forfeited weapon may be sold at public sale by an auctioneer licensed under Chapter 1802, Occupations Code; or
(2)  the law enforcement agency holding the weapon may release the weapon to another person if:
(A)  the person:
(i)  claims a right to or interest in the weapon and provides an affidavit confirming that the person wholly or partly owns the weapon or otherwise has a right to or interest in the weapon; or
(ii)  is an alternate person designated by the person under Section 365.003(d) or 365.004(c)(4); and
(B)  for a weapon that is a firearm, the law enforcement agency conducts a check of state and national criminal history record information and verifies that the person may lawfully possess a firearm under 18 U.S.C. Section 922(g).
(h)  Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a firearm at public sale under this section.
(i)  Proceeds from the sale of a weapon under this section shall be transferred, after the deduction of auction costs, to the treasury of the political subdivision.
SECTION 3.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 29 (senate committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Section 2165.455, Government Code (page 2, line 53), following "fee", insert "of not more than $5".
(2)  In SECTION 1 of the bill, in added Section 2165.456(d), Government Code (page 3, line 7), following "fee", insert "of not more than $10 per day and not to exceed a total of $150".
(3)  In SECTION 2 of the bill, in added Section 365.005, Local Government Code (page 4, line 60), following "fee", insert "of not more than $5".
(4)  In SECTION 2 of the bill, in added section 365.006(d), Local Government Code (page 5, line 14), following "fee", insert "of not more than $10 per day and not to exceed a total of $150".

HB 1240 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1240, A bill to be entitled An Act relating to the offense of failure to comply with an order from a fire marshal and the authority of certain county employees to issue citations for certain violations; changing a criminal penalty.

Representative Murr moved to concur in the senate amendments to HB 1240.

The motion to concur in the senate amendments to HB 1240 prevailed by (Record 1571): 100 Yeas, 40 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bernal; Bowers; Bucy; Button; Campos; Canales; Cason; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Davis; 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, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; 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; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Slaton; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Cyrier; Darby; Dean; Ellzey; Gates; Goldman; Harris; Hefner; Holland; Krause; Landgraf; Larson; Leach; Metcalf; Middleton; Noble; Patterson; Price; Sanford; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Swanson; Tinderholt; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Cook; Hull; Jetton; Johnson, A.; Rogers; Thompson, S.; Vasut; Walle.

STATEMENTS OF VOTE

When Record No. 1571 was taken, my vote failed to register. I would have voted no.

Cook

When Record No. 1571 was taken, I was in the house but away from my desk. I would have voted no.

Hull

When Record No. 1571 was taken, my vote failed to register. I would have voted yes.

Jetton

When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.

Kuempel

When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.

Parker

When Record No. 1571 was taken, my vote failed to register. I would have voted no.

Rogers

When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.

Slaton

When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.

VanDeaver

When Record No. 1571 was taken, I was in the house but away from my desk. I would have voted no.

Vasut

Senate Committee Substitute

CSHB 1240, A bill to be entitled An Act relating to the offense of failure to comply with an order from a fire marshal and the authority of certain county employees to issue citations for certain violations; changing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 352.022, Local Government Code, is amended to read as follows:
Sec. 352.022.  PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) A person [An owner or occupant] who is subject to an order issued under Section 352.016 commits an offense if that person fails to comply with the order. Each refusal to comply is a separate offense.
(b)  Except as provided by Subsection (c), (d), or (e), an [The] offense under this section is a Class C [B] misdemeanor.
(c)  An offense under this section is a Class A misdemeanor if the commission of the offense results in bodily injury or death.
(d)  Unless Subsection (c) applies, if it is shown on the trial of the offense that the defendant has been previously convicted under this section, the offense is a Class B misdemeanor.
(e)  If [unless] it is shown on the trial of the offense that the defendant has been previously convicted two or more times under this section, [in which event] the offense is a state jail felony.
SECTION 2.  Subchapter B, Chapter 352, Local Government Code, is amended by adding Section 352.0221 to read as follows:
Sec. 352.0221.  AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO ISSUE CITATION. (a) This section applies only to:
(1)  a county with a population of 3.3 million or more; and
(2)  a county with a population of 550,000 or more adjacent to a county with a population of 3.3 million or more.
(b)  The commissioners court of a county to which this section applies may grant the authority to issue a citation under this section to a county employee who:
(1)  is certified by the Texas Commission on Fire Protection as a fire inspector;
(2)  conducts fire or life safety inspections under Section 352.016; and
(3)  is not a peace officer.
(c)  The employee may issue a citation in the unincorporated area of the county only for:
(1)  an offense under Section 352.022; or
(2)  a violation of an order relating to fire or life safety issued by the commissioners court that is reasonably necessary to protect public safety and welfare.
(d)  A citation issued under this section must state:
(1)  the name of the person cited;
(2)  the violation charged; and
(3)  the time and place the person is required to appear in court.
(e)  This section does not authorize the employee to arrest a person.
(f)  If a person who receives a citation under this section fails to appear in court on the return date of the citation, the court may issue a warrant for the person's arrest for the violation described in the citation.
SECTION 3.  Section 352.022, Local Government Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4.  This Act takes effect September 1, 2021.

HB 1540 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 1540, A bill to be entitled An Act relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.

Representative S. Thompson moved to concur in the senate amendments to HB 1540.

The motion to concur in the senate amendments to HB 1540 prevailed by (Record 1572): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; 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; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Allison; Oliverson; Walle.

STATEMENT OF VOTE

When Record No. 1572 was taken, I was temporarily out of the house chamber. I would have voted yes.

Allison

Senate Committee Substitute

CSHB 1540, A bill to be entitled An Act relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.44(b), Alcoholic Beverage Code, is amended to read as follows:
(b)  The commission shall deny an application for a permit or license for any location of an applicant who submitted a prior application that expired or was voluntarily surrendered before the hearing on the application was held on a protest involving allegations of prostitution, a shooting, stabbing, or other violent act, or an offense involving drugs, [or] trafficking of persons, or drink solicitation as described by Section 104.01 before the third anniversary of the date the prior application expired or was voluntarily surrendered.
SECTION 2.  Section 11.46(c), Alcoholic Beverage Code, is amended to read as follows:
(c)  The commission shall deny for a period of one year after cancellation an application for a mixed beverage permit or private club registration permit for a premises where a license or permit has been canceled during the preceding 12 months as a result of:
(1)  a shooting, stabbing, or other violent act;[,] or
(2)  [as a result of] an offense involving drugs, prostitution, [or] trafficking of persons, or drink solicitation as described by Section 104.01.
SECTION 3.  Section 61.42(c), Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:
(c)  The commission shall deny for a period of one year an application for a retail dealer's on-premise license or a wine and malt beverage retailer's permit for a premises where a license or permit has been canceled during the preceding 12 months as a result of:
(1)  a shooting, stabbing, or other violent act; [,] or
(2)  [as a result of] an offense involving drugs, prostitution, [or] trafficking of persons, or drink solicitation as described by Section 104.01.
SECTION 4.  Chapter 98, Civil Practice and Remedies Code, is amended by adding Section 98.007 to read as follows:
Sec. 98.007.  CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a) In this section, "confidential identity" means:
(1)  the use of a pseudonym; and
(2)  the absence of any other identifying information, including address, telephone number, and social security number.
(b)  Except as otherwise provided by this section, in an action under this chapter, the court shall:
(1)  make it known to the claimant as early as possible in the proceedings of the action that the claimant may use a confidential identity in relation to the action;
(2)  allow a claimant to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3)  use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(4)  maintain the records relating to the action in a manner that protects the confidentiality of the claimant.
(c)  In an action under this chapter, only the following persons are entitled to know the true identifying information about the claimant:
(1)  the judge;
(2)  a party to the action;
(3)  the attorney representing a party to the action; and
(4)  a person authorized by a written order of a court specific to that person.
(d)  The court shall order that a person entitled to know the true identifying information under Subsection (c) may not divulge that information to anyone without a written order of the court. A court shall hold a person who violates the order in contempt.
(e)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
(f)  A claimant is not required to use a confidential identity as provided by this section.
SECTION 5.  Section 125.0017, Civil Practice and Remedies Code, as added by Chapter 858 (HB 2552), Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:
Sec. 125.0017.  NOTICE BY LAW ENFORCEMENT OF [ARREST FOR] CERTAIN ACTIVITIES. If a law enforcement agency has reason to believe [makes an arrest related to] an activity described by Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at property leased to a person operating a massage establishment as defined by Section 455.001, Occupations Code, [not later than the seventh day after the date of the arrest,] the law enforcement agency may [shall] provide written notice by certified mail to each person maintaining the property of the alleged activity [arrest].
SECTION 6.  Section 125.0025(b), Civil Practice and Remedies Code, is amended to read as follows:
(b)  Except as provided by Section 125.005 [125.003(d)], on a finding that a web address or computer network is a common nuisance, the sole remedy available is a judicial finding issued to the attorney general.
SECTION 7.  Sections 125.004(a-1) and (a-2), Civil Practice and Remedies Code, are amended to read as follows:
(a-1)  Proof in the form of a person's arrest or the testimony of a law enforcement agent that an activity described by Section 125.0015(a)(6) or (7) is committed at a place licensed as a massage establishment under Chapter 455, Occupations Code, or advertised as offering massage therapy or massage services, after notice [of an arrest] was provided to the defendant in accordance with Section 125.0017, is prima facie evidence that the defendant:
(1)  knowingly tolerated the activity; and
(2)  did not make a reasonable attempt to abate the activity.
(a-2)  Proof that an activity described by Section 125.0015(a)(18) is committed at a place maintained by the defendant, after notice [of an arrest] was provided to the defendant in accordance with Section 125.0017, is prima facie evidence that the defendant:
(1)  knowingly tolerated the activity; and
(2)  did not make a reasonable attempt to abate the activity.
SECTION 8.  Section 125.004(a-3), Civil Practice and Remedies Code, as added by Chapter 858 (HB 2552), Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:
(a-3)  For purposes of Subsections (a-1) and (a-2), notice is considered to be provided to the defendant the earlier of:
(1)  seven days after the postmark date of the notice provided under Section 125.0017; or
(2)  the date the defendant actually received notice under Section 125.0017.
SECTION 9.  Subchapter A, Chapter 125, Civil Practice and Remedies Code, is amended by adding Section 125.005 to read as follows:
Sec. 125.005.  ATTORNEY'S FEES AND COSTS IN ACTION UNDER CHAPTER. In an action brought under this chapter, the court may award a prevailing party reasonable attorney's fees in addition to costs incurred in bringing the action. In determining the amount of attorney's fees, the court shall consider:
(1)  the time and labor involved;
(2)  the novelty and difficulty of the questions;
(3)  the expertise, reputation, and ability of the attorney; and
(4)  any other factor considered relevant by the court.
SECTION 10.  Section 125.070(d), Civil Practice and Remedies Code, is amended to read as follows:
(d)  A district, county, or city attorney or the attorney general may sue for money damages on behalf of the state or a governmental entity. If the state or a governmental entity prevails in a suit under this section, the state or governmental entity may recover:
(1)  actual damages;
(2)  a civil penalty in an amount not to exceed $20,000 for each violation; and
(3)  court costs and attorney's fees in accordance with Section 125.005.
SECTION 11.  Section 140A.002, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 140A.002.  CIVIL RACKETEERING. A person or enterprise commits racketeering if, for financial gain, the person or enterprise commits an offense under Chapter 20A, Penal Code (trafficking of persons)[, and the offense or an element of the offense:
[(1)     occurs in more than one county in this state; or
[(2)     is facilitated by the use of United States mail, e-mail, telephone, facsimile, or a wireless communication from one county in this state to another].
SECTION 12.  Section 140A.102(b), Civil Practice and Remedies Code, is amended to read as follows:
(b)  Following a final determination of liability under this chapter, the court may issue an appropriate order, including an order that:
(1)  requires a person to divest any direct or indirect interest in an enterprise;
(2)  imposes reasonable restrictions on the future activities or investments of a person that affect the laws of this state, including prohibiting a person from engaging in the type of endeavor or enterprise that gave rise to the racketeering offense, to the extent permitted by the constitutions of this state and the United States;
(3)  requires the dissolution or reorganization of an enterprise involved in the suit;
(4)  orders the recovery of reasonable fees, expenses, and costs incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, investigation costs, attorney's fees, witness fees, and deposition fees;
(5)  orders payment to the state of an amount equal to:
(A)  the gain acquired or maintained through racketeering; or
(B)  the amount for which a person is liable under this chapter;
(6)  orders payment to the state of a civil penalty by a person or enterprise found liable for racketeering, in an amount not to exceed $250,000 for each separately alleged and proven act of racketeering;
(7)  orders payment of damages to the state for racketeering shown to have materially damaged the state; and [or]
(8)  orders that property attached under Chapter 61 be used to satisfy an award of the court, including damages, penalties, costs, and fees.
SECTION 13.  Section 140A.104(d), Civil Practice and Remedies Code, is amended to read as follows:
(d)  An enterprise may not be held liable under this chapter based on the conduct of a person [an agent] unless the finder of fact finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person [agent].
SECTION 14.  Articles 42A.453(a) and (c), Code of Criminal Procedure, are amended to read as follows:
(a)  In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code, and "general residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
(c)  If a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, the judge shall establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant:
(1)  not:
(A)  supervise or participate in any program that:
(i)  includes as participants or recipients persons who are 17 years of age or younger; and
(ii)  regularly provides athletic, civic, or cultural activities; or
(B)  go in, on, or within 1,000 feet of a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, [or] video arcade facility, or general residential operation operating as a residential treatment center; and
(2)  attend psychological counseling sessions for sex offenders with an individual or organization that provides sex offender treatment or counseling as specified or approved by the judge or the defendant's supervision officer.
SECTION 15.  Subchapter B, Chapter 301, Government Code, is amended by adding Section 301.0221 to read as follows:
Sec. 301.0221.  USE OF PSEUDONYM BY VICTIMS OF HUMAN TRAFFICKING. (a) Each legislative committee shall allow a witness who is the victim of an offense under Section 20A.02 or 20A.03, Penal Code, to give testimony to the committee relating to the witness's experience as a victim of trafficking of persons using a pseudonym instead of the witness's name.
(b)  The name of a witness who uses a pseudonym authorized by Subsection (a) is confidential and may not be included in any public records of the committee.
SECTION 16.  Section 481.134(a), Health and Safety Code, is amended by adding Subdivision (8) to read as follows:
(8)  "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
SECTION 17.  Sections 481.134(b), (c), (d), (e), and (f), Health and Safety Code, are amended to read as follows:
(b)  An offense otherwise punishable as a state jail felony under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is punishable as a felony of the third degree, and an offense otherwise punishable as a felony of the second degree under any of those sections is punishable as a felony of the first degree, if it is shown at the punishment phase of the trial of the offense that the offense was committed:
(1)  in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; [or]
(2)  in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility; or
(3)  by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.
(c)  The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:
(1)  in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; [or]
(2)  on a school bus; or
(3)  by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.
(d)  An offense otherwise punishable under Section 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if it is shown on the trial of the offense that the offense was committed:
(1)  in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; [or]
(2)  on a school bus; or
(3)  by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.
(e)  An offense otherwise punishable under Section 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state jail felony if it is shown on the trial of the offense that the offense was committed:
(1)  in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; [or]
(2)  on a school bus; or
(3)  by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.
(f)  An offense otherwise punishable under Section 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class A misdemeanor if it is shown on the trial of the offense that the offense was committed:
(1)  in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; [or]
(2)  on a school bus; or
(3)  by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.
SECTION 18.  Section 42.002, Human Resources Code, is amended by adding Subdivision (25) to read as follows:
(25)  "Grounds" means, with regard to property, the real property, whether fenced or unfenced, of the parcel of land on which is located any appurtenant building, structure, or other improvement, including a public or private driveway, street, sidewalk or walkway, parking lot, and parking garage on the property.
SECTION 19.  Sections 42.042(e), (g), and (g-2), Human Resources Code, are amended to read as follows:
(e)  The executive commissioner shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will:
(1)  promote the health, safety, and welfare of children attending a facility or registered family home;
(2)  promote safe, comfortable, and healthy physical facilities and registered family homes for children;
(3)  ensure adequate supervision of children by capable, qualified, and healthy personnel;
(4)  ensure adequate and healthy food service where food service is offered;
(5)  prohibit racial discrimination by child-care facilities and registered family homes;
(6)  require procedures for parental and guardian consultation in the formulation of children's educational and therapeutic programs;
(7)  prevent the breakdown of foster care and adoptive placement; [and]
(8)  ensure that a child-care facility or registered family home:
(A)  follows the directions of a child's physician or other health care provider in providing specialized medical assistance required by the child; and
(B)  maintains for a reasonable time a copy of any directions from the physician or provider that the parent provides to the facility or home; and
(9)  ensure that a child's health, safety, and welfare are adequately protected on the grounds of a child-care facility or registered family home.
(g)  In promulgating minimum standards the executive commissioner may recognize and treat differently the types of services provided by and the grounds appurtenant to the following:
(1)  listed family homes;
(2)  registered family homes;
(3)  child-care facilities, including general residential operations, cottage home operations, specialized child-care homes, group day-care homes, and day-care centers;
(4)  child-placing agencies;
(5)  agency foster homes;
(6)  continuum-of-care residential operations;
(7)  before-school or after-school programs; and
(8)  school-age programs.
(g-2)  The executive commissioner by rule shall adopt minimum standards that apply to general residential operations that provide comprehensive residential and nonresidential services to persons who are victims of trafficking under Section 20A.02, Penal Code. In adopting the minimum standards under this subsection, the executive commissioner shall consider:
(1)  the special circumstances, [and] needs, and precautions required of victims of trafficking of persons; [and]
(2)  the role of the general residential operations in assisting, [and] supporting, and protecting victims of trafficking of persons; and
(3)  the vulnerability of victims of trafficking of persons on the grounds of a general residential operation operating as a residential treatment center.
SECTION 20.  Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.068 to read as follows:
Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE; CRIMINAL PENALTY. (a) Each general residential operation operating as a residential treatment center shall post "No Trespassing" notices on the grounds of the general residential operation in the following locations:
(1)  parallel to and along the exterior boundaries of the general residential operation's grounds;
(2)  at each roadway or other way of access to the grounds;
(3)  for grounds not fenced, at least every five hundred feet along the exterior boundaries of the grounds;
(4)  at each entrance to the grounds; and
(5)  at conspicuous places reasonably likely to be viewed by intruders.
(b)  Each "No Trespassing" notice posted on the grounds of a general residential operation operating as a residential treatment center must:
(1)  state that entry to the property is forbidden;
(2)  include a description of the provisions of Section 30.05, Penal Code, including the penalties for violating Section 30.05, Penal Code;
(3)  include the name and address of the person under whose authority the notice is posted;
(4)  be written in English and Spanish; and
(5)  be at least 8-1/2 by 11 inches in size.
(c)  The executive commissioner by rule shall determine and prescribe the requirements regarding the placement, installation, design, size, wording, and maintenance procedures for the "No Trespassing" notices.
(d)  The commission shall provide without charge to each general residential operation operating as a residential treatment center the number of "No Trespassing" notices required to comply with this section and rules adopted under this section.
(e)  A person who operates a general residential operation operating as a residential treatment center commits an offense if the commission provides "No Trespassing" notices to the facility and the person fails to display the "No Trespassing" notices on the operation's grounds as required by this section before the end of the 30th business day after the date the operation receives the notices. An offense under this subsection is a Class C misdemeanor.
SECTION 21.  Section 20A.01, Penal Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a)  "Coercion" as defined by Section 1.07 includes:
(A)  destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person's actual or purported:
(i)  government records; or
(ii)  identifying information or documents;
(B)  causing a trafficked person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services; or
(C)  withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.
SECTION 22.  Section 20A.02(b), Penal Code, is amended to read as follows:
(b)  Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:
(1)  the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of the offense;
(2)  the commission of the offense results in the death of the person who is trafficked; [or]
(3)  the commission of the offense results in the death of an unborn child of the person who is trafficked; or
(4)  the actor recruited, enticed, or obtained the victim of the offense from a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, the homeless, or persons subjected to human trafficking, domestic violence, or sexual assault.
SECTION 23.  Section 30.05(a), Penal Code, is amended to read as follows:
(a)  A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person:
(1)  had notice that the entry was forbidden; or
(2)  received notice to depart but failed to do so.
SECTION 24.  Section 30.05(b), Penal Code, is amended by adding Subdivision (13) to read as follows:
(13)  "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
SECTION 25.  Section 30.05(d), Penal Code, is amended to read as follows:
(d)  An offense under this section is:
(1)  a Class B misdemeanor, except as provided by Subdivisions (2) and (3);
(2)  a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:
(A)  on agricultural land and within 100 feet of the boundary of the land; or
(B)  on residential land and within 100 feet of a protected freshwater area; and
(3)  a Class A misdemeanor if:
(A)  the offense is committed:
(i)  in a habitation or a shelter center;
(ii)  on a Superfund site; or
(iii)  on or in a critical infrastructure facility;
(B)  the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of:
(i)  an offense under this section relating to entering or remaining on or in property of an institution of higher education; or
(ii)  an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; [or]
(C)  the person carries a deadly weapon during the commission of the offense; or
(D)  the offense is committed on the property of or within a general residential operation operating as a residential treatment center.
SECTION 26.  Section 71.028(a), Penal Code, is amended to read as follows:
(a)  In this section:
(1)  "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
(2)  "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(3) [(2)]  "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
SECTION 27.  Section 71.028(c), Penal Code, is amended to read as follows:
(c)  Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1)  in, on, or within 1,000 feet of any:
(A)  real property that is owned, rented, or leased by a school or school board;
(B)  premises owned, rented, or leased by an institution of higher education;
(C)  premises of a public or private youth center; [or]
(D)  playground; or
(E)  general residential operation operating as a residential treatment center;
(2)  in, on, or within 300 feet of any:
(A)  shopping mall;
(B)  movie theater;
(C)  premises of a public swimming pool; or
(D)  premises of a video arcade facility; or
(3)  on a school bus.
SECTION 28.  The following provisions are repealed:
(1)  Section 125.0017, Civil Practice and Remedies Code, as added by Chapter 1135 (HB 240), Acts of the 85th Legislature, Regular Session, 2017;
(2)  Section 125.003(d), Civil Practice and Remedies Code;
(3)  Section 125.004(a-3), Civil Practice and Remedies Code, as added by Chapter 1135 (HB 240), Acts of the 85th Legislature, Regular Session, 2017;
(4)  Section 125.068, Civil Practice and Remedies Code; and
(5)  Section 20A.02(a-1), Penal Code.
SECTION 29.  (a) Sections 11.44(b), 11.46(c), and 61.42(c), Alcoholic Beverage Code, as amended by this Act, apply to an application for an alcoholic beverage permit or license filed on or after the effective date of this Act or pending on the effective date of this Act.
(b)  Section 98.007, Civil Practice and Remedies Code, as added by this Act, applies only to an action filed on or after the effective date of this Act.
(c)  The change in law made to Chapters 125 and 140A, Civil Practice and Remedies Code, by this Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law applicable to the cause of action immediately before the effective date of this Act, and that law is continued in effect for that purpose.
(d)  The change in law made to Section 481.134, Health and Safety Code, and the Penal Code by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 30.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 1540 (senate committee printing) as follows:
(1)  In the recital to SECTION 22 of the bill, amending Section 20A.02(b), Penal Code (page 7, line 56), strike "Section 20A.02(b), Penal Code, is" and substitute "Sections 20A.02(a) and (b), Penal Code, are".
(2)  In SECTION 22 of the bill, amending Section 20A.02(b), Penal Code (page 7, between lines 57 and 58), immediately following the recital, insert the following:
(a)  A person commits an offense if the person knowingly:
(1)  traffics another person with the intent that the trafficked person engage in forced labor or services;
(2)  receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;
(3)  traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A)  Section 43.02 (Prostitution);
(B)  Section 43.03 (Promotion of Prostitution);
(B-1)  Section 43.031 (Online Promotion of Prostitution);
(C)  Section 43.04 (Aggravated Promotion of Prostitution);
(C-1)  Section 43.041 (Aggravated Online Promotion of Prostitution); or
(D)  Section 43.05 (Compelling Prostitution);
(4)  receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);
(5)  traffics a child with the intent that the trafficked child engage in forced labor or services;
(6)  receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;
(7)  traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:
(A)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);
(B)  Section 21.11 (Indecency with a Child);
(C)  Section 22.011 (Sexual Assault);
(D)  Section 22.021 (Aggravated Sexual Assault);
(E)  Section 43.02 (Prostitution);
(E-1)  Section 43.021 (Solicitation of Prostitution);
(F)  Section 43.03 (Promotion of Prostitution);
(F-1)  Section 43.031 (Online Promotion of Prostitution);
(G)  Section 43.04 (Aggravated Promotion of Prostitution);
(G-1)  Section 43.041 (Aggravated Online Promotion of Prostitution);
(H)  Section 43.05 (Compelling Prostitution);
(I)  Section 43.25 (Sexual Performance by a Child);
(J)  Section 43.251 (Employment Harmful to Children); or
(K)  Section 43.26 (Possession or Promotion of Child Pornography); or
(8)  receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).
(3)  In SECTION 29(d) of the bill, adding transition language (page 9, lines 43 and 44), strike "The change in law made to Section 481.134, Health and Safety Code, and the Penal Code by this Act applies" and substitute "Except as otherwise provided by this section, the changes in law made by this Act apply".
(4)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 43, Penal Code, is amended by adding Section 43.021, and a heading is added to that section to read as follows:
Sec. 43.021.  SOLICITATION OF PROSTITUTION.
SECTION ____.  Sections 43.02(b) and (c-1), Penal Code, are transferred to Section 43.021, Penal Code, as added by this Act, redesignated as Sections 43.021(a) and (b), Penal Code, respectively, and amended to read as follows:
(a) [(b)]  A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
(b) [(c-1)]  An offense under Subsection (a) [(b)] is a state jail felony [Class A misdemeanor], except that the offense is:
(1)  a [state jail] felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021 [(b)]; or
(2)  a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:
(A)  younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;
(B)  represented to the actor as being younger than 18 years of age; or
(C)  believed by the actor to be younger than 18 years of age.
SECTION ____.  Section 43.021, Penal Code, as added by this Act, is amended by adding Subsection (c) to read as follows:
(c)  A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
SECTION ____.  Section 25.06(a), Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:
(a)  The commission shall deny an original application for a wine and malt beverage retailer's permit if the commission finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:
(1)  prostitution or solicitation of prostitution;
(2)  a vagrancy offense involving moral turpitude;
(3)  bookmaking;
(4)  gambling or gaming;
(5)  an offense involving controlled substances as defined in Chapter 481, Health and Safety Code, or other dangerous drugs;
(6)  a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7)  more than three violations of this code relating to minors;
(8)  bootlegging; or
(9)  an offense involving firearms or a deadly weapon.
SECTION ____.  Section 69.06(a), Alcoholic Beverage Code, is amended to read as follows:
(a)  The commission shall deny an original application for a retail dealer's on-premise license if the commission finds that the applicant or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:
(1)  prostitution or solicitation of prostitution;
(2)  a vagrancy offense involving moral turpitude;
(3)  bookmaking;
(4)  gambling or gaming;
(5)  an offense involving controlled substances as defined in the Texas Controlled Substances Act, including an offense involving a synthetic cannabinoid, or an offense involving other dangerous drugs;
(6)  a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7)  more than three violations of this code relating to minors;
(8)  bootlegging; or
(9)  an offense involving firearms or a deadly weapon.
SECTION ____.  Section 125.0015(a), Civil Practice and Remedies Code, is amended to read as follows:
(a)  A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity maintains a common nuisance:
(1)  discharge of a firearm in a public place as prohibited by the Penal Code;
(2)  reckless discharge of a firearm as prohibited by the Penal Code;
(3)  engaging in organized criminal activity as a member of a combination as prohibited by the Penal Code;
(4)  delivery, possession, manufacture, or use of a substance or other item in violation of Chapter 481, Health and Safety Code;
(5)  gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;
(6)  prostitution as described by Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, or aggravated promotion of prostitution as described by Section 43.04, [prohibited by the] Penal Code;
(7)  compelling prostitution as prohibited by the Penal Code;
(8)  commercial manufacture, commercial distribution, or commercial exhibition of obscene material as prohibited by the Penal Code;
(9)  aggravated assault as described by Section 22.02, Penal Code;
(10)  sexual assault as described by Section 22.011, Penal Code;
(11)  aggravated sexual assault as described by Section 22.021, Penal Code;
(12)  robbery as described by Section 29.02, Penal Code;
(13)  aggravated robbery as described by Section 29.03, Penal Code;
(14)  unlawfully carrying a weapon as described by Section 46.02, Penal Code;
(15)  murder as described by Section 19.02, Penal Code;
(16)  capital murder as described by Section 19.03, Penal Code;
(17)  continuous sexual abuse of young child or children as described by Section 21.02, Penal Code;
(18)  massage therapy or other massage services in violation of Chapter 455, Occupations Code;
(19)  employing a minor at a sexually oriented business as defined by Section 243.002, Local Government Code;
(20)  trafficking of persons as described by Section 20A.02, Penal Code;
(21)  sexual conduct or performance by a child as described by Section 43.25, Penal Code;
(22)  employment harmful to a child as described by Section 43.251, Penal Code;
(23)  criminal trespass as described by Section 30.05, Penal Code;
(24)  disorderly conduct as described by Section 42.01, Penal Code;
(25)  arson as described by Section 28.02, Penal Code;
(26)  criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $500 or more; or
(27)  a graffiti offense in violation of Section 28.08, Penal Code.
SECTION ____.  Article 17.45, Code of Criminal Procedure, is amended to read as follows:
Art. 17.45.  CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus.
SECTION ____.  Article 42A.751(a), Code of Criminal Procedure, is amended to read as follows:
(a)  At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause a defendant convicted under Section 43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health and Safety Code, or placed on deferred adjudication community supervision after being charged with one of those offenses, to be subject to:
(1)  the control measures of Section 81.083, Health and Safety Code; and
(2)  the court-ordered-management provisions of Subchapter G, Chapter 81, Health and Safety Code.
SECTION ____.  Section 62.001(5), Code of Criminal Procedure, is amended to read as follows:
(5)  "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:
(A)  a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.09 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B)  a violation of Section 43.04 (Aggravated promotion of prostitution), 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;
(B-1)  a violation of Section 43.021 (Solicitation of Prostitution) [43.02   (Prostitution)], Penal Code, if the offense is punishable as a felony of the second degree [under Subsection (c-1)(2) of that section];
(C)  a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;
(D)  a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);
(E)  a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:
(i)  the judgment in the case contains an affirmative finding under Article 42.015; or
(ii)  the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;
(F)  the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;
(G)  an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H)  a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), (G), (J), (K), or (L), but not if the violation results in a deferred adjudication;
(I)  the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication;
(J)  a violation of Section 33.021 (Online solicitation of a minor), Penal Code;
(K)  a violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code; or
(L)  a violation of Section 20A.03 (Continuous trafficking of persons), Penal Code, if the offense is based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code.
SECTION ____.  Section 11.066, Education Code, is amended to read as follows:
Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED OF CERTAIN OFFENSES. A person is ineligible to serve as a member of the board of trustees of a school district if the person has been convicted of a felony or an offense under Section 43.021 [43.02(b)], Penal Code.
SECTION ____.  Section 51.03(b), Family Code, is amended to read as follows:
(b)  Conduct indicating a need for supervision is:
(1)  subject to Subsection (f), conduct, other than a traffic offense, that violates:
(A)  the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or
(B)  the penal ordinances of any political subdivision of this state;
(2)  the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;
(3)  conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;
(4)  an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;
(5)  notwithstanding Subsection (a)(1), conduct described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code; or
(6)  notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.
SECTION ____.  Section 261.001(1), Family Code, is amended to read as follows:
(1)  "Abuse" includes the following acts or omissions by a person:
(A)  mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
(B)  causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning;
(C)  physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;
(D)  failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
(E)  sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or children under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(F)  failure to make a reasonable effort to prevent sexual conduct harmful to a child;
(G)  compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under Section 43.021 [43.02(b)], Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code;
(H)  causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic;
(I)  the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child;
(J)  causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code;
(K)  causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code;
(L)  knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or
(M)  forcing or coercing a child to enter into a marriage.
SECTION ____.  Section 71.0353, Government Code, is amended to read as follows:
Sec. 71.0353.  TRAFFICKING OF PERSONS INFORMATION. As a component of the official monthly report submitted to the Office of Court Administration of the Texas Judicial System, a district court or county court at law shall report the number of cases filed for the following offenses:
(1)  trafficking of persons under Section 20A.02, Penal Code;
(2)  prostitution under Section 43.02, Penal Code;
(3)  solicitation of prostitution under Section 43.021, Penal Code; and
(4) [(3)]  compelling prostitution under Section 43.05, Penal Code.
SECTION ____.  Section 402.035(d), Government Code, is amended to read as follows:
(d)  The task force shall:
(1)  collaborate, as needed to fulfill the duties of the task force, with:
(A)  United States attorneys' offices for all of the federal districts of Texas; and
(B)  special agents or customs and border protection officers and border patrol agents of:
(i)  the Federal Bureau of Investigation;
(ii)  the United States Drug Enforcement Administration;
(iii)  the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(iv)  United States Immigration and Customs Enforcement; or
(v)  the United States Department of Homeland Security;
(2)  collect, organize, and periodically publish statistical data on the nature and extent of human trafficking in this state, including data described by Subdivisions (4)(A), (B), (C), (D), and (E);
(3)  solicit cooperation and assistance from state and local governmental agencies, political subdivisions of the state, nongovernmental organizations, and other persons, as appropriate, for the purpose of collecting and organizing statistical data under Subdivision (2);
(4)  ensure that each state or local governmental agency and political subdivision of the state and each state or local law enforcement agency, district attorney, or county attorney that assists in the prevention of human trafficking collects statistical data related to human trafficking, including, as appropriate:
(A)  the number of investigations concerning, arrests and prosecutions for, and convictions of:
(i)  the offense of trafficking of persons;
(ii)  the offense of forgery or an offense under Chapter 43, Penal Code, if the offense was committed as part of a criminal episode involving the trafficking of persons; and
(iii)  an offense punishable as a felony of the second degree under Section 43.021 [43.02(c-1)(2)], Penal Code, regardless of whether the offense was committed as part of a criminal episode involving the trafficking of persons;
(B)  demographic information on persons who are convicted of offenses described by Paragraph (A) and persons who are the victims of those offenses;
(C)  geographic routes by which human trafficking victims are trafficked, including routes by which victims are trafficked across this state's international border, and geographic patterns in human trafficking, including the country or state of origin and the country or state of destination;
(D)  means of transportation and methods used by persons who engage in trafficking to transport their victims; and
(E)  social and economic factors that create a demand for the labor or services that victims of human trafficking are forced to provide;
(5)  work with the Texas Commission on Law Enforcement to develop and conduct training for law enforcement personnel, victim service providers, and medical service providers to identify victims of human trafficking;
(6)  work with the Texas Education Agency, the Department of Family and Protective Services, and the Health and Human Services Commission to:
(A)  develop a list of key indicators that a person is a victim of human trafficking;
(B)  develop a standardized curriculum for training doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;
(C)  train doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;
(D)  develop and conduct training for personnel from the Department of Family and Protective Services and the Health and Human Services Commission on methods for identifying children in foster care who may be at risk of becoming victims of human trafficking; and
(E)  develop a process for referring identified human trafficking victims and individuals at risk of becoming victims to appropriate entities for services;
(7)  on the request of a judge of a county court, county court at law, or district court or a county attorney, district attorney, or criminal district attorney, assist and train the judge or the judge's staff or the attorney or the attorney's staff in the recognition and prevention of human trafficking;
(8)  examine training protocols related to human trafficking issues, as developed and implemented by federal, state, and local law enforcement agencies;
(9)  collaborate with state and local governmental agencies, political subdivisions of the state, and nongovernmental organizations to implement a media awareness campaign in communities affected by human trafficking;
(10)  develop recommendations on how to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims, curb markets and other economic avenues that facilitate human trafficking and investigate and prosecute human trafficking offenders;
(11)  examine the extent to which human trafficking is associated with the operation of sexually oriented businesses, as defined by Section 243.002, Local Government Code, and the workplace or public health concerns that are created by the association of human trafficking and the operation of sexually oriented businesses;
(12)  develop recommendations for addressing the demand for forced labor or services or sexual conduct involving victims of human trafficking, including recommendations for increased penalties for individuals who engage or attempt to engage in solicitation of prostitution with victims younger than 18 years of age; and
(13)  identify and report to the governor and legislature on laws, licensure requirements, or other regulations that can be passed at the state and local level to curb trafficking using the Internet and in sexually oriented businesses.
SECTION ____.  Section 411.042(b), Government Code, is amended to read as follows:
(b)  The bureau of identification and records shall:
(1)  procure and file for record photographs, pictures, descriptions, fingerprints, measurements, and other pertinent information of all persons arrested for or charged with a criminal offense or convicted of a criminal offense, regardless of whether the conviction is probated;
(2)  collect information concerning the number and nature of offenses reported or known to have been committed in the state and the legal steps taken in connection with the offenses, and other information useful in the study of crime and the administration of justice, including information that enables the bureau to create a statistical breakdown of:
(A)  offenses in which family violence was involved;
(B)  offenses under Sections 22.011 and 22.021, Penal Code; and
(C)  offenses under Sections 20A.02, 43.02 [43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
(3)  make ballistic tests of bullets and firearms and chemical analyses of bloodstains, cloth, materials, and other substances for law enforcement officers of the state;
(4)  cooperate with identification and crime records bureaus in other states and the United States Department of Justice;
(5)  maintain a list of all previous background checks for applicants for any position regulated under Chapter 1702, Occupations Code, who have undergone a criminal history background check as required by that chapter, if the check indicates a Class B misdemeanor or equivalent offense or a greater offense;
(6)  collect information concerning the number and nature of protective orders and magistrate's orders of emergency protection and all other pertinent information about all persons subject to active orders, including pertinent information about persons subject to conditions of bond imposed for the protection of the victim in any family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case. Information in the law enforcement information system relating to an active order shall include:
(A)  the name, sex, race, date of birth, personal descriptors, address, and county of residence of the person to whom the order is directed;
(B)  any known identifying number of the person to whom the order is directed, including the person's social security number or driver's license number;
(C)  the name and county of residence of the person protected by the order;
(D)  the residence address and place of employment or business of the person protected by the order;
(E)  the child-care facility or school where a child protected by the order normally resides or which the child normally attends;
(F)  the relationship or former relationship between the person who is protected by the order and the person to whom the order is directed;
(G)  the conditions of bond imposed on the person to whom the order is directed, if any, for the protection of a victim in any family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case;
(H)  any minimum distance the person subject to the order is required to maintain from the protected places or persons; and
(I)  the date the order expires;
(7)  grant access to criminal history record information in the manner authorized under Subchapter F;
(8)  collect and disseminate information regarding offenders with mental impairments in compliance with Chapter 614, Health and Safety Code; and
(9)  record data and maintain a state database for a computerized criminal history record system and computerized juvenile justice information system that serves:
(A)  as the record creation point for criminal history record information and juvenile justice information maintained by the state; and
(B)  as the control terminal for the entry of records, in accordance with federal law and regulations, federal executive orders, and federal policy, into the federal database maintained by the Federal Bureau of Investigation.
SECTION ____.  Section 411.1471(a), Government Code, is amended to read as follows:
(a)  This section applies to a defendant who is:
(1)  arrested for a felony prohibited under any of the following Penal Code sections:
(A)  Section 19.02;
(B)  Section 19.03;
(C)  Section 20.03;
(D)  Section 20.04;
(E)  Section 20.05;
(F)  Section 20.06;
(G)  Section 20A.02;
(H)  Section 20A.03;
(I)  Section 21.02;
(J)  Section 21.11;
(K)  Section 22.01;
(L)  Section 22.011;
(M)  Section 22.02;
(N)  Section 22.021;
(O)  Section 25.02;
(P)  Section 29.02;
(Q)  Section 29.03;
(R)  Section 30.02;
(S)  Section 31.03;
(T)  Section 43.03;
(U)  Section 43.04;
(V)  Section 43.05;
(W)  Section 43.25; or
(X)  Section 43.26; or
(2)  convicted of an offense:
(A)  under Title 5, Penal Code, other than an offense described by Subdivision (1), that is punishable as a Class A misdemeanor or any higher category of offense, except for an offense punishable as a Class A misdemeanor under Section 22.05, Penal Code; or
(B)  under Section 21.08, 25.04, 43.021 [43.02(b)], or 43.24, Penal Code.
SECTION ____.  Section 81.093(a), Health and Safety Code, is amended to read as follows:
(a)  A court may direct a person convicted of an offense under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas Controlled Substances Act), or under Sections 485.031 through 485.035 to be subject to the control measures of Section 81.083 and to the court-ordered management provisions of Subchapter G.
SECTION ____.  The heading to Chapter 169, Health and Safety Code, is amended to read as follows:
CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION PREVENTION PROGRAM
SECTION ____.  Section 169.001, Health and Safety Code, is amended to read as follows:
Sec. 169.001.  FIRST OFFENDER SOLICITATION OF PROSTITUTION PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "first offender solicitation of prostitution prevention program" means a program that has the following essential characteristics:
(1)  the integration of services in the processing of cases in the judicial system;
(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety, to reduce the demand for the commercial sex trade and trafficking of persons by educating offenders, and to protect the due process rights of program participants;
(3)  early identification and prompt placement of eligible participants in the program;
(4)  access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse;
(5)  a coordinated strategy to govern program responses to participant compliance;
(6)  monitoring and evaluation of program goals and effectiveness;
(7)  continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(8)  development of partnerships with public agencies and community organizations.
(b)  If a defendant successfully completes a first offender solicitation of prostitution prevention program, regardless of whether the defendant was convicted of the offense for which the defendant entered the program or whether the court deferred further proceedings without entering an adjudication of guilt, after notice to the state and a hearing on whether the defendant is otherwise entitled to the petition, including whether the required time period has elapsed, and whether issuance of the order is in the best interest of justice, the court shall enter an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, as if the defendant had received a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program if the defendant:
(1)  has not been previously convicted of a felony offense; and
(2)  is not convicted of any other felony offense before the second anniversary of the defendant's successful completion of the program.
SECTION ____.  Sections 169.002(a), (b), (d), (e), and (f), Health and Safety Code, are amended to read as follows:
(a)  The commissioners court of a county or governing body of a municipality may establish a first offender solicitation of prostitution prevention program for defendants charged with an offense under Section 43.021 [43.02(b)], Penal Code.
(b)  A defendant is eligible to participate in a first offender solicitation of prostitution prevention program established under this chapter only if:
(1)  the attorney representing the state consents to the defendant's participation in the program; and
(2)  the court in which the criminal case is pending finds that the defendant has not been previously convicted of:
(A)  an offense under Section 20A.02, 43.02(b), as that law existed before September 1, 2021 [43.02], 43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
(B)  an offense listed in Article 42A.054(a), Code of Criminal Procedure; or
(C)  an offense punishable as a felony under Chapter 481.
(d)  A defendant is not eligible to participate in the first offender solicitation of prostitution prevention program if the defendant offered or agreed to hire a person to engage in sexual conduct and the person was younger than 18 years of age at the time of the offense.
(e)  The court in which the criminal case is pending shall allow an eligible defendant to choose whether to participate in the first offender solicitation of prostitution prevention program or otherwise proceed through the criminal justice system.
(f)  If a defendant who chooses to participate in the first offender solicitation of prostitution prevention program fails to attend any portion of the program, the court in which the defendant's criminal case is pending shall issue a warrant for the defendant's arrest and proceed on the criminal case as if the defendant had chosen not to participate in the program.
SECTION ____.  Section 169.003(a), Health and Safety Code, is amended to read as follows:
(a)  A first offender solicitation of prostitution prevention program established under this chapter must:
(1)  ensure that a person eligible for the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(2)  allow any participant to withdraw from the program at any time before a trial on the merits has been initiated;
(3)  provide each participant with information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse; and
(4)  provide each participant with classroom instruction related to the prevention of the solicitation of prostitution.
SECTION ____.  Sections 169.004, 169.005, and 169.006, Health and Safety Code, are amended to read as follows:
Sec. 169.004.  OVERSIGHT. (a) The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of first offender solicitation of prostitution prevention programs established under this chapter.
(b)  A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a first offender solicitation of prostitution prevention program established under this chapter.
(c)  A first offender solicitation of prostitution prevention program established under this chapter shall:
(1)  notify the criminal justice division of the governor's office before or on implementation of the program; and
(2)  provide information regarding the performance of the program to the division on request.
Sec. 169.005.  REIMBURSEMENT FEES. (a) A first offender solicitation of prostitution prevention program established under this chapter may collect from a participant in the program a nonrefundable reimbursement fee for the program in a reasonable amount not to exceed $1,000, from which the following must be paid:
(1)  a counseling and services reimbursement fee in an amount necessary to cover the costs of the counseling and services provided by the program; and
(2)  a law enforcement training reimbursement fee, in an amount equal to five percent of the total amount paid under Subdivision (1), to be deposited to the credit of the treasury of the county or municipality that established the program to cover costs associated with the provision of training to law enforcement personnel on domestic violence, prostitution, and the trafficking of persons.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or program director administering the first offender solicitation of prostitution prevention program. The fees must be based on the participant's ability to pay.
Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE REQUIREMENT. (a) To encourage participation in a first offender solicitation of prostitution prevention program established under this chapter, the judge or magistrate administering the program may suspend any requirement that, as a condition of community supervision, a participant in the program work a specified number of hours at a community service project.
(b)  On a participant's successful completion of a first offender solicitation of prostitution prevention program, a judge or magistrate may excuse the participant from any condition of community supervision previously suspended under Subsection (a).
SECTION ____.  Section 455.202(d)(2), Occupations Code, is amended to read as follows:
(2)  "Sexual contact" includes:
(A)  any touching of any part of the genitalia or anus;
(B)  any touching of the breasts of a female without the written consent of the female;
(C)  any offer or agreement to engage in any activity described in Paragraph (A) or (B);
(D)  kissing without the consent of both persons;
(E)  deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion [promotions] of prostitution as described in Chapters 21, 22, and 43, Penal Code, or any offer or agreement to engage in such activities;
(F)  any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual; or
(G)  inappropriate sexual comments about or to a client, including sexual comments about a person's body.
SECTION ____.  Section 15.031(b), Penal Code, is amended to read as follows:
(b)  A person commits an offense if, with intent that an offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections.
SECTION ____.  Section 25.08(c), Penal Code, is amended to read as follows:
(c)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
SECTION ____.  Section 25.081(c), Penal Code, is amended to read as follows:
(c)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
SECTION ____.  Section 43.01, Penal Code, is amended by adding Subdivision (6) to read as follows:
(6)  "Solicitation of prostitution" means the offense defined in Section 43.021.
SECTION ____.  Section 43.031(a), Penal Code, is amended to read as follows:
(a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution.
SECTION ____.  Section 43.041(a), Penal Code, is amended to read as follows:
(a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.
SECTION ____.  Section 93.013(a), Property Code, is amended to read as follows:
(a)  Notwithstanding a provision in a lease to the contrary, a tenant's right of possession terminates and the landlord has a right to recover possession of the leased premises if the tenant is using the premises or allowing the premises to be used for the purposes of prostitution as described by Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, aggravated promotion of prostitution as described by Section 43.04, Penal Code, [or] compelling prostitution[,] as described [prohibited] by Section 43.05, [the] Penal Code, or trafficking of persons as described by Section 20A.02, Penal Code.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend CSHB 1540 (senate committee printing) as follows:
(1)  In the recital to SECTION 21 of the bill, amending Section 20A.01, Penal Code (page 7, line 37), strike "Subdivision (1-a)" and substitute "Subdivisions (1-a), (2-a), and (2-b)".
(2)  In SECTION 21 of the bill, immediately following added Section 20A.01(1-a), Penal Code (page 7, between lines 55 and 56), insert the following:
(2-a)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2-b)  "School" means a public or private primary or secondary school.
(3)  Strike the recital to SECTION 22 of the bill, amending Section 20A.02, Penal Code (page 7, lines 56 and 57), and substitute the following:
SECTION 22.  Section 20A.02, Penal Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(4)  In SECTION 22 of the bill, in amended Section 20A.02(b), Penal Code (page 7, line 58), between "subsection" and the comma, insert "and Subsection (b-1)".
(5)  In SECTION 22 of the bill, immediately following amended Section 20A.02(b), Penal Code (page 8, between lines 3 and 4), insert the following:
(b-1)  An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1)  on the premises of or within 1,000 feet of the premises of a school; or
(2)  on premises or within 1,000 feet of premises where:
(A)  an official school function was taking place; or
(B)  an event sponsored or sanctioned by the University Interscholastic League was taking place.
(6)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.086 to read as follows:
Sec. 37.086.  REQUIRED POSTING OF WARNING SIGNS OF INCREASED TRAFFICKING PENALTIES. (a) In this section:
(1)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2)  "School" means a public or private primary or secondary school.
(b)  Each school shall post warning signs of the increased penalties for trafficking of persons under Section 20A.02(b-1)(2), Penal Code, at the following locations:
(1)  parallel to and along the exterior boundaries of the school's premises;
(2)  at each roadway or other way of access to the premises;
(3)  for premises not fenced, at least every five hundred feet along the exterior boundaries of the premises;
(4)  at each entrance to the premises; and
(5)  at conspicuous places reasonably likely to be viewed by all persons entering the premises.
(c)  The agency, in consultation with the human trafficking prevention task force created under Section 402.035, Government Code, shall adopt rules regarding the placement, installation, design, size, wording, and maintenance procedures for the warning signs required under this section. The rules must require that each warning sign:
(1)  include a description of the provisions of Section 20A.02(b-1), Penal Code, including the penalties for violating that section;
(2)  be written in English and Spanish; and
(3)  be at least 8-1/2 by 11 inches in size.
(d)  The agency shall provide each school without charge the number of warning signs required to comply with this section and rules adopted under this section. If the agency is unable to provide each school with the number of signs necessary to comply with Subsection (b), the agency may:
(1)  provide to a school fewer signs than the number necessary to comply with that section; and
(2)  prioritize distribution of signs to schools based on reports of criminal activity in the areas near that school.
SECTION ____.  Section 33.021, Penal Code, is amended by adding Subsection (f-1) to read as follows:
(f-1)  The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:
(1)  the actor committed the offense during regular public or private primary or secondary school hours; and
(2)  the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense.
SECTION ____.  Section 43.01, Penal Code, is amended by adding Subdivisions (1-f) and (2-a) to read as follows.
(1-f)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2-a)  "School" means a public or private primary or secondary school.
SECTION ____.  Section 43.02, Penal Code, is amended by adding Subsection (c-2) to read as follows:
(c-2)  The punishment prescribed for an offense under Subsection (b) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1)  on the premises of or within 1,000 feet of the premises of a school; or
(2)  on premises or within 1,000 feet of premises where:
(A)  an official school function was taking place; or
(B)  an event sponsored or sanctioned by the University Interscholastic League was taking place.
SECTION ____.  The Texas Education Agency is required to implement the change in law made by Section 37.086(d), Education Code, as added by this Act, only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the agency may, but is not required to, implement the change in law made by Section 37.086(d), Education Code, as added by this Act, using other appropriations available for that purpose.

HB 4056 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 4056, A bill to be entitled An Act relating to the establishment of a committee to study the formation of a Texas Bicentennial Commission.

Representative Meza moved to concur in the senate amendments to HB 4056.

The motion to concur in the senate amendments to HB 4056 prevailed by (Record 1573): 104 Yeas, 43 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Bucy; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Davis; Deshotel; Dominguez; Dutton; 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, P.; King, T.; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Shaheen; Sherman; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Buckley; Burns; Burrows; Cain; Cason; Cook; Darby; Dean; Ellzey; Frank; Gates; Goldman; Harris; Hefner; Hull; Klick; Krause; Kuempel; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Patterson; Sanford; Schaefer; Schofield; Shine; Slaton; Slawson; Smith; Smithee; Swanson; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

STATEMENT OF VOTE

When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.

Holland

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4056 (senate committee report) by striking SECTION 2(a) of the bill providing for the committee's composition (page 1, line 25, through page 2, line 2) and substituting the following:
(a)  The committee is composed of 18 members as follows:
(1)  one member appointed by the governor who serves as presiding officer;
(2)  one member appointed jointly by the lieutenant governor and the speaker of the house of representatives who serves as assistant presiding officer;
(3)  five senators appointed by the lieutenant governor;
(4)  five representatives appointed by the speaker of the house of representatives; and
(3)  six nonvoting members appointed by the governor who are residents of this state with at least one member appointed from each state senatorial district that contains one of the following:
(A)  Fair Park;
(B)  the San Jacinto Battleground State Historic Site;
(C)  the Alamo;
(D)  the State Capitol; or
(E)  Washington-on-the-Brazos State Historic Site.

HB 3026 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3026, A bill to be entitled An Act relating to the operation and regulation of certain automated motor vehicles.

Representative Canales moved to concur in the senate amendments to HB 3026.

The motion to concur in the senate amendments to HB 3026 prevailed by (Record 1574): 106 Yeas, 41 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bowers; Buckley; Bucy; Burns; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Paul; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Spiller; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; White; Wu; Zwiener.

Nays — Biedermann; Bonnen; Burrows; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Frank; Goldman; Harless; Harris; Hull; Krause; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Parker; Patterson; Price; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stucky; Swanson; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

STATEMENTS OF VOTE

When Record No. 1574 was taken, I was shown voting yes. I intended to vote no.

C. Bell

When Record No. 1574 was taken, I was shown voting yes. I intended to vote no.

Buckley

When Record No. 1574 was taken, I was shown voting no. I intended to vote yes.

Harless

When Record No. 1574 was taken, I was shown voting yes. I intended to vote no.

Hefner

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3026 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in the amended heading to Section 545.452, Transportation Code (page 1, line 24), between "OF" and "AUTOMATED", insert "THE OPERATION OF".
(2)  In SECTION 2 of the bill, in amended Section 545.452(a), Transportation Code (page 1, line 29), between the comma and "automated", insert "the operation of".
(3)  In SECTION 2 of the bill, in amended Section 545.452(a), Transportation Code (page 1, lines 30-31), strike "or operation of automated motor vehicles".

HB 3853 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3853, A bill to be entitled An Act relating to middle mile broadband service provided by an electric utility.

Representative Anderson moved to concur in the senate amendments to HB 3853.

The motion to concur in the senate amendments to HB 3853 prevailed by (Record 1575): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Fierro; Gervin-Hawkins; Walle.

STATEMENT OF VOTE

When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.

Gervin-Hawkins

Senate Committee Substitute

CSHB 3853, A bill to be entitled An Act relating to middle mile broadband service provided by an electric utility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 43, Utilities Code, is amended to read as follows:
CHAPTER 43. PROVISION [USE] OF MIDDLE MILE [ELECTRIC DELIVERY SYSTEM FOR ACCESS TO] BROADBAND SERVICE BY ELECTRIC UTILITIES [AND OTHER ENHANCED SERVICES, INCLUDING COMMUNICATIONS]
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 43.001.  LEGISLATIVE FINDINGS. (a) The legislature finds that access to quality, high-speed broadband Internet service is important to this state, is a necessary prerequisite for enabling economic development and improving education, health care, public safety, and government services in this state, and provides other benefits to its citizens [broadband over power lines, also known as BPL, is an emerging technology platform that offers a means of providing broadband services to reach homes and businesses. BPL services can also be used to enhance existing electric delivery systems, which can result in improved service and reliability for electric customers].
(b)  [The legislature finds that access to quality, high speed broadband services is important to this state.     BPL deployment in Texas has the potential to extend broadband service to customers where broadband access is currently not available and may provide an additional option for existing broadband consumers in Texas, resulting in a more competitive market for broadband services.] The legislature [further] finds that broadband [BPL] development in unserved and underserved areas of Texas can be facilitated by [is fully dependent upon] the participation of electric utilities in this state that own and operate [power lines and related] facilities that may be useful [are necessary] for the full deployment of broadband service by Internet service providers throughout this state [construction of BPL systems and the provision of BPL services].
(c)  The legislature finds that electric utilities have existing infrastructure in place throughout this state and that excess fiber capacity on that infrastructure could be used to provide middle mile broadband service in unserved and underserved areas.
(d)  The [(c) Consistent with the goal of increasing options for telecommunications in this state, the] legislature finds that it is in the public interest to encourage the deployment of broadband service in unserved and underserved areas [BPL] by permitting electric utilities to own, construct, or operate fiber facilities for the support of electric service and to lease excess fiber capacity for the provision of middle mile broadband service [affiliates of the electric utility, or permitting unaffiliated entities, to own or operate all or a portion of such BPL systems]. The purpose of this chapter is to provide the appropriate framework to facilitate the leasing of excess fiber capacity on electric utility facilities [support the deployment of BPL].
(e) [(d)]  The legislature finds that an electric utility may choose to implement middle mile broadband service to lease excess fiber capacity to Internet service providers [BPL] under the procedures set forth in this chapter, but is not required to do so. The electric utility shall have the right to decide, in its sole discretion, whether to implement middle mile broadband service [BPL] and may not be penalized for deciding to implement or not to implement that service [BPL].
Sec. 43.002.  APPLICABILITY. (a) This chapter applies to an electric utility whether or not the electric utility is offering customer choice under Chapter 39.
(b)  If there is a conflict between the specific provisions of this chapter and any other provisions of this title, the provisions of this chapter control.
(c)  Except as otherwise provided by this title, no [No] provision of this title imposes [shall impose] an obligation on an electric utility to construct or operate facilities to [implement BPL, to] provide middle mile broadband service [services], or to allow others to install [BPL] facilities or use the electric utility's facilities for the provision of broadband service [services].
Sec. 43.003.  DEFINITIONS. In this chapter:
(1)  "Broadband service" means retail Internet service provided by a commercial Internet service provider with the capability of providing a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second ["BPL," "broadband over power lines," and "BPL services" mean the provision of broadband services over electric power lines and related facilities, whether above ground or in underground conduit].
(2)  "Internet ["BPL access" means the ability to access broadband services via a BPL operator or BPL Internet service provider.
[(3)     "BPL operator" means an entity that owns or operates a BPL system on the electric power lines and related facilities of an electric utility.
[(4)     "BPL Internet] service provider" means a commercial [and "BPL ISP" mean an] entity that provides Internet services [to others on a wholesale basis or] to end-use customers on a retail basis.
(3) [(5)     "BPL system" means the materials, equipment, and other facilities installed on electric utility property to facilitate the provision of BPL services.
[(6)     "BPL electric utility applications" means services and technologies that are used and useful and designed to improve the operational performance and service reliability of an electric utility including, but not limited to, automated meter reading, real time system monitoring and meter control, remote service control, outage detection and restoration, predictive maintenance and diagnostics, and monitoring and enhancement of power quality.
[(7)]  "Electric delivery system" means the power lines and related transmission and distribution facilities constructed [used by an electric utility] to deliver electric energy to the electric utility's customers.
(4) [(8)]  "Electric utility" includes [shall include] an electric utility and a transmission and distribution utility as defined in Section 31.002(6) or (19).
(5)  "Middle mile broadband service" means the provision of excess fiber capacity on an electric utility's electric delivery system or other facilities to an Internet service provider to provide broadband service. The term does not include provision of Internet service to end-use customers on a retail basis.
SUBCHAPTER B. DEVELOPMENT OF MIDDLE MILE BROADBAND SERVICE [BPL SYSTEMS]
Sec. 43.051.  AUTHORIZATION FOR MIDDLE MILE BROADBAND SERVICE [BPL SYSTEM]. (a) An [affiliate of an] electric utility [or a person unaffiliated with an electric utility] may own, construct, maintain, and operate fiber optic cables and other facilities for providing middle mile broadband service in unserved and underserved areas [a BPL system and provide BPL services on an electric utility's electric delivery system] consistent with the requirements of this chapter. Nothing in this chapter prohibits [shall prohibit] an entity defined in Section 11.003(9) from providing broadband [BPL] service to an Internet service provider or owning and operating a broadband [BPL] system as otherwise permitted by law.
(b)  The electric utility shall determine on a nondiscriminatory basis which Internet service providers may access excess fiber capacity on the electric utility's electric delivery system or other facilities and provide access points to allow connection between the electric utility's electric delivery system or other facilities and the systems of those Internet service providers. The electric utility shall provide access to excess fiber capacity only on reasonable and nondiscriminatory terms and conditions that assure the electric utility the unimpaired ability to comply with and enforce all applicable federal and state requirements regarding the safety, reliability, and security of the electric delivery system. [Nothing in this chapter shall prohibit an electric utility from providing construction or maintenance services to a BPL operator or BPL ISP provided that the costs of these services are properly accounted for between the electric utility and the BPL operator or BPL ISP.]
Sec. 43.052.  [OWNERSHIP AND OPERATION OF BPL SYSTEM. (a) An electric utility may elect to:
[(1)     allow an affiliate to own or operate a BPL system on the utility's electric delivery system;
[(2)     allow an unaffiliated entity to own or operate a BPL system on the electric utility's electric delivery system; or
[(3)     allow an affiliate or unaffiliated entity to provide Internet service over a BPL system.
[(b)     The BPL operator and the electric utility shall determine what BPL Internet service providers may have access to broadband capacity on the BPL system.
[Sec. 43.053. FEES AND] CHARGES. [(a)] An electric utility that owns and operates facilities to provide middle mile broadband service may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis and [allows an affiliate or an unaffiliated entity to own a BPL system on the electric utility's electric delivery system] shall charge the Internet service provider [owner of the BPL system] for the use of the electric utility's [electric delivery] system for all costs associated with that use. The rates, terms, and conditions of a lease of excess fiber capacity described by this section must be nondiscriminatory. An electric utility may not lease excess fiber capacity to provide middle mile broadband service to an affiliated Internet service provider.
[(b)     An electric utility may pay a BPL owner, a BPL operator, or a BPL ISP for the use of the BPL system required to operate BPL utility applications.
[(c)     If all or part of a BPL system is installed on poles or other structures of a telecommunications utility as that term is defined in Section 51.002, the owner of the BPL system shall be required to pay the telecommunications utility an annual fee consistent with the usual and customary charges for access to the space occupied by that portion of the BPL system so installed.
[(d)     Notwithstanding Subsections (a)-(c):
[(1)     an electric utility may not charge an affiliate under this section an amount less than the electric utility would charge an unaffiliated entity for the same item or class of items;
[(2)     an electric utility may not pay an affiliate under this section an amount more than the affiliate would charge an unaffiliated entity for the same item or class of items; and
[(3)     an electric utility or an affiliate of an electric utility may not discriminate against a retail electric provider that is not affiliated with the utility in the terms or availability of BPL services.]
Sec. 43.053  [43.054]. NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED. (a) Because broadband [BPL] systems provide benefits to electric delivery systems, the installation of facilities to provide middle mile broadband service [a BPL system] on an electric delivery system or other facilities does [shall] not require the electric utility [or the owner of the BPL system] or an entity defined in Section 11.003(9) to obtain, modify, or expand easements or other rights-of-way for the middle mile broadband service [BPL system] or to give additional consideration as a result of the installation or the operation of middle mile broadband service on the electric delivery system or other facilities of the electric utility or entity, unless the property owner protests the use as provided by this section [a BPL system].
(b)  Not later than the 60th day before the date an electric utility begins construction in an easement or other property right of fiber optic cables and other facilities for providing middle mile broadband service, the electric utility shall provide written notice to the owners of the affected property of the electric utility's intent to use the easement or other property right for middle mile broadband service.
(c)  Notice under this section must:
(1)  be sent by first class mail to the last known address of each person in whose name the affected property is listed on the most recent tax roll of each county authorized to levy property taxes against the property; and
(2)  state whether any new fiber optic cables used for middle mile broadband service will be located above or below ground in the easement or other property right.
(d)  Not later than the 60th day after the date an electric utility mails notice under this section, a property owner entitled to the notice may submit to the electric utility a written protest of the intended use of the easement or other property right for middle mile broadband service. An electric utility that receives a timely written protest may not use the easement or other property right for middle mile broadband service unless the protestor later agrees in writing to that use or that use is authorized by law. If a property owner fails to submit a timely written protest, an electric utility may proceed under Subsection (a) without modifying or expanding the easement for that property owner.
(e)  An electric utility that receives a timely written protest under Subsection (d) regarding proposed middle mile broadband service may cancel the project at any time.
(f)  The requirements of this section do not apply to an existing easement that permits the provision of third-party middle mile broadband service on an electric delivery system. [For purposes of this section, installation of a BPL system shall be deemed to be consistent with installation of an electric delivery system.]
Sec. 43.054  [43.055]. RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED. An electric utility that installs [allows the installation] and operates facilities to provide middle mile broadband service [operation of a BPL system on its electric delivery system] shall employ all reasonable measures to ensure that the operation of the middle mile broadband service [BPL system] does not interfere with or diminish the reliability of the utility's electric delivery system. If [Should] a disruption in the provision of electric service occurs [occur], the electric utility is [shall be] governed by the terms and conditions of the retail electric delivery service tariff. The electric utility may take all necessary actions regarding its middle mile broadband service and the facilities required in the provision of that service to address circumstances that may pose health, safety, security, or reliability concerns. At all times, the provision of broadband service is [services shall be] secondary to the reliable provision of electric delivery services. Except as provided by contract or tariff, an electric utility is not liable to any person, including an Internet service provider, for any damages, including direct, indirect, physical, economic, exemplary, or consequential damages, including loss of business, loss of profits or revenue, or loss of production capacity caused by a fluctuation, disruption, or interruption of middle mile broadband service that is caused in whole or in part by:
(1)  force majeure; or
(2)  the electric utility's provision of electric delivery services, including actions taken by the electric utility to ensure the reliability and security of the electric delivery system and actions taken in response to address all circumstances that may pose health, safety, security, or reliability concerns.
SUBCHAPTER C. IMPLEMENTATION OF MIDDLE MILE BROADBAND SERVICE [BPL SYSTEM] BY ELECTRIC UTILITY
Sec. 43.101.  PARTICIPATION BY ELECTRIC UTILITY. (a) An electric utility[, through an affiliate or through an unaffiliated entity,] may [elect to] install and operate facilities to provide middle mile broadband service [a BPL system] on any part of its electric delivery system or other facilities for Internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service [some or all of its electric delivery system in any part or all of its certificated service area].
(b)  The installation, operation, and use of middle mile broadband service and the lease of excess fiber capacity by Internet service providers from an electric utility may [a BPL system and the provision of BPL services shall] not be regulated by any state agency, a municipality, or local government other than as provided by [for in] this chapter.
(c)  An electric utility that owns and operates middle mile broadband service:
(1)  may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis; and
(2)  may not provide Internet service to end-use customers on a retail basis.
(d) [(c)]  The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not:
(1)  require an electric utility[, either through an affiliate or an unaffiliated entity,] to install [a BPL system on its power lines] or offer middle mile broadband service on the utility's electric delivery system or other facilities [BPL services in all or any part of the electric utility's certificated service area];
(2)  require an electric utility to allow others to install middle mile broadband service [a BPL system] on the utility's electric delivery system or other facilities [in any part or all of the electric utility's certificated service area]; or
(3)  prohibit an electric utility from installing or offering middle mile broadband service on the utility's electric delivery system or other facilities [having an affiliate or unaffiliated entity install a BPL system or offering BPL services in any part or all of the electric utility's certificated service area].
(e) [(d)]  If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government may not require [is prohibited from requiring] a franchise or an amendment to a franchise or require an additional [from requiring a] charge, fee, or tax from the electric utility [any entity] for use of the public rights-of-way for middle mile broadband service [a BPL system].
(f)  If the state or a municipality or local government is not already collecting a charge or fee from the electric utility for the use of the public rights-of-way, the [(e) The] state or a municipality or local government may impose a charge on the provision of middle mile broadband service [BPL services], but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband service [services] for use of the public rights-of-way in its respective jurisdiction.
Sec. 43.102.  COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN. (a) An electric utility that plans a project to deploy middle mile broadband service shall submit to the commission a written plan that includes:
(1)  the route of the middle mile broadband service infrastructure proposed for the project;
(2)  the location of the electric utility's infrastructure that will be used in connection with the project;
(3)  an estimate of potential broadband customers that would be served by the Internet service provider;
(4)  the estimated cost of the project, including engineering costs, construction costs, permitting costs, right-of-way costs, and a reasonable allowance for funds used during construction;
(5)  the proposed schedule of construction for the project;
(6)  testimony, exhibits, or other evidence that demonstrates the project will allow for the provision and maintenance of middle mile broadband service; and
(7)  any other information that the applicant considers relevant or that the commission requires.
(b)  The commission, after notice and hearing if required by the commission, shall approve the plan if the commission finds that the plan includes all the items required by Subsection (a) and by commission rule.
(c)  The commission must approve, modify, or reject a plan submitted to the commission under this section not later than the 181st day after the date the plan is submitted under Subsection (a). Notwithstanding any other provision of this title, if the commission approves a plan under this section, the commission shall issue a finding on the approved middle mile broadband service that:
(1)  the service is used and useful to the electric utility;
(2)  the costs associated with the service are reasonable; and
(3)  the service is prudent and may be included in the electric utility's rate base.
(d)  An approved plan may be updated or amended subject to commission approval in accordance with this section.
Sec. 43.103  [43.102]. COST RECOVERY FOR DEPLOYMENT OF MIDDLE MILE BROADBAND FACILITIES [BPL AND UTILITY APPLICATIONS]. (a) Where an electric utility installs facilities used to provide middle mile broadband service [permits the installation of a BPL system on its electric delivery system] under Section 43.051 [43.052(a)], the electric utility's investment in those facilities is [that BPL system to directly support the BPL electric utility applications and other BPL services consumed by the electric utility that are used and useful in providing electric utility service shall be] eligible for inclusion in the electric utility's invested capital, and any fees or operating expenses that are reasonable and necessary are [shall be] eligible for inclusion as operating expenses for purposes of any proceeding under Chapter 36. The commission may allow an electric utility to recover investment and associated costs in middle mile broadband service if the plan for the service has been submitted and approved under Section 43.102 [The invested capital and expenses described in this section must be allocated to the customer classes directly receiving the services].
(b)  In a [any] proceeding under Chapter 36, revenue received by an electric utility from an Internet service provider for the use of middle mile broadband service must be applied as a revenue credit to customers in proportion to the customers' funding of the underlying infrastructure [just and reasonable charges for the use of the electric utility's electric delivery system by a BPL owner or operator shall be limited to the usual and customary pole attachment charges paid to the electric utility for comparable space by cable television operators].
[(c)     The revenues of an affiliated BPL operator or an affiliated BPL ISP shall not be deemed the revenues of an electric utility for purposes of setting rates under Chapter 36.]
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
Sec. 43.151.  [AFFILIATES OF ELECTRIC UTILITY. (a) Subject to the limitations of this chapter, an electric utility may have a full or partial ownership interest in a BPL operator or a BPL ISP.     Whether a BPL operator or a BPL ISP is an affiliate of the electric utility shall be determined under Section 11.003(2) or Section 11.006.
[(b)     Neither a BPL operator nor a BPL ISP shall be considered a "competitive affiliate" of an electric utility as that term is defined in Section 39.157.
[Sec. 43.152.] COMPLIANCE WITH FEDERAL AND STATE LAW. An electric utility that owns and operates facilities for the provision of middle mile broadband service [BPL operators] shall comply with all applicable federal and state laws[, including those protecting licensed spectrum users from interference by BPL systems.     The operator of a radio frequency device shall be required to cease operating the device upon notification by a Federal Communications Commission or Public Utilities Commission representative that the device is causing harmful interference.     Operation shall not resume until the condition causing the harmful interference has been corrected].
SECTION 2.  Section 33.001(b), Utilities Code, is repealed.
SECTION 3.  Not later than the 270th day after the effective date of this Act, the Public Utility Commission of Texas shall adopt any rules necessary to implement Chapter 43, Utilities Code, as amended by this Act.
SECTION 4.  The Public Utility Commission of Texas is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations that are available for that purpose.
SECTION 5.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3853 (senate committee report) in SECTION 1 of the bill as follows:
(1)  In added Section 43.102 Utilities Code (page 6, between lines 22 and 23) add the following new subsection (a)(4) and renumber existing subsections accordingly:
(4)  the capacity, number of fiber strands, and any other facilities of the middle mile broadband service that will be available to lease to Internet service providers;
(2)  Strike page 6, line 38, through page 6, line 49, and substitute the following:
(c)  The commission must approve, modify, or reject a plan submitted to the commission under this section not later than the 181st day after the date the plan is submitted under Subsection (a).

HB 3476 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

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

HB 3476, A bill to be entitled An Act relating to certificates of public convenience and necessity issued to water utilities inside the boundaries or extraterritorial jurisdiction of certain municipalities.

Representative Schofield moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3476.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 3476: Schofield, chair; Moody, Oliverson, Rodriguez, and Zwiener.

HB 2086 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative E. Morales called up with senate amendments for consideration at this time,

HB 2086, A bill to be entitled An Act relating to appeals from an interlocutory order denying a motion for summary judgment by certain contractors.

Representative E. Morales moved to concur in the senate amendments to HB 2086.

The motion to concur in the senate amendments to HB 2086 prevailed by (Record 1576): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; 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; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Walle.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2086 (senate committee printing) in SECTION 1 of the bill, amending Section 51.014(a), Civil Practice and Remedies Code (page 2, line 4), by inserting "grants or" between "(15)" and "denies".

HB 2593 - WITH SENATE AMENDMENTS

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

HB 2593, A bill to be entitled An Act relating to the criminal penalties for the possession of certain tetrahydrocannabinols under the Texas Controlled Substances Act.

HB 2593 - POINT OF ORDER

Representative Biedermann raised a point of order against further consideration of the senate amendments to HB 2593 under Rule 11, Section 2, of the House Rules on the grounds that Senate Amendment No. 1 is not germane.

(Harris in the chair)

The point of order was withdrawn.

HB 1518 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1518, A bill to be entitled An Act relating to the hours for selling alcoholic beverages in certain establishments.

Representative Dutton moved to concur in the senate amendments to HB 1518.

The motion to concur in the senate amendments to HB 1518 prevailed by (Record 1577): 115 Yeas, 24 Nays, 2 Present, not voting.

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

Nays — Ashby; Bell, K.; Biedermann; Bonnen; Burrows; Cain; Capriglione; Craddick; Cyrier; Frank; King, P.; Klick; Krause; Lambert; Landgraf; Noble; Paul; Price; Rogers; Schaefer; Shaheen; Sherman; Thompson, E.; VanDeaver.

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

Absent, Excused — Coleman.

Absent — Geren; Holland; Huberty; Hull; King, T.; Meyer; Walle; White.

STATEMENTS OF VOTE

When Record No. 1577 was taken, I was shown voting yes. I intended to vote no.

C. Bell

When Record No. 1577 was taken, I was in the house but away from my desk. I would have voted no.

Geren

When Record No. 1577 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1577 was taken, I was shown voting yes. I intended to vote no.

Slawson

When Record No. 1577 was taken, I was shown voting yes. I intended to vote no.

Stucky

When Record No. 1577 was taken, I was shown voting yes. I intended to vote no.

Swanson

When Record No. 1577 was taken, I was in the house but away from my desk. I would have voted yes.

White

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1518 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 24.07, Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:
Sec. 24.07.  HOURS OF SALE.  A holder of a wine only package store permit may remain open and sell malt beverages, wine, and vinous liquors, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of malt beverages under Section 105.05 [that the holder of a wine and malt beverage retailer's permit may sell malt beverages and wine], except that the permittee may not sell wine or vinous liquor containing more than 17 percent alcohol by volume on a Sunday or after 10 p.m. on any day.
SECTION ____.  Section 105.04, Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:
Sec. 105.04.  HOURS OF SALE: WINE AND MALT BEVERAGE RETAILER.  The hours of sale and delivery for alcoholic beverages sold under a wine and malt beverage retailer's permit or a wine and malt beverage retailer's off-premise permit are the same as those prescribed for the sale of malt beverages under Section 105.05[, except that no sale shall be allowed between 2 a.m. and noon on Sunday].
SECTION ____.  Section 105.05(b), Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:
(b)  A person may sell, offer for sale, or deliver malt beverages between 7 a.m. and midnight on any day except Sunday.  On Sunday a person may sell malt beverages between midnight and 1:00 a.m. and between noon and midnight, except that:
(1)  permittees or licensees authorized to sell for on-premise consumption may sell malt beverages between 10:00 a.m. and noon if the malt beverages are served to a customer during the service of food to the customer; and
(2)  holders of a retail dealer's on-premise license or a retail dealer's off-premise license may also sell malt beverages for off-premise consumption between 10:00 a.m. and noon.

HB 1802 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1802, A bill to be entitled An Act relating to a study on the use of alternative therapies for treating post-traumatic stress disorder.

Representative Dominguez moved to concur in the senate amendments to HB 1802.

The motion to concur in the senate amendments to HB 1802 prevailed by (Record 1578): 134 Yeas, 9 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; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Krause; Kuempel; Lambert; 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; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Cain; Cook; Landgraf; Noble; Paul; Shaheen; Thompson, E.; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Huberty; Hull; Klick; Walle.

STATEMENTS OF VOTE

When Record No. 1578 was taken, I was shown voting yes. I intended to vote no.

C. Bell

When Record No. 1578 was taken, I was shown voting no. I intended to vote yes.

Cain

When Record No. 1578 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1578 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1578 was taken, I was shown voting no. I intended to vote yes.

Vasut

When Record No. 1578 was taken, I was shown voting no. I intended to vote yes.

Wilson

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1802 by adding the following appropriately numbered section:
SECTION ____. The Agency is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement this Act using other appropriations available for the purpose.

HB 3261 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3261, A bill to be entitled An Act relating to the electronic administration of certain required assessment instruments, measures to support Internet connectivity for purposes of those assessment instruments, the adoption and administration of certain optional interim assessment instruments, and the review and use of the instructional materials and technology allotment.

Representative Huberty moved to concur in the senate amendments to HB 3261.

The motion to concur in the senate amendments to HB 3261 prevailed by (Record 1579): 143 Yeas, 2 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; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.

Nays — Hinojosa; Ramos.

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

Absent, Excused — Coleman.

Absent — Thompson, S.; Walle.

Senate Committee Substitute

CSHB 3261, A bill to be entitled An Act relating to the electronic administration of certain required assessment instruments, measures to support Internet connectivity for purposes of those assessment instruments, the adoption and administration of certain optional interim assessment instruments, the review and use of the instructional materials and technology allotment, and requests for production of instructional materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 31.0211, Education Code, is amended by amending Subsections (c) and (d) and adding Subsection (d-1) to read as follows:
(c)  Funds [Subject to Subsection (d), funds] allotted under this section may be used to:
(1)  purchase:
(A)  materials on the list adopted by the commissioner, as provided by Section 31.0231;
(B)  instructional materials, regardless of whether the instructional materials are on the list adopted under Section 31.024;
(C)  consumable instructional materials, including workbooks;
(D)  instructional materials for use in bilingual education classes, as provided by Section 31.029;
(E)  instructional materials for use in college preparatory courses under Section 28.014, as provided by Section 31.031;
(F)  supplemental instructional materials, as provided by Section 31.035;
(G)  state-developed open education resource instructional materials, as provided by Subchapter B-1;
(H)  instructional materials and technological equipment under any continuing contracts of the district in effect on September 1, 2011;
(I)  technological equipment necessary to support the use of materials included on the list adopted by the commissioner under Section 31.0231 or any instructional materials purchased with an allotment under this section; [and]
(J)  inventory software or systems for storing, managing, and accessing instructional materials and analyzing the usage and effectiveness of the instructional materials; and
(K)  services, equipment, and technology infrastructure necessary to ensure Internet connectivity and adequate bandwidth; and
(2)  pay:
(A)  for training educational personnel directly involved in student learning in the appropriate use of instructional materials and for providing for access to technological equipment for instructional use; [and]
(B)  for training personnel in the electronic administration of assessment instruments; and
(C)  the salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning.
(d)  Each biennium the commissioner shall assess the technology needs for all school districts and provide an estimate of the cost for these resources to the State Board of Education [a school district shall use the district's allotment under this section to purchase, in the following order:
[(1)     instructional materials necessary to permit the district to certify that the district has instructional materials that cover all elements of the essential knowledge and skills of the required curriculum, other than physical education, for each grade level as required by Section 28.002; and
[(2)     any other instructional materials or technological equipment as determined by the district].
(d-1)  In purchasing technological equipment, a school district shall:
(1)  secure technological solutions that meet the varying and unique needs of students and teachers in the district; and
(2)  consider:
(A)  the long-term cost of ownership; and
(B)  flexibility for innovation.
SECTION 2.  Section 31.022, Education Code, is amended by amending Subsection (g) and adding Subsection (i) to read as follows:
(g)  In determining the disbursement of money to the available school fund and the amount of that disbursement that will be used, in accordance with Section 43.001(d), to fund the instructional materials and technology allotment under Section 31.0211, the board must consider the cost of all district technology requirements, as estimated by the commissioner under Section 31.0211(d), and instructional materials for that state fiscal biennium. [In reviewing and adopting instructional materials, the board shall consider a school district's need for technology as well as instructional materials and in any biennium may limit the adoption of instructional materials to provide sufficient resources to purchase technology resources, including digital curriculum.]
(i)  For any state fiscal biennium, the total projected cost of instructional materials under requests for production issued by the board may not exceed 75 percent of the total amount used to fund the instructional materials and technology allotment under Section 31.0211 for that biennium.
SECTION 3.  Subchapter B, Chapter 32, Education Code, is amended by adding Section 32.037 to read as follows:
Sec. 32.037.  GRANT PROGRAM FOR TRANSITION TO ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner may establish a matching grant program to ensure that all school districts and open-enrollment charter schools have the necessary infrastructure to administer assessment instruments electronically in accordance with the transition plan developed under Section 39.02341.
(b)  In establishing the grant program, the commissioner may:
(1)  set eligibility criteria to receive a matching grant under the program; and
(2)  contract with developers of technology as necessary to ensure the most efficient and cost-effective implementation of Internet connectivity infrastructure for electronic administration of assessment instruments.
(c)  In awarding grants under the grant program, the commissioner:
(1)  shall prioritize applicants seeking funding for one-time investments in broadband network infrastructure; and
(2)  if funds are available after grants are awarded to each eligible applicant described by Subdivision (1), may award grants to applicants seeking funding for annual bandwidth and personnel costs associated with electronic administration of assessment instruments.
(d)  This section expires September 1, 2025.
SECTION 4.  Sections 39.023(c-3), (c-8), and (o), Education Code, are amended to read as follows:
(c-3)  Except as provided by Subsection (c-7) or as otherwise provided by this subsection, in adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall ensure that assessment instruments administered under Subsection (a) or (c) are not administered on the first instructional day of a week. On request by a school district or open-enrollment charter school, the commissioner may allow the district or school to administer an assessment instrument required under Subsection (a) or (c) on the first instructional day of a week if administering the assessment instrument on another instructional day would result in a significant administrative burden due to specific local conditions.
(c-8)  Beginning with the 2022-2023 school year, not more than 75 percent of the available points on an assessment instrument developed under Subsection (a) or (c) may be attributable to [not present more than 75 percent of the] questions presented in a multiple choice format.
(o)  The agency shall adopt or develop optional interim assessment instruments for each subject or course for each grade level subject to assessment under this section. A school district or open-enrollment charter school may not be required to administer interim assessment instruments adopted or developed under this subsection. An interim assessment instrument:
(1)  must be:
(A)  when possible, predictive of the assessment instrument for the applicable subject or course for that grade level required under this section; and
(B)  administered electronically; and
(2)  may not be used for accountability purposes.
SECTION 5.  Section 39.0234, Education Code, is amended to read as follows:
Sec. 39.0234.  ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) Each [The agency shall ensure that] assessment instrument [instruments] required under Section 39.023(a), (c), or (l) must be [39.023 are capable of being] administered electronically, unless otherwise provided by commissioner rule.
(b)  The agency may recommend, but may not require, that a school district make external keyboards available for student use with tablet devices for the electronic administration of an assessment instrument, including any portion of an assessment instrument that contains constructed response or essay items.
SECTION 6.  Sections 39.02341(a) and (b), Education Code, are amended to read as follows:
(a)  The agency, in consultation with the State Board of Education, shall develop a transition plan to administer all assessment instruments required under Sections 39.023(a), (c), and (l) [Section 39.023] electronically beginning not later than the 2022-2023 school year. The plan must:
(1)  evaluate the availability of Internet access for each school district in this state;
(2)  identify changes to state law or policy necessary to improve the availability of Internet access described by Subdivision (1);
(3)  evaluate the state's experience with administering online assessment instruments, including the occurrence or effects of power outages or other types of disruptions of Internet service, and actions taken by the state to mitigate the occurrence and effect of those disruptions; and
(4)  identify and evaluate actions taken by the state to improve the administration of online assessment instruments.
(b)  The agency shall implement the transition plan beginning on September 1, 2021. [In order to ensure legislative approval of the transition plan, this subsection expires August 31, 2021.]
SECTION 7.  (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2021-2022 school year.
(b)  Section 39.0234, Education Code, as amended by this Act, applies beginning with the 2023-2024 school year.
SECTION 8.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 3261 (senate committee printing) as follows:
(1)  In SECTION 2 of the bill, in added Section 31.022(i), Education Code (page 2, line 51), strike "For any state fiscal biennium" and substitute "During any state fiscal biennium beginning on or after September 1, 2023".
(2)  In SECTION 7(b) of the bill (page 4, line 14), strike "2023-2024" and substitute "2022-2023".

HB 692 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 692, A bill to be entitled An Act relating to retainage requirements for certain public works construction projects.

Representative Shine moved to concur in the senate amendments to HB 692.

The motion to concur in the senate amendments to HB 692 prevailed by (Record 1580): 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; 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.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman.

Absent — Pacheco; Walle.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 692 (senate committee printing) in SECTION 3 of the bill, in added Section 2252.032(i), Government Code (page 3, line 12), between "Board" and the underlined period, by inserting, "or to a governmental entity that is a wholesale water supplier that supplies water to customers in 10 or more counties and is governed by Chapter 49, Water Code".

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 692 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 2252.033, Government Code, is amended to read as follows:
Sec. 2252.033.  EXEMPTIONS. This subchapter does not apply to:
(1)  a public works contract executed before August 31, 1981;
(2)  a public works contract in which the total contract price estimate at the time of execution of the contract is less than $400,000; or
(3)  a public works contract made by the Texas Department of Transportation under [Subchapter A,] Chapter 223, Transportation Code.

HB 2924 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2924, A bill to be entitled An Act relating to certain grounds for the involuntary termination of the parent-child relationship.

Representative Dutton moved to concur in the senate amendments to HB 2924.

The motion to concur in the senate amendments to HB 2924 prevailed by (Record 1581): 126 Yeas, 19 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cortez; Craddick; Crockett; 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; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Wu; Zwiener.

Nays — Biedermann; Burrows; Cain; Cook; Cyrier; Hefner; King, P.; Krause; Metcalf; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Tinderholt; Vasut; White; Wilson.

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

Absent, Excused — Coleman.

Absent — Parker; Walle.

STATEMENT OF VOTE

When Record No. 1581 was taken, I was shown voting yes. I intended to vote no.

C. Bell

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2924 (senate committee printing) as follows:
(1)  Strike SECTION 1 of the bill (page 1, line 22, through page 3, line 51).
(2)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 161.001, Family Code, is amended by adding Subsection (d-1) to read as follows:
(d-1)  The court may not order termination under Subsection (b)(1)(M) unless the petition for the termination of the parent-child relationship is filed not later than the first anniversary of the date the department or an equivalent agency in another state was granted managing conservatorship of a child in the case that resulted in the termination of the parent-child relationship with respect to that child based on a finding that the parent's conduct violated Subsection (b)(1)(D) or (E) or substantially equivalent provisions of the law of another state.
SECTION ____.  Section 262.2015(b), Family Code, is amended to read as follows:
(b)  The court may find under Subsection (a) that a parent has subjected the child to aggravated circumstances if:
(1)  the parent abandoned the child without identification or a means for identifying the child;
(2)  the child or another child of the parent is a victim of serious bodily injury or sexual abuse inflicted by the parent or by another person with the parent's consent;
(3)  the parent has engaged in conduct against the child or another child of the parent that would constitute an offense under the following provisions of the Penal Code:
(A)  Section 19.02 (murder);
(B)  Section 19.03 (capital murder);
(C)  Section 19.04 (manslaughter);
(D)  Section 21.11 (indecency with a child);
(E)  Section 22.011 (sexual assault);
(F)  Section 22.02 (aggravated assault);
(G)  Section 22.021 (aggravated sexual assault);
(H)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(I)  Section 22.041 (abandoning or endangering child);
(J)  Section 25.02 (prohibited sexual conduct);
(K)  Section 43.25 (sexual performance by a child);
(L)  Section 43.26 (possession or promotion of child pornography);
(M)  Section 21.02 (continuous sexual abuse of young child or children);
(N)  Section 43.05(a)(2) (compelling prostitution); or
(O)  Section 20A.02(a)(7) or (8) (trafficking of persons);
(4)  the parent voluntarily left the child alone or in the possession of another person not the parent of the child for at least six months without expressing an intent to return and without providing adequate support for the child;
(5)  [the parent's parental rights with regard to another child have been involuntarily terminated based on a finding that the parent's conduct violated Section 161.001(b)(1)(D) or (E) or a substantially equivalent provision of another state's law;
[(6)]  the parent has been convicted for:
(A)  the murder of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1111(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;
(B)  the voluntary manslaughter of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1112(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;
(C)  aiding or abetting, attempting, conspiring, or soliciting an offense under Paragraph (A) or (B); or
(D)  the felony assault of the child or another child of the parent that resulted in serious bodily injury to the child or another child of the parent; or
(6) [(7)     the parent's parental rights with regard to another child of the parent have been involuntarily terminated; or
[(8)]  the parent is required under any state or federal law to register with a sex offender registry.

HB 2593 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

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

HB 2593, A bill to be entitled An Act relating to the criminal penalties for the possession of certain tetrahydrocannabinols under the Texas Controlled Substances Act.

Representative Moody moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2593.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2593: Moody, chair; Biedermann, Dutton, Krause, and Slaton.

HB 3379 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3379, A bill to be entitled An Act relating to the duty to report child abuse and neglect.

Representative Leman moved to concur in the senate amendments to HB 3379.

The motion to concur in the senate amendments to HB 3379 prevailed by (Record 1582): 134 Yeas, 9 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; 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.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; 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 — Anchia; Cole; Collier; Crockett; González, J.; González, M.; Morales Shaw; Schofield; Sherman.

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

Absent, Excused — Coleman.

Absent — Allen; Fierro; Johnson, A.; Walle.

STATEMENTS OF VOTE

When Record No. 1582 was taken, I was in the house but away from my desk. I would have voted no.

Allen

When Record No. 1582 was taken, I was shown voting no. I intended to vote yes.

Schofield

Senate Committee Substitute

CSHB 3379, A bill to be entitled An Act relating to the duty to report child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 261.101(a), (b), and (b-1), Family Code, are amended to read as follows:
(a)  A person having reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.
(b)  If a professional has reasonable cause to believe that a child has been abused or neglected or may be abused or neglected, or that a child is a victim of an offense under Section 21.11, Penal Code, and the professional has reasonable cause to believe that the child has been abused as defined by Section 261.001, the professional shall make a report not later than the 48th hour after the hour the professional first has reasonable cause to believe [suspects] that the child has been or may be abused or neglected or is a victim of an offense under Section 21.11, Penal Code. A professional may not delegate to or rely on another person to make the report. In this subsection, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.
(b-1)  In addition to the duty to make a report under Subsection (a) or (b), a person or professional shall make a report in the manner required by Subsection (a) or (b), as applicable, if the person or professional has reasonable cause to believe that an adult was a victim of abuse or neglect as a child and the person or professional determines in good faith that disclosure of the information is necessary to protect the health and safety of:
(1)  another child; or
(2)  an elderly person or person with a disability as defined by Section 48.002, Human Resources Code.
SECTION 2.  The changes in law made by this Act apply only to a report of suspected abuse or neglect of a child that is made on or after the effective date of this Act. A report of suspected abuse or neglect that is made before that date is governed by the law in effect on the date the report was made, and that law is continued in effect for that purpose.
SECTION 3.  This Act takes effect September 1, 2021.

HB 2896 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2896, A bill to be entitled An Act relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes.

Representative Bonnen moved to concur in the senate amendments to HB 2896.

The motion to concur in the senate amendments to HB 2896 prevailed by (Record 1583): 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; 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.; 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; 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; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman.

Absent — Middleton; Walle.

STATEMENT OF VOTE

When Record No. 1583 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

Senate Committee Substitute

CSHB 2896, A bill to be entitled An Act relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  DEFINITION. In any provision of this Act that does not amend current law, "state agency" means an office, institution, or other agency that is in the executive or judicial branch of state government, has authority that is not limited to a geographical portion of the state, and was created by the constitution or a statute of this state. The term does not include an institution of higher education as defined by Section 61.003, Education Code.
SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. Except as otherwise specifically provided by this Act, all funds and accounts created or re-created by an Act of the 87th Legislature, Regular Session, 2021, that becomes law and all dedications or rededications of revenue collected by a state agency for a particular purpose by an Act of the 87th Legislature, Regular Session, 2021, that becomes law are abolished on the later of August 31, 2021, or the date the Act creating or re-creating the fund or account or dedicating or rededicating revenue takes effect.
SECTION 3.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND ACCOUNTS. Section 2 of this Act does not apply to:
(1)  statutory dedications, funds, and accounts that were enacted before the 87th Legislature convened to comply with requirements of state constitutional or federal law;
(2)  dedications, funds, or accounts that remained exempt from former Section 403.094(h), Government Code, at the time dedications, accounts, and funds were abolished under that provision;
(3)  increases in fees or other revenue dedicated as described by this section; or
(4)  increases in fees or other revenue required to be deposited in a fund or account described by this section.
SECTION 4.  FEDERAL FUNDS. Section 2 of this Act does not apply to funds created under an Act of the 87th Legislature, Regular Session, 2021, for which separate accounting is required by federal law, except that the funds shall be deposited in accounts in the general revenue fund unless otherwise required by federal law.
SECTION 5.  TRUST FUNDS. Section 2 of this Act does not apply to trust funds or dedicated revenue deposited to trust funds created under an Act of the 87th Legislature, Regular Session, 2021, except that the trust funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval.
SECTION 6.  BOND FUNDS. Section 2 of this Act does not apply to bond funds and pledged funds created or affected by an Act of the 87th Legislature, Regular Session, 2021, except that the funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval.
SECTION 7.  CONSTITUTIONAL DEDICATIONS, FUNDS, AND ACCOUNTS. Section 2 of this Act does not apply to funds or accounts that would be created or re-created by the Texas Constitution or revenue that would be dedicated or rededicated by the Texas Constitution under a constitutional amendment proposed by the 87th Legislature, Regular Session, 2021, or to dedicated revenue deposited to funds or accounts that would be so created or re-created, if the constitutional amendment is approved by the voters.
SECTION 8.  ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS. Section 2 of this Act does not apply to a newly authorized use of money in a dedicated fund or dedicated account as provided by an Act of the 87th Legislature, Regular Session, 2021, to the extent:
(1)  the fund or account was exempted from abolition by an Act of the legislature that became law before January 1, 2021; and
(2)  the newly authorized use is within the scope of the original dedication of the fund or account.
SECTION 9.  ACCOUNTS IN GENERAL REVENUE FUND. Effective on the later of the effective date of the Act creating or re-creating the specified account or August 31, 2021, the following accounts, the revenue deposited to the credit of those accounts, and the revenue dedicated for deposit to the credit of those accounts, are exempt from Section 2 of this Act and the accounts are created or re-created in the general revenue fund, if created or re-created by an Act of the 87th Legislature, Regular Session, 2021, that becomes law:
(1)  the broadband development account created as an account in the general revenue fund by HB 5 or similar legislation;
(2)  the Brain Institute of Texas research fund created as an account in the general revenue fund by HB 15 or similar legislation;
(3)  an account created in the general revenue fund by HB 211 or similar legislation;
(4)  the rural veterinarian incentive program account created as an account in the general revenue fund by HB 1259 or similar legislation;
(5)  the barbering and cosmetology school tuition protection account created by HB 1560 or similar legislation;
(6)  the micro-business recovery fund created as an account in the general revenue fund by HB 3271 or similar legislation;
(7)  the consumable hemp products account created as an account in the general revenue fund by HB 3948 or similar legislation;
(8)  the Texas youth livestock show fund created as an account in the general revenue fund by HB 3959 or similar legislation;
(9)  the Texas music incubator account created as an account in the general revenue fund by SB 609 or similar legislation;
(10)  the Breeders' Cup Developmental Account created as an account in the general revenue fund by SB 704 or similar legislation;
(11)  the Bulk Storage Vessel Performance Standards Program Account created by SB 900 or similar legislation;
(12)  an account created in the general revenue fund by SB 1137 or similar legislation;
(13)  the micro-business disaster recovery fund created as an account in the general revenue fund by SB 1465 or similar legislation; and
(14)  the opioid abatement account created as an account in the general revenue fund by SB 1827 or similar legislation.
SECTION 10.  SEPARATE FUNDS. Effective on the later of the effective date of the Act creating or re-creating the specified fund or August 31, 2021, the following funds, if created or re-created by an Act of the 87th Legislature, Regular Session, 2021, the revenue deposited to the funds, and the revenue dedicated for deposit to the funds, are exempt from Section 2 of this Act, and the funds are created or re-created as separate funds inside or outside the state treasury, as specified by the Act creating or re-creating the fund:
(1)  the broadband pole replacement fund created as a fund in the state treasury by HB 1505 or similar legislation;
(2)  the state utilities reliability fund created as a special fund in the state treasury by HB 2000 or similar legislation;
(3)  the state utilities reliability revenue fund created as a special fund in the state treasury by HB 2000 or similar legislation;
(4)  the critical infrastructure resiliency fund created as a special fund in the state treasury by HB 2275 or similar legislation;
(5)  the disaster response loan fund created as a fund outside the state treasury by HB 2812 or similar legislation;
(6)  the open burn pit registry fund created as a special fund in the state treasury by HB 3953, HB 3957, or similar legislation;
(7)  the technology improvement and modernization fund created as a special fund in the state treasury by HB 4018 or similar legislation;
(8)  the broadband development fund created as a special fund in the state treasury by SB 5 or similar legislation;
(9)  the small business disaster recovery revolving fund created as a special fund outside the state treasury by SB 678 or similar legislation;
(10)  the horse industry escrow account created as a trust account outside the state treasury by SB 704 or similar legislation;
(11)  the Texas small and rural community success fund created as a trust fund outside the state treasury by SB 1465 or similar legislation; and
(12)  the opioid abatement trust fund created as a trust fund outside the state treasury by SB 1827 or similar legislation.
SECTION 11.  REVENUE DEDICATIONS. Effective on the later of the effective date of the Act dedicating or rededicating the specified revenue or August 31, 2021, the following dedications or rededications of revenue collected for a particular purpose are exempt from Section 2 of this Act, if dedicated or rededicated by an Act of the 87th Legislature, Regular Session, 2021:
(1)  the dedication of grants and donations to the state highway fund provided by HB 1075 or similar legislation;
(2)  the dedication of certain tax revenue to the specialty court account provided by HB 1256 or similar legislation;
(3)  the dedication of funds to the anthropogenic carbon dioxide storage trust fund provided by HB 1284 or similar legislation;
(4)  the dedication of revenue from the fee established by HB 1631 or similar legislation to the game, fish, and water safety account;
(5)  the dedication of municipal sales and use tax revenue provided by HB 1900 or similar legislation;
(6)  the dedication of revenue provided by HB 1904 or similar legislation;
(7)  the dedication of revenue to the state highway fund provided by HB 2577 or similar legislation;
(8)  the dedication of revenue to the designated trauma facility and emergency medical services account provided by HB 3514 or similar legislation;
(9)  the dedication of revenue to the Motor Vehicle Crime Prevention Authority provided by HB 3514 or similar legislation;
(10)  the dedication of revenue to the oil and gas regulation and cleanup fund provided by HB 3973 or similar legislation;
(11)  the dedication of revenue to the State Securities Board provided by HB 4131 or similar legislation;
(12)  the dedication of revenue provided by HB 4472 or similar legislation;
(13)  the dedication of revenue provided by SB 41 or similar legislation;
(14)  the dedication of revenue to the Texas mobility fund provided by SB 181 or similar legislation;
(15)  the dedication of grants and donations to the state highway fund provided by SB 633 or similar legislation;
(16)  the dedication of revenue provided by SB 1263 or similar legislation;
(17)  the dedication of revenue to the state highway fund provided by SB 1728 or similar legislation;
(18)  the dedication of revenue from penalties imposed under SB 2038 or similar legislation to the freestanding emergency medical care facility licensing fund; and
(19)  the dedication of tax revenue provided by SB 2089 or similar legislation.
SECTION 12.  REALLOCATION OF INTEREST ACCRUED ON CERTAIN DEDICATED REVENUE. (a) This section applies only to an account in the general revenue fund:
(1)  any part of which Section 403.095, Government Code, makes available for certification under Section 403.121, Government Code; and
(2)  that is created or re-created by an Act of the 87th Legislature, Regular Session, 2021.
(b)  Except as provided by this Act, all interest and other earnings that accrue on all revenue held in an account in the general revenue fund are available for any general governmental purpose.
(c)  Except as provided by this Act, the comptroller shall deposit all interest and other earnings that accrue on all revenue held in an account in the general revenue fund to the credit of the general revenue fund.
SECTION 13.  AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. Effective September 1, 2021, Sections 403.095(b), (d), and (f), Government Code, are amended to read as follows:
(b)  Notwithstanding any law dedicating or setting aside revenue for a particular purpose or entity, dedicated revenues that on August 31, 2023 [2021], are estimated to exceed the amount appropriated by the General Appropriations Act or other laws enacted by the 87th [86th] Legislature are available for general governmental purposes and are considered available for the purpose of certification under Section 403.121.
(d)  Following certification of the General Appropriations Act and other appropriations measures enacted by the 87th [86th] Legislature, the comptroller shall reduce each dedicated account as directed by the legislature by an amount that may not exceed the amount by which estimated revenues and unobligated balances exceed appropriations. The reductions may be made in the amounts and at the times necessary for cash flow considerations to allow all the dedicated accounts to maintain adequate cash balances to transact routine business. The legislature may authorize, in the General Appropriations Act, the temporary delay of the excess balance reduction required under this subsection. This subsection does not apply to revenues or balances in:
(1)  funds outside the treasury;
(2)  trust funds, which for purposes of this section include funds that may or are required to be used in whole or in part for the acquisition, development, construction, or maintenance of state and local government infrastructures, recreational facilities, or natural resource conservation facilities;
(3)  funds created by the constitution or a court; or
(4)  funds for which separate accounting is required by federal law.
(f)  This section expires September 1, 2023 [2021].
SECTION 14.  AMENDMENT OF SECTION 504.6012, TRANSPORTATION CODE. Effective September 1, 2021, Section 504.6012, Transportation Code, is amended to read as follows:
Sec. 504.6012.  ELIMINATION OF DEDICATED REVENUE ACCOUNTS; REVENUES IN TRUST. (a) Notwithstanding any other law, not later than September 30, 2021 [2019], the comptroller shall eliminate all dedicated accounts established for specialty license plates and shall set aside the balances of those dedicated accounts so that the balances may be appropriated only for the purposes intended as provided by the dedications.
(b)  On and after September 1, 2021 [2019], the portion of a fee payable that is designated for deposit to a dedicated account shall be paid instead to the credit of an account in a trust fund created by the comptroller outside the general revenue fund. The comptroller shall administer the trust fund and accounts and may allocate the corpus and earnings on each account only in accordance with the dedications of the revenue deposited to the trust fund accounts.
SECTION 15.  EFFECT OF ACT. (a)  This Act prevails over any other Act of the 87th Legislature, Regular Session, 2021, regardless of the relative dates of enactment, that purports to create or re-create a special fund or account or to dedicate or rededicate revenue to a particular purpose, including any fund, account, or revenue dedication abolished under former Section 403.094, Government Code.
(b)  An exemption from the application of Section 403.095, Government Code, contained in another Act of the 87th Legislature, Regular Session, 2021, that is exempted from the application of Section 2 of this Act has no effect.
(c)  Revenue that, under the terms of another Act of the 87th Legislature, Regular Session, 2021, would be deposited to the credit of a special account or fund shall be deposited to the credit of the undedicated portion of the general revenue fund unless the fund, account, or dedication is exempted under this Act.
(d)  This Act prevails over any other Act of the 87th Legislature, Regular Session, 2021, regardless of the relative dates of enactment, that purports to allocate interest or other earnings that accrue on revenue held in an account in the general revenue fund any part of which Section 403.095, Government Code, makes available for certification under Section 403.121, Government Code.
SECTION 16.  EFFECTIVE DATE. Except as otherwise provided by this Act:
(1)  this Act takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution; and
(2)  if this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.

HB 4667 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative E. Morales called up with senate amendments for consideration at this time,

HB 4667, A bill to be entitled An Act relating to the transfer of certain state property from the Department of Public Safety to the City of Eagle Pass.

Representative E. Morales moved to concur in the senate amendments to HB 4667.

The motion to concur in the senate amendments to HB 4667 prevailed by (Record 1584): 123 Yeas, 18 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; 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; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; 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; Sanford; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Bell, C.; Cain; Hefner; Holland; Krause; Middleton; Noble; Patterson; Schaefer; Schofield; Shaheen; Slaton; Slawson; Stucky; Swanson; Tinderholt; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Dean; Longoria; Rose; Rosenthal; Toth; Walle.

STATEMENTS OF VOTE

When Record No. 1584 was taken, I was in the house but away from my desk. I would have voted no.

Dean

When Record No. 1584 was taken, I was shown voting yes. I intended to vote no.

Hull

When Record No. 1584 was taken, I was in the house but away from my desk. I would have voted yes.

Rose

Senate Committee Substitute

CSHB 4667, A bill to be entitled An Act relating to the transfer of certain state property from the Department of Public Safety to the City of Eagle Pass.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  (a) As soon as practicable, the Public Safety Commission shall transfer to the City of Eagle Pass the real property interests of the State of Texas and the Department of Public Safety in the tract of land described by Subsection (f) of this section. The City of Eagle Pass shall enter into an interlocal agreement with Maverick County that grants the county non-exclusive, mutual use of that tract of land for a purpose that benefits the public interest of the state and for a term of not less than 25 years.
(b)  The City of Eagle Pass and Maverick County may use the property transferred under this Act only for a purpose that benefits the public interest of the state. If the City of Eagle Pass uses the property for any purpose other than a purpose described by this subsection, ownership of the property automatically reverts to the State of Texas. If Maverick County uses the property for any purpose other than a purpose described by this subsection, the interlocal agreement described by Subsection (a) of this section is void.
(c)  The Public Safety Commission shall transfer the property by an appropriate instrument of transfer. The instrument of transfer must:
(1)  provide that:
(A)  the City of Eagle Pass may use the property only for a purpose that benefits the public interest of the state; and
(B)  ownership of the property will automatically revert to the State of Texas if the City of Eagle Pass uses the property for any purpose other than a purpose described by Paragraph (A) of this subdivision; and
(2)  describe the property to be transferred by metes and bounds.
(d)  The Public Safety Commission shall retain custody of the instrument of transfer after the instrument of transfer is filed in the real property records of Maverick County.
(e)  Sections 31.158 and 31.159, Natural Resources Code, do not apply to the transfer of real property authorized by this Act.
(f)  The tract of land referred to in this section is described as follows:
A 5.0 acre tract of land out of F. & J. Byrne Survey No. 6, Abstract No. A1110 in Maverick County, Texas, and located at 32 Foster Maldonado Boulevard, Eagle Pass, Texas.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 4663 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 4663, A bill to be entitled An Act relating to the powers of the Hidalgo County Drainage District Number 1; authorizing the issuance of bonds.

Representative Martinez moved to concur in the senate amendments to HB 4663.

The motion to concur in the senate amendments to HB 4663 prevailed by (Record 1585): 98 Yeas, 44 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bernal; Bowers; Bucy; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Krause; Kuempel; Lambert; Larson; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sherman; Spiller; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

Nays — Ashby; Bell, C.; Bell, K.; Bonnen; Buckley; Burns; Burrows; Button; Cain; Cason; Cyrier; Darby; Dean; Ellzey; Gates; Goldman; Hefner; Holland; Hull; King, P.; Klick; Landgraf; Leach; Metcalf; Middleton; Murr; Noble; Patterson; Rogers; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Swanson; Tinderholt; VanDeaver; Vasut; White; Wilson.

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

Absent, Excused — Coleman.

Absent — Biedermann; Canales; Longoria; Parker; Walle.

STATEMENTS OF VOTE

When Record No. 1585 was taken, I was shown voting yes. I intended to vote no.

Anderson

When Record No. 1585 was taken, I was in the house but away from my desk. I would have voted no.

Biedermann

When Record No. 1585 was taken, I was in the house but away from my desk. I would have voted yes.

Canales

When Record No. 1585 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1585 was taken, my vote failed to register. I would have voted no.

Parker

Senate Committee Substitute

CSHB 4663, A bill to be entitled An Act relating to the powers of the Hidalgo County Drainage District Number 1; authorizing the issuance of bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  In this Act, "district" means the Hidalgo County Drainage District Number 1.
SECTION 2.  (a) District revenue bonds may be secured as described by a board resolution by a pledge of:
(1)  all or part of the district's gross revenue, other than taxation, minus the amount necessary to pay the cost of maintaining and operating the district and its property;
(2)  the net revenue of a contract made at any time; or
(3)  other revenue specified by board resolution.
(b)  The pledge may reserve the right to issue additional bonds on a parity with or subordinate to the bonds being issued, subject to conditions specified by the pledge.
(c)  District revenue bonds not payable wholly or partly from ad valorem taxes may be issued without an election.
SECTION 3.  (a) The district may sell reclaimed water at wholesale and sell reclaimed water on a retail basis to the extent that the sale does not conflict with a certificate of convenience and necessity.
(b)  The district may enter into public-private partnership agreements to fund infrastructure improvements needed to sell reclaimed water to consumers.
SECTION 4.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 5.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HR 1868 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1868, suspending the limitations on the conferees for HB 5.

HB 619 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative S. Thompson called up with senate amendments for consideration at this time,

HB 619, A bill to be entitled An Act relating to developing a strategic plan to support the child-care workforce.

Representative S. Thompson moved to concur in the senate amendments to HB 619.

The motion to concur in the senate amendments to HB 619 prevailed by (Record 1586): 95 Yeas, 47 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bernal; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Darby; 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.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; 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; Romero; Rose; Rosenthal; Sherman; Shine; Stucky; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Cain; Capriglione; Cason; Cyrier; Dean; Ellzey; Frank; Gates; Goldman; Hefner; Holland; Hull; Klick; Krause; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Patterson; Paul; Price; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Smith; Smithee; Spiller; Stephenson; Swanson; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Anchia; Slawson; Thierry; Walle; White.

STATEMENT OF VOTE

When Record No. 1586 was taken, my vote failed to register. I would have voted no.

White

Senate Committee Substitute

CSHB 619, A bill to be entitled An Act relating to developing a strategic plan to support the child-care workforce.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter A, Chapter 302, Labor Code, is amended by adding Section 302.0062 to read as follows:
Sec. 302.0062.  STRATEGIC PLAN TO SUPPORT CHILD-CARE WORKFORCE. (a) The commission shall prepare a strategic plan for improving the quality of the infant, toddler, preschool, and school-age child-care workforce in this state. The strategic plan must include:
(1)  recommendations for local workforce development boards to improve, sustain, and support the child-care workforce;
(2)  recommendations for increasing compensation for and reducing turnover of child-care workers;
(3)  recommendations for eliminating pay disparities in the child-care workforce;
(4)  recommendations for increasing paid opportunities for professional development and education for child-care workers, including apprenticeships;
(5)  best practices from local workforce development boards in this state and other programs designed to support child-care workers;
(6)  recommendations for increasing participation in the Texas Early Childhood Professional Development System;
(7)  recommendations for public and private institutions of higher education to:
(A)  increase the use of articulation agreements with school districts and open-enrollment charter schools; and
(B)  assist in the education and training of child-care workers;
(8)  specific recommendations for improving the infant and toddler child-care workforce; and
(9)  a timeline and benchmarks for the commission and local workforce development boards to implement recommendations from the strategic plan.
(b)  The commission shall convene a workgroup to assist the commission in developing the plan. The workgroup shall include:
(1)  child-care providers;
(2)  community stakeholders; and
(3)  child-care workers.
(c)  The commission shall use the following information in creating the plan:
(1)  demographic data of child-care workers in this state, including:
(A)  the race, ethnicity, gender, and educational attainment of child-care workers; and
(B)  the ages of the children the worker serves;
(2)  compensation data for child-care workers disaggregated by race, ethnicity, gender, and educational attainment;
(3)  the information described by Subdivisions (1) and (2) for a representative sample set of child-care facilities in the state; and
(4)  information provided by the workgroup established under Subsection (b).
(d)  The commission shall provide the strategic plan prepared under this section to the governor, the lieutenant governor, and the speaker of the house of representatives.
(e)  The commission shall update the strategic plan prepared under this section every three years.
SECTION 2.  Not later than December 31, 2022, the Texas Workforce Commission shall make the strategic plan required by Section 302.0062, Labor Code, as added by this Act, available to the governor, the lieutenant governor, and the speaker of the house of representatives.
SECTION 3.  This Act takes effect September 1, 2021.

HB 1698 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1698, A bill to be entitled An Act relating to an optional county fee on vehicle registration in certain counties to be used for transportation projects.

Representative Raney moved to concur in the senate amendments to HB 1698.

The motion to concur in the senate amendments to HB 1698 prevailed by (Record 1587): 95 Yeas, 48 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Bowers; Bucy; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Darby; 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.D.; Johnson, J.E.; Kacal; King, K.; King, P.; 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; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Cason; Cook; Cyrier; Dean; Ellzey; Frank; Gates; Goldman; Hefner; Holland; Hull; Klick; Krause; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

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

Absent, Excused — Coleman.

Absent — Morrison; Parker; Rogers; Walle.

STATEMENTS OF VOTE

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Frullo

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Herrero

When Record No. 1587 was taken, I was shown voting no. I intended to vote yes.

Leman

When Record No. 1587 was taken, my vote failed to register. I would have voted no.

Parker

When Record No. 1587 was taken, my vote failed to register. I would have voted yes.

Rogers

Senate Committee Substitute

CSHB 1698, A bill to be entitled An Act relating to authorizing an optional county fee on vehicle registration in certain counties to be used for transportation projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 502.402(a) and (b), Transportation Code, are amended to read as follows:
(a)  This section applies only to:
(1)  a county that:
(A)  borders the United Mexican States; and
(B)  has a population of more than 250,000; [and]
(2)  a county that has a population of more than 1.5 million that is coterminous with a regional mobility authority; and
(3)  a county that has a population of more than 190,000 and not more than 1.5 million that is coterminous with a regional mobility authority.
(b)  The commissioners court of a county by order may impose an additional fee for a vehicle registered in the county. Except as provided by Subsection (b-1), the fee may not exceed $10. In a county described by Subsection (a)(3), the fee must be approved by a majority of the qualified voters of the county voting on the issue at a referendum election, which the commissioners court may order and hold for that purpose.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

HB 2365 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2365, A bill to be entitled An Act relating to the participation and reimbursement of certain military medical treatment facilities and affiliated health care providers under Medicaid.

Representative Lopez moved to concur in the senate amendments to HB 2365.

The motion to concur in the senate amendments to HB 2365 prevailed by (Record 1588): 91 Yeas, 54 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bernal; Bowers; Bucy; Button; Campos; Canales; Cason; Clardy; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; 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, P.; King, T.; Larson; Leman; 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; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; White; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Cook; Craddick; Cyrier; Darby; Dean; Goldman; Harless; Hefner; Holland; Hull; King, K.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Metcalf; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Anderson; Walle.

STATEMENTS OF VOTE

When Record No. 1588 was taken, I was in the house but away from my desk. I would have voted no.

Anderson

When Record No. 1588 was taken, I was shown voting no. I intended to vote yes.

Hull

When Record No. 1588 was taken, I was shown voting yes. I intended to vote no.

Leman

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2365 (senate committee printing) in SECTION 1 of the bill by striking added Section 32.0275(d), Human Resources Code (page 1, lines 42 through 47).

HB 1423 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1423, A bill to be entitled An Act relating to the regulation and inspection procedures of certain long-term care facilities, including a survey of certain facilities' emergency power sources.

Representative Campos moved to concur in the senate amendments to HB 1423.

The motion to concur in the senate amendments to HB 1423 prevailed by (Record 1589): 84 Yeas, 57 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bernal; Bowers; Bucy; Button; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Howard; Hull; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, T.; Klick; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; White; Wu; Zwiener.

Nays — Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Gates; Goldman; Harless; Hefner; Holland; Jetton; King, K.; King, P.; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Paul; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Anderson; Clardy; Herrero; Huberty; Morales, C.; Walle.

STATEMENTS OF VOTE

When Record No. 1589 was taken, I was in the house but away from my desk. I would have voted no.

Anderson

When Record No. 1589 was taken, I was in the house but away from my desk. I would have voted yes.

C. Morales

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1423 (senate committee printing) in SECTION 4 of the bill, in the nonamendatory language, by striking added Subsection (b) (page 2, lines 25 through 28) and substituting the following:
(b)  The Health and Human Services Commission shall break down the results of the survey conducted under Subsection (a) based on:
(1)  the type of facility;
(2)  the size of the facility; and
(3)  the geographic location of the facility.
(c)  Not later than September 1, 2022, the Health and Human Services Commission shall submit the results of the survey conducted under Subsection (a) of this section to the members of the House Human Services Committee and the Senate Health and Human Services Committee, or the successor of those committees.

HB 3927 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3927, A bill to be entitled An Act relating to the issuance and use of certain temporary motor vehicle tags and the classification of temporary motor vehicle tags as governmental records for purposes of certain criminal offenses.

Representative Hefner moved to concur in the senate amendments to HB 3927.

The motion to concur in the senate amendments to HB 3927 prevailed by (Record 1590): 125 Yeas, 16 Nays, 4 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; 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.; 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; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Anchia; Biedermann; Cain; Cason; Cook; Cyrier; Guerra; Muñoz; Romero; Schaefer; Shaheen; Slaton; Tinderholt; Toth; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Johnson, J.D.; Meza; Talarico; Walle.

STATEMENTS OF VOTE

When Record No. 1590 was taken, I was shown voting present, not voting. I intended to vote yes.

Capriglione

When Record No. 1590 was taken, I was shown voting yes. I intended to vote no.

Frullo

When Record No. 1590 was taken, I was shown voting present, not voting. I intended to vote yes.

Ramos

Senate Committee Substitute

CSHB 3927, A bill to be entitled An Act relating to certain temporary motor vehicle tags.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 503.0626(a) and (c), Transportation Code, are amended to read as follows:
(a)  The department shall develop, manage, and maintain a secure, real-time database of information on vehicles to which dealers and converters have affixed temporary tags. [The database shall be managed by the vehicle titles and registration division of the department.]
(c)  Before a dealer's or converter's temporary tag may be displayed on a vehicle, the dealer or converter must enter into the database through the Internet information on the vehicle and information about the dealer or converter as prescribed by the department. Except as provided by Section 506.0632(g), the [The] department may not deny access to the database to any dealer who holds a general distinguishing number issued under this chapter or who is licensed under Chapter 2301, Occupations Code, or to any converter licensed under Chapter 2301, Occupations Code.
SECTION 2.  Section 503.063, Transportation Code, is amended by adding Subsection (i) to read as follows:
(i)  A vehicle may be issued and display a buyer's tag without satisfying the inspection requirements of Chapter 548 if:
(1)  the buyer of the vehicle is not a resident of this state; and
(2)  the vehicle:
(A)  at the time of purchase, is not located or required to be titled or registered in this state;
(B)  will be titled and registered in accordance with the laws of the buyer's state of residence; and
(C)  will be inspected in accordance with the laws of the buyer's state of residence, if the laws of that state require inspection.
SECTION 3.  Sections 503.0631(a) and (c), Transportation Code, are amended to read as follows:
(a)  The department shall develop, manage, and maintain a secure, real-time database of information on persons to whom temporary buyer's tags are issued that may be used by a law enforcement agency in the same manner that the agency uses vehicle registration information. [The database shall be managed by the vehicle titles and registration division of the department.]
(c)  Except as provided by Subsection (d), before a buyer's temporary tag may be displayed on a vehicle, a dealer must enter into the database through the Internet information about the buyer of the vehicle for which the tag was issued as prescribed by the department and generate a vehicle-specific number for the tag as required by Section 503.063(e). Except as provided by Section 506.0632(g), the [The] department may not deny access to the database to any dealer who holds a general distinguishing number issued under this chapter or who is licensed under Chapter 2301, Occupations Code.
SECTION 4.  Subchapter C, Chapter 503, Transportation Code, is amended by adding Section 503.0632 to read as follows:
Sec. 503.0632.  DEPARTMENT REGULATION OF TEMPORARY TAGS AND ACCESS TO TEMPORARY TAG DATABASES. (a) The department by rule may establish the maximum number of temporary tags that a dealer or converter may obtain in a calendar year under Section 503.062, 503.0625, or 503.063.
(b)  The maximum number of temporary tags that the department determines a dealer or converter may obtain under this section must be based on the dealer's or converter's anticipated need for temporary tags, taking into consideration:
(1)  the dealer's or converter's:
(A)  time in operation;
(B)  sales data; and
(C)  expected growth;
(2)  expected changes in the dealer's or converter's market;
(3)  temporary conditions that may affect sales by the dealer or converter; and
(4)  any other information the department considers relevant.
(c)  At the request of a dealer or converter, the department may authorize additional temporary tags of any type for the dealer or converter if the dealer or converter demonstrates a need for additional temporary tags resulting from business operations, including anticipated need.
(d)  The department's denial of a request under Subsection (c) may be overturned if a dealer or converter shows by a preponderance of the evidence the need for additional temporary tags.
(e)  The department:
(1)  shall monitor in real time the number of temporary tags obtained by a dealer or converter; and
(2)  if a dealer or converter obtains temporary tags in excess of the number established by the department under Subsection (a), shall immediately:
(A)  review the dealer's or converter's records; and
(B)  investigate to determine the reason for the excess number of temporary tags obtained, including by consulting with the dealer or converter.
(f)  If after the review and investigation under Subsection (e)(2) the department determines that a dealer or converter is not compliant with Section 503.038(a)(12), the department shall issue a cease and desist order as provided by Section 2301.802, Occupations Code.
(g)  If after the review and investigation under Subsection (e)(2) the department determines by clear and convincing evidence that irreparable harm is occurring to the public and to other dealers or converters because a dealer or converter is fraudulently obtaining temporary tags from the temporary tag database, the department may, after giving notice electronically and by certified mail to the dealer or converter, deny access to a temporary tag database to the dealer or converter. A dealer or converter denied access to a temporary tag database under this subsection may request a hearing on the denial as provided by Subchapter O, Chapter 2301, Occupations Code.
SECTION 5.  Sections 503.067(b) and (d), Transportation Code, are amended to read as follows:
(b)  A person may not operate a vehicle that displays:
(1)  a temporary tag in violation of this chapter or Chapter 502; or
(2)  any other [an] unauthorized temporary tag.
(d)  A person may not sell or distribute a temporary tag or an item represented to be a temporary tag unless the person is[:
[(1)]  a dealer issuing the tag in connection with the sale of a vehicle[; or
[(2)     a printer or distributor engaged in the business of selling temporary tags solely for uses authorized under this chapter].
SECTION 6.  The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 7.  This Act takes effect September 1, 2021.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 3927 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in amended Section 503.0626(c), Transportation Code (page 1, line 34), strike "506.0632(g)" and substitute "503.0632(f)".
(2)  In the recital to SECTION 2 of the bill (page 1, line 40), strike "Subsection (i)" and substitute "Subsections (i) and (j)".
(3)  In SECTION 2 of the bill, immediately following added Section 503.063(i), Transportation Code (page 1, between lines 52 and 53), insert the following:
(j)  A vehicle may be issued and display a buyer's tag without satisfying the inspection requirements of Chapter 548 if the vehicle is purchased at public auction in this state and is:
(1)  an antique vehicle as defined by Section 683.077(b); or
(2)  a special interest vehicle as defined by Section 683.077(b) that:
(A)  is at least 12 years of age; and
(B)  has been the subject of a retail sale.
(4)  In SECTION 3 of the bill, in amended Section 503.0631(c), Transportation Code (page 2, line 7), strike "506.0632(g)" and substitute "503.0632(f)".
(5)  In SECTION 4 of the bill, strike added Sections 503.0632(e), (f), and (g), Transportation Code (page 2, lines 41-67), and substitute the following:
(e)  The department shall monitor the number of temporary tags obtained by a dealer or converter.
(f)  If the department determines that a dealer or converter is fraudulently obtaining temporary tags from the temporary tag database, the department may, after giving notice electronically and by certified mail to the dealer or converter, deny access to a temporary tag database to the dealer or converter. A dealer or converter denied access to a temporary tag database under this subsection may request a hearing on the denial as provided by Subchapter O, Chapter 2301, Occupations Code.

HB 2116 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 2116, A bill to be entitled An Act relating to certain agreements by architects and engineers in or in connection with certain construction contracts.

Representative Krause moved to concur in the senate amendments to HB 2116.

The motion to concur in the senate amendments to HB 2116 prevailed by (Record 1591): 136 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; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; 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; 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; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wu; Zwiener.

Nays — Hefner; Schaefer; Slaton; Toth; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Burns; Cain; Huberty; Murr; Walle.

STATEMENTS OF VOTE

When Record No. 1591 was taken, I was in the house but away from my desk. I would have voted no.

Cain

When Record No. 1591 was taken, I was shown voting yes. I intended to vote no.

Morales Shaw

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2116 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1.  The heading to Chapter 130, Civil Practice and Remedies Code, is amended to read as follows:
CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN CONSTRUCTION CONTRACTS
SECTION 2.  Section 130.002, Civil Practice and Remedies Code, is amended by adding Subsections (c), (d), (e), and (f) to read as follows:
(c)  Except as provided by Subsection (d), (e), or (f), a covenant or promise in, in connection with, or collateral to a construction contract for engineering or architectural services related to an improvement to real property is void and unenforceable to the extent the covenant or promise provides that a licensed engineer or registered architect must defend a party, including a third party, against a claim based wholly or partly on the negligence of, fault of, or breach of contract by the owner, the owner's agent, the owner's employee, or another entity over which the owner exercises control. A covenant or promise in, in connection with, or collateral to a contract for engineering or architectural services related to an improvement to real property may provide for the reimbursement of an owner's reasonable attorney's fees in proportion to the engineer's or architect's liability.
(d)  Notwithstanding Subsection (c), an owner that is a party to a contract for engineering or architectural services related to an improvement to real property may require in the contract that the engineer or architect name the owner as an additional insured under any of the engineer's or architect's insurance coverage to the extent additional insureds are allowed under the policy and provide any defense to the owner provided by the policy to a named insured.
(e)  Subsection (c) does not apply to a contract for services in which an owner contracts with an entity to provide both design and construction services.
(f)  Subsection (c) does not apply to a covenant to defend a party, including a third party, for a claim of negligent hiring of the architect or engineer.
SECTION 3.  Chapter 130, Civil Practice and Remedies Code, is amended by adding Section 130.0021 to read as follows:
Sec. 130.0021.  ARCHITECT'S OR ENGINEER'S STANDARD OF CARE. (a) A construction contract for architectural or engineering services or a contract related to the construction or repair of an improvement to real property that contains architectural or engineering services as a component part must require that the architectural or engineering services be performed with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license.
(b)  If a contract described by Subsection (a) contains a provision establishing a different standard of care than the standard described by Subsection (a):
(1)  the provision is void and unenforceable; and
(2)  the standard of care described by Subsection (a) applies to the performance of the architectural or engineering services.
(c)  Section 130.004 does not limit the applicability of this section.
SECTION 4.  Section 130.004, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 130.004.  OWNER OF INTEREST IN REAL PROPERTY. (a) Except as provided by Section 130.002(b) or (c) or Section 130.0021, this chapter does not apply to an owner of an interest in real property or persons employed solely by that owner.
(b)  Except as provided by Section 130.002(b) or (c) or Section 130.0021, this chapter does not prohibit or make void or unenforceable a covenant or promise to:
(1)  indemnify or hold harmless an owner of an interest in real property and persons employed solely by that owner; or
(2)  allocate, release, liquidate, limit, or exclude liability in connection with a construction contract between an owner or other person for whom a construction contract is being performed and a registered architect or licensed engineer.
SECTION 5.  (a) Section 130.002(c), Civil Practice and Remedies Code, as added by this Act, applies only to a covenant or promise in, in connection with, or collateral to a contract entered into on or after the effective date of this Act.
(b)  Sections 130.002(d) and 130.0021, Civil Practice and Remedies Code, as added by this Act, apply only to a contract entered into on or after the effective date of this Act.
SECTION 6.  This Act takes effect September 1, 2021.

HB 4544 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 4544, A bill to be entitled An Act relating to providing children committed to the Texas Juvenile Justice Department with state-issued identification on discharge or release.

Representative Swanson moved to concur in the senate amendments to HB 4544.

The motion to concur in the senate amendments to HB 4544 prevailed by (Record 1592): 144 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; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; 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; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman.

Absent — Martinez Fischer; Rodriguez; Walle.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4544 (senate committee printing) as follows:
(1)  In the recital to SECTION 2 of the bill, adding Section 245.0536, Human Resources Code (page 1, line 43), strike "Section 245.0536" and substitute "Sections 245.0536 and 245.0537".
(2)  In SECTION 2 of the bill, immediately after added Section 245.0536, Human Resources Code (page 2, between lines 24 and 25), insert the following:
Sec. 245.0537.  PROVIDING RELEASED OR DISCHARGED CHILD WITH BIRTH CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying with the requirements of Section 245.0536, before releasing a child under supervision or finally discharging a child, the department must:
(1)  determine whether the child has a:
(A)  certified copy of the child's birth certificate; and
(B)  copy of the child's social security card; and
(2)  if the child does not have a document described by Subdivision (1), submit to the appropriate entity on behalf of the child a request for the issuance of the applicable document.
(b)  The department shall submit a request under Subsection (a)(2) as soon as is practicable to enable the department to receive the applicable document before the department releases or discharges the child and to provide the child with the applicable document when the department releases or discharges the child.
(c)  This section does not apply to a child who:
(1)  is not legally present in the United States; or
(2)  was not a resident of this state before the child was placed in the custody of the department.
(3)  In SECTION 4 of the bill, adding transition language (page 2, lines 31 and 32), strike "Section 245.0536, Human Resources Code, as added by this Act, applies" and substitute "Sections 245.0536 and 245.0537, Human Resources Code, as added by this Act, apply".

HB 1935 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1935, A bill to be entitled An Act relating to emergency refills of insulin and insulin-related equipment or supplies.

Representative Bucy moved to concur in the senate amendments to HB 1935.

The motion to concur in the senate amendments to HB 1935 prevailed by (Record 1593): 143 Yeas, 1 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; 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.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.

Nays — Slaton.

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

Absent, Excused — Coleman.

Absent — Bernal; Cain; Walle.

STATEMENTS OF VOTE

When Record No. 1593 was taken, I was in the house but away from my desk. I would have voted yes.

Bernal

When Record No. 1593 was taken, I was in the house but away from my desk. I would have voted yes.

Cain

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1935 (senate committee report) in SECTION 1 of the bill, in added Section 562.0541(a)(2), Occupations Code (page 1, line 31), between "meters," and "and", by inserting "continuous glucose monitor supplies".

HB 4293 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 4293, A bill to be entitled An Act relating to the creation of a court reminder program for criminal defendants.

Representative Hinojosa moved to concur in the senate amendments to HB 4293.

The motion to concur in the senate amendments to HB 4293 prevailed by (Record 1594): 118 Yeas, 25 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bowers; Bucy; Burns; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; 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; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Bonnen; Buckley; Burrows; Cain; Cook; Goldman; Harless; Hefner; Krause; Metcalf; Noble; Patterson; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Middleton; Rogers; Walle; White.

STATEMENTS OF VOTE

When Record No. 1594 was taken, I was shown voting yes. I intended to vote no.

Cyrier

When Record No. 1594 was taken, I was shown voting yes. I intended to vote no.

Ellzey

When Record No. 1594 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1594 was taken, my vote failed to register. I would have voted yes.

Rogers

When Record No. 1594 was taken, my vote failed to register. I would have voted yes.

White

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 4293 (senate committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Section 75.602(a), Government Code (page 2, line 7), strike "judges" and substitute "justices of the justice courts and judges".
(2)  In SECTION 1 of the bill, in added Section 75.602(a), Government Code (page 2, line 8), strike "shall" and substitute "may".
(3)  In SECTION 1 of the bill, in added Section 75.602(b), Government Code (page 2, line 12), between "the" and "judges", insert "justices and".
(4)  In SECTION 1 of the bill, in added Section 75.603(a), Government Code (page 2, line 18), between "the" and "judges", insert "justices of the justice courts and".
(5)  Strike SECTION 2 of the bill (page 2, lines 32 through 37), substitute the following appropriately numbered SECTION, and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a) Not later than September 1, 2022, the Office of Court Administration of the Texas Judicial System shall develop and make available the court reminder program as required by Section 75.601, Government Code, as added by this Act.
(b)  The Office of Court Administration of the Texas Judicial System is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the office may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

HB 3459 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3459, A bill to be entitled An Act relating to preauthorization requirements for certain medical and health care services and utilization review for certain health benefit plans.

HB 3459 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE SPILLER: Chairman Bonnen, when a preauthorization exemption is rescinded in this bill, does that impact services that were provided before the rescission was finalized?

REPRESENTATIVE BONNEN: No, it does not. The rescission, even after being finalized, does not have a retroactive effect, and it doesn't undo an exemptions application to past services. As it is expressly stated in the bill, a health care service cannot be retroactively denied on the basis of a rescission of an exemption. A rescission of an exemption under this bill only affects health care services to be provided in the future after the rescission is finalized. After a finalized rescission of an exemption, future services would be subject to the prior authorization requirements, if any, for the particular health care service until a new exemption is granted.

SPILLER: Okay. So a rescission of an exemption does not affect the services that were already provided or the exemption related payment protections under the bill that were in place when the services were provided?

BONNEN: That is correct. It does not affect past services or exemption payment protections that were in place for those services.

Representative Bonnen moved to concur in the senate amendments to HB 3459.

The motion to concur in the senate amendments to HB 3459 prevailed by (Record 1595): 140 Yeas, 4 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; 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; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wu; Zwiener.

Nays — Biedermann; Cain; Slaton; Vasut.

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

Absent, Excused — Coleman.

Absent — Fierro; Schofield; Walle.

STATEMENTS OF VOTE

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Cason

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Hull

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3459 (senate committee report) as follows:
(1)  Strike SECTIONS 1 and 2 of the bill (page 1, line 30, through page 2, line 53).
(2)  In SECTION 4 of the bill (page 3, lines 3 and 4) strike "The changes in law made by this Act to Chapters 843 and 1301, Insurance Code, apply" and substitute "Subchapter N, Chapter 4201, Insurance Code, as added by this Act, applies".
(3)  In SECTION 4 of the bill (page 3, line 5 and lines 6 and 7) strike "medical care or" each time it appears.
(4)  Add the following appropriately numbered SECTION to the bill and renumber SECTIONS of the bill accordingly:
SECTION ____.  Chapter 4201, Insurance Code, is amended by adding Subchapter N to read as follows:
SUBCHAPTER N. EXEMPTION FROM PREAUTHORIZATION REQUIREMENTS FOR PHYSICIANS AND PROVIDERS PROVIDING CERTAIN HEALTH CARE SERVICES
Sec. 4201.651.  DEFINITIONS. (a) In this subchapter, "preauthorization" means a determination by a health maintenance organization, insurer, or person contracting with a health maintenance organization or insurer that health care services proposed to be provided to a patient are medically necessary and appropriate.
(b)  In this subchapter, terms defined by Section 843.002, including "health care services," "physician," and "provider," have the meanings assigned by that section.
Sec. 4201.652.  APPLICABILITY OF SUBCHAPTER. This subchapter applies only to:
(1)  a health benefit plan offered by a health maintenance organization operating under Chapter 843, except that this subchapter does not apply to:
(A)  the child health plan program under Chapter 62, Health and Safety Code, or the health benefits plan for children under Chapter 63, Health and Safety Code; or
(B)  the state Medicaid program, including the Medicaid managed care program operated under Chapter 533, Government Code;
(2)  a preferred provider benefit plan or exclusive provider benefit plan offered by an insurer under Chapter 1301; and
(3)  a person who contracts with a health maintenance organization or insurer to issue preauthorization determinations or perform the functions described in this subchapter for a health benefit plan to which this subchapter applies.
Sec. 4201.653.  EXEMPTION FROM PREAUTHORIZATION REQUIREMENTS FOR PHYSICIANS AND PROVIDERS PROVIDING CERTAIN HEALTH CARE SERVICES. (a) A health maintenance organization or an insurer that uses a preauthorization process for health care services may not require a physician or provider to obtain preauthorization for a particular health care service if, in the most recent six-month evaluation period, as described by Subsection (b), the health maintenance organization or insurer has approved or would have approved not less than 90 percent of the preauthorization requests submitted by the physician or provider for the particular health care service.
(b)  Except as provided by Subsection (c), a health maintenance organization or insurer shall evaluate whether a physician or provider qualifies for an exemption from preauthorization requirements under Subsection (a) once every six months.
(c)  A health maintenance organization or insurer may continue an exemption under Subsection (a) without evaluating whether the physician or provider qualifies for the exemption under Subsection (a) for a particular evaluation period.
(d)  A physician or provider is not required to request an exemption under Subsection (a) to qualify for the exemption.
Sec. 4201.654.  DURATION OF PREAUTHORIZATION EXEMPTION. (a) A physician's or provider's exemption from preauthorization requirements under Section 4201.653 remains in effect until:
(1)  the 30th day after the date the health maintenance organization or insurer notifies the physician or provider of the health maintenance organization's or insurer's determination to rescind the exemption under Section 4201.655, if the physician or provider does not appeal the health maintenance organization's or insurer's determination; or
(2)  if the physician or provider appeals the determination, the fifth day after the date the independent review organization affirms the health maintenance organization's or insurer's determination to rescind the exemption.
(b)  If a health maintenance organization or insurer does not finalize a rescission determination as specified in Subsection (a), then the physician or provider is considered to have met the criteria under Section 4201.653 to continue to qualify for the exemption.
Sec. 4201.655.  DENIAL OR RESCISSION OF PREAUTHORIZATION EXEMPTION. (a) A health maintenance organization or insurer may rescind an exemption from preauthorization requirements under Section 4201.653 only:
(1)  during January or June of each year;
(2)  if the health maintenance organization or insurer makes a determination, on the basis of a retrospective review of a random sample of not fewer than five and no more than 20 claims submitted by the physician or provider during the most recent evaluation period described by Section 4201.653(b), that less than 90 percent of the claims for the particular health care service met the medical necessity criteria that would have been used by the health maintenance organization or insurer when conducting preauthorization review for the particular health care service during the relevant evaluation period; and
(3)  if the health maintenance organization or insurer complies with other applicable requirements specified in this section, including:
(A)  notifying the physician or provider not less than 25 days before the proposed rescission is to take effect; and
(B)  providing with the notice under Paragraph (A):
(i)  the sample information used to make the determination under Subdivision (2); and
(ii)  a plain language explanation of how the physician or provider may appeal and seek an independent review of the determination.
(b)  A determination made under Subsection (a)(2) must be made by an individual licensed to practice medicine in this state. For a determination made under Subsection (a)(2) with respect to a physician, the determination must be made by an individual licensed to practice medicine in this state who has the same or similar specialty as that physician.
(c)  A health maintenance organization or insurer may deny an exemption from preauthorization requirements under Section 4201.653 only if:
(1)  the physician or provider does not have the exemption at the time of the relevant evaluation period; and
(2)  the health maintenance organization or insurer provides the physician or provider with actual statistics and data for the relevant preauthorization request evaluation period and detailed information sufficient to demonstrate that the physician or provider does not meet the criteria for an exemption from preauthorization requirements for the particular health care service under Section 4201.653.
Sec. 4201.656.  INDEPENDENT REVIEW OF EXEMPTION DETERMINATION. (a) A physician or provider has a right to a review of an adverse determination regarding a preauthorization exemption be conducted by an independent review organization. A health maintenance organization or insurer may not require a physician or provider to engage in an internal appeal process before requesting a review by an independent review organization under this section.
(b)  A health maintenance organization or insurer shall pay:
(1)  for any appeal or independent review of an adverse determination regarding a preauthorization exemption requested under this section; and
(2)  a reasonable fee determined by the Texas Medical Board for any copies of medical records or other documents requested from a physician or provider during an exemption rescission review requested under this section.
(c)  An independent review organization must complete an expedited review of an adverse determination regarding a preauthorization exemption not later than the 30th day after the date a physician or provider files the request for a review under this section.
(d)  A physician or provider may request that the independent review organization consider another random sample of not less than five and no more than 20 claims submitted to the health maintenance organization or insurer by the physician or provider during the relevant evaluation period for the relevant health care service as part of its review. If the physician or provider makes a request under this subsection, the independent review organization shall base its determination on the medical necessity of claims reviewed by the health maintenance organization or insurer under Section 4201.655 and reviewed under this subsection.
Sec. 4201.657.  EFFECT OF APPEAL OR INDEPENDENT REVIEW DETERMINATION. (a) A health maintenance organization or insurer is bound by an appeal or independent review determination that does not affirm the determination made by the health maintenance organization or insurer to rescind a preauthorization exemption.
(b)  A health maintenance organization or insurer may not retroactively deny a health care service on the basis of a rescission of an exemption, even if the health maintenance organization's or insurer's determination to rescind the preauthorization exemption is affirmed by an independent review organization.
(c)  If a determination of a preauthorization exemption made by the health maintenance organization or insurer is overturned on review by an independent review organization, the health maintenance organization or insurer:
(1)  may not attempt to rescind the exemption before the end of the next evaluation period that occurs; and
(2)  may only rescind the exemption after if the health maintenance organization or insurer complies with Sections 4201.655 and 4201.656.
Sec. 4201.658.  ELIGIBILITY FOR PREAUTHORIZATION EXEMPTION FOLLOWING FINALIZED EXEMPTION RESCISSION OR DENIAL. After a final determination or review affirming the rescission or denial of an exemption for a specific health care service under Section 4201.653, a physician or provider is eligible for consideration of an exemption for the same health care service after the six-month evaluation period that follows the evaluation period which formed the basis of the rescission or denial of an exemption.
Sec. 4201.659.  EFFECT OF PREAUTHORIZATION EXEMPTION. (a) A health maintenance organization or insurer may not deny or reduce payment to a physician or provider for a health care service for which the physician or provider has qualified for an exemption from preauthorization requirements under Section 4201.653 based on medical necessity or appropriateness of care unless the physician or provider:
(1)  knowingly and materially misrepresented the health care service in a request for payment submitted to the health maintenance organization or insurer with the specific intent to deceive and obtain an unlawful payment from the health maintenance organization or insurer; or
(2)  failed to substantially perform the health care service.
(b)  A health maintenance organization or an insurer may not conduct a retrospective review of a health care service subject to an exemption except:
(1)  to determine if the physician or provider still qualifies for an exemption under this subchapter; or
(2)  if the health maintenance organization or insurer has a reasonable cause to suspect a basis for denial exists under Subsection (a).
(c)  For a retrospective review described by Subsection (b)(2), nothing in this subchapter may be construed to modify or otherwise affect:
(1)  the requirements under or application of Section 4201.305, including any timeframes specified by that section; or
(2)  any other applicable law, except to prescribe the only circumstances under which:
(A)  a retrospective utilization review may occur as specified by Subsection (b)(2); or
(B)  payment may be denied or reduced as specified by Subsection (a).
(d)  Not later than five days after qualifying for an exemption from preauthorization requirements under Section 4201.653, a health maintenance organization or insurer must provide to a physician or provider a notice that includes:
(1)  a statement that the physician or provider qualifies for an exemption from preauthorization requirements under Section 4201.653;
(2)  a list of the health care services and health benefit plans to which the exemption applies; and
(3)  a statement of the duration of the exemption.
(e)  If a physician or provider submits a preauthorization request for a health care service for which the physician or provider qualifies for an exemption from preauthorization requirements under Section 4201.653, the health maintenance organization or insurer must promptly provide a notice to the physician or provider that includes:
(1)  the information described by Subsection (d); and
(2)  a notification of the health maintenance organization's or insurer's payment requirements.
(f)  Nothing in this subchapter may be construed to:
(1)  authorize a physician or provider to provide a health care service outside the scope of the provider's applicable license issued under Title 3, Occupations Code; or
(2)  require a health maintenance organization or insurer to pay for a health care service described by Subdivision (1) that is performed in violation of the laws of this state.

Senate Amendment No. 2 (Senate Floor Amendment No. 2)

Amend HB 3459 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering SECTIONS of the bill appropriately:
SECTION ____.  Subchapter E, Chapter 1551, Insurance Code, is amended by adding Section 1551.2181 to read as follows:
Sec. 1551.2181.  EXEMPTION FROM PREAUTHORIZATION REQUIREMENTS FOR PHYSICIANS AND HEALTH CARE PROVIDERS PROVIDING CERTAIN HEALTH CARE SERVICES. A preauthorization process used by a health benefit plan provided under this chapter is subject to the same limitations and requirements provided by Section 1301.1354 for a preauthorization process used by an insurer.
SECTION ____.  Subchapter D, Chapter 1575, Insurance Code, is amended by adding Section 1575.1701 to read as follows:
Sec. 1575.1701.  EXEMPTION FROM PREAUTHORIZATION REQUIREMENTS FOR PHYSICIANS AND HEALTH CARE PROVIDERS PROVIDING CERTAIN HEALTH CARE SERVICES. A preauthorization process used by a health benefit plan provided under this chapter is subject to the same limitations and requirements provided by Section 1301.1354 for a preauthorization process used by an insurer.
SECTION ____.  Subchapter C, Chapter 1579, Insurance Code, is amended by adding Section 1579.1061 to read as follows:
Sec. 1579.1061.  EXEMPTION FROM PREAUTHORIZATION REQUIREMENTS FOR PHYSICIANS AND HEALTH CARE PROVIDERS PROVIDING CERTAIN HEALTH CARE SERVICES. A preauthorization process used by a health coverage plan provided under this chapter is subject to the same limitations and requirements provided by Section 1301.1354 for a preauthorization process used by an insurer.

REMARKS ORDERED PRINTED

Representative Spiller moved to print remarks between Representative Bonnen and Representative Spiller on HB 3459.

The motion prevailed.

(Speaker in the chair)

HB 1501 - WITH SENATE AMENDMENTS

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

HB 1501, A bill to be entitled An Act relating to certain regulations adopted by a governmental entity restricting the use of a natural gas or propane appliance or other system or component.

HB 1501 - POINT OF ORDER

Representative Zwiener raised a point of order against further consideration of the senate amendments to HB 1501 under Rule 11, Section 2, of the House Rules on the grounds that amendments are not germane. The point of order was sustained and the speaker submitted the following ruling:

RULING BY THE SPEAKER
on House Bill 1501 (Senate Amendments)

Announced in the House on May 28, 2021

Representative Zweiner raises a point of order against further consideration of the Senate amendments to HB 1501 under Rule 11, Section 2, of the House Rules on the grounds that amendments are not germane.
The House engrossed bill would enact a prohibition on governmental entities from taking actions that effectively prohibit the use of appliances or energy systems fueled by natural gas or propane in residential and commercial buildings. Among other things, the Senate amendments would prohibit governmental entities from imposing "pricing differences" in connection with permit applications. This term would include financial incentives as part of an entity's voluntary encouragement for the use of other energy sources. The Senate amendments are not germane. 87 H. Jour. 788 (2021).
Accordingly, the point of order is well-taken and sustained. The Chair directs the Chief Clerk to return the bill to the Senate for further action.

HB 1501 was returned to the senate for further action.

(Walle now present)

HB 1301 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1301, A bill to be entitled An Act relating to the services provided by a colonia self-help center.

Representative Guillen moved to concur in the senate amendments to HB 1301.

The motion to concur in the senate amendments to HB 1301 prevailed by (Record 1596): 93 Yeas, 46 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Larson; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zwiener.

Nays — Anderson; Ashby; Bell, C.; Biedermann; Buckley; Burns; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Frank; Harris; Hefner; King, P.; Klick; Krause; Lambert; Landgraf; Leach; Leman; Metcalf; Middleton; Murr; Noble; Parker; Patterson; Paul; Price; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Spiller; Stucky; Swanson; Tinderholt; Toth; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Coleman.

Absent — Dean; Fierro; Frullo; Johnson, A.; Kuempel; Lopez; Rosenthal; Smithee.

STATEMENTS OF VOTE

When Record No. 1596 was taken, my vote failed to register. I would have voted no.

Frullo

When Record No. 1596 was taken, I was shown voting present, not voting. I intended to vote no.

Gates

Senate Committee Substitute

CSHB 1301, A bill to be entitled An Act relating to services provided by colonia self-help centers and a study on colonias in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 2306.586(a), (b), (c), and (d), Government Code, are amended to read as follows:
(a)  The purpose of a self-help center is to assist individuals and families of low income and very low income to finance, refinance, construct, improve, or maintain a safe, suitable home and otherwise improve living conditions in the colonias' designated service area or in another area the department has determined is suitable.
(b)  A self-help center shall set a goal to improve the living conditions of residents in the colonias designated under Section 2306.583(b) [2306.583(a)(2)] within a two-year period after a contract is awarded under this subchapter.
(c)  A self-help center may serve individuals and families of low income and very low income by:
(1)  providing assistance in obtaining loans or grants to build a home;
(2)  teaching construction skills necessary to repair or build a home;
(3)  providing model home plans;
(4)  operating a program to rent or provide tools for home construction and improvement for the benefit of property owners in colonias who are building or repairing a residence or installing necessary residential infrastructure;
(5)  helping to obtain, construct, access, or improve the service and utility infrastructure designed to service residences in a colonia, including potable water, wastewater disposal, drainage, streets, and utilities;
(6)  surveying or platting residential property that an individual purchased without the benefit of a legal survey, plat, or record;
(7)  providing credit and debt counseling related to home purchase and finance;
(8)  applying for grants and loans to provide housing and other needed community improvements;
(9)  providing other services that the self-help center, with the approval of the department, determines are necessary to assist colonia residents in improving their [physical] living conditions, including help in:
(A)  obtaining suitable alternative housing outside of a colonia's area; and
(B)  performing the following authorized public service activities under Title 1 of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.):
(i)  securing employment;
(ii)  establishing or expanding a small business;
(iii)  developing professional skills; or
(iv)  managing personal finances and achieving financial literacy;
(10)  providing assistance in obtaining loans or grants to enable an individual or a family to acquire fee simple title to property that originally was purchased under a contract for a deed, contract for sale, or other executory contract; and
(11)  providing monthly programs to educate individuals and families on their rights and responsibilities as property owners.
(d)  A self-help center may not provide grants, financing, or mortgage loan services to purchase, build, rehabilitate, or finance construction or improvements to a home or otherwise improve living conditions in a colonia if water service and suitable wastewater disposal are not available.
SECTION 2.  (a) In this section, "colonia" has the meaning assigned by Section 2306.581, Government Code.
(b)  A joint interim committee is established to study colonias and colonia initiatives in this state.
(c)  The joint interim committee is composed of the members of the standing committees of the legislature with primary jurisdiction over colonias and colonia issues. The committee members shall select a presiding officer from among the membership.
(d)  In conducting the study under this section, the joint interim committee shall:
(1)  determine the best methods for updating and maintaining colonia identification systems and for identifying and classifying colonias in which the highest public health risks exist;
(2)  consider whether colonias should be defined uniformly across all relevant state agencies and whether that definition should include essential metrics such as:
(A)  economic mobility levels;
(B)  poverty levels;
(C)  mortality rates;
(D)  health professional shortage area scores; and
(E)  the average level of education attained by colonia residents;
(3)  to address the enduring lack of services and infrastructure in colonias, assess best practices and funding needs for surveying the services and infrastructure available in, and demographics of, each colonia;
(4)  assess the status of state agency tracking and reporting of state-funded colonia projects and whether improvements to the tracking or reporting mechanisms are necessary;
(5)  determine and assess any non-infrastructure needs within colonias and options for this state to address those needs; and
(6)  assess the impact of the COVID-19 pandemic on colonias and whether additional state services are necessary to address those impacts.
(e)  The joint interim committee has all other powers and duties provided to a special or select committee by the rules of the senate and house of representatives, by Subchapter B, Chapter 301, Government Code, and by policies of the senate and house committees on administration.
(f)  Not later than September 1, 2022, the joint interim committee shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature a written report that includes the findings of the committee under this section, including any legislative recommendations.
(g)  The joint interim committee established under this section is abolished and this section expires November 1, 2022.
SECTION 3.  This Act takes effect September 1, 2021.

HB 1849 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1849, A bill to be entitled An Act relating to the modification of an order establishing the conservatorship or possession of or access to a child after a conservator's death.

Representative Sanford moved to concur in the senate amendments to HB 1849.

The motion to concur in the senate amendments to HB 1849 prevailed by (Record 1597): 142 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Fierro; Harless; Johnson, A.; Kuempel; Morales, C.; Raney.

STATEMENTS OF VOTE

When Record No. 1597 was taken, my vote failed to register. I would have voted yes.

Harless

When Record No. 1597 was taken, I was in the house but away from my desk. I would have voted yes.

C. Morales

Senate Committee Substitute

CSHB 1849, A bill to be entitled An Act relating to the modification of an order establishing the conservatorship or possession of or access to a child after a conservator's death.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as Chelsea Maddux's Law.
SECTION 2.  Subchapter B, Chapter 156, Family Code, is amended by adding Section 156.106 to read as follows:
Sec. 156.106.  MODIFICATION OF ORDER BASED ON DEATH OF CONSERVATOR. (a) The death of a person who is a conservator of a child is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to the child.
(b)  Before modifying an order under Section 156.101 based on a material and substantial change of circumstances described by Subsection (a), the court must consider any term or condition of the order or portion of a decree that denies possession of the child to a parent or imposes restrictions or limitations on the parent's right to possession of or access to the child. The court may include those restrictions or limitations in a modification of the order if the court finds that the restrictions or limitations continue to be in the best interest of the child.
SECTION 3.  The change in law made by this Act applies to a suit for modification that is pending in a trial court on the effective date of this Act or that is filed on or after that date.
SECTION 4.  This Act takes effect September 1, 2021.

HB 1247 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 1247, A bill to be entitled An Act relating to the development of and report on a tri-agency work-based learning strategic framework by the Texas Workforce Commission, the Texas Education Agency, and the Texas Higher Education Coordinating Board.

Representative Lozano moved to concur in the senate amendments to HB 1247.

The motion to concur in the senate amendments to HB 1247 prevailed by (Record 1598): 114 Yeas, 32 Nays, 1 Present, not voting.

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

Nays — Bell, C.; Biedermann; Buckley; Burns; Burrows; Cain; Capriglione; Cook; Cyrier; Harris; Hefner; Krause; Landgraf; Leach; Metcalf; Middleton; Murr; Noble; Patterson; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Fierro; Kuempel.

STATEMENTS OF VOTE

When Record No. 1598 was taken, I was shown voting yes. I intended to vote no.

Gates

When Record No. 1598 was taken, I was shown voting yes. I intended to vote no.

Leman

Senate Committee Substitute

CSHB 1247, A bill to be entitled An Act relating to the development of and report on a tri-agency work-based learning strategic framework by the Texas Workforce Commission, the Texas Education Agency, and the Texas Higher Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by adding Chapter 318 to read as follows:
CHAPTER 318. TRI-AGENCY WORK-BASED LEARNING STRATEGIC FRAMEWORK
Sec. 318.001.  TRI-AGENCY WORK-BASED LEARNING STRATEGIC FRAMEWORK. (a) The commission, the Texas Education Agency, and the Texas Higher Education Coordinat