HOUSE JOURNAL


EIGHTY-SEVENTH LEGISLATURE, REGULAR SESSION


PROCEEDINGS


SIXTIETH DAY --- SUNDAY, MAY 30, 2021

The house met at 1:31 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 1729).

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

Absent, Excused — Coleman.

Absent — Campos; Crockett; Johnson, J.D.; Morales Shaw; Ortega; Pacheco.

The invocation was offered by Representative Moody as follows:

Lord, we thank you for having had the opportunity this session to serve our fellow Texans. Few have this chance, and we pray that we've made the most of it. I often think about the words we find in 1 Corinthians, urging us to look to faith, to hope, to love, and reminding us that love is the greatest of these. That verse was recited at my wedding, in fact, and I think probably a lot of other members' weddings, as well. But a wedding, that is an easy love––to love someone we've chosen, someone who loves us back.
Jesus stood for more complex and difficult love. Anyone can simply return love, but we have to find a higher and truer love for those who oppose us, those who might even hate us. Jesus urged that kind of radical love at the Sermon on the Mount. He told Simon Peter to stay his sword in the garden. His first words on the cross were a prayer for the forgiveness of those who had put him there. And in the Gospel of John, we find Jesus' simple, final command to his apostles: "Love one another as I have loved you."
I was moved by Representative Thierry's prayer yesterday, where she talked about asking for forgiveness when we wrong each other. God, today we pray that you give us the strength to go one step farther and not lose sight of our love for one another even in conflict. That's when we need it the most. And there will be conflict today. Many of us will passionately disagree with one another here on this floor. But as we do, Lord, help us remember our respect for each other as human beings. Help us remember who we are and who you want us to be. Help us reflect the revolutionary love that Jesus showed for all of us. Because if we do that, then love can remain between us here when the dust has settled, and Texas will be the better for it. It is in your name we pray. Amen.

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

HR 1969 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1969, suspending the limitations on the conferees for HB 1281.

HR 1982 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1982, suspending the limitations on the conferees for SB 155.

HR 1994 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1994, suspending the limitations on the conferees for HB 2658.

HR 1997 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1997, suspending the limitations on the conferees for SB 15.

HR 2005 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2005, suspending the limitations on the conferees for HB 2462.

HR 2006 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2006, suspending the limitations on the conferees for HB 3774.

HR 2007 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2007, suspending the limitations on the conferees for SB 7.

HR 2008 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2008, suspending the limitations on the conferees for HB 2030.

HR 2014 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2014, suspending the limitations on the conferees for SB 713.

HR 2022 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2022, suspending the limitations on the conferees for HB 1987.

HR 2027 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2027, suspending the limitations on the conferees for HB 3720.

HR 2076 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2076, suspending the limitations on the conferees for HB 20.

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. 32).

(Morales Shaw and Ortega now present)

MESSAGE FROM THE SENATE

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

(Crockett now present)

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.)

HCR 113 - ADOPTED
(by Shaheen)

Representative Shaheen moved to suspend all necessary rules to take up and consider at this time HCR 113.

The motion prevailed.

The following resolution was laid before the house:

HCR 113, Recalling HB 1322 from the governor.

HCR 113 was adopted by (Record 1730): 141 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Fierro; González, J.; González, M.; Johnson, A.; Johnson, J.D.; Pacheco.

SB 1588 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative C. Turner submitted the conference committee report on SB 1588.

SB 1588 - REMARKS

REPRESENTATIVE C. TURNER: Members, this is the conference committee report on SB 1588, which of course is the bill dealing with property owners' associations. The conference committee report removes the repealer clause that was added on third reading in the house relating to payments made by the Texas Real Estate Commission to the General Revenue Fund. The CCR also updates language from a second reading floor amendment by our joint sponsor, Chairman Bonnen, so that his language mirrors his standalone bill which has now already passed both chambers.

REPRESENTATIVE MORRISON: Representative Turner, I was just wondering, was Senator Johnson's amendment left on this piece of legislation?

C. TURNER: Senator Johnson's amendment?

MORRISON: Yes, sir.

C. TURNER: Can you remind me the substance of that amendment or amendments?

MORRISON: It was my understanding there was an amendment that actually talked about HOAs, that they could not accept money for maintenance as far as assessments. Is there an amendment such as that in this legislation?

C. TURNER: Representative Morrison, my understanding is there is not a Senator Johnson amendment at all in the bill, and I don't recall the provision you're speaking of.

MORRISON: Okay, so there's not anything that says that HOAs cannot collect money––assess money––and that HOAs will not be disbanded if they do so?

C. TURNER: Oh, absolutely not. No. Not at all. This bill provides for HOAs to continue to operate and function and provide the many valuable services they provide. As I mentioned before when we heard this bill previously, I live in a HOA, and I think it benefits my neighborhood. And this bill is about increasing transparency and due process for homeowners in HOAs, for buyers and sellers of properties that are in HOAs, and protecting private property rights. The bill provides for HOAs to continue to serve the vital role that they play in many of our communities around the state and certainly they have the ability to continue to assess fees or dues, as the case may be, to support their functions.

MORRISON: Okay, so there is not anything in here that would keep an HOA from assessing those fees and using it for management or maintenance for the property?

C. TURNER: Absolutely not. I think that's one of the most vital functions that HOAs provide, which is management, beautification, maintenance of common areas. So absolutely not. Those abilities that they have today are absolutely preserved 100 percent under this legislation.

REPRESENTATIVE ISRAEL: Chair Turner, thank you for carrying this legislation. I know it got more difficult, but there's a lot of forces that you're going against here. But I wanted to ask, on behalf of those of us who are involved in real estate transactions, and you may have mentioned it previously, but is there a cap? Talk about the fees that are built in now that it's coming back to the house. And I ask that on behalf of those for whom the fees have gotten horribly large and difficult and become a barrier to people buying a house, which sounds ridiculous, but it's become a barrier. So would you speak a little bit to the fees where the new homeowner just needs to get a hold of the HOA bylaws, rules, and regulations?

C. TURNER: Certainly, Representative Israel. And I know this scenario you have a lot of expertise in. And I'll tell you, we heard a lot of testimony to the effect of what you just said in the Committee on Business and Industry when we heard this bill for the first time––seems like years ago now––earlier this session. And specifically, what we tried to address in the bill is the real estate transfer fees. We heard stories that at closings, one, the parties involved may not know what those fees are until they actually get to the closing. And of course, for many home buyers, they're stretching every dollar, right, to be able to close the purchase on that home. And they've got, obviously, the cost with buying the home; they've got have moving costs; and perhaps they need to prepare to do some repairs or maintenance once they take acquisition of the new property. So to be surprised with a fee that could run into several hundreds of dollars at closing is a real barrier for a lot of people. So what the bill does, and this was extensively negotiated between various stakeholders, is it caps those fees at $375. In the initial house bill version that I authored, we had that capped at––I believe it was $250. But we did negotiate and we agreed to negotiate it at a $375 fee cap.

ISRAEL: Well, thank you so much. That sounds like a reasonable amount. And I will say, it also helps with predictability. As you're entering a transaction, I know predictability is important. So to know that these fees are going north of $1,000 was a pain point for a lot of people who, as you noted, are just scraping their pennies together to get ready to make that transaction happen. And then they get a surprise, correct?

C. TURNER: That's absolutely right. Buying a home is the American dream.

ISRAEL: It's painful.

C. TURNER: But it is a very stressful process. So we want to remove as many barriers as we can, and we think this bill accomplishes that.

ISRAEL: Well, thank you. On behalf of homeowners who are going through this, I like that we're eliminating the surprise billing part. I appreciate your work.

MORRISON: It is my understanding that the Johnson amendment––and I'm sorry, it was Representative Johnson's amendment that was put on the second reading. I just want to read you what this amendment does, and this is very concerning to me. We need to sort it out. The amendment added on second reading to SB 1588 voids condominium associations' assessment collection ability for tens of thousands of Texas condos. Condo assessments pay for roof maintenance, exterior maintenance, utility bills, pools, parking, et cetera, and it is imperative for condo associations to be able to collect assessments to fund their mandatory obligations for maintenance. So what this says is that POAs and HOAs in condos cannot collect regular assessments unless the deed restrictions expressly authorize it. In other words, the duty to pay regular assessments has to be noted in the deed restrictions in order for an HOA or condo association to charge and collect them. So this is an issue for me. I'm a member of a condo association. I'm on the board, and if this is what this amendment does, and this is what the wording I have is, I think this will leave thousands of condo regimes––the ones with documents that don't expressly reference assessment rights––with no ability to collect the assessments because of the way the law posed in the amendment reads. And so I just want you to know that this is what the amendment that was put on this bill did and want you to know about it before we take this vote. Mr. Speaker, I'm speaking in opposition to this bill.

C. TURNER: I want to just address the comments from my good friend Representative Morrison. One, I think there may be some confusion here. Senator Johnson does not have an amendment on this bill. In the house-passed version of SB 1588, there was a Representative Jarvis Johnson amendment, so I don't know if that's where the discrepancy is. But let me just address that amendment. I think there's been some confusion. No secret, because you all have gotten a lot of e-mails and phone calls on this bill over the last several weeks, there are some powerful special interests that don't want the legislature to pass this bill. And unfortunately, there's been some, I'm afraid, intentional misleading or conflating of issues and there's been a conflating of deed restrictions and dedicatory instruments. Those are two very different types of documents. And so specifically, Chapter 82 of the Property Code does give condo associations the right to collect assessments via their bylaws. However, in Chapter 202, the Property Code requires that all dedicatory instruments––which are defined as "each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development"––including bylaws, shall be filed in the real property records of the county in which the property to which those instruments relate reside. So regardless of whether Chapter 82 provides condos the right to charge assessments, via their bylaws, they're still required to publicly file those bylaws with the county.
And the Johnson amendment, the Representative Jarvis Johnson amendment, which is what I think we are talking about here, merely says that if they fail to meet that current legal requirement––again, so members, listen, it's currently required in the law––Representative Johnson's amendment on this bill simply says if they fail to meet that requirement, they're unable to collect those assessments. All they have to do is comply with existing statute and there's no change. So it's simply a safeguard to better enforce compliance with existing law. That's all Representative Johnson's amendment did, and so any suggestion that they'll be unable to collect or assess fees to do maintenance is simply, simply not true. This is a good bill to protect private property rights, to protect the rights of homeowners, and it's going to help provide a needed transparency into the world of property owner associations––many of which, admittedly, do a lot of great work around our state but many of which also yield tremendous power over homeowners and their properties. And the legislature has an obligation to make sure that those powers are being used appropriately and transparently and with due process with the goal of protecting homeowners' private property rights. So I'd ask that you vote yes on the motion to adopt the conference committee report.

Representative C. Turner moved to adopt the conference committee report on SB 1588.

The motion to adopt the conference committee report on SB 1588 prevailed by (Record 1731): 139 Yeas, 4 Nays, 1 Present, not voting.

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

Nays — Geren; King, P.; Morrison; White.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Johnson, J.D.; Pacheco; Romero; Rosenthal.

STATEMENTS OF VOTE

When Record No. 1731 was taken, I was shown voting no. I intended to vote yes.

Geren

When Record No. 1731 was taken, I was shown voting no. I intended to vote yes.

White

SB 383 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Perez submitted the conference committee report on SB 383.

Representative Perez moved to adopt the conference committee report on SB 383.

The motion to adopt the conference committee report on SB 383 prevailed by (Record 1732): 111 Yeas, 32 Nays, 1 Present, not voting.

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

Nays — Anderson; Bell, C.; Bell, K.; Cain; Cason; Clardy; Ellzey; Gates; Harris; Hefner; Holland; Krause; Landgraf; Leman; Metcalf; Murr; Oliverson; Patterson; Paul; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Spiller; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Biedermann; Campos; Dutton; Johnson, J.D.; Pacheco.

STATEMENTS OF VOTE

When Record No. 1732 was taken, I was in the house but away from my desk. I would have voted no.

Biedermann

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Harless

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

P. King

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Morrison

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Raney

When Record No. 1732 was taken, I was shown voting yes. I intended to vote no.

Rogers

HB 3476 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Schofield submitted the following conference committee report on HB 3476:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3476 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Bettencourt
Schofield
Gutierrez
Oliverson
Perry
Zwiener
Springer
Rodriguez
Moody
On the part of the senate
On the part of the house




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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 13.245, Water Code, is amended by amending Subsections (b), (c-3), (c-4), and (c-5) and adding Subsection (c-6) to read as follows:
(b)  Except as provided by Subsections (c), (c-1), and (c-2), the utility commission may not grant to a retail public utility a certificate of public convenience and necessity for a service area within the boundaries or extraterritorial jurisdiction of a municipality without the consent of the municipality. The municipality may not unreasonably withhold the consent. [As a condition of the consent, a municipality may require that all water and sewer facilities be designed and constructed in accordance with the municipality's standards for facilities.]
(c-3)  The utility commission must include, as a condition of a certificate of public convenience and necessity granted under Subsection (c-1) or (c-2) for a service area within the boundaries of a municipality, that all water and sewer facilities be designed and constructed in accordance with the municipality's standards for water and sewer facilities.
(c-4)  The utility commission must include, as a condition of a certificate of public convenience and necessity granted under this section for a service area within the extraterritorial jurisdiction of a municipality, that all water and sewer facilities be designed and constructed in accordance with:
(1)  the commission's standards for water and sewer facilities applicable to water systems that serve greater than 250 connections; or
(2)  the commission's standards for water and sewer facilities applicable to water systems that serve 250 or fewer connections, if the utility commission determines that:
(A)  standards for water and sewer facilities applicable to water systems that serve 250 or fewer connections are appropriate for the service area; and
(B)  regionalization of the retail public utility or consolidation of the retail public utility with another retail public utility is not economically feasible under Section 13.241(d).
(c-5)  Subsections (c-1), (c-2), [and] (c-3), and (c-4) do not apply to:
(1)  a county that borders the United Mexican States and the Gulf of Mexico or a county adjacent to such a county;
(2)  a county with a population of more than 30,000 and less than 35,000 that borders the Red River; or
(3)  a county with a population of more than 100,000 and less than 200,000 that borders a county described by Subdivision (2).
(c-6) [(c-5)]  Subsections (c-1), (c-2), [and] (c-3), and (c-4) do not apply to:
(1)  a county with a population of 130,000 or more that is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or
(2)  a county with a population of more than 40,000 and less than 50,000 that contains a portion of the San Antonio River.
SECTION 2.  This Act takes effect September 1, 2021.

Representative Schofield moved to adopt the conference committee report on HB 3476.

The motion to adopt the conference committee report on HB 3476 prevailed by (Record 1733): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Johnson, J.D.; Morales Shaw; Pacheco.

STATEMENT OF VOTE

When Record No. 1733 was taken, my vote failed to register. I would have voted yes.

Morales Shaw

HB 2483 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative P. King submitted the following conference committee report on HB 2483:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2483 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hancock
P. King
Campbell
Guillen
Johnson
Harless
Nichols
Hernandez
Paddie
On the part of the senate
On the part of the house




HB 2483, A bill to be entitled An Act relating to utility facilities for restoring electric service after a widespread power outage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter Z, Chapter 39, Utilities Code, is amended by adding Section 39.918 to read as follows:
Sec. 39.918.  UTILITY FACILITIES FOR POWER RESTORATION AFTER WIDESPREAD POWER OUTAGE. (a) In this section, "widespread power outage" means an event that results in:
(1)  a loss of electric power that:
(A)  affects a significant number of distribution customers of a transmission and distribution utility; and
(B)  has lasted or is expected to last for at least eight hours; and
(2)  a risk to public safety.
(b)  Notwithstanding any other provision of this subtitle, a transmission and distribution utility may:
(1)  lease and operate facilities that provide temporary emergency electric energy to aid in restoring power to the utility's distribution customers during a widespread power outage in which:
(A)  the independent system operator has ordered the utility to shed load; or
(B)  the utility's distribution facilities are not being fully served by the bulk power system under normal operations; and
(2)  procure, own, and operate, or enter into a cooperative agreement with other transmission and distribution utilities to procure, own, and operate jointly, transmission and distribution facilities that have a lead time of at least six months and would aid in restoring power to the utility's distribution customers following a widespread power outage. In this section, long lead time facilities may not be electric energy storage equipment or facilities under Chapter 35, Utilities Code.
(c)  A transmission and distribution utility that leases and operates facilities under Subsection (b)(1) may not sell electric energy or ancillary services from those facilities.
(d)  Facilities described by Subsection (b)(1):
(1)  must be operated in isolation from the bulk power system; and
(2)  may not be included in independent system operator:
(A)  locational marginal pricing calculations;
(B)  pricing; or
(C)  reliability models.
(e)  A transmission and distribution utility that leases and operates facilities under Subsection (b)(1) shall ensure, to the extent reasonably practicable, that retail customer usage during operation of those facilities is adjusted out of the usage reported for billing purposes by the retail customer's retail electric provider.
(f)  A transmission and distribution utility shall, when reasonably practicable, use a competitive bidding process to lease facilities under Subsection (b)(1).
(g)  A transmission and distribution utility that leases and operates facilities under Subsection (b)(1) or that procures, owns, and operates facilities under Subsection (b)(2) shall include in the utility's emergency operations plan filed with the commission, as described by Section 186.007, a detailed plan on the utility's use of those facilities.
(h)  The commission shall permit:
(1)  a transmission and distribution utility that leases and operates facilities under Subsection (b)(1) to recover the reasonable and necessary costs of leasing and operating the facilities, including the present value of future payments required under the lease, using the rate of return on investment established in the commission's final order in the utility's most recent base rate proceeding; and
(2)  a transmission and distribution utility that procures, owns, and operates facilities under Subsection (b)(2) to recover the reasonable and necessary costs of procuring, owning, and operating the facilities, using the rate of return on investment established in the commission's final order in the utility's most recent base rate proceeding.
(i)  The commission shall authorize a transmission and distribution utility to defer for recovery in a future ratemaking proceeding the incremental operations and maintenance expenses and the return, not otherwise recovered in a rate proceeding, associated with the leasing or procurement, ownership, and operation of the facilities.
(j)  A transmission and distribution utility may request recovery of the reasonable and necessary costs of leasing or procuring, owning, and operating facilities under this section, including any deferred expenses, through a proceeding under Section 36.210 or in another ratemaking proceeding. A lease under Subsection (b)(1) must be treated as a capital lease or finance lease for ratemaking purposes.
(k)  This section expires September 1, 2029.
SECTION 2.  Not later than January 1, 2029, the Public Utility Commission of Texas shall:
(1)  analyze the effects of authorizing transmission and distribution utilities to lease, operate, procure, or own the facilities described by Section 39.918(b), Utilities Code, as added by this Act; and
(2)  submit a report to the legislature that includes the analysis produced under Subdivision (1) of this section and a recommendation of whether the legislature should allow Section 39.918, Utilities Code, as added by this Act, to expire.
SECTION 3.  This Act takes effect September 1, 2021.

Representative P. King moved to adopt the conference committee report on HB 2483.

The motion to adopt the conference committee report on HB 2483 prevailed by (Record 1734): 143 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Huberty; Johnson, J.D.; Longoria; Pacheco.

SB 800 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Paddie submitted the conference committee report on SB 800.

Representative Paddie moved to adopt the conference committee report on SB 800.

The motion to adopt the conference committee report on SB 800 prevailed by (Record 1735): 145 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman.

Absent — Campos; Johnson, J.D.; Pacheco.

HB 1869 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Burrows submitted the following conference committee report on HB 1869:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1869 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Bettencourt
Burrows
Hall
Cyrier
Kolkhorst
Meyer
Lucio
Middleton
Springer
On the part of the senate
On the part of the house



HB 1869, A bill to be entitled An Act relating to the definition of debt for the purposes of calculating certain ad valorem tax rates of a taxing unit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 26.012, Tax Code, is amended by amending Subdivision (7) and adding Subdivisions (9), (18-a), and (18-b) to read as follows:
(7)  "Debt" means:
(A)  a bond, warrant, certificate of obligation, or other evidence of indebtedness owed by a taxing unit that:
(i)  is payable [solely] from property taxes in installments over a period of more than one year, not budgeted for payment from maintenance and operations funds, and secured by a pledge of property taxes; and
(ii)  meets one of the following requirements:
(a)  has been approved at an election;
(b)  includes self-supporting debt;
(c)  evidences a loan under a state or federal financial assistance program;
(d)  is issued for designated infrastructure;
(e)  is a refunding bond;
(f)  is issued in response to an emergency under Section 1431.015, Government Code;
(g)  is issued for renovating, improving, or equipping existing buildings or facilities;
(h)  is issued for vehicles or equipment; or
(i)  is issued for a project under Chapter 311, Tax Code, or Chapter 222, Transportation Code, that is located in a reinvestment zone created under one of those chapters;[,] or
(B)  a payment made under contract to secure indebtedness of a similar nature issued by another political subdivision on behalf of the taxing unit.
(9)  "Designated infrastructure" means infrastructure, including a facility, equipment, rights-of-way, or land, for the following purposes:
(A)  streets, roads, highways, bridges, sidewalks, parks, landfills, parking structures, or airports;
(B)  telecommunications, wireless communications, information technology systems, applications, hardware, or software;
(C)  cybersecurity;
(D)  as part of any utility system, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, or flood control and drainage project;
(E)  police stations, fire stations, or other public safety facilities, jails, juvenile detention facilities, or judicial facilities, and any facilities that are physically attached to the facilities described by this paragraph;
(F)  as part of any school district; or
(G)  as part of any hospital district created by general or special law that includes a teaching hospital.
(18-a)  "Refunding bond" means a bond or other obligation issued for refunding or refinancing purposes under Chapter 1207 or 1371, Government Code.
(18-b)  "Self-supporting debt" means the portion of a bond, warrant, certificate of obligation, or other evidence of indebtedness described by Subdivision (7)(A)(i) designated by the governing body of a political subdivision as being repaid from a source other than property taxes.
SECTION 2.  The changes in law made by this Act apply only to a bond, warrant, certificate of obligation, or other evidence of indebtedness for which the ordinance, order, or resolution authorizing the issuance is adopted by the governing body of a taxing unit on or after the effective date of this Act and for which the taxing unit has not entered into a binding agreement before the effective date of this Act that contemplates the issuance of the debt. The changes in law made by this Act do not apply to a bond, warrant, certificate of obligation, or other evidence of indebtedness for which the ordinance, order, or resolution authorizing the issuance was adopted by the governing body of a taxing unit before the effective date of this Act or for which the taxing unit has entered into a binding agreement before the effective date of this Act that contemplates the issuance of such debt, and the former law is continued in effect for that purpose. For the purposes of this section, "binding agreement" includes a development agreement, ordinance, order, or resolution that authorizes or delegates to an appropriate officer of a taxing unit the execution of a binding agreement at a later date.
SECTION 3.  This Act takes effect September 1, 2021.

The vote of the house was taken on the motion to adopt the conference committee report on HB 1869 and the vote was announced yeas 71, nays 72.

A verification of the vote was requested and was granted.

(Campos now present)

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1736): 72 Yeas, 67 Nays, 3 Present, not voting.

Yeas — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Klick; Krause; Landgraf; Leach; Leman; Metcalf; Meyer; Middleton; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

Nays — Allen; Allison; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Collier; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; Kacal; King, P.; King, T.; Kuempel; Lambert; Lopez; Lozano; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave; Ordaz Perez; Ortega; Perez; Ramos; Raney; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C); King, K.; Thierry.

Absent, Excused — Coleman.

Absent — Cortez; Herrero; Johnson, J.D.; Larson; Longoria; Lucio; Pacheco.

The chair stated that the motion to adopt the conference committee report on HB 1869 prevailed by the above vote.

STATEMENTS OF VOTE

When Record No. 1736 was taken, I was shown voting no. I intended to vote yes.

Dean

When Record No. 1736 was taken, I was shown voting present, not voting. I intended to vote yes.

K. King

LEAVE OF ABSENCE GRANTED

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

Herrero on motion of Rodriguez.

HB 3973 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 3973, A bill to be entitled An Act relating to the composition and use of money in the oil and gas regulation and cleanup fund.

Representative Walle moved to discharge the conferees and concur in the senate amendments to HB 3973.

The motion to discharge the conferees and concur in the senate amendments to HB 3973 prevailed by (Record 1737): 141 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; 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; 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; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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; Herrero.

Absent — Cortez; Johnson, J.D.; Larson; Longoria; Lucio; Pacheco.

Senate Committee Substitute

CSHB 3973, A bill to be entitled An Act relating to a study on abandoned oil and gas wells in this state and the use of the oil and gas regulation and cleanup fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  (a)  A joint interim committee is created to study abandoned oil and gas wells in this state and the use of the oil and gas regulation and cleanup fund.
(b)  The committee shall be composed of:
(1)  five members appointed by the lieutenant governor; and
(2)  five members appointed by the speaker of the house of representatives.
(c)  The committee shall convene at the call of the presiding officer.
(d)  The 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.
(e)  Not later than the 60th day after the effective date of this Act, the lieutenant governor and the speaker of the house of representatives shall appoint the members of the interim committee created under this section.
(f)  The committee shall:
(1)  study matters related to abandoned oil and gas wells in this state, including the costs associated with plugging abandoned wells and bonding requirements imposed on owners or operators of oil and gas wells;
(2)  identify potential solutions to reduce the need for general revenue spending to plug abandoned wells;
(3)  conduct a review of the oil and gas regulation and cleanup fund, including:
(A)  revenue sources of the fund;
(B)  projected revenue for the fund through fiscal year 2025 based on the fund's existing fee and fine structure; and
(C)  an assessment of the rules and statutory limits that determine the amount of the fees and fines that contribute to the fund; and,
(4)  evaluate and identify other sources of potential revenue, including federal funds and other existing taxes and fees paid to the benefit of the state which could be utilized to meet the goals of the committee.
(g)  The Railroad Commission of Texas shall provide information to the committee necessary to conduct the study under Subsection (f) of this section, including information related to:
(1)  budget and performance measures of the commission and fees and fines collected by the commission; and
(2)  any regulatory or statutory changes needed to assure adequate operating revenue for the commission, including revenue used to plug abandoned oil and gas wells.
(h)  Not later than December 1, 2022, the joint interim committee shall report the committee's findings and recommendations to the legislature.
(i)  The committee is abolished and this section expires January 1, 2023.
SECTION 2.  This Act takes effect September 1, 2021.

LEAVES OF ABSENCE GRANTED

The following members were granted leaves of absence for the remainder of today because of important business:

Longoria on motion of Hernandez.

Lucio on motion of Hernandez.

(J.D. Johnson now present)

HB 686 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

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

HB 686, A bill to be entitled An Act relating to the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.

HB 686 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE BUCKLEY: Speaker Moody, there were quite a few changes in this bill, and I just want to clarify that I understand what this bill does now. The version that passed this chamber with a supermajority and great bipartisanship that makes me proud to be a Texan allowed children being sent to adult prisons to receive a second look parole hearing at a maximum of 20 years or one-half of the applicable time provided in the section, whichever is less. I understand the senate changed this to 30 years but kept the one-half language. I interpret that to mean that children would be considered for parole at a maximum of 30 years or one-half the time of an adult convicted for the same crime, but it's ambiguous. What was the legislative intent with that language?

REPRESENTATIVE MOODY: Representative Buckley, you are correct. This provision was intended to allow persons subject to this bill to be eligible for parole in half the time of an adult. For example, if an adult was parole eligible after 40 years, then a person subject to this bill would be eligible after 20 years and have the opportunity to present to the governor's Board of Pardons and Paroles evidence of their rehabilitation. Our intention was to recognize that children are different from adults because of their great capacity for redemption, and this provision allows them an earlier chance to prove they have been redeemed.

BUCKLEY: So Speaker Moody, to clarify, what would the eligibility be without this change?

MOODY: Current law allows those eligible under this provision, meaning those eligible under Section 2, outlined in (d-2)(1), to come up for parole after 30 years or one-half of their sentence. We always intended this to be additional considerations for youthful offenders so that they can benefit from earlier parole hearings than adults. Otherwise, this provision would not change much in the law, and, as you know, the entire statute is intended to be effective and not duplicative of existing law.

BUCKLEY: Speaker Moody, one final question. The parole board, they have the ability to look at someone who comes before them and say, hey, this guy hasn't put in the work, he isn't ready to be paroled, and then set off the next parole board hearing for up to 10 years. Is that correct?

MOODY: That is correct. The parole board maintains the discretion to set off folks who aren't ready for parole for up to 10 years for those with capital murder and five years for everyone else.

REMARKS ORDERED PRINTED

Representative Buckley moved to print remarks between Representative Moody and Representative Buckley on HB 686.

The motion prevailed.

Representative Moody moved to discharge the conferees and concur in the senate amendments to HB 686.

The motion to discharge the conferees and concur in the senate amendments to HB 686 prevailed by (Record 1738): 134 Yeas, 6 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; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; 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; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Sherman; Shine; Slaton; Slawson; Smith; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Hefner; Paul; Shaheen; Thompson, E.; Tinderholt; Toth.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cortez; Larson; Pacheco; Schofield; Smithee.

STATEMENTS OF VOTE

When Record No. 1738 was taken, I was shown voting yes. I intended to vote no.

Ellzey

When Record No. 1738 was taken, I was shown voting yes. I intended to vote no.

Holland

Senate Committee Substitute

CSHB 686, A bill to be entitled An Act relating to the release on parole of certain youthful offenders; changing parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1415 to read as follows:
Sec. 508.1415.  ADDITIONAL PAROLE CONSIDERATIONS FOR YOUTHFUL OFFENDERS. (a) This section applies only to the consideration for release on parole of an inmate who was younger than 17 years of age at the time the offense for which the inmate is eligible for release on parole was committed.
(b)  In determining whether to release an inmate described by Subsection (a) on parole, a parole panel shall assess the growth and maturity of the inmate, taking into consideration:
(1)  the diminished culpability of juveniles, as compared to that of adults;
(2)  the hallmark features of youth; and
(3)  the greater capacity of juveniles for change, as compared to that of adults.
(c)  The board shall adopt a policy establishing factors for a parole panel to consider when reviewing for release on parole an inmate to whom this section applies to ensure that the inmate is provided a meaningful opportunity to obtain release. The policy must:
(1)  consider the age of the inmate at the time of the commission of the offense as a mitigating factor in favor of granting release on parole;
(2)  permit persons having knowledge of the inmate before the inmate committed the offense or having knowledge of the inmate's growth and maturity after the offense was committed to submit statements regarding the inmate for consideration by the parole panel; and
(3)  establish a mechanism for the outcome of a comprehensive mental health evaluation conducted by an expert qualified by education and clinical training in adolescent mental health issues to be considered by the parole panel.
(d)  This section does not:
(1)  affect the rights granted under this chapter or Article 56A.051, Code of Criminal Procedure, to a victim, guardian of a victim, or close relative of a deceased victim; or
(2)  create a legal cause of action.
SECTION 2.  Section 508.145, Government Code, is amended by amending Subsection (b) and adding Subsection (d-2) to read as follows:
(b)  An inmate serving a life sentence under Section 12.31(a)(1), Penal Code, for a capital felony is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 30 [40] calendar years, except that an inmate serving a life sentence under Section 12.31(a)(1), Penal Code, for a capital felony under Section 19.03(a)(1) or (7) of that code is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.
(d-2)(1)  This subsection applies only to an inmate who:
(A)  is serving a sentence for:
(i)  a first degree felony described by Article 42A.054(a), Code of Criminal Procedure;
(ii)  an offense under Section 20A.03 or 71.023, Penal Code; or
(iii)  a first degree felony under Section 71.02, Penal Code; and
(B)  was younger than 17 years of age at the time the offense was committed.
(2)  Notwithstanding any other provision of this section, an inmate described by Subdivision (1) is not eligible for release on parole until the inmate's actual calendar time served, without consideration of good conduct time, equals 20 calendar years or one-half of the applicable time provided by this section, whichever is less, but in no event is the inmate eligible for release on parole in less than four calendar years unless the inmate would otherwise be eligible for release on parole under another provision of this section.
SECTION 3.  The change in law made 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 4.  This Act takes effect January 1, 2022.

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

Amend CSHB 686 (senate committee report) by striking SECTION 3 of the bill, adding transition language (page 2, lines 32-39), and substituting the following:
SECTION 3.  The change in law made by this Act applies to any inmate who is confined in a facility operated by or under contract with the Texas Department of Criminal Justice on or after the effective date of this Act, regardless of whether the offense for which the inmate is confined occurred before, on, or after the effective date of this Act.

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

Amend CSHB 686 (senate committee printing) in SECTION 2 of the bill (page 2, line 26), by striking "20" and substituting "30".

HR 2009 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2009, suspending the limitations on the conferees for HJR 4.

SB 626 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Moody submitted the conference committee report on SB 626.

Representative Moody moved to adopt the conference committee report on SB 626.

The motion to adopt the conference committee report on SB 626 prevailed by (Record 1739): 139 Yeas, 1 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; 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; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Allison.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cortez; Fierro; King, K.; Larson; Pacheco.

SB 1831 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative S. Thompson submitted the conference committee report on SB 1831.

Representative S. Thompson moved to adopt the conference committee report on SB 1831.

The motion to adopt the conference committee report on SB 1831 prevailed by (Record 1740): 140 Yeas, 0 Nays, 1 Present, not voting.

Yeas — 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; 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; 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; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Allen; Cortez; Larson; Pacheco; Toth.

STATEMENTS OF VOTE

When Record No. 1740 was taken, my vote failed to register. I would have voted yes.

Allen

When Record No. 1740 was taken, my vote failed to register. I would have voted yes.

Toth

(Larson now present)

SB 49 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Murr submitted the conference committee report on SB 49.

Representative Murr moved to adopt the conference committee report on SB 49.

The motion to adopt the conference committee report on SB 49 prevailed by (Record 1741): 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; Craddick; Crockett; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cortez; Davis; Pacheco.

SB 1438 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Meyer submitted the conference committee report on SB 1438.

(Cortez now present)

Representative Meyer moved to adopt the conference committee report on SB 1438.

The motion to adopt the conference committee report on SB 1438 prevailed by (Record 1742): 127 Yeas, 15 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; 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.; VanDeaver; Vo; Walle; White; Wilson; Wu.

Nays — Allen; Anchia; Beckley; Cole; Crockett; Davis; Goodwin; Leach; Minjarez; Ordaz Perez; Ramos; Reynolds; Rose; Turner, J.; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Morales Shaw; Pacheco; Vasut.

STATEMENTS OF VOTE

When Record No. 1742 was taken, I was shown voting yes. I intended to vote no.

Bowers

When Record No. 1742 was taken, I was shown voting yes. I intended to vote no.

Bucy

When Record No. 1742 was taken, I was shown voting yes. I intended to vote no.

Howard

When Record No. 1742 was taken, I was shown voting no. I intended to vote yes.

Leach

When Record No. 1742 was taken, I was in the house but away from my desk. I would have voted no.

Morales Shaw

When Record No. 1742 was taken, I was shown voting yes. I intended to vote no.

Rodriguez

When Record No. 1742 was taken, I was in the house but away from my desk. I would have voted yes.

Vasut

SB 2124 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Canales submitted the conference committee report on SB 2124.

Representative Canales moved to adopt the conference committee report on SB 2124.

The motion to adopt the conference committee report on SB 2124 prevailed by (Record 1743): 141 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cason; Huberty; Murphy; Pacheco.

STATEMENT OF VOTE

When Record No. 1743 was taken, my vote failed to register. I would have voted yes.

Cason

HOUSE AT EASE

At 3:04 p.m., the chair announced that the house would stand at ease.

The chair called the house to order at 3:28 p.m.

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. 33).

REMARKS ORDERED PRINTED

Representative Ashby moved to print all remarks on SB 1588.

The motion prevailed.

MESSAGE FROM THE SENATE

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

SB 204 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Huberty submitted the conference committee report on SB 204.

SB 204 - REMARKS

REPRESENTATIVE K. KING: Representative Huberty, just so everybody's clear, the amendment you put on this bill when it passed off the house floor is still intact?

REPRESENTATIVE HUBERTY: That's correct.

K. KING: And I know I'm paraphrasing some, but does your amendment continue the practice that TEA was using during the waiver system?

HUBERTY: That is correct.

K. KING: So we are not going to be cherry-picking kids.

HUBERTY: That's correct.

K. KING: We're not going to allow districts to go in and poach kids from other districts to improve their rating while making the district they took from's rating go down.

HUBERTY: That is correct. In fact, on page 1, Section (A), it's very specific about they have to have "an active policy adopted by the board that prohibits screening transfer students who reside outside the district based on the student's academic performance, disciplinary history, or attendance record, regardless of any relevant district or innovation plan." That is correct.

REMARKS ORDERED PRINTED

Representative K. King moved to print remarks between Represenative Huberty and Representative K. King on SB 204.

The motion prevailed.

Representative Huberty moved to adopt the conference committee report on SB 204.

The motion to adopt the conference committee report on SB 204 prevailed by (Record 1744): 138 Yeas, 4 Nays, 1 Present, not voting.

Yeas — 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; 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; 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; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Allen; Crockett; Morales Shaw; Ramos.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Johnson, A.; Middleton; Pacheco.

STATEMENTS OF VOTE

When Record No. 1744 was taken, I was shown voting yes. I intended to vote no.

Beckley

When Record No. 1744 was taken, I was shown voting yes. I intended to vote no.

Bowers

When Record No. 1744 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

HB 4124 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Hinojosa submitted the following conference committee report on HB 4124:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 4124 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Perry
Hinojosa
Bettencourt
Hernandez
Powell
Ortega
Schwertner
Raymond
Taylor
Price
On the part of the senate
On the part of the house




HB 4124, A bill to be entitled An Act relating to student enrollment in certain special-purpose districts and the allotment under the public school finance system for those districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.351, Education Code, is amended by adding Subsection (c) to read as follows:
(c)  A special-purpose school district established under this section that is operated by a general academic teaching institution, as that term is defined by Section 61.003, may:
(1)  in enrolling students or creating a waitlist for student enrollment, prioritize military-connected students, as that term is defined by Section 25.006(d); and
(2)  enroll a student who:
(A)  is a dependent of a member of the United States military;
(B)  was previously enrolled in school in this state; and
(C)  does not reside in this state due to a military deployment or transfer.
SECTION 2.  Section 48.053(b), Education Code, is amended to read as follows:
(b)  A [For each student who resides in this state and is enrolled in the district, a] school district to which this section applies is entitled to funding under this chapter as if the district had no tier one local share for purposes of Section 48.256 for each student enrolled in the district:
(1)  who resides in this state; or
(2)  who:
(A)  is a dependent of a member of the United States military;
(B)  was previously enrolled in school in this state; and
(C)  does not reside in this state due to a military deployment or transfer.
SECTION 3.  This Act takes effect September 1, 2021.

Representative Hinojosa moved to adopt the conference committee report on HB 4124.

The motion to adopt the conference committee report on HB 4124 prevailed by (Record 1745): 110 Yeas, 33 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Crockett; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Landgraf; Larson; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Slaton; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Buckley; Cain; Craddick; Cyrier; Ellzey; Gates; Harless; Harris; Hefner; Holland; Krause; Lambert; Leach; Leman; Metcalf; Middleton; Noble; Patterson; Paul; Sanford; Schaefer; Schofield; Shaheen; Slawson; Smith; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Johnson, A.; Pacheco.

STATEMENTS OF VOTE

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Cason

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Oliverson

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Parker

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Slaton

When Record No. 1745 was taken, I was shown voting yes. I intended to vote no.

Stucky

SB 1267 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Lozano submitted the conference committee report on SB 1267.

Representative Lozano moved to adopt the conference committee report on SB 1267.

The motion to adopt the conference committee report on SB 1267 prevailed by (Record 1746): 138 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; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Cain; Cason; Patterson; Slaton; Toth.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Gervin-Hawkins; Pacheco.

STATEMENTS OF VOTE

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Paul

When Record No. 1746 was taken, I was shown voting yes. I intended to vote no.

Vasut

SB 766 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Leach submitted the conference committee report on SB 766.

Representative Leach moved to adopt the conference committee report on SB 766.

The motion to adopt the conference committee report on SB 766 prevailed by (Record 1747): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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); Crockett.

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Johnson, A.; Pacheco.

HB 1758 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Krause submitted the following conference committee report on HB 1758:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1758 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Birdwell
Krause
Creighton
Martinez
Huffman
Tinderholt
Hughes
Patterson
Johnson
On the part of the senate
On the part of the house




HB 1758, A bill to be entitled An Act relating to law enforcement's use of force by means of a drone.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.33 to read as follows:
Art. 2.33.  LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. (a) In this article:
(1)  "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that:
(A)  is controlled remotely by a human operator; or
(B)  operates autonomously through computer software or other programming.
(2)  "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.
(b)  Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall:
(1)  adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and
(2)  not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission.
SECTION 2.  Subchapter E, Chapter 9, Penal Code, is amended by adding Section 9.54 to read as follows:
Sec. 9.54.  LIMITATION ON USE OF FORCE BY DRONE. (a) In this section:
(1)  "Autonomous drone" means a drone that operates autonomously through computer software or other programming.
(2)  "Drone" and "law enforcement agency" have the meanings assigned by Article 2.33, Code of Criminal Procedure.
(b)  Notwithstanding any other law, the use of force, including deadly force, involving a drone is justified under this subchapter only if:
(1)  at the time the use of force occurred, the actor was employed by a law enforcement agency;
(2)  the use of force:
(A)  would have been justified under another provision of this subchapter; and
(B)  did not involve the use of deadly force by means of an autonomous drone; and
(3)  before the use of force occurred, the law enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency's use of force by means of a drone, as required by Article 2.33, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy.
SECTION 3.  Not later than January 1, 2022, each law enforcement agency in this state that uses or intends to use a drone, as defined by Article 2.33, Code of Criminal Procedure, as added by this Act, for law enforcement purposes shall:
(1)  adopt the policy required by Article 2.33, Code of Criminal Procedure, as added by this Act; and
(2)  submit the policy to the Texas Commission on Law Enforcement as required by that article.
SECTION 4.  Section 9.54, Penal Code, as added by this Act, applies only to an offense committed on or after January 1, 2022. An offense committed before January 1, 2022, 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 January 1, 2022, if any element of the offense occurred before that date.
SECTION 5.  This Act takes effect September 1, 2021.

Representative Krause moved to adopt the conference committee report on HB 1758.

The motion to adopt the conference committee report on HB 1758 prevailed by (Record 1748): 103 Yeas, 40 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Deshotel; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Goldman; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Moody; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Price; Ramos; Raney; Raymond; Rodriguez; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Walle; White; Wilson; Zwiener.

Nays — Anchia; Beckley; Bernal; Bucy; Campos; Canales; Cole; Collier; Cortez; Crockett; Davis; Dominguez; Dutton; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Howard; Israel; Johnson, J.E.; Lopez; Meza; Minjarez; Morales, C.; Morales, E.; Murr; Ordaz Perez; Perez; Reynolds; Romero; Rose; Rosenthal; Sherman; Slaton; Talarico; Thierry; Thompson, S.; Turner, C.; Vo; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Hernandez; Pacheco.

STATEMENTS OF VOTE

When Record No. 1748 was taken, I was shown voting no. I intended to vote yes.

E. Morales

When Record No. 1748 was taken, I was shown voting no. I intended to vote yes.

Ordaz Perez

HR 2084 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2084, suspending the limitations on the conferees for HB 1281.

HR 2085 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2085, suspending the limitations on the conferees for SB 3.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

(Goldman in the chair)

SB 1123 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Krause submitted the conference committee report on SB 1123.

Representative Krause moved to adopt the conference committee report on SB 1123.

The motion to adopt the conference committee report on SB 1123 prevailed by (Record 1749): 134 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; 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; 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; Walle; White; Wilson; Wu; Zwiener.

Nays — Cason; Slaton.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Bernal; Gervin-Hawkins; Hefner; Leach; Minjarez; Pacheco; Rosenthal; Vo.

HB 671 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Martinez submitted the following conference committee report on HB 671:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 671 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Lucio
Martinez
Bettencourt
Canales
Hinojosa
Guillen
Perry
Hull
Springer
Sanford
On the part of the senate
On the part of the house




HB 671, A bill to be entitled An Act relating to establishment of the disaster identification system for a declared state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 418.004, Government Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a)  "Illuminated display" means a device that is capable of displaying a flashing light and a continuous light in either the color white or the colors blue, green, red, and yellow.
SECTION 2.  Section 418.015(a), Government Code, is amended to read as follows:
(a)  An executive order or proclamation declaring a state of disaster:
(1)  activates the disaster recovery and rehabilitation aspects of the state emergency management plan applicable to the area subject to the declaration; [and]
(2)  authorizes the deployment and use of any forces to which the plan applies and the use or distribution of any supplies, equipment, and materials or facilities assembled, stockpiled, or arranged to be made available under this chapter or other law relating to disasters; and
(3)  activates for the area subject to the declaration the disaster identification system described by Section 418.0151.
SECTION 3.  Subchapter B, Chapter 418, Government Code, is amended by adding Section 418.0151 to read as follows:
Sec. 418.0151.  DISASTER IDENTIFICATION SYSTEM. (a) In an area subject to a state of disaster declaration, a person may elect to participate in the disaster identification system activated for the area. The system must authorize the use of an illuminated display to communicate with disaster relief personnel.
(b)  A person participating in the disaster identification system shall:
(1)  affix to each individual and domesticated animal in the person's household an illuminated display of the following colors:
(A)  if the person has a monochromatic illuminated display, the color white for each individual and animal; or
(B)  if the person has a multicolored illuminated display:
(i)  blue for each individual 18 years of age or older;
(ii)  green for each individual with a disability;
(iii)  red for each individual younger than 18 years of age; and
(iv)  yellow for each animal; and
(2)  using the illuminated display, signal to disaster relief personnel responding to the area after the disaster with:
(A)  a continuous light on the display of each household member who does not need medical assistance; or
(B)  a flashing light on the display of each household member who needs medical assistance.
(c)  Disaster relief personnel may patrol the designated disaster area by air or ground at night to locate individuals or animals with activated illuminated displays.
SECTION 4.  Section 418.042(a), Government Code, is amended to read as follows:
(a)  The division shall prepare and keep current a comprehensive state emergency management plan. The plan may include:
(1)  provisions for prevention and minimization of injury and damage caused by disaster;
(2)  provisions for prompt and effective response to disaster;
(3)  provisions for emergency relief;
(4)  provisions for energy emergencies;
(5)  identification of areas particularly vulnerable to disasters;
(6)  recommendations for zoning, building restrictions, and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;
(7)  provisions for assistance to local officials in designing local emergency management plans;
(8)  authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, fire, or other disaster;
(9)  preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;
(10)  organization of manpower and channels of assistance;
(11)  coordination of federal, state, and local emergency management activities;
(12)  coordination of the state emergency management plan with the emergency management plans of the federal government;
(13)  coordination of federal and state energy emergency plans;
(14)  provisions for providing information to local officials on activation of the Emergency Alert System established under 47 C.F.R. Part 11;
(15)  a database of public facilities that may be used under Section 418.017 to shelter individuals during a disaster, including air-conditioned facilities for shelter during an extreme heat disaster and fortified structures for shelter during a wind disaster;
(16)  provisions for quickly replenishing the food supplies of area food banks or food pantries following a disaster;
(17)  provisions for the use of the disaster identification system described by Section 418.0151; and
(18) [(17)]  other necessary matters relating to disasters.
SECTION 5.  This Act takes effect September 1, 2021.

Representative Martinez moved to adopt the conference committee report on HB 671.

The motion to adopt the conference committee report on HB 671 prevailed by (Record 1750): 109 Yeas, 33 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Bonnen; Bowers; Bucy; Burrows; Campos; Canales; Cason; Clardy; Cole; Collier; Cook; Cortez; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; 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; Larson; Leach; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Biedermann; Buckley; Burns; Cain; Capriglione; Craddick; Dean; Harris; Hefner; Holland; Landgraf; Leman; Middleton; Murr; Oliverson; Parker; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Swanson; Toth; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Button; Pacheco.

STATEMENT OF VOTE

When Record No. 1750 was taken, I was shown voting yes. I intended to vote no.

Anderson

SB 696 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Guillen submitted the conference committee report on SB 696.

Representative Guillen moved to adopt the conference committee report on SB 696.

The motion to adopt the conference committee report on SB 696 prevailed by (Record 1751): 83 Yeas, 57 Nays, 2 Present, not voting.

Yeas — Allen; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bernal; Bonnen; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Davis; Dominguez; Dutton; Fierro; Frank; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Kuempel; Larson; Lopez; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Allison; Ashby; Bell, K.; Biedermann; Buckley; Burns; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Darby; Dean; Ellzey; Gates; Geren; Harless; Harris; Hefner; Holland; Hull; Jetton; King, K.; Klick; Krause; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Middleton; Murr; Oliverson; Parker; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Bowers; Deshotel; Hernandez; Pacheco.

STATEMENTS OF VOTE

When Record No. 1751 was taken, my vote failed to register. I would have voted yes.

Bowers

When Record No. 1751 was taken, I was shown voting yes. I intended to vote no.

Noble

When Record No. 1751 was taken, I was shown voting yes. I intended to vote no.

Rogers

HB 2315 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative J. Turner submitted the following conference committee report on HB 2315:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2315 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Huffman
J. Turner
Bettencourt
Rose
Johnson
Meyer
Nelson
Collier
Nichols
Murr
On the part of the senate
On the part of the house




HB 2315, A bill to be entitled An Act relating to the forfeiture of contraband relating to the criminal offense of racing on a highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  (a) Article 59.01(2), Code of Criminal Procedure, as effective until January 1, 2022, is amended to read as follows:
(2)  "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is:
(A)  used in the commission of:
(i)  any first or second degree felony under the Penal Code;
(ii)  any felony under Section 15.031(b), 21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
(iii)  any felony under Chapter 43, Penal Code, except as provided by Paragraph (B);
(iv)  any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(v)  any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;
(B)  used or intended to be used in the commission of:
(i)  any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);
(ii)  any felony under Chapter 483, Health and Safety Code;
(iii)  a felony under Chapter 151, Finance Code;
(iv)  any felony under Chapter 20A or 34, Penal Code;
(v)  a Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;
(vi)  any felony under Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves a health care program, as defined by Section 35A.01, Penal Code;
(vii)  a Class B misdemeanor under Chapter 522, Business & Commerce Code;
(viii)  a Class A misdemeanor under Section 306.051, Business & Commerce Code;
(ix)  any offense under Section 42.10, Penal Code;
(x)  any offense under Section 46.06(a)(1) or 46.14, Penal Code;
(xi)  any offense under Chapter 71, Penal Code;
(xii)  any offense under Section 20.05, 20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
(xiii)  an offense under Section 326.002, Business & Commerce Code; or
(xiv)  a Class A misdemeanor or any felony under Section 545.420, Transportation Code, other than a Class A misdemeanor that is classified as a Class A misdemeanor based solely on conduct constituting a violation of Subsection (e)(2)(B) of that section;
(C)  the proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) of this subdivision, or a crime of violence;
(D)  acquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) of this subdivision, or a crime of violence;
(E)  used to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 or Chapter 43, Penal Code; or
(F)  used to facilitate or intended to be used to facilitate the commission of an offense under Section 20.05, 20.06, or 20.07 or Chapter 20A, Penal Code.
(b)  Article 59.01(2), Code of Criminal Procedure, as effective on January 1, 2022, is amended to read as follows:
(2)  "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is:
(A)  used in the commission of:
(i)  any first or second degree felony under the Penal Code;
(ii)  any felony under Section 15.031(b), 21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
(iii)  any felony under Chapter 43, Penal Code, except as provided by Paragraph (B);
(iv)  any felony under The Securities Act (Title 12, Government Code); or
(v)  any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;
(B)  used or intended to be used in the commission of:
(i)  any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);
(ii)  any felony under Chapter 483, Health and Safety Code;
(iii)  a felony under Chapter 151, Finance Code;
(iv)  any felony under Chapter 20A or 34, Penal Code;
(v)  a Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;
(vi)  any felony under Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves a health care program, as defined by Section 35A.01, Penal Code;
(vii)  a Class B misdemeanor under Chapter 522, Business & Commerce Code;
(viii)  a Class A misdemeanor under Section 306.051, Business & Commerce Code;
(ix)  any offense under Section 42.10, Penal Code;
(x)  any offense under Section 46.06(a)(1) or 46.14, Penal Code;
(xi)  any offense under Chapter 71, Penal Code;
(xii)  any offense under Section 20.05, 20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
(xiii)  an offense under Section 326.002, Business & Commerce Code; or
(xiv)  a Class A misdemeanor or any felony under Section 545.420, Transportation Code, other than a Class A misdemeanor that is classified as a Class A misdemeanor based solely on conduct constituting a violation of Subsection (e)(2)(B) of that section;
(C)  the proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) of this subdivision, or a crime of violence;
(D)  acquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) of this subdivision, or a crime of violence;
(E)  used to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 or Chapter 43, Penal Code; or
(F)  used to facilitate or intended to be used to facilitate the commission of an offense under Section 20.05, 20.06, or 20.07 or Chapter 20A, Penal Code.
SECTION 2.  The change in law made by this Act applies only to property or proceeds seized on or after the effective date of this Act. Property or proceeds seized before the effective date of this Act are governed by the law in effect on the date the property or proceeds were seized, and the former law is continued in effect for that purpose. For purposes of this section, property or proceeds were seized before the effective date of this Act if any portion of the property or proceeds were seized before that date.
SECTION 3.  This Act takes effect September 1, 2021.

Representative J. Turner moved to adopt the conference committee report on HB 2315.

The motion to adopt the conference committee report on HB 2315 prevailed by (Record 1752): 103 Yeas, 40 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Beckley; Bernal; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Larson; Lopez; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Ordaz Perez; Ortega; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bailes; Bell, C.; Bell, K.; Biedermann; Buckley; Cain; Cason; Dean; Ellzey; Gates; Harless; Harris; Hefner; Holland; Hull; Jetton; King, P.; Krause; Lambert; Landgraf; Leach; Leman; Lozano; Middleton; Noble; Oliverson; Patterson; Paul; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

STATEMENT OF VOTE

When Record No. 1752 was taken, I was shown voting yes. I intended to vote no.

Anderson

HB 1493 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Walle submitted the following conference committee report on HB 1493:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1493 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hinojosa
Herrero
Campbell
Leach
Hughes
Martinez Fischer
Nelson
Rodriguez
Zaffirini
Walle
On the part of the senate
On the part of the house




HB 1493, A bill to be entitled An Act relating to the use of an entity name that falsely implies governmental affiliation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 150C to read as follows:
CHAPTER 150C. ENTITY NAME FALSELY IMPLYING GOVERNMENTAL AFFILIATION
Sec. 150C.001.  DEFINITION. In this chapter, "governmental unit" has the meaning assigned by Section 101.001.
Sec. 150C.002.  FALSELY IMPLYING GOVERNMENTAL AFFILIATION. (a) A governmental unit is entitled to enjoin another person's use of an entity name that falsely implies governmental affiliation with the governmental unit.
(b)  In an action brought under this section, the governmental unit is entitled to injunctive relief throughout the state.
(c)  If the court finds that the person against whom the injunctive relief is sought wilfully intended to imply governmental affiliation with the governmental unit, the court, in the court's discretion, may award reasonable attorney's fees and court costs to the governmental unit.
SECTION 2.  Subchapter B, Chapter 5, Business Organizations Code, is amended by adding Sections 5.064 and 5.065 to read as follows:
Sec. 5.064.  NAME FALSELY IMPLYING GOVERNMENTAL AFFILIATION PROHIBITED. (a) A filing entity or a foreign filing entity may not use a name in this state that falsely implies an affiliation with a governmental entity.
(b)  The submission of a filing instrument is an affirmation by the organizer or by a managerial official named in the filing instrument that the name provided as the name of the filing entity does not falsely imply an affiliation with a governmental entity.
(c)  The addition of a word, phrase, or abbreviation that is required to be included in the name of a domestic or foreign filing entity under the provisions of this chapter is not a factor when determining whether a name violates Subsection (a).
(d)  For purposes of this section, an entity name means:
(1)  the name of a domestic filing entity, as evidenced by its certificate of formation, as amended or restated; or
(2)  in the case of a foreign filing entity, the name of the foreign filing entity or the fictitious name of a foreign filing entity, as evidenced by its application for registration or its most recent amended registration.
(e)  The secretary of state shall adopt rules and prescribe procedures to implement this section.
Sec. 5.065.  FALSE IMPLICATION OF GOVERNMENTAL AFFILIATION; AUTHORITY OF SECRETARY OF STATE AND ATTORNEY GENERAL. (a) On the written request of a governmental entity specifying the basis on which a filing entity's or foreign filing entity's name falsely implies affiliation with the governmental entity, the secretary of state may, in the secretary's reasonable discretion and after consultation with the attorney general, determine not later than the 30th day after the date of the secretary's acceptance of a filing instrument that a filing entity's or a foreign filing entity's name falsely implies an affiliation with a governmental entity in violation of Section 5.064.
(b)  If the secretary of state determines under Subsection (a) that a filing entity's or foreign filing entity's name falsely implies an affiliation with a governmental entity, the secretary of state shall notify the entity in writing of the determination. The secretary of state shall provide the filing entity or foreign filing entity an opportunity to respond to the notice not later than the 60th day after the date of the notice, including through the submission of documentation verifying that the entity is affiliated with the governmental entity or by demonstrating that the entity's name does not falsely imply affiliation with the governmental entity. The secretary of state shall make a final determination, based on the filing entity's or foreign filing entity's response, as to whether or not the entity's name falsely implies an affiliation with a governmental entity.
(c)  After making a final determination based on the filing entity's or foreign filing entity's response under Subsection (b), the secretary of state shall notify the filing entity or foreign filing entity of the secretary's final determination. If the entity does not timely respond to notice provided to the entity under Subsection (b), the secretary's initial determination becomes final. If the secretary of state finally determines that the filing entity's or foreign filing entity's name falsely implies an affiliation with a governmental entity, not later than the 90th day after the date the secretary of state sends the notification required by Subsection (b), the entity shall:
(1)  cease transacting business or operating under that name in this state; and
(2)  file with the secretary of state the applicable instrument to amend the entity's name as shown in the records of the secretary of state.
(d)  If a filing entity or a foreign filing entity fails to take the action required by Subsection (c)(2), the secretary of state shall notify the attorney general of the entity's failure to file the applicable filing instrument.
(e)  The attorney general may bring an action in the name of the state for injunctive relief to require compliance with this section.
(f)  An action under this section may be brought in a district court in Travis County.
(g)  The attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorney's fees, and investigatory costs.
(h)  The secretary of state shall adopt rules and prescribe procedures to implement this section.
(i)  Notwithstanding Subsection (a), on the written request of a governmental entity specifying the basis on which a filing entity's or foreign filing entity's name falsely implies affiliation with the governmental entity, the secretary of state may, in the secretary's reasonable discretion and after consultation with the attorney general, determine within eight years after the secretary's acceptance of a filing instrument that a filing entity's or a foreign filing entity's name falsely implies an affiliation with a governmental entity in violation of Section 5.064. A determination made under this subsection is subject to Subsections (b)-(g) to the same extent as a determination made under Subsection (a). This subsection expires December 31, 2021.
SECTION 3.  Not later than December 1, 2021, the secretary of state shall adopt rules and prescribe procedures under Section 5.065(h), Business Organizations Code, as added by this Act.
SECTION 4.  The secretary of state and the attorney general retain the authority under Section 5.065, Business Organizations Code, as added by this Act, to act on a written request by a governmental entity under Section 5.065(i), Business Organizations Code, as added by this Act, that is made before December 31, 2021.
SECTION 5.  This Act takes effect September 1, 2021.

Representative Walle moved to adopt the conference committee report on HB 1493.

The motion to adopt the conference committee report on HB 1493 prevailed by (Record 1753): 134 Yeas, 8 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Paddie; Parker; Patterson; 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; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Cain; Cason; Middleton; Murr; Oliverson; Paul; Slaton; Vasut.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

STATEMENTS OF VOTE

When Record No. 1753 was taken, I was shown voting present, not voting. I intended to vote yes.

Capriglione

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Craddick

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Toth

When Record No. 1753 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 1315 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Dominguez submitted the conference committee report on SB 1315.

Representative Dominguez moved to adopt the conference committee report on SB 1315.

The motion to adopt the conference committee report on SB 1315 prevailed by (Record 1754): 106 Yeas, 33 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; Cole; Collier; Cortez; Craddick; Crockett; Darby; Davis; Deshotel; Dominguez; Dutton; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Hernandez; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Landgraf; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Paddie; Parker; Paul; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Slawson; Smithee; Spiller; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Cain; Clardy; Cook; Cyrier; Dean; Ellzey; Harless; Hefner; Holland; Hull; Krause; Kuempel; Lambert; Leach; Murr; Noble; Oliverson; Patterson; Price; Sanford; Schaefer; Schofield; Shaheen; Slaton; Smith; Stucky; Swanson; Tinderholt; Toth; Vasut; White; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Frank; Gates; Klick; Larson; Pacheco.

STATEMENTS OF VOTE

When Record No. 1754 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 1754 was taken, I was shown voting yes. I intended to vote no.

Slawson

HB 1929 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Wilson submitted the following conference committee report on HB 1929:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1929 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Buckingham
Wilson
Bettencourt
Bucy
Hall
Cyrier
Paxton
Darby
Springer
Rodriguez
On the part of the senate
On the part of the house




HB 1929, A bill to be entitled An Act relating to the breach of development agreement contracts governing land in the extraterritorial jurisdiction of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 212.172, Local Government Code, is amended by amending Subsections (a), (c), (e), (f), (g), and (h) and adding Subsections (i), (j), and (k) to read as follows:
(a)  In this subchapter:
(1)  "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court and includes the bringing of an authorized arbitration proceeding and prosecution to final resolution in accordance with any mandatory procedures established in the contract agreement for the arbitration proceedings.
(2)  "Contract" means a contract for a development agreement authorized by this subchapter.
(3)  "Extraterritorial [, "extraterritorial] jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42.
(c)  A contract [An agreement under this subchapter] must:
(1)  be in writing;
(2)  contain an adequate legal description of the land;
(3)  be approved by the governing body of the municipality and the landowner; and
(4)  be recorded in the real property records of each county in which any part of the land that is subject to the contract [agreement] is located.
(e)  A municipality in an affected county, as defined by Section 16.341, Water Code, may not enter into a contract [an agreement under this subchapter] that is inconsistent with the model rules adopted under Section 16.343, Water Code.
(f)  The contract [agreement] between the governing body of the municipality and the landowner is binding on the municipality and the landowner and on their respective successors and assigns for the term of the contract [agreement]. The contract [agreement] is not binding on, and does not create any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the development, except for land use and development regulations that may apply to a specific lot. Annexation by a municipality of land subject to a contract does not invalidate the enforceability of the contract or infringe on the rights of a party to adjudicate a claim arising under the contract.
(g)  A contract:
(1)  [An agreement under this subchapter] constitutes a permit under Chapter 245; and
(2)  is a program authorized by the legislature under Section 52-a, Article III, Texas Constitution.
(h)  A contract [An agreement] between a municipality and a landowner entered into prior to the effective date of this section, or any amendment to this section, and that complies with this section is validated, enforceable, and may be adjudicated subject to the terms and conditions of this subchapter, as amended.
(i)  A municipality that enters into a contract waives immunity from suit for the purpose of adjudicating a claim for breach of the contract.
(j)  Except as provided by Subsection (k), actual damages, specific performance, or injunctive relief may be granted in an adjudication brought against a municipality for breach of a contract. The total amount of money awarded in an adjudication brought against a municipality for breach of a contract is limited to the following:
(1)  the balance due and owed by the municipality under the contract as it may have been amended;
(2)  any amount owed by the landowner as a result of the municipality's failure to perform under the contract, including compensation for the increased cost of infrastructure as a result of delays or accelerations caused by the municipality;
(3)  reasonable attorney's fees; and
(4)  interest as allowed by law, including interest as calculated under Chapter 2251, Government Code.
(k)  Damages awarded in an adjudication brought against a municipality for breach of a contract may not include:
(1)  consequential damages, except as expressly allowed under Subsection (j)(2); or
(2)  exemplary damages.
SECTION 2.  Section 212.174, Local Government Code, is amended to read as follows:
Sec. 212.174.  MUNICIPAL UTILITIES. A municipality may not require a contract [an agreement under this subchapter] as a condition for providing water, sewer, electricity, gas, or other utility service from a municipally owned or municipally operated utility that provides any of those services.
SECTION 3.  This Act takes effect September 1, 2021.

Representative Wilson moved to adopt the conference committee report on HB 1929.

The motion to adopt the conference committee report on HB 1929 prevailed by (Record 1755): 110 Yeas, 33 Nays, 2 Present, not voting.

Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Guerra; Guillen; Harless; Harris; Hefner; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Moody; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu.

Nays — Allen; Beckley; Bowers; Campos; Collier; Crockett; Davis; Dominguez; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Johnson, A.; Johnson, J.D.; Larson; Meza; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Neave; Ordaz Perez; Ramos; Reynolds; Romero; Rose; Sherman; Thompson, S.; Toth; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

STATEMENTS OF VOTE

When Record No. 1755 was taken, I was shown voting no. I intended to vote yes.

E. Morales

When Record No. 1755 was taken, I was shown voting no. I intended to vote yes.

Ordaz Perez

When Record No. 1755 was taken, I was shown voting yes. I intended to vote no.

Perez

HB 3578 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Guerra submitted the following conference committee report on HB 3578:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3578 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Johnson
Guerra
Kolkhorst
Meyer
Perry
Noble
Powell
Thierry
Sanford
On the part of the senate
On the part of the house




HB 3578, A bill to be entitled An Act relating to the payment methods for cigarette and tobacco products permit fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 154.1135(b), Tax Code, is amended to read as follows:
(b)  The payment must be made in cash or by money order, [or] check, or credit card.
SECTION 2.  Section 155.050(b), Tax Code, is amended to read as follows:
(b)  The payment must be made in cash or by money order, [or] check, or credit card.
SECTION 3.  This Act takes effect September 1, 2021.

Representative Guerra moved to adopt the conference committee report on HB 3578.

The motion to adopt the conference committee report on HB 3578 prevailed by (Record 1756): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

SB 2154 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Paddie submitted the conference committee report on SB 2154.

Representative Paddie moved to adopt the conference committee report on SB 2154.

The motion to adopt the conference committee report on SB 2154 prevailed by (Record 1757): 109 Yeas, 26 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Hefner; Huberty; Hull; Hunter; Jetton; Johnson, A.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Leach; Leman; Lopez; Lozano; Martinez; Metcalf; Meyer; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Spiller; Stephenson; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Ashby; Bailes; Burns; Cain; Craddick; Darby; González, M.; Harris; Hinojosa; Holland; Howard; Israel; Lambert; Landgraf; Larson; Martinez Fischer; Middleton; Murr; Parker; Rogers; Sherman; Smithee; Stucky; Talarico; Toth; Vasut.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cortez; Hernandez; Johnson, J.D.; Johnson, J.E.; Meza; Pacheco; Thierry; White; Wilson.

STATEMENTS OF VOTE

When Record No. 1757 was taken, I was shown voting yes. I intended to vote no.

Bernal

When Record No. 1757 was taken, I was shown voting yes. I intended to vote no.

Bucy

When Record No. 1757 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 1757 was taken, I was in the house but away from my desk. I would have voted no.

White

When Record No. 1757 was taken, I was temporarily out of the house chamber. I would have voted no.

Wilson

SB 794 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Meyer submitted the conference committee report on SB 794.

Representative Meyer moved to adopt the conference committee report on SB 794.

The motion to adopt the conference committee report on SB 794 prevailed by (Record 1758): 138 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Buckley.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Button; Holland; Johnson, J.E.; Meza; Pacheco.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 5).

HB 2593 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Moody submitted the following conference committee report on HB 2593:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2593 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Johnson
Moody
Hughes
Biedermann
Kolkhorst
Dutton
Perry
Krause
Schwertner
Slaton
On the part of the senate
On the part of the house




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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 481.002(5) and (6), Health and Safety Code, are amended to read as follows:
(5)  "Controlled substance" means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 2-B, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
(6)  "Controlled substance analogue" means:
(A)  a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, [or] 2-A, or 2-B; or
(B)  a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, [or] 2-A, or 2-B.
SECTION 2.  Section 481.103(a), Health and Safety Code, is amended to read as follows:
(a)  Penalty Group 2 consists of:
(1)  any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product (some trade or other names for Dronabinol:  (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- (trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or other names:  N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);
Ibogaine (some trade or other names:  7-Ethyl-6, 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:  4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade and other names:  4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine; "DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl MDA);
5,6-methylenedioxy-2-aminoindane (MDAI);
Nabilone (Another name for nabilone:  (+)-trans- 3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, 6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other names:  BZP; 1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names:  3-Hexyl-1- hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Pyrrolidine Analog of Phencyclidine (some trade or other names:  1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
[Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:
[delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;
[delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;
[delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or
[compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;]
Thiophene Analog of Phencyclidine (some trade or other names:  1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name:  TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or other name:  TFMPP); and
3,4,5-trimethoxy amphetamine;
(2)  Phenylacetone (some trade or other names:  Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);
(3)  unless specifically excepted or unless listed in another Penalty Group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant or stimulant effect on the central nervous system:
Aminorex (some trade or other names:  aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and salts of optical isomers;
Cathinone (some trade or other names:  2-amino-1- phenyl-1-propanone, alpha-aminopropiophenone, 2- aminopropiophenone);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers, and salts of isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2- methylamino-propiophenone; alpha-(methylamino)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431);
N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers;
(4)  any compound structurally derived from 2-aminopropanal by substitution at the 1-position with any monocyclic or fused-polycyclic ring system, including:
(A)  compounds further modified by:
(i)  substitution in the ring system to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), whether or not further substituted in the ring system by other substituents;
(ii)  substitution at the 3-position with an alkyl substituent; or
(iii)  substitution at the 2-amino nitrogen atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or inclusion of the 2-amino nitrogen atom in a cyclic structure; and
(B)  by example, compounds such as:
4-Methylmethcathinone (Also known as Mephedrone);
3,4-Dimethylmethcathinone (Also known as 3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known as MDPV);
alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP);
Naphthylpyrovalerone  (Also known as Naphyrone);
alpha-Methylamino-valerophenone (Also known as Pentedrone);
beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also known as Ethylone);
(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl) - 5- indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;
(6)  2,5-Dimethoxyphenethylamine and any compound structurally derived from 2,5-Dimethoxyphenethylamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or other name: 2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or other name: 2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or other name: 2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or other name: 2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or other name: 2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or other name:  2C-T-7); and
(7)  2,5-Dimethoxyamphetamine and any compound structurally derived from 2,5-Dimethoxyamphetamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or other name: DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other name: DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or other name: DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name: DOPR).
SECTION 3.  Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.1032 to read as follows:
Sec. 481.1032.  PENALTY GROUP 2-B. (a) Penalty Group 2-B consists of any quantity of the following substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or
compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized.
(b)  For the purposes of this section, the term "isomer" includes an optical, position, or geometric isomer.
SECTION 4.  Section 481.106, Health and Safety Code, is amended to read as follows:
Sec. 481.106.  CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE. For the purposes of the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance, Penalty Groups 1, 1-A, 2, [and] 2-A, and 2-B include a controlled substance analogue that:
(1)  has a chemical structure substantially similar to the chemical structure of a controlled substance listed in the applicable penalty group; or
(2)  is specifically designed to produce an effect substantially similar to, or greater than, a controlled substance listed in the applicable penalty group.
SECTION 5.  The heading to Section 481.113, Health and Safety Code, is amended to read as follows:
Sec. 481.113.  OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2, [OR] 2-A, OR 2-B.
SECTION 6.  Section 481.113(a), Health and Safety Code, is amended to read as follows:
(a)  Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2, [or] 2-A, or 2-B.
SECTION 7.  The heading to Section 481.1161, Health and Safety Code, is amended to read as follows:
Sec. 481.1161.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A OR 2-B.
SECTION 8.  Section 481.1161(a), Health and Safety Code, is amended to read as follows:
(a)  Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A or 2-B, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
SECTION 9.  Section 481.122(a), Health and Safety Code, is amended to read as follows:
(a)  A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, 2-B, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:
(1)  who is a child;
(2)  who is enrolled in a public or private primary or secondary school; or
(3)  who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).
SECTION 10.  Sections 551.003(11) and (12), Occupations Code, are amended to read as follows:
(11)  "Controlled substance" means a substance, including a drug:
(A)  listed in Schedule I, II, III, IV, or V, as established by the commissioner of public health under Chapter 481, Health and Safety Code, or in Penalty Group 1, 1-A, 2, 2-B, 3, or 4, Chapter 481; or
(B)  included in Schedule I, II, III, IV, or V of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(12)  "Dangerous drug" means a drug or device that:
(A)  is not included in Penalty Group 1, 2, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is unsafe for self-medication; or
(B)  bears or is required to bear the legend:
(i)  "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or
(ii)  "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."
SECTION 11.  The change in law made 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 when 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 12.  This Act takes effect September 1, 2021.

Representative Moody moved to adopt the conference committee report on HB 2593.

The motion to adopt the conference committee report on HB 2593 prevailed by (Record 1759): 95 Yeas, 44 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bernal; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Cason; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Deshotel; Dominguez; Dutton; Fierro; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, T.; Krause; Lambert; Landgraf; Larson; Leach; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Ordaz Perez; Ortega; Patterson; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Spiller; Stephenson; Talarico; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.

Nays — Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Cain; Capriglione; Clardy; Darby; Dean; Ellzey; Frullo; Gates; Harless; Harris; Hefner; King, K.; King, P.; Klick; Kuempel; Leman; Metcalf; Morrison; Murr; Noble; Oliverson; Paddie; Paul; Price; Raney; Rogers; Sanford; Shaheen; Slaton; Slawson; Smith; Smithee; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Vasut; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Meza; Pacheco; Parker; Schofield; Thierry.

STATEMENTS OF VOTE

When Record No. 1759 was taken, I was shown voting yes. I intended to vote no.

Craddick

When Record No. 1759 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 1759 was taken, I was shown voting yes. I intended to vote no.

Lambert

SB 248 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Thierry submitted the conference committee report on SB 248.

Representative Thierry moved to adopt the conference committee report on SB 248.

The motion to adopt the conference committee report on SB 248 prevailed by (Record 1760): 81 Yeas, 62 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Davis; Deshotel; Dutton; Fierro; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, T.; Leach; Lopez; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murphy; Neave; Noble; Ordaz Perez; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Swanson; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Biedermann; Bonnen; Buckley; Burns; Cain; Capriglione; Cason; Cook; Cyrier; Darby; Dean; Dominguez; Ellzey; Frank; Frullo; Gates; Harless; Harris; Hefner; Hull; Jetton; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Lozano; Metcalf; Middleton; Morrison; Murr; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

STATEMENTS OF VOTE

When Record No. 1760 was taken, I was shown voting no. I intended to vote yes.

Dominguez

When Record No. 1760 was taken, I was shown voting yes. I intended to vote no.

Geren

When Record No. 1760 was taken, I was shown voting no. I intended to vote yes.

S. Thompson

HB 900 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Huberty submitted the following conference committee report on HB 900:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 900 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Springer
Huberty
Buckingham
Murphy
Schwertner
J.E. Johnson
Hinojosa
Leach
Hancock
Walle
On the part of the senate
On the part of the house




HB 900, A bill to be entitled An Act relating to the liability of a landlord for damages resulting from the execution of a writ of possession in an eviction suit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 24.0061, Property Code, is amended by adding Subsection (i) to read as follows:
(i)  A landlord is not liable for damages to the tenant resulting from the execution of a writ of possession by an officer under this section.
SECTION 2.  Section 24.0061(i), Property Code, as added by this Act, applies only to the execution of a writ of possession issued in an eviction suit filed on or after the effective date of this Act. Execution of a writ of possession issued in an eviction suit filed 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 3.  This Act takes effect September 1, 2021.

Representative Huberty moved to adopt the conference committee report on HB 900.

The motion to adopt the conference committee report on HB 900 prevailed by (Record 1761): 134 Yeas, 7 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; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Perez; Price; Raney; Raymond; 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; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wu; Zwiener.

Nays — Dutton; Paul; Ramos; Reynolds; Toth; Vasut; Walle.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — González, J.; González, M.; Pacheco.

STATEMENTS OF VOTE

When Record No. 1761 was taken, I was shown voting yes. I intended to vote no.

Crockett

When Record No. 1761 was taken, I was shown voting yes. I intended to vote no.

Morales Shaw

When Record No. 1761 was taken, I was shown voting no. I intended to vote yes.

Toth

HR 1969 - ADOPTED
(by Wilson)

The following privileged resolution was laid before the house:

HR 1969

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 1281 (relating to the operation of golf carts in certain areas) to consider and take action on the following matter:
House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill in proposed SECTION 3 of the bill by amending Section 551.404(c), Transportation Code, to read as follows:
(c)  Subsection (b) applies only to a county that:
(1)  borders or contains a portion of the Red River; or
(2)  [borders or contains a portion of the Guadalupe River and contains a part of a barrier island that] borders the Gulf of Mexico and has a population of less than 500,000[; or
[(3)     is adjacent to a county described by Subdivision (2) and:
[(A)     has a population of less than 37,000; and
[(B)     contains a part of a barrier island or peninsula that borders the Gulf of Mexico].
Explanation: This change is necessary to authorize certain counties to allow the operation of a golf cart on certain highways.

HR 1969 was adopted by (Record 1762): 135 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; 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; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Cole; Minjarez.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Bell, C.; González, J.; González, M.; Hernandez; King, K.; Meza; Pacheco.

HB 1281 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Wilson submitted the following conference committee report on HB 1281:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1281 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Schwertner
Wilson
Hancock
Canales
Huffman
Middleton
Nichols
Moody
Reynolds
On the part of the senate
On the part of the house




HB 1281, A bill to be entitled An Act relating to the operation of golf carts in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 551.403, Transportation Code, is amended to read as follows:
Sec. 551.403.  OPERATION AUTHORIZED IN CERTAIN AREAS. (a) An operator may operate a golf cart:
(1)  in a master planned community:
(A)  that is a residential subdivision as defined by Section 209.002(9), Property Code, or has in place a uniform set of restrictive covenants; and
(B)  for which a county or municipality has approved one or more plats [a plat];
(2)  on a public or private beach that is open to vehicular traffic; or
(3)  on a highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated:
(A)  during the daytime; and
(B)  not more than five [two] miles from the location where the golf cart is usually parked and for transportation to or from a golf course.
(b)  Notwithstanding Section 551.402(b), a person may operate a golf cart in a master planned community described by Subsection (a) without a golf cart license plate on a highway for which the posted speed limit is not more than 35 miles per hour, including through an intersection of a highway for which the posted speed limit is more than 35 miles per hour.
SECTION 2.  Section 551.4031, Transportation Code, is amended to read as follows:
Sec. 551.4031.  PROHIBITION OF OPERATION ON HIGHWAY BY MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality may prohibit the operation of a golf cart on a highway under Section 551.403 [551.404] if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(b)  The Texas Department of Transportation may prohibit the operation of a golf cart on a highway under Section 551.403 [551.404] if the department determines that the prohibition is necessary in the interest of safety.
SECTION 3.  Section 551.404(c), Transportation Code, is amended to read as follows:
(c)  Subsection (b) applies only to a county that:
(1)  borders or contains a portion of the Red River; or
(2)  [borders or contains a portion of the Guadalupe River and contains a part of a barrier island that] borders the Gulf of Mexico and has a population of less than 500,000[; or
[(3)     is adjacent to a county described by Subdivision (2) and:
[(A)     has a population of less than 37,000; and
[(B)     contains a part of a barrier island or peninsula that borders the Gulf of Mexico].
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.

Representative Wilson moved to adopt the conference committee report on HB 1281.

The motion to adopt the conference committee report on HB 1281 prevailed by (Record 1763): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco.

SB 23 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Oliverson submitted the conference committee report on SB 23.

Representative Oliverson moved to adopt the conference committee report on SB 23.

The motion to adopt the conference committee report on SB 23 prevailed by (Record 1764): 112 Yeas, 26 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Buckley; Bucy; Burns; Button; Cain; Campos; Capriglione; Cason; Clardy; Collier; Cook; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Hefner; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rodriguez; Rogers; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Vo; Walle; White; Wilson.

Nays — Allen; Beckley; Bowers; Canales; Cole; Fierro; Gervin-Hawkins; Goodwin; Johnson, J.D.; Martinez; Minjarez; Moody; Morales, C.; Neave; Perez; Ramos; Reynolds; Romero; Rose; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anchia; Burrows; Cortez; Hernandez; Johnson, J.E.; Pacheco.

STATEMENTS OF VOTE

When Record No. 1764 was taken, my vote failed to register. I would have voted no.

Anchia

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Bernal

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Bucy

When Record No. 1764 was taken, I was in the house but away from my desk. I would have voted yes.

Burrows

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Campos

When Record No. 1764 was taken, I was in the house but away from my desk. I would have voted no.

Cortez

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Crockett

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Deshotel

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Dominguez

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

J. González

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Hinojosa

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Howard

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Israel

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Lopez

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Meza

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Morales Shaw

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Ordaz Perez

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Ortega

When Record No. 1764 was taken, I was shown voting yes. I intended to vote no.

Rosenthal

HR 2005 - ADOPTED
(by Neave)

The following privileged resolution was laid before the house:

HR 2005

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 2462 (the reporting of a sexual assault, to evidence of a sexual assault or other sex offense, and to other law enforcement procedures occurring with respect to a sexual assault or other sex offense) to consider and take action on the following matters:
(1)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTIONS to the bill:
SECTION 11.  Section 420.003(1-a), Government Code, is amended to read as follows:
(1-a)  "Active criminal case" means a case:
(A)  in which:
(i)  a sexual assault or other sex offense has been reported to a law enforcement agency; [and]
(ii)  physical evidence of the offense has been submitted to the agency or an accredited crime laboratory under this chapter for analysis; and
(iii)  the agency documents that an offense has been committed and reported; and
(B)  for which:
(i)  the statute of limitations has not run with respect to the prosecution of the offense; or
(ii)  a DNA profile was obtained that is eligible under Section 420.043 for comparison with DNA profiles in the state database or CODIS DNA database.
SECTION 12.  Sections 420.034(a) and (c), Government Code, are amended to read as follows:
(a)  For purposes of this section, "evidence" means evidence collected during the investigation of a [an alleged] sexual assault or other sex offense, including:
(1)  evidence from an evidence collection kit used to collect and preserve evidence of a sexual assault or other sex offense; and
(2)  other biological evidence of a sexual assault or other sex offense.
(c)  The tracking system must:
(1)  include the evidence collection kit and any other items collected during the forensic medical examination in relation to a sexual assault or other sex offense and submitted for a laboratory analysis that is necessary to identify the offender or offenders, regardless of whether the evidence is collected in relation to an individual who is alive or deceased;
(2)  track the location and status of each item of evidence through the criminal justice process, including the initial collection of the item of evidence in a forensic medical examination, receipt and storage of the item of evidence at a law enforcement agency, receipt and analysis of the item of evidence at an accredited crime laboratory, and storage and destruction of the item of evidence after the item is analyzed;
(3) [(2)]  allow a facility or entity performing a forensic medical examination of a survivor, law enforcement agency, accredited crime laboratory, prosecutor, or other entity providing a chain of custody for an item of evidence to update and track the status and location of the item; and
(4) [(3)]  allow a survivor to anonymously track or receive updates regarding the status and location of each item of evidence collected in relation to the offense.
SECTION 13.  Section 420.045, Government Code, is transferred to Section 420.034, Government Code, redesignated as Subsection (h), Section 420.034, Government Code, and amended to read as follows:
(h)  Not later than December 1 of each year, the department [Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR OTHER SEX OFFENSE. Each law enforcement agency and public accredited crime laboratory] shall submit a [quarterly] report to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature [department] identifying the number of evidence collection kits that have [the law enforcement agency has] not yet been submitted for laboratory analysis or for which the [crime] laboratory analysis has not yet been completed [an analysis], as applicable. The annual report must be titled "Statewide Electronic Tracking System Report" and must be posted on the department's publicly accessible Internet website.
SECTION 14.  Section 420.035(a), Government Code, as added by Chapter 408 (HB 8), Acts of the 86th Legislature, Regular Session, 2019, is amended to read as follows:
(a)  If a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence as provided by Section 420.0735, the facility or entity shall:
(1)  promptly notify any law enforcement agency investigating the [alleged] offense; and
(2)  not later than two business days after the date the examination is performed, enter the identification number of the evidence collection kit into the statewide electronic tracking system under Section 420.034.
SECTION 15.  Section 420.042, Government Code, is amended by adding Subsection (g) to read as follows:
(g)  A law enforcement agency that fails to submit evidence of a sexual assault or other sex offense to a public accredited crime laboratory within the period required by this section shall provide to the department written documentation of the failure, including a detailed explanation for the failure. The agency shall submit the documentation required by this subsection on or before the 30th day after the date on which the agency discovers that the evidence was not submitted within the period required by this section.
SECTION 16.  Section 420.046, Government Code, is amended to read as follows:
Sec. 420.046.  NONCOMPLIANCE. Failure to comply with the requirements of Subchapter B or this subchapter may be used to determine eligibility for receiving grant funds from the department, the office of the governor, or another state agency.
SECTION 17.  Section 420.042(b), Government Code, is repealed.
SECTION 20.  The changes in law made by this Act to Section 420.034(c), Government Code, and Section 420.035(a), Government Code, as added by Chapter 408 (HB 8), Acts of the 86th Legislature, Regular Session, 2019, apply only to sexual assault evidence and evidence of other sex offenses collected on or after the effective date of this Act. Evidence collected before the effective date of this Act is governed by the law in effect on the date the evidence was collected, and the former law is continued in effect for that purpose.
SECTION 21.  Section 420.042(g), Government Code, as added by this Act, applies to evidence of a sexual assault or other sex offense in possession of a law enforcement agency on or after the effective date of this Act.
Explanation: The addition is necessary to improve the tracking and analysis of evidence of a sexual assault or other sex offense and to ensure compliance with certain requirements imposed with respect to a sex offense or evidence of a sex offense.
(2)  House Rule 13, Sections 9(a)(1) and (3), are suspended to permit the committee to change, alter, or amend text and to add text on a matter not in disagreement in proposed SECTION 19 of the bill, a transition provision for the bill, to read as follows:
SECTION 19.  The changes in law made by this Act to Chapters 56A and 56B, Code of Criminal Procedure, apply only to a sexual assault reported on or after the effective date of this Act. A sexual assault reported before the effective date of this Act is governed by the law in effect on the date the sexual assault was reported, and the former law is continued in effect for that purpose.
Explanation: The change in the provision is necessary to specify a transition for amended Articles 56A.052, 56A.251, 56A.252, 56A.302, 56A.303, 56A.304, 56A.307, and 56B.453, Code of Criminal Procedure, and added Articles 56A.2505 and 56A.2506, Code of Criminal Procedure, in the bill.

HR 2005 was adopted by (Record 1765): 138 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; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; 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; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Walle; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Clardy; Fierro; Hefner; Johnson, A.; Pacheco; Vo.

HB 2462 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Neave submitted the following conference committee report on HB 2462:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2462 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Paxton
Neave
Nichols
Ramos
Huffman
Button
Campbell
Campos
On the part of the senate
On the part of the house




HB 2462, A bill to be entitled An Act relating to the reporting of a sexual assault, to evidence of a sexual assault or other sex offense, and to other law enforcement procedures occurring with respect to a sexual assault or other sex offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Article 56A.052(a), Code of Criminal Procedure, is amended to conform to Section 2, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
(a)  If the offense is a sexual assault, a victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:
(1)  if requested, the right to a disclosure of information regarding:
(A)  any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and
(B)  the status of any analysis being performed of any evidence described by Paragraph (A);
(2)  if requested, the right to be notified:
(A)  at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense;
(B)  at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database; and
(C)  of the results of the comparison described by Paragraph (B), unless disclosing the results would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which those results are expected to be disclosed;
(3)  if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection; and
(4)  for the victim, the right to:
(A)  testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and
(B)  a forensic medical examination to the extent provided by Subchapters F and G if, within 120 [96] hours of the offense:
(i)  the offense is reported to a law enforcement agency; or
(ii)  a forensic medical examination is otherwise conducted at a health care provider [facility].
SECTION 2.  Subchapter F, Chapter 56A, Code of Criminal Procedure, is amended to conform to Section 3, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, by adding Article 56A.2505 and further amending that article to read as follows:
Art. 56A.2505.  APPLICABILITY. This subchapter applies to health care providers described by Article 56A.302.
SECTION 3.  Subchapter F, Chapter 56A, Code of Criminal Procedure, is amended by adding Article 56A.2506 to read as follows:
Art. 56A.2506.  DEFINITION. In this subchapter, "reported sexual assault" means a sexual assault that has been reported to a law enforcement agency.
SECTION 4.  Article 56A.251, 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:
Art. 56A.251.  REQUEST FOR FORENSIC MEDICAL EXAMINATION. (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 reported [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.
(b)  If a sexual assault is not reported within the period described by Subsection (a) and the victim is a minor as defined by Section 101.003, Family Code, on receiving the consent described by Subsection (a) or the consent described by Section 32.003 or 32.005, Family Code, a law enforcement agency shall request a forensic medical examination of the victim for use in the investigation or prosecution of the offense [A law enforcement agency may decline to request a forensic medical examination under Subsection (a) only if:
[(1)     the person reporting the sexual assault has made one or more false reports of sexual assault to any law enforcement agency; and
[(2)     there is no other evidence to corroborate the current allegations of sexual assault].
(c)  If a sexual assault is not reported within the period described by Subsection (a) and the victim is not a minor as defined by Section 101.003, Family Code, on receiving the consent described by Subsection (a), [that subsection] a law enforcement agency may request a forensic medical examination of a victim of a reported [an alleged] sexual assault for use in the investigation or prosecution of the offense if:
(1)  based on the circumstances of the reported assault, the agency believes a forensic medical examination would further that investigation or prosecution; or
(2)  after a medical evaluation by a physician, sexual assault examiner, or sexual assault nurse examiner, the physician or examiner notifies the agency that a forensic medical examination should be conducted [as considered appropriate by the agency].
(d)  If a sexual assault is reported to a law enforcement agency as provided by Subsection (a), (b), or (c), the law enforcement agency shall document, in the form and manner required by the attorney general, whether the agency requested a forensic medical examination. The law enforcement agency shall:
(1)  provide the documentation of the agency's decision regarding a request for a forensic medical examination to:
(A)  the health care provider and the physician, sexual assault examiner, or sexual assault nurse examiner, as applicable, who provides services to the victim that are related to the sexual assault; and
(B)  the victim or the person who consented to the forensic medical examination on behalf of the victim; and
(2)  maintain the documentation of the agency's decision in accordance with the agency's record retention policies.
SECTION 5.  Article 56A.252, Code of Criminal Procedure, is amended to conform to Sections 3 and 8, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
Art. 56A.252.  PAYMENT OF COSTS OF EXAMINATION. (a) [A law enforcement agency that requests a forensic medical examination under Article 56A.251 shall pay all costs of the examination.] On application to the attorney general, a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the [law enforcement agency is entitled to be reimbursed for the reasonable costs of the examination if the examination was performed by a physician or by a] sexual assault examiner or sexual assault nurse examiner who conducts that examination, as applicable, is entitled to be reimbursed in an amount set by attorney general rule for:
(1)  the reasonable costs of the forensic portion of that examination; and
(2)  the evidence collection kit [defined by Section 420.003, Government Code].
(b)  The application under Subsection (a) must be in the form and manner prescribed by the attorney general and must include:
(1)  the documentation that the law enforcement agency requested the forensic medical examination, as required under Article 56A.251(d); and
(2)  a complete and itemized bill of the reasonable costs of the forensic portion of the examination.
(c)  A health care provider or a sexual assault examiner or sexual assault nurse examiner, as applicable, who applies for reimbursement under Subsection (a) shall accept reimbursement from the attorney general as payment for the costs unless:
(1)  the health care provider or the sexual assault examiner or sexual assault nurse examiner, as applicable:
(A)  requests, in writing, additional reimbursement from the attorney general; and
(B)  provides documentation in support of the additional reimbursement, as reasonably requested by the attorney general; and
(2)  the attorney general determines that there is a reasonable justification for additional reimbursement.
(d)  A health care provider is not entitled to reimbursement under this article unless the forensic medical examination was conducted by a physician, sexual assault examiner, or sexual assault nurse examiner.
(e)  On request, the attorney general may provide training to a health care provider regarding the process for applying for reimbursement under this article.
SECTION 6.  Article 56A.302, Code of Criminal Procedure, is amended to read as follows:
Art. 56A.302.  APPLICABILITY. This subchapter applies to the following health care providers [facilities] that provide diagnosis or treatment services to victims of sexual assault:
(1)  a general or special hospital licensed under Chapter 241, Health and Safety Code;
(2)  a general or special hospital owned by this state;
(3)  an outpatient clinic; and
(4)  a private physician's office.
SECTION 7.  Article 56A.303, Code of Criminal Procedure, is amended to conform to Section 4, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
Art. 56A.303.  FORENSIC MEDICAL EXAMINATION. (a) In accordance with Subchapter B, Chapter 420, Government Code, and except as provided by Subsection (b), a health care provider [facility] shall conduct a forensic medical examination of a victim of a [an alleged] sexual assault if:
(1)  the victim arrives at the provider [facility] within 120 [96] hours after the assault occurred;
(2)  the victim consents to the examination; and
(3)  at the time of the examination the victim has not reported the assault to a law enforcement agency.
(b)  If a health care provider [facility] does not provide diagnosis or treatment services to victims of sexual assault, the provider [facility] shall refer a victim of a [an alleged] sexual assault who seeks a forensic medical examination under Subsection (a) to a health care provider [facility] that provides services to those victims.
(c)  A victim of a [an alleged] sexual assault may not be required to participate in the investigation or prosecution of an offense as a condition of receiving a forensic medical examination under this article.
SECTION 8.  Article 56A.304, Code of Criminal Procedure, is amended to conform to Sections 4 and 8, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
Art. 56A.304.  PAYMENT OF FEES RELATED TO EXAMINATION. (a) On application to the [The department shall pay the appropriate fees, as set by] attorney general [rule], a health care provider that provides [for the forensic portion of] a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the [conducted under Article 56A.303(a) and for the evidence collection kit if a physician,] sexual assault examiner [,] or sexual assault nurse examiner who conducts that [the forensic portion of the] examination, as applicable, within 120 [96] hours after the [alleged] sexual assault occurred is entitled to be reimbursed in an amount set by attorney general rule for:
(1)  the reasonable costs of the forensic portion of that examination; and
(2)  the evidence collection kit.
(b)  The application under Subsection (a) must be in the form and manner prescribed by the attorney general and must include:
(1)  certification that the examination was conducted in accordance with the requirements of Article 56A.303(a); and
(2)  a complete and itemized bill of the reasonable costs of the forensic portion of the examination [attorney general shall reimburse the department for fees paid under Subsection (a)].
(c)  A health care provider or a sexual assault examiner or sexual assault nurse examiner, as applicable, who applies for reimbursement under Subsection (a) shall accept reimbursement from the attorney general as payment for the costs unless:
(1)  the health care provider or sexual assault examiner or sexual assault nurse examiner, as applicable:
(A)  requests, in writing, additional reimbursement from the attorney general; and
(B)  provides documentation in support of the additional reimbursement, as reasonably requested by the attorney general; and
(2)  the attorney general determines that there is a reasonable justification for additional reimbursement.
(d)  A health care provider is not entitled to reimbursement under this article unless the forensic medical examination was conducted at the provider by a physician, sexual assault examiner, or sexual assault nurse examiner.
(e)  On request, the attorney general may provide training to a health care provider regarding the process for applying for reimbursement under this article.
(f)  A victim of a [an alleged] sexual assault may not be required to pay for:
(1)  the forensic portion of the forensic medical examination; or
(2)  the evidence collection kit.
SECTION 9.  Article 56A.307, Code of Criminal Procedure, is amended to read as follows:
Art. 56A.307.  PROCEDURES FOR SUBMISSION OR COLLECTION OF ADDITIONAL EVIDENCE. The department, consistent with Chapter 420, Government Code, may develop procedures regarding the submission or collection of additional evidence of a [an alleged] sexual assault other than through a forensic medical examination as described by Article 56A.303(a).
SECTION 10.  Article 56B.453(d), Code of Criminal Procedure, is amended to conform to Section 5, Chapter 1037 (HB 616), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
(d)  The attorney general may use the fund to:
(1)  reimburse a health care provider or a sexual assault examiner or sexual assault nurse examiner for certain costs of a forensic medical examination that are incurred by the provider or the examiner [law enforcement agency for the reasonable costs of a forensic medical examination that are incurred by the agency] under Subchapter F or G, Chapter 56A, as provided by those subchapters; and
(2)  make a payment to or on behalf of an individual for the reasonable costs incurred for medical care provided under Subchapter F or G, Chapter 56A, in accordance with Section 323.004, Health and Safety Code.
SECTION 11.  Section 420.003(1-a), Government Code, is amended to read as follows:
(1-a)  "Active criminal case" means a case:
(A)  in which:
(i)  a sexual assault or other sex offense has been reported to a law enforcement agency; [and]
(ii)  physical evidence of the offense has been submitted to the agency or an accredited crime laboratory under this chapter for analysis; and
(iii)  the agency documents that an offense has been committed and reported; and
(B)  for which:
(i)  the statute of limitations has not run with respect to the prosecution of the offense; or
(ii)  a DNA profile was obtained that is eligible under Section 420.043 for comparison with DNA profiles in the state database or CODIS DNA database.
SECTION 12.  Sections 420.034(a) and (c), Government Code, are amended to read as follows:
(a)  For purposes of this section, "evidence" means evidence collected during the investigation of a [an alleged] sexual assault or other sex offense, including:
(1)  evidence from an evidence collection kit used to collect and preserve evidence of a sexual assault or other sex offense; and
(2)  other biological evidence of a sexual assault or other sex offense.
(c)  The tracking system must:
(1)  include the evidence collection kit and any other items collected during the forensic medical examination in relation to a sexual assault or other sex offense and submitted for a laboratory analysis that is necessary to identify the offender or offenders, regardless of whether the evidence is collected in relation to an individual who is alive or deceased;
(2)  track the location and status of each item of evidence through the criminal justice process, including the initial collection of the item of evidence in a forensic medical examination, receipt and storage of the item of evidence at a law enforcement agency, receipt and analysis of the item of evidence at an accredited crime laboratory, and storage and destruction of the item of evidence after the item is analyzed;
(3) [(2)]  allow a facility or entity performing a forensic medical examination of a survivor, law enforcement agency, accredited crime laboratory, prosecutor, or other entity providing a chain of custody for an item of evidence to update and track the status and location of the item; and
(4) [(3)]  allow a survivor to anonymously track or receive updates regarding the status and location of each item of evidence collected in relation to the offense.
SECTION 13.  Section 420.045, Government Code, is transferred to Section 420.034, Government Code, redesignated as Subsection (h), Section 420.034, Government Code, and amended to read as follows:
(h)  Not later than December 1 of each year, the department [Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR OTHER SEX OFFENSE. Each law enforcement agency and public accredited crime laboratory] shall submit a [quarterly] report to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature [department] identifying the number of evidence collection kits that have [the law enforcement agency has] not yet been submitted for laboratory analysis or for which the [crime] laboratory analysis has not yet been completed [an analysis], as applicable. The annual report must be titled "Statewide Electronic Tracking System Report" and must be posted on the department's publicly accessible Internet website.
SECTION 14.  Section 420.035(a), Government Code, as added by Chapter 408 (HB 8), Acts of the 86th Legislature, Regular Session, 2019, is amended to read as follows:
(a)  If a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence as provided by Section 420.0735, the facility or entity shall:
(1)  promptly notify any law enforcement agency investigating the [alleged] offense; and
(2)  not later than two business days after the date the examination is performed, enter the identification number of the evidence collection kit into the statewide electronic tracking system under Section 420.034.
SECTION 15.  Section 420.042, Government Code, is amended by adding Subsection (g) to read as follows:
(g)  A law enforcement agency that fails to submit evidence of a sexual assault or other sex offense to a public accredited crime laboratory within the period required by this section shall provide to the department written documentation of the failure, including a detailed explanation for the failure. The agency shall submit the documentation required by this subsection on or before the 30th day after the date on which the agency discovers that the evidence was not submitted within the period required by this section.
SECTION 16.  Section 420.046, Government Code, is amended to read as follows:
Sec. 420.046.  NONCOMPLIANCE. Failure to comply with the requirements of Subchapter B or this subchapter may be used to determine eligibility for receiving grant funds from the department, the office of the governor, or another state agency.
SECTION 17.  Section 420.042(b), Government Code, is repealed.
SECTION 18.  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 19.  The changes in law made by this Act to Chapters 56A and 56B, Code of Criminal Procedure, apply only to a sexual assault reported on or after the effective date of this Act. A sexual assault reported before the effective date of this Act is governed by the law in effect on the date the sexual assault was reported, and the former law is continued in effect for that purpose.
SECTION 20.  The changes in law made by this Act to Section 420.034(c), Government Code, and Section 420.035(a), Government Code, as added by Chapter 408 (HB 8), Acts of the 86th Legislature, Regular Session, 2019, apply only to sexual assault evidence and evidence of other sex offenses collected on or after the effective date of this Act. Evidence collected before the effective date of this Act is governed by the law in effect on the date the evidence was collected, and the former law is continued in effect for that purpose.
SECTION 21.  Section 420.042(g), Government Code, as added by this Act, applies to evidence of a sexual assault or other sex offense in possession of a law enforcement agency on or after the effective date of this Act.
SECTION 22.  This Act takes effect September 1, 2021.

Representative Neave moved to adopt the conference committee report on HB 2462.

The motion to adopt the conference committee report on HB 2462 prevailed by (Record 1766): 140 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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; Goldman(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anchia; Fierro; Johnson, A.; Pacheco.

STATEMENT OF VOTE

When Record No. 1766 was taken, my vote failed to register. I would have voted yes.

Anchia

HR 2086 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2086, suspending the limitations on the conferees for HB 4305.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 6).

HR 1997 - ADOPTED
(by P. King)

The following privileged resolution was laid before the house:

HR 1997

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 15 (the Texas Consumer Privacy Act Phase I; creating criminal offenses; increasing the punishment for an existing criminal offense) to consider and take action on the following matter:
House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill in proposed SECTION 8 of the bill by adding Section 730.007(a-2), Transportation Code, to read as follows:
(a-2)  Subsection (a)(2)(C) does not authorize the disclosure of personal information to a natural person who is not a business licensed by, registered with, or subject to regulatory oversight by a government agency.
Explanation: The addition is necessary to clarify that certain provisions of the Act do not authorize the disclosure of personal information to a natural person who is not a business licensed by, registered with, or subject to regulatory oversight by a governmental agency.

HR 1997 was adopted by (Record 1767): 140 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; Ellzey; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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; Walle; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Dutton; Fierro; Pacheco; Stephenson.

SB 15 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative P. King submitted the conference committee report on SB 15.

Representative P. King moved to adopt the conference committee report on SB 15.

The motion to adopt the conference committee report on SB 15 prevailed by (Record 1768): 140 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; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Gates; Morales, E.; Ordaz Perez; Pacheco.

STATEMENT OF VOTE

When Record No. 1768 was taken, I was in the house but away from my desk. I would have voted yes.

E. Morales

SB 1164 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Collier submitted the conference committee report on SB 1164.

Representative Collier moved to adopt the conference committee report on SB 1164.

The motion to adopt the conference committee report on SB 1164 prevailed by (Record 1769): 137 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Deshotel; Dominguez; Dutton; Ellzey; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; 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; Goldman(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Clardy; Dean; Fierro; Gates; Pacheco; Shine; Slaton.

STATEMENTS OF VOTE

When Record No. 1769 was taken, I was in the house but away from my desk. I would have voted yes.

Clardy

When Record No. 1769 was taken, I was in the house but away from my desk. I would have voted yes.

Dean

SB 22 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Patterson submitted the conference committee report on SB 22.

Representative Patterson moved to adopt the conference committee report on SB 22.

The motion to adopt the conference committee report on SB 22 prevailed by (Record 1770): 139 Yeas, 3 Nays, 2 Present, not voting.

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

Nays — Allen; Cason; Oliverson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Pacheco; Vo.

STATEMENT OF VOTE

When Record No. 1770 was taken, I was shown voting yes. I intended to vote no.

Slaton

SB 2038 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Dean submitted the conference committee report on SB 2038.

Representative Dean moved to adopt the conference committee report on SB 2038.

The motion to adopt the conference committee report on SB 2038 prevailed by (Record 1771): 127 Yeas, 14 Nays, 2 Present, not voting.

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

Nays — Biedermann; Cain; Cason; Gates; Hefner; Krause; Middleton; Patterson; Schaefer; Slaton; Slawson; Tinderholt; Toth; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anderson; Dutton; Pacheco.

STATEMENTS OF VOTE

When Record No. 1771 was taken, I was shown voting yes. I intended to vote no.

Schofield

When Record No. 1771 was taken, I was shown voting yes. I intended to vote no.

Swanson

When Record No. 1771 was taken, I was shown voting yes. I intended to vote no.

Vasut

SB 1704 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Krause submitted the conference committee report on SB 1704.

Representative Krause moved to adopt the conference committee report on SB 1704.

The motion to adopt the conference committee report on SB 1704 prevailed by (Record 1772): 140 Yeas, 0 Nays, 2 Present, not voting.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Allen; Campos; Deshotel; Pacheco.

STATEMENTS OF VOTE

When Record No. 1772 was taken, my vote failed to register. I would have voted yes.

Allen

When Record No. 1772 was taken, I was in the house but away from my desk. I would have voted yes.

Campos

HR 2014 - ADOPTED
(by Cyrier)

The following privileged resolution was laid before the house:

HR 2014

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 713 (the sunset review process and certain governmental entities subject to that process) to consider and take action on the following matters:
(1)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on matters not included in either the house or senate version of the bill by adding the following new SECTIONS to the bill:
SECTION 1.03.  ANATOMICAL BOARD OF THE STATE OF TEXAS. Section 691.003, Health and Safety Code, is amended to read as follows:
Sec. 691.003.  SUNSET PROVISION. The Anatomical Board of the State of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2023 [2021].
SECTION 1.04.  TEXAS COMMISSION OF LICENSING AND REGULATION; TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002(a), Occupations Code, is amended to read as follows:
(a)  The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2023 [2021].
SECTION 1.05.  TEXAS COMMISSION ON LAW ENFORCEMENT. (a) Section 1701.002, Occupations Code, is amended to read as follows:
Sec. 1701.002.  APPLICATION OF SUNSET ACT. The Texas Commission on Law Enforcement is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2023 [2021].
(b)  For purposes of Section 1701.002, Occupations Code, as amended by this Act, the Sunset Advisory Commission shall conduct a limited-scope review of the Texas Commission on Law Enforcement for the 88th Legislature.
(c)  In conducting the limited-scope review under this section, the Sunset Advisory Commission staff evaluation and report must be limited to reviewing the appropriateness of the Sunset Advisory Commission's recommendations for the Texas Commission on Law Enforcement made to the 87th Legislature.
(d)  The Sunset Advisory Commission's recommendations to the 88th Legislature may include any recommendation the commission considers appropriate based on the limited-scope review conducted under this section.
SECTION 3.04.  TEXAS RACING COMMISSION. (a) Section 2021.008(a), Occupations Code, is amended to read as follows:
(a)  The commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, and except as provided by Subsections (b) and (c), the commission is abolished and this subtitle expires September 1, 2027 [2021].
(b)  Not later than December 1, 2021, the Texas Racing Commission shall replace all employees who were employed by the Texas Racing Commission on August 31, 2021, in:
(1)  an exempt position; or
(2)  a position at or above salary group B27 in the Texas Position Classification Plan, 1961.
(c)  The Texas Racing Commission may not hire or rehire an individual to fill a position described by Subsection (b) of this section if the individual was employed by the commission in a position described by Subsection (b) of this section during the six months preceding the effective date of this Act.
Explanation: This addition is necessary to limit the scope of the next sunset review of the Texas Commission on Law Enforcement, to replace certain employees of the Texas Racing Commission, and to change the sunset review date for various state agencies.
(2)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTION to the bill:
ARTICLE 9. TRANSITION
SECTION 9.01.  CONFLICT WITH OTHER LAWS. If a conflict exists between this Act and another Act of the 87th Legislature, Regular Session, 2021, that amends or repeals the sunset date of a governmental entity, the provisions of the other Act control without regard to the relative dates of enactment.
Explanation: This addition is necessary to address any conflicts with other legislation enacted by the 87th Legislature, Regular Session, 2021.

HR 2014 was adopted by (Record 1773): 139 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Middleton.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Cason; Pacheco; Price; Sanford.

STATEMENTS OF VOTE

When Record No. 1773 was taken, my vote failed to register. I would have voted yes.

Cason

When Record No. 1773 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 713 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Cyrier submitted the conference committee report on SB 713.

Representative Cyrier moved to adopt the conference committee report on SB 713.

The motion to adopt the conference committee report on SB 713 prevailed by (Record 1774): 133 Yeas, 7 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; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; 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.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.

Nays — Cain; Cason; Middleton; Slaton; Tinderholt; Vasut; Wilson.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Hernandez; Lozano; Pacheco; Schofield.

STATEMENTS OF VOTE

When Record No. 1774 was taken, I was in the house but away from my desk. I would have voted yes.

Hernandez

When Record No. 1774 was taken, my vote failed to register. I would have voted yes.

Lozano

When Record No. 1774 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1774 was taken, I was in the house but away from my desk. I would have voted yes.

Schofield

When Record No. 1774 was taken, I was shown voting yes. I intended to vote no.

Swanson

When Record No. 1774 was taken, I was shown voting yes. I intended to vote no.

Toth

HR 2027 - ADOPTED
(by Frank)

The following privileged resolution was laid before the house:

HR 2027

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 3720 (long-term care facilities for and Medicaid waiver programs available to certain individuals, including individuals with intellectual and developmental disabilities) to consider and take action on the following matters:
(1)  House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting proposed Section 531.06035, Government Code, and the transition language associated with that section. The omitted text imposes a duty on the Health and Human Services Commission to conduct a medical necessity assessment of a child who receives Supplemental Security Income (SSI) before placing the child on the interest list for the medically dependent children (MDCP) program.
Explanation: The omission of the text is necessary to remove the duty imposed on the Health and Human Services Commission to conduct certain medical necessity assessments of a child who receives Supplemental Security Income (SSI) before placing the child on the interest list for the medically dependent children (MDCP) program.
(2)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTION to the bill:
SECTION 1.  Section 531.0581(b), Government Code, is amended to read as follows:
(b)  The executive commissioner shall establish a Long-Term Care Facilities Council as a permanent advisory committee to the commission. The council is composed of the following members appointed by the executive commissioner:
(1)  at least one member who is a for-profit nursing facility provider;
(2)  at least one member who is a nonprofit nursing facility provider;
(3)  at least one member who is an assisted living services provider;
(4)  at least one member responsible for survey enforcement within the state survey and certification agency;
(5)  at least one member responsible for survey inspection within the state survey and certification agency;
(6)  at least one member of the state agency responsible for informal dispute resolution;
(7)  at least one member with expertise in Medicaid quality-based payment systems for long-term care facilities;
(8)  at least one member who is a practicing medical director of a long-term care facility; [and]
(9)  at least one member who is a physician with expertise in infectious disease or public health; and
(10)  at least one member who is a community-based provider at an intermediate care facility for individuals with intellectual or developmental disabilities licensed under Chapter 252, Health and Safety Code.
Explanation: This addition is necessary to change the composition of the Texas Long-Term Care Facilities Council to include at least one member who is a community-based provider at certain intermediate care facilities.
(3)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTIONS to the bill:
SECTION 3.  Section 252.065(b), Health and Safety Code, is amended to read as follows:
(b)  The penalty for a facility with fewer than 60 beds shall be not less than $100 or more than $1,000 for each violation. The penalty for a facility with 60 beds or more shall be not less than $100 or more than $5,000 for each violation. Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty. The total amount of penalties [a penalty] assessed under this subsection for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations, [for each day a violation occurs or continues] may not exceed:
(1)  $5,000 for a facility with fewer than 60 beds; and
(2)  $25,000 for a facility with 60 beds or more.
SECTION 4.  Section 161.089, Human Resources Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:
(c)  After consulting with appropriate stakeholders, the executive commissioner shall develop and adopt rules regarding the imposition of administrative penalties under this section. The rules must:
(1)  specify the types of violations that warrant imposition of an administrative penalty;
(2)  establish a schedule of progressive administrative penalties in accordance with the relative type, frequency, and seriousness of a violation;
(3)  prescribe reasonable amounts to be imposed for each violation giving rise to an administrative penalty, subject to Subdivision (4);
(4)  authorize the imposition of an administrative penalty in an amount not to exceed $5,000 for each violation;
(5)  provide that a provider commits a separate violation each day the provider continues to violate the law or rule;
(6)  ensure standard and consistent application of administrative penalties throughout the state; [and]
(7)  provide for an administrative appeals process to adjudicate claims and appeals relating to the imposition of an administrative penalty under this section that is in accordance with Chapter 2001, Government Code; and
(8)  ensure standard and consistent interpretation of service delivery rules and consistent application of administrative penalties throughout this state.
(c-1)  On adoption of the rules under Subsection (c), the executive commissioner shall develop interpretative guidelines for regulatory staff and providers regarding the imposition of administrative penalties under this section.
SECTION 6.  Not later than December 1, 2021, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 252.065(b), Health and Safety Code, as amended by this Act, and Section 161.089, Human Resources Code, as amended by this Act.
SECTION 7.  The Health and Human Services Commission may not assess a penalty under Section 161.089, Human Resources Code, as amended by this Act, until the executive commissioner of the Health and Human Services Commission:
(1)  adopts the rules necessary to implement Section 161.089(c)(8), Human Resources Code, as added by this Act; and
(2)  develops the interpretive guidelines required by Section 161.089(c-1), Human Resources Code, as added by this Act.
Explanation: The changes are necessary to implement certain changes to law relating to the imposition of administrative penalties against certain long-term care facilities, including a change to the amount of an administrative penalty for certain violations committed by intermediate care facilities for individuals with an intellectual disability and a change to ensure the executive commissioner of the Health and Human Services Commission adopts standard and consistent rules relating to the interpretation and consistent application of administrative penalties against certain long-term care facilities.

HR 2027 was adopted by (Record 1775): 140 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Slaton.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Hinojosa; Pacheco; Slawson.

STATEMENT OF VOTE

When Record No. 1775 was taken, I was in the house but away from my desk. I would have voted yes.

Slawson

HB 3720 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Frank submitted the following conference committee report on HB 3720:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3720 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Kolkhorst
Frank
Bettencourt
Klick
Buckingham
Guillen
Perry
M. González
Powell
Noble
On the part of the senate
On the part of the house




HB 3720, A bill to be entitled An Act relating to long-term care facilities for and Medicaid waiver programs available to certain individuals, including individuals with intellectual and developmental disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 531.0581(b), Government Code, is amended to read as follows:
(b)  The executive commissioner shall establish a Long-Term Care Facilities Council as a permanent advisory committee to the commission. The council is composed of the following members appointed by the executive commissioner:
(1)  at least one member who is a for-profit nursing facility provider;
(2)  at least one member who is a nonprofit nursing facility provider;
(3)  at least one member who is an assisted living services provider;
(4)  at least one member responsible for survey enforcement within the state survey and certification agency;
(5)  at least one member responsible for survey inspection within the state survey and certification agency;
(6)  at least one member of the state agency responsible for informal dispute resolution;
(7)  at least one member with expertise in Medicaid quality-based payment systems for long-term care facilities;
(8)  at least one member who is a practicing medical director of a long-term care facility; [and]
(9)  at least one member who is a physician with expertise in infectious disease or public health; and
(10)  at least one member who is a community-based provider at an intermediate care facility for individuals with intellectual or developmental disabilities licensed under Chapter 252, Health and Safety Code.
SECTION 2.  Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.06011 to read as follows:
Sec. 531.06011.  CERTAIN MEDICAID WAIVER PROGRAMS: INTEREST LIST MANAGEMENT. (a) This section applies only with respect to the following waiver programs:
(1)  the community living assistance and support services (CLASS) waiver program;
(2)  the home and community-based services (HCS) waiver program;
(3)  the deaf-blind with multiple disabilities (DBMD) waiver program;
(4)  the Texas home living (TxHmL) waiver program;
(5)  the medically dependent children (MDCP) waiver program; and
(6)  the STAR+PLUS home and community-based services (HCBS) program.
(b)  The commission, in consultation with the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 534.053, the state Medicaid managed care advisory committee, and interested stakeholders, shall develop a questionnaire to be completed by or on behalf of an individual who requests to be placed on or is currently on an interest list for a waiver program.
(c)  The questionnaire developed under Subsection (b) must, at a minimum, request the following information about an individual seeking or receiving services under a waiver program:
(1)  contact information for the individual or the individual's parent or other legally authorized representative;
(2)  the individual's general demographic information;
(3)  the individual's living arrangement;
(4)  the types of assistance the individual requires;
(5)  the individual's current caregiver supports and circumstances that may cause the individual to lose those supports; and
(6)  when the delivery of services under a waiver program should begin to ensure the individual's health and welfare and that the individual receives services and supports in the least restrictive setting possible.
(d)  If an individual is on a waiver program's interest list and the individual or the individual's parent or other legally authorized representative does not respond to a written or verbal request made by the commission to update information concerning the individual or otherwise fails to maintain contact with the commission, the commission:
(1)  shall designate the individual's status on the interest list as inactive until the individual or the individual's parent or other legally authorized representative notifies the commission that the individual is still interested in receiving services under the waiver program; and
(2)  at the time the individual or the individual's parent or other legally authorized representative provides notice to the commission under Subdivision (1), shall designate the individual's status on the interest list as active and restore the individual to the position on the list that corresponds with the date the individual was initially placed on the list.
(e)  The commission's designation of an individual's status on an interest list as inactive under Subsection (d) may not result in the removal of the individual from that list or any other waiver program interest list.
(f)  Not later than September 1 of each year, the commission shall provide to the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 534.053, or, if that advisory committee is abolished, an appropriate stakeholder advisory committee, as determined by the executive commissioner, the number of individuals, including individuals whose status is designated as inactive by the commission, who are on an interest list to receive services under a waiver program.
SECTION 3.  Section 252.065(b), Health and Safety Code, is amended to read as follows:
(b)  The penalty for a facility with fewer than 60 beds shall be not less than $100 or more than $1,000 for each violation. The penalty for a facility with 60 beds or more shall be not less than $100 or more than $5,000 for each violation. Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty. The total amount of penalties [a penalty] assessed under this subsection for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations, [for each day a violation occurs or continues] may not exceed:
(1)  $5,000 for a facility with fewer than 60 beds; and
(2)  $25,000 for a facility with 60 beds or more.
SECTION 4.  Section 161.089, Human Resources Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:
(c)  After consulting with appropriate stakeholders, the executive commissioner shall develop and adopt rules regarding the imposition of administrative penalties under this section. The rules must:
(1)  specify the types of violations that warrant imposition of an administrative penalty;
(2)  establish a schedule of progressive administrative penalties in accordance with the relative type, frequency, and seriousness of a violation;
(3)  prescribe reasonable amounts to be imposed for each violation giving rise to an administrative penalty, subject to Subdivision (4);
(4)  authorize the imposition of an administrative penalty in an amount not to exceed $5,000 for each violation;
(5)  provide that a provider commits a separate violation each day the provider continues to violate the law or rule;
(6)  ensure standard and consistent application of administrative penalties throughout the state; [and]
(7)  provide for an administrative appeals process to adjudicate claims and appeals relating to the imposition of an administrative penalty under this section that is in accordance with Chapter 2001, Government Code; and
(8)  ensure standard and consistent interpretation of service delivery rules and consistent application of administrative penalties throughout this state.
(c-1)  On adoption of the rules under Subsection (c), the executive commissioner shall develop interpretative guidelines for regulatory staff and providers regarding the imposition of administrative penalties under this section.
SECTION 5.  As soon as practicable after the effective date of this Act, the Health and Human Services Commission shall develop the questionnaire required by Section 531.06011(b), Government Code, as added by this Act.
SECTION 6.  Not later than December 1, 2021, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 252.065(b), Health and Safety Code, as amended by this Act, and Section 161.089, Human Resources Code, as amended by this Act.
SECTION 7.  The Health and Human Services Commission may not assess a penalty under Section 161.089, Human Resources Code, as amended by this Act, until the executive commissioner of the Health and Human Services Commission:
(1)  adopts the rules necessary to implement Section 161.089(c)(8), Human Resources Code, as added by this Act; and
(2)  develops the interpretive guidelines required by Section 161.089(c-1), Human Resources Code, as added by this Act.
SECTION 8.  The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money to the commission 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 9.  If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 10.  This Act takes effect September 1, 2021.

Representative Frank moved to adopt the conference committee report on HB 3720.

The motion to adopt the conference committee report on HB 3720 prevailed by (Record 1776): 140 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Slaton.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Johnson, J.E.; Klick; Pacheco.

STATEMENT OF VOTE

When Record No. 1776 was taken, I was in the house but away from my desk. I would have voted yes.

Klick

HR 2084 - ADOPTED
(by P. King)

The following privileged resolution was laid before the house:

HR 2084

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 1281 (a reliability assessment of the ERCOT power grid and certificates of public convenience and necessity for certain transmission projects) to consider and take action on the following matter:
House Rule 13, Sections 9(a)(1) and (3) are suspended to permit the committee to change, alter, or amend text which is not in disagreement and add text on a matter which is not in disagreement in proposed SECTION 1 of the bill by adding Sections 37.052(c)(1)(A) and (B), Utilities Code, to read as follows:
(1)  the transmission line does not exceed:
(A)  three miles in length, if the line connects to a load-serving substation or metering point; or
(B)  two miles in length, if the line connects to a generation substation or metering point;
Explanation:  The change is necessary to distinguish that an electric transmission line to which Subsection 37.056(c), Utilities Code, as added by this bill, applies must measure three miles or less for a load-serving electric transmission line and two miles or less for an electric transmission line that connects to power generation.

HR 2084 was adopted by (Record 1777): 141 Yeas, 1 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; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Biedermann.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Hernandez; Pacheco.

STATEMENT OF VOTE

When Record No. 1777 was taken, I was temporarily out of the house chamber. I would have voted yes.

Hernandez

SB 1281 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative P. King submitted the conference committee report on SB 1281.

SB 1281 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE ZWIENER: I'm really glad to see this piece of legislation here at the finish line. I want to thank you, Representative Darby, the rest of the conferees, and Senator Hancock for working with us on this. Could you tell us the changes we made from the house engrossed version? Or the house amendments, I should say.

REPRESENTATIVE P. KING: Essentially, now if you're trying to build transmission lines to a new generation facility, whether it's renewable or whether it's a thermal unit, you will not have to go to the PUC to get a modification of your CCN as long as you're within two miles if it is to build. If it's for load serving purposes––for example, if there's a new manufacturing facility or something else that uses a lot of electricity and you're building transmission lines to that new business––then you will not have to go get a modification of your CCN if you are within three miles of that facility. It also includes language that the renewables wanted. First off, we left the production cost. That will remain as a test for whether or not lines should be built and how they're assessed and ranked in priority. We left the production cost. It will remain in the rules. We added the consumer test, but it includes language that the renewables wanted in that, which will require that that test also take into consideration not only current congestion issues but future congestion issues. And it also requires ERCOT to do a biannual grid reliability study with regard to preparations for extreme whether events.

ZWIENER: So just for legislative intent, I want to clarify. This legislation is adding a consumer test but nothing about adding that strikes the existing production cost test used by PUC and ERCOT. Is that correct?

P. KING: That is correct.

Representative P. King moved to adopt the conference committee report on SB 1281.

The motion to adopt the conference committee report on SB 1281 prevailed by (Record 1778): 137 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Hefner; 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; Martinez; Martinez Fischer; Metcalf; 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; 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; Goldman(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anderson; Dutton; Harless; Hernandez; Meyer; Pacheco; Schofield.

STATEMENTS OF VOTE

When Record No. 1778 was taken, I was in the house but away from my desk. I would have voted yes.

Anderson

When Record No. 1778 was taken, I was in the house but away from my desk. I would have voted yes.

Harless

When Record No. 1778 was taken, I was in the house but away from my desk. I would have voted yes.

Hernandez

When Record No. 1778 was taken, I was in the house but away from my desk. I would have voted yes.

Meyer

When Record No. 1778 was taken, I was in the house but away from my desk. I would have voted yes.

Schofield

REMARKS ORDERED PRINTED

Representative Zwiener moved to print remarks between Representative P. King and Representative Zwiener on SB 1281.

The motion prevailed.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 7).

HB 3752 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Frank submitted the following conference committee report on HB 3752:

Austin, Texas, May 28, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3752 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hancock
Frank
Nichols
Klick
Seliger
Oliverson
Whitmire
Buckley
On the part of the senate
On the part of the house




HB 3752, A bill to be entitled An Act relating to the offering of health benefit coverage by subsidiaries of the Texas Mutual Insurance Company.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 2054.107, Insurance Code, is amended to read as follows:
Sec. 2054.107.  CERTAIN RELATIONSHIPS WITH OTHER INSURERS PROHIBITED. Except as provided by Section 2054.602, the [The] company may not have:
(1)  an affiliate, spin-off, or subsidiary that writes a line of insurance other than workers' compensation insurance; or
(2)  interlocking boards of directors with an insurer that writes a line of insurance other than workers' compensation insurance.
SECTION 2.  Chapter 2054, Insurance Code, is amended by adding Subchapter M to read as follows:
SUBCHAPTER M. SUBSIDIARIES AUTHORIZED TO PROVIDE HEALTH BENEFIT COVERAGE
Sec. 2054.601.  DEFINITION. In this subchapter, "alternative health benefit coverage" means health benefit coverage:
(1)  provided by a subsidiary of the company that is not authorized to engage in the business of insurance in this state;
(2)  offered only to:
(A)  individuals;
(B)  small businesses with not more than 250 full-time equivalent employees; or
(C)  the company's policyholders or their employees; and
(3)  that is not:
(A)  provided through an insurance policy or other product the offering or issuance of which constitutes the business of insurance in this state; or
(B)  benefit coverage subject to the laws governing workers' compensation in this state.
Sec. 2054.602.  HEALTH BENEFIT COVERAGE OFFERED BY SUBSIDIARY AUTHORIZED. (a) The company may create, acquire, or otherwise own or operate one or more subsidiaries that offer accident or health insurance or another type of health benefit coverage or health benefit plan as provided by this subchapter.
(b)  A subsidiary of the company may offer in this state:
(1)  accident or health insurance or another type of health benefit plan authorized under this code, in accordance with a certificate of authority issued to the subsidiary under this code; or
(2)  alternative health benefit coverage as described by Section 2054.601.
(c)  A subsidiary of the company may not offer or issue an occupational policy for an employer or an employer's employees covering an occupational bodily injury, disease, or death that explicitly provides liability coverage to an employer that elects not to maintain workers' compensation insurance coverage under Chapter 406, Labor Code.
(d)  A subsidiary of the company may not offer or issue any policy, plan, or benefit coverage under this section before September 1, 2023. This subsection expires September 1, 2023.
Sec. 2054.603.  CONSIDERATIONS AND GUIDING PRINCIPLES FOR DEVELOPING HEALTH BENEFIT COVERAGE OFFERINGS. (a) In developing health benefit coverage or health benefit plan options to be offered through a subsidiary of the company, the company shall fully explore all health coverage options that may be offered under this subchapter and place emphasis on:
(1)  increasing competition in the health insurance market;
(2)  utilizing innovations that improve the quality of health care while lowering health care costs;
(3)  ensuring adequacy of benefits and access to care for individuals in this state with preexisting conditions;
(4)  issuing coverage in a manner that does not discriminate against individuals with preexisting conditions;
(5)  leveraging federal tax credits that may be available for private health benefit plans to the greatest extent possible to increase the affordability of health benefit plans;
(6)  ensuring transparency and coherence of costs and coverage to inform individuals shopping for health benefits;
(7)  reducing incidences of medical debt faced by individuals in this state and uncompensated care faced by providers in this state; and
(8)  ensuring equitable costs regardless of gender or prospects of pregnancy or childbirth.
(b)  Not later than September 1, 2022, the company shall submit to the legislature a report explaining how any anticipated health benefit coverage offerings would comply with all considerations and guiding principles for developing health benefit coverage offerings under Subsection (a). This subsection expires January 1, 2023.
Sec. 2054.604.  RULES. Except with respect to alternative health benefit coverage as described by Section 2054.601 or a subsidiary of the company offering alternative health benefit coverage, the commissioner may adopt rules as necessary to implement this subchapter.
Sec. 2054.605.  EXEMPTION FROM OTHER INSURANCE LAWS. A provision of this code, other than this chapter, does not apply to alternative health benefit coverage as described by Section 2054.601 unless alternative health benefit coverage is expressly mentioned in the other law.
Sec. 2054.606.  SUBSIDIARY NOT ENGAGED IN BUSINESS OF INSURANCE. Notwithstanding any other provision of this code, for the purposes of offering alternative health benefit coverage as described by Section 2054.601, a subsidiary of the company that acts in accordance with this subchapter is not an insurer and is not engaging in the business of insurance in this state.
Sec. 2054.607.  RISK TRANSFER OR COVERAGE. A subsidiary of the company that offers health benefit coverage under this subchapter may contract with an outside company authorized to engage in the business of insurance in this state that is not under common control with the company or the subsidiary to:
(1)  transfer to the outside company all or a portion of the subsidiary's risks arising from health benefit coverage offered under this subchapter; or
(2)  obtain insurance coverage from the outside company guarantying the subsidiary's obligations arising from health benefit coverage offered under this subchapter.
SECTION 3.  This Act takes effect September 1, 2021.

Representative Frank moved to adopt the conference committee report on HB 3752.

The motion to adopt the conference committee report on HB 3752 prevailed by (Record 1779): 89 Yeas, 53 Nays, 2 Present, not voting.

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

Nays — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Cole; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Lopez; Martinez; Meza; Minjarez; Moody; Morales, C.; Morales Shaw; Neave; Ordaz Perez; Ortega; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Smith; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Guillen; Pacheco.

STATEMENTS OF VOTE

When Record No. 1779 was taken, my vote failed to register. I would have voted yes.

Guillen

When Record No. 1779 was taken, I was shown voting yes. I intended to vote no.

Muñoz

When Record No. 1779 was taken, I was shown voting no. I intended to vote yes.

Smith

HOUSE AT EASE

At 5:23 p.m., the chair announced that the house would stand at ease.

The chair called the house to order at 6:22 p.m.

HR 2093 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2093, suspending the limitations on the conferees for SB 2.

MESSAGES FROM THE SENATE

Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 8 and 9).

(Murr in the chair)

HB 1560 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Goldman submitted the following conference committee report on HB 1560:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1560 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Buckingham
Goldman
Campbell
Canales
Lucio
Cyrier
Paxton
Paddie
Schwertner
S. Thompson
On the part of the senate
On the part of the house




HB 1560, A bill to be entitled An Act relating to the continuation and functions of the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL POWERS AND DUTIES
SECTION 1.01.  Section 51.002, Occupations Code, is amended to read as follows:
Sec. 51.002.  APPLICATION OF SUNSET ACT. [(a)] The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2033 [2021].
[(b)     The review of the commission and department by the Sunset Advisory Commission under this section may not include a review of any program that was transferred to the department on or after September 1, 2016.]
SECTION 1.02.  Section 51.053, Occupations Code, is amended by adding Subsection (c) to read as follows:
(c)  Notwithstanding any other law, a person may be a member of the commission if the person or the person's spouse is registered, certified, or licensed by a regulatory agency in the field of health care.
SECTION 1.03.  Section 51.054, Occupations Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b)  The training program must provide the person with information regarding:
(1)  the law governing [legislation that created the] department operations [and the commission];
(2)  the programs, functions, rules, and budget of [operated by] the department;
(3)  the scope of and limitations on the rulemaking authority of the commission [role and functions of the department];
(4)  [the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
[(5)     the current budget for the department;
[(6)]  the results of the most recent formal audit of the department;
(5) [(7)]  the requirements of:
(A)  laws relating to [the] open meetings, [law, Chapter 551, Government Code;
[(B)     the] public information, [law, Chapter 552, Government Code;
[(C)     the] administrative procedure, and disclosing conflicts of interest [law, Chapter 2001, Government Code]; and
(B) [(D)]  other laws applicable to members of a state policy-making body in performing their duties [relating to public officials, including conflict-of-interest laws]; and
(6) [(8)]  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(d)  The executive director of the department shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 1.04.  Section 51.209, Occupations Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1)  An advisory board shall meet at the call of the executive director or the presiding officer of the commission.
(a-2)  An advisory board may meet by telephone conference call, videoconference, or other similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Sections 551.127(a-3), (b), (c), (e), (f), (h), (i), and (j), Government Code.
SECTION 1.05.  Subchapter D, Chapter 51, Occupations Code, is amended by adding Sections 51.2095 and 51.211 to read as follows:
Sec. 51.2095.  INTERDISCIPLINARY ADVISORY BOARDS. The executive director or the presiding officer of the commission may appoint interdisciplinary advisory boards consisting of members from various businesses, industries, general trades, or occupations to provide expertise related to a program regulated by the department.
Sec. 51.211.  RISK-BASED INSPECTIONS. (a) The department shall conduct risk-based inspections that prioritize inspections based on key risk factors identified by the department, including:
(1)  whether a license holder has previously violated a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director; and
(2)  the number of violations committed by a license holder.
(b)  The department may use alternative inspection methods, including the use of videoconference technology or other methods instead of conducting an in-person inspection, in circumstances the department considers appropriate.
SECTION 1.06.  Section 51.251, Occupations Code, is amended by adding Subsection (c) to read as follows:
(c)  The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.
SECTION 1.07.  Section 51.252, Occupations Code, is amended by amending Subsections (a) and (c) and adding Subsection (b-2) to read as follows:
(a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department. The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition [The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department. The department shall provide to the person filing the complaint and to each person who is a subject of the complaint information about the department's policies and procedures relating to complaint investigation and resolution].
(b-2)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department [, at least quarterly and until final disposition of the complaint,] shall periodically notify the [person filing the] complaint parties [and each person who is a subject of the complaint] of the status of the complaint until final disposition [investigation] unless the notice would jeopardize an [undercover] investigation.
SECTION 1.08.  Subchapter E, Chapter 51, Occupations Code, is amended by adding Sections 51.2521 and 51.255 to read as follows:
Sec. 51.2521.  COMPLAINT INVESTIGATION. (a) The department shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint.
(b)  If the department determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the department shall dismiss the complaint.
Sec. 51.255.  STATISTICAL ANALYSIS OF COMPLAINTS. (a) The department shall make available on the department's Internet website a statistical analysis of the complaints received by the department.
(b)  The analysis under this section must include aggregate information on the number, source, type, and disposition of complaints received during the preceding state fiscal year and must include, as applicable, the following information for each program regulated by the department:
(1)  the number of license holders;
(2)  the number of complaints received against license holders;
(3)  the number of complaints resolved and the manner in which they were resolved, including:
(A)  the number of complaints dismissed and the reasons for dismissal;
(B)  the number of contested cases referred to and heard by the State Office of Administrative Hearings;
(C)  the number of cases appealed to a district court;
(D)  the number of complaints resulting in disciplinary action, the disciplinary action taken, and whether the disciplinary action was imposed by an agreed settlement or default order issued by the executive director or a final order issued by the commission;
(E)  a breakdown of the nature of the alleged violations in:
(i)  complaints opened for investigation; and
(ii)  cases that resulted in disciplinary action; and
(F)  the number of complaints resolved, categorized by whether the complaint originated from department staff or from the public;
(4)  the average time required to resolve a complaint;
(5)  the average amount of administrative penalties assessed; and
(6)  the number and amount of refunds ordered by the commission or executive director or obtained through an informal resolution.
SECTION 1.09.  Section 51.351, Occupations Code, is amended by adding Subsection (e) to read as follows:
(e)  The department may take action under Section 51.353 for a violation identified during an inspection.
SECTION 1.10.  Subchapter G, Chapter 51, Occupations Code, is amended by adding Section 51.359 to read as follows:
Sec. 51.359.  REFUND. (a) Subject to Subsection (b), the commission or executive director may order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalty or sanction.
(b)  The amount of a refund ordered may not exceed the amount the consumer paid to the license holder for a service regulated by the department. The commission or executive director may not require payment of other damages or estimate harm in a refund order.
SECTION 1.11.  Section 51.4012(a), Occupations Code, is amended to read as follows:
(a)  Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history [or other information that indicates that the person lacks the honesty, trustworthiness, and integrity to hold a license issued by the department].
SECTION 1.12.  Section 51.405, Occupations Code, is amended to read as follows:
Sec. 51.405.  CONTINUING EDUCATION. (a) The department [commission] shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the commission to keep the person's license.
(b)  Notwithstanding other law, the commission by rule may:
(1)  establish a minimum number of hours of continuing education required for license renewal;
(2)  provide for the registration and renewal of continuing education providers and the approval of continuing education courses; and
(3)  assess reasonable and necessary fees on continuing education providers.
(c)  In adopting rules under this section for a program regulated by the department, the commission shall consult, if applicable, with the advisory board established for the program.
SECTION 1.13.  Subchapter H, Chapter 51, Occupations Code, is amended by adding Section 51.409 to read as follows:
Sec. 51.409.  FINANCIAL DISCLOSURE STATEMENT. (a) The commission by rule may require a person, other than an individual, applying for a license issued by the department to submit with the license application a financial disclosure statement. The rules may require any of the following information to be disclosed based on the type of license for which the application is submitted:
(1)  the name of the applicable business entity;
(2)  the name of each person who has a direct financial investment in the business;
(3)  the name of each person, other than an individual, who:
(A)  has a financial investment in the business; and
(B)  is not otherwise disclosed under Subdivision (2);
(4)  the total amount or percentage of the financial investment made by each person described by Subdivision (2); and
(5)  the name of each of the following persons associated with the business, if the person is not otherwise disclosed under Subdivision (2) or (3):
(A)  a partner;
(B)  an officer;
(C)  a director;
(D)  a managing employee;
(E)  an owner or person who controls the owner; and
(F)  a person who acts as a controlling person of the business through the exercise of direct or indirect influence or control over the management of the business, the expenditure of money by the business, or a policy of the business, including:
(i)  any management company, landlord, marketing company, or similar person who operates or contracts for the operation of the business and, if the business is a publicly traded corporation or is controlled by a publicly traded corporation, any officer or director of the corporation;
(ii)  an individual who has a personal, familial, or other relationship with an owner, manager, landlord, tenant, or provider of a business that allows the individual to exercise actual control of the business; and
(iii)  any other person the commission by rule requires to be included based on the person's exercise of direct or indirect influence or control other than a shareholder or lender of the corporation.
(b)  The department may deny an application for the issuance or renewal of a license or may suspend or revoke a license on the grounds that an applicant or license holder:
(1)  fails to disclose a relationship for which disclosure is required by rules adopted under this section; or
(2)  discloses a relationship for which disclosure is required by rules adopted under this section with a person whose license was revoked or who has failed to comply with an order of the commission or executive director.
SECTION 1.14.  Section 202.505, Occupations Code, is amended to read as follows:
Sec. 202.505.  REEXAMINATION IF LICENSE SUSPENDED OR REVOKED. The department may refuse to reinstate a license or to issue a new license until a podiatrist has passed the regular license examination if the commission or executive director suspended or revoked the license for:
(1)  failure to satisfy continuing education requirements [under Section 202.305]; or
(2)  nonpayment of the license renewal fee.
SECTION 1.15.  Section 402.207(c), Occupations Code, is amended to read as follows:
(c)  An apprentice permit holder shall work under the supervision of a license holder for at least one year. [During the apprentice year, the apprentice permit holder shall complete 20 hours of classroom continuing education as required by Section 402.303 for a license holder.]
SECTION 1.16.  Section 402.305, Occupations Code, is amended to read as follows:
Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS. The department may renew the license of a license holder who does not comply with the applicable continuing education requirements [of Section 402.303 or 402.304] if the license holder:
(1)  was licensed for the first time during the 24 months before the reporting date; or
(2)  submits proof from an attending physician that the license holder suffered a serious or disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the reporting date.
SECTION 1.17.  Section 802.062(b), Occupations Code, is amended to read as follows:
(b)  An [The] inspection by the department must be conducted during the facility's normal business hours, and the licensed breeder or a representative of the licensed breeder must be given a reasonable opportunity to be present during the inspection.
SECTION 1.18.  Section 1151.1581, Occupations Code, is amended to read as follows:
Sec. 1151.1581.  CONTINUING EDUCATION. (a) [The commission shall recognize, prepare, or administer continuing education programs for registrants under this chapter.
[(b)]  The comptroller must review and approve any [all] continuing education programs for registrants.
(b) [(c)     A registrant must participate in the programs to the extent required by the department to keep the person's certificate of registration.
[(d)     The commission may set fees for continuing education courses and providers of continuing education courses in amounts reasonable and necessary to cover the department's costs in administering the department's duties under this section.
[(e)]  The comptroller may set fees for any continuing education courses and providers of continuing education courses in amounts reasonable and necessary to cover the comptroller's costs in administering the comptroller's duties under this section.
(c) [(f)]  As part of the continuing education requirements for a registered professional appraiser who is the chief appraiser of an appraisal district, the commission by rule shall require the registrant to complete:
(1)  at least half of the required hours in a program devoted to one or more of the topics listed in Section 1151.164(b); and
(2)  at least two of the required hours in a program of professional ethics specific to the chief appraiser of an appraisal district, including a program on the importance of maintaining the independence of an appraisal office from political pressure.
SECTION 1.19.  Section 1152.106, Occupations Code, is amended to read as follows:
Sec. 1152.106.  [MEETINGS;] VOTE REQUIRED FOR ACTION. [(a) The council shall meet at least semiannually at the call of the presiding officer or at the call of a majority of its members.
[(b)]  A decision of the council is not effective unless it receives the affirmative vote of at least four members.
SECTION 1.20.  Section 1953.106, Occupations Code, is amended to read as follows:
Sec. 1953.106.  RENEWAL OF CERTIFICATE. [(a)] To renew a certificate of registration under this chapter, a professional sanitarian must:
(1)  pay to the department a renewal fee prescribed by the commission by rule; and
(2)  provide proof of completion of any applicable continuing education requirements prescribed by the commission by rule.
SECTION 1.21.  Section 1958.104, Occupations Code, is amended to read as follows:
Sec. 1958.104.  RULES REGARDING LICENSE APPLICATION. The commission shall adopt rules regarding a license application. The commission shall adopt rules that establish minimum requirements for a license, including:
(1)  the type of license;
(2)  the qualifications for the license, including any previous training required under Section 1958.106;
(3)  renewal requirements for the license[, including ongoing continuing education required under Section 1958.106]; and
(4)  liability insurance requirements for the license.
SECTION 1.22.  Section 1958.106, Occupations Code, is amended to read as follows:
Sec. 1958.106.  TRAINING [; CONTINUING EDUCATION]. (a) The commission shall adopt rules regarding training required under this chapter [and continuing education required for a license holder under this chapter].
(b)  The rules may include requirements regarding training [and continuing education] providers, including rules establishing:
(1)  accreditation by the department;
(2)  curriculum requirements; and
(3)  qualifications.
SECTION 1.23.  Section 2308.157, Occupations Code, is amended to read as follows:
Sec. 2308.157.  REQUIREMENT FOR INITIAL RENEWAL OF INCIDENT MANAGEMENT TOWING OPERATOR'S LICENSE [CONTINUING EDUCATION]. [(a) The commission by rule shall recognize, prepare, or administer continuing education programs for license holders. Except as provided by Subsection (c), each license holder must complete a continuing education program before the license holder may renew the license holder's license.
[(b)     A person recognized by the commission to offer a continuing education program must:
[(1)     register with the department; and
[(2)     comply with rules adopted by the commission relating to continuing education.
[(c)]  To renew an incident management towing operator's license the first time, a license holder must complete a professional development course relating to incident management towing that is approved and administered by the department [under this section].
SECTION 1.24.  Section 2308.159(c), Occupations Code, is amended to read as follows:
(c)  A license holder may renew a license issued under this chapter by:
(1)  submitting an application on a form prescribed by the executive director;
(2)  submitting evidence demonstrating compliance with the requirements for the license type as required by this chapter or commission rule;
(3)  paying a renewal fee; and
(4)  completing any applicable continuing education requirements [as required by Section 2308.157].
SECTION 1.25.  The following provisions are repealed:
(1)  Section 1001.058(h), Education Code;
(2)  Section 469.053(e), Government Code;
(3)  Section 754.012(d), Health and Safety Code;
(4)  Section 754.0174, Health and Safety Code;
(5)  Section 755.016, Health and Safety Code;
(6)  Section 51.0021, Occupations Code;
(7)  Section 51.252(d), Occupations Code;
(8)  Section 202.305, Occupations Code;
(9)  Section 202.5085, Occupations Code;
(10)  Section 203.304, Occupations Code;
(11)  Section 203.406, Occupations Code;
(12)  Section 401.355, Occupations Code;
(13)  Section 402.303, Occupations Code;
(14)  Section 403.152, Occupations Code;
(15)  Section 455.0571, Occupations Code;
(16)  Section 506.105, Occupations Code;
(17)  Section 605.261, Occupations Code;
(18)  Section 701.303, Occupations Code;
(19)  Section 701.512, Occupations Code;
(20)  Section 802.065(e), Occupations Code;
(21)  Section 1302.208(a), Occupations Code;
(22)  Section 1305.055, Occupations Code;
(23)  Section 1305.168, Occupations Code;
(24)  Section 1901.107(a), Occupations Code;
(25)  Section 1952.1051, Occupations Code;
(26)  Section 1958.056(b), Occupations Code;
(27)  Section 2303.056(b), Occupations Code;
(28)  Section 2308.055, Occupations Code;
(29)  Section 2309.056, Occupations Code; and
(30)  Section 2309.106(a), Occupations Code.
SECTION 1.26.  (a) Except as provided by Subsection (b) of this section, Section 51.054, Occupations Code, as amended by this article, applies to a member of the Texas Commission of Licensing and Regulation appointed before, on, or after the effective date of this Act.
(b)  A member of the Texas Commission of Licensing and Regulation who, before the effective date of this Act, completed the training program required by Section 51.054, Occupations Code, as that law existed before the effective date of this Act, is only required to complete additional training on the subjects added by this article to the training program required by Section 51.054, Occupations Code. A member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission held on or after December 1, 2021, until the member completes the additional training.
ARTICLE 2. DEREGULATION
SECTION 2.01.  The following provisions of the Occupations Code are repealed:
(1)  Chapter 1703; and
(2)  Section 2052.002(11-a).
SECTION 2.02.  Section 54.0405(d), Family Code, is amended to read as follows:
(d)  A polygraph examination required as a condition of probation under Subsection (a) must be administered by an individual who is [:
[(1)]  specified by the local juvenile probation department supervising the child [; and
[(2)     licensed as a polygraph examiner under Chapter 1703, Occupations Code].
SECTION 2.03.  Sections 411.0074(c) and (d), Government Code, are amended to read as follows:
(c)  The polygraph examination required by this section may only be administered by a polygraph examiner [licensed under Chapter 1703, Occupations Code,] who:
(1)  is a peace officer commissioned by the department; or
(2)  has a minimum of two years of experience conducting preemployment polygraph examinations for a law enforcement agency.
(d)  The department and the polygraph examiner shall maintain the confidentiality of the results of a polygraph examination administered under this section, except that [:
[(1)     the department and the polygraph examiner may disclose the results in accordance with Section 1703.306, Occupations Code; and
[(2)     notwithstanding Section 1703.306, Occupations Code,] the department may disclose any admission of criminal conduct made during the course of an examination to another appropriate governmental entity.
SECTION 2.04.  Section 245.053(d), Human Resources Code, is amended to read as follows:
(d)  A polygraph examination required as a condition of release under Subsection (a) must be administered by an individual who is [:
[(1)]  specified by the department [; and
[(2)     licensed as a polygraph examiner under Chapter 1703, Occupations Code].
SECTION 2.05.  Section 2052.107, Occupations Code, is amended to read as follows:
Sec. 2052.107.  OTHER COMBATIVE SPORTS LICENSES. Unless a person holds a license or registration issued under this chapter, the person may not act as a combative sports:
(1)  professional contestant;
(2)  manager of a professional contestant;
(3)  referee; or
(4)  judge [;
[(5)     second;
[(6)     matchmaker; or
[(7)     event coordinator].
SECTION 2.06.  On the effective date of this Act, the Polygraph Advisory Committee is abolished.
SECTION 2.07.  On the effective date of this Act, a pending regulatory action, including a complaint investigation, disciplinary action, or administrative penalty proceeding, of the Texas Department of Licensing and Regulation with respect to a license, permit, or certification issued under a law repealed by this article, is terminated.
SECTION 2.08.  On the effective date of this Act, a license, permit, or certification issued under a law repealed by this article expires.
SECTION 2.09.  Not later than January 1, 2023, the Texas Department of Licensing and Regulation, in consultation with the Auctioneer Advisory Board, shall study the regulation of auctioneering and prepare a report with any findings and recommendations to improve public safety and the department's processes and to eliminate inefficiencies, including any necessary legislative changes. In conducting the study, the department may consult with any interested organizations, associations, and stakeholders. The department shall submit the report to the standing legislative committees with jurisdiction over the department.
ARTICLE 3. BARBERING AND COSMETOLOGY
SECTION 3.01.  Section 1603.001, Occupations Code, is amended to read as follows:
Sec. 1603.001.  GENERAL DEFINITIONS. [(a)] In this chapter:
(1)  "Advisory board" means the Barbering and Cosmetology Advisory Board.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3) [(2)]  "Department" means the Texas Department of Licensing and Regulation.
(4)  "Establishment" means a place:
(A)  in which barbering or cosmetology is practiced; and
(B)  that is required to hold a license issued under Subchapter E-2.
(5) [(3)]  "Executive director" means the executive director of the department.
(6)  "Manager" means the person who controls or directs the business of an establishment or directs the work of a person employed in an establishment.
(7)  "School" means a public secondary school, public postsecondary school, or private postsecondary school:
(A)  in which barbering or cosmetology is taught; and
(B)  that is required to hold a license issued under Subchapter E-3.
[(b)     Unless the context clearly indicates otherwise, the definitions in Chapters 1601 and 1602 apply to this chapter.]
SECTION 3.02.  Subchapter A, Chapter 1603, Occupations Code, is amended by adding Sections 1603.0011, 1603.0012, and 1603.0013 to read as follows:
Sec. 1603.0011.  PRACTICE OF BARBERING OR COSMETOLOGY. (a) The practices of barbering and cosmetology consist of performing or offering to perform for compensation any of the following services:
(1)  treating a person's hair by:
(A)  providing any method of treatment as a primary service, including arranging, beautifying, bleaching, cleansing, coloring, cutting, dressing, dyeing, processing, shaping, singeing, straightening, styling, tinting, or waving;
(B)  providing a necessary service that is preparatory or ancillary to a service under Paragraph (A), including bobbing, clipping, cutting, or trimming a person's hair or shaving a person's neck with a safety razor; or
(C)  cutting the person's hair as a separate and independent service for which a charge is directly or indirectly made separately from charges for any other service;
(2)  treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, trimming, or shaving with a safety razor;
(3)  cleansing, stimulating, or massaging a person's scalp, face, neck, shoulders, or arms:
(A)  by hand or by using a device, apparatus, or appliance; and
(B)  with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;
(4)  beautifying a person's face, neck, shoulders, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;
(5)  administering facial treatments;
(6)  removing superfluous hair from a person's body using depilatories, preparations or chemicals, tweezers, or other devices or appliances of any kind or description;
(7)  treating a person's nails by:
(A)  cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or pedicuring; or
(B)  attaching false nails;
(8)  massaging, cleansing, treating, or beautifying a person's hands or feet; or
(9)  weaving a person's hair by using any method to attach commercial hair to a person's hair or scalp.
(b)  In addition to the services described by Subsection (a), the practice of barbering includes performing or offering to perform for compensation the service of shaving a person's face, neck, mustache, or beard with a razor of any type.
(c)  In addition to the services described by Subsection (a), the practice of cosmetology includes performing or offering to perform for compensation the service of applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes.
(d)  Advertising or representing to the public in any manner that a person is licensed to perform a barbering or cosmetology service under this chapter, or that a location or place of business is an establishment or school, constitutes the practice of barbering or cosmetology.
(e)  In this section, "safety razor" means a razor that is fitted with a guard close to the cutting edge of the razor that is intended to:
(1)  prevent the razor from cutting too deeply; and
(2)  reduce the risk and incidence of accidental cuts.
Sec. 1603.0012.  SERVICES NOT CONSTITUTING BARBERING OR COSMETOLOGY. Barbering and cosmetology do not include:
(1)  threading, which involves removing unwanted hair from a person by using a piece of thread that is looped around the hair and pulled to remove the hair and includes the incidental trimming of eyebrow hair; or
(2)  servicing a person's wig, toupee, or artificial hairpiece on a person's head or on a block after the initial retail sale in any manner described by Section 1603.0011(a)(1).
Sec. 1603.0013.  APPLICATION OF CHAPTER. This chapter does not apply to a person who:
(1)  does not represent or advertise to the public directly or indirectly that the person is authorized by the department to practice barbering or cosmetology and the person is:
(A)  licensed in this state to practice medicine, dentistry, podiatry, chiropractic, or nursing and operating within the scope of the person's license;
(B)  a commissioned or authorized medical or surgical officer of the United States armed forces; or
(C)  an inmate in the institutional division of the Texas Department of Criminal Justice who performs barbering or cosmetology during the person's incarceration;
(2)  provides a service in an emergency;
(3)  is in the business of or receives compensation for makeup applications only;
(4)  provides a cosmetic service as a volunteer or an employee performing regular duties at a licensed nursing or convalescent custodial or personal care home to a patient residing in the home;
(5)  owns, operates, or manages a licensed nursing or convalescent custodial or personal care home that allows a person with an operator license to perform cosmetic services for patients residing in the home on an occasional but not daily basis;
(6)  provides an incidental cosmetic service, or owns, operates, or manages the location where that service is provided, if the primary purpose of the service is to enable or assist the recipient of the service to participate as the subject of:
(A)  a photographic sitting at a permanent establishment that charges a fee exclusively for a photographic sitting;
(B)  a television appearance; or
(C)  the filming of a motion picture; or
(7)  performs only natural hair braiding, including braiding a person's hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair by braiding and without the use of chemicals or adhesives.
SECTION 3.03.  Section 1603.002, Occupations Code, is amended to read as follows:
Sec. 1603.002.  REGULATION OF BARBERING AND COSMETOLOGY BY DEPARTMENT OF LICENSING AND REGULATION. The department shall administer this chapter. This chapter [and Chapters 1601 and 1602. A reference in this chapter to the commission's or department's powers or duties applies only in relation to those chapters, except that this section] does not limit the department's or commission's general powers under Chapter 51.
SECTION 3.04.  Subchapter B, Chapter 1603, Occupations Code, is amended to read as follows:
SUBCHAPTER B. [ADVISORY BOARDS FOR] BARBERING AND COSMETOLOGY ADVISORY BOARD
Sec. 1603.051.  ADVISORY BOARD; MEMBERSHIP. The Barbering and Cosmetology Advisory Board consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows:
(1)  four members who each hold an individual practitioner license under Subchapter E-1, including:
(A)  at least one holder of a Class A barber license; and
(B)  at least one holder of a cosmetology operator license;
(2)  two members who each hold an establishment license;
(3)  two members who each hold a school license; and
(4)  one member who represents the public.
Sec. 1603.052.  DUTIES OF ADVISORY BOARD. (a) The advisory board [boards established under Chapters 1601 and 1602] shall advise the commission and the department on:
(1)  education and curricula for applicants;
(2)  the content of examinations;
(3)  proposed rules and standards on technical issues related to barbering and cosmetology; and
(4)  other issues affecting [administering this chapter and Chapters 1601   and 1602 regarding] barbering and [or] cosmetology[, as applicable].
(b)  The advisory board shall respond to questions from the commission and the department regarding barbering and cosmetology.
Sec. 1603.053.  TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.
Sec. 1603.054.  PRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as the presiding officer of the advisory board for a term of two years.
SECTION 3.05.  Section 1603.101, Occupations Code, is amended to read as follows:
Sec. 1603.101.  RULES. The commission shall adopt rules consistent with this chapter for[:
[(1)]  the administration of this chapter and the operations of the department in regulating barbering and cosmetology[; and
[(2)     the administration of Chapters 1601 and 1602].
SECTION 3.06.  Section 1603.103(a), Occupations Code, is amended to read as follows:
(a)  Until the department determines, by inspection, that the person has established the school in compliance with this chapter, [Chapter 1601, or Chapter 1602,] a person may not operate a school licensed [or permitted] under this chapter[, Chapter 1601, or Chapter 1602].
SECTION 3.07.  The heading to Section 1603.104, Occupations Code, is amended to read as follows:
Sec. 1603.104.  [PERIODIC] INSPECTIONS.
SECTION 3.08.  Sections 1603.104(a) and (d), Occupations Code, are amended to read as follows:
(a)  The department may enter and inspect at any time during business hours:
(1)  the place of business of any person regulated under this chapter[, Chapter 1601, or Chapter 1602]; or
(2)  any place in which the department has reasonable cause to believe that a [certificate,] license[,] or permit holder is practicing in violation of this chapter[, Chapter 1601, or Chapter 1602] or in violation of a rule or order of the commission or executive director.
(d)  An inspector who discovers a violation of this chapter[, Chapter 1601, or Chapter 1602] or of a rule or order of the commission or executive director shall[:
[(1)]  provide written notice of the violation to the license[, certificate,] or permit holder on a form prescribed by the department[; and
[(2)     file a complaint with the executive director].
SECTION 3.09.  Section 1603.1045, Occupations Code, is amended to read as follows:
Sec. 1603.1045.  CONTRACT TO PERFORM INSPECTIONS. The department may contract with a person to perform for the department inspections of a school or establishment [, shop, or other facility under this chapter, Chapter 1601, or Chapter 1602].
SECTION 3.10.  Subchapter C, Chapter 1603, Occupations Code, is amended by adding Section 1603.106 to read as follows:
Sec. 1603.106.  CERTAIN BUILDING AND FACILITY STANDARDS PROHIBITED. The commission may not establish building or facility standards for a school that are not related to health and safety, including a requirement that a building or facility of the school have a specific:
(1)  square footage of floor space;
(2)  number of chairs; or
(3)  number of sinks.
SECTION 3.11.  Section 1603.151, Occupations Code, is amended to read as follows:
Sec. 1603.151.  NOTIFICATION OF PUBLIC INTEREST INFORMATION AND PARTICIPATION. The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding barbering and cosmetology. The department may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated under this chapter[, Chapter 1601, or Chapter 1602];
(2)  on a sign prominently displayed in the place of business of each person regulated under this chapter[, Chapter 1601, or Chapter 1602]; or
(3)  in a bill for service provided by a person regulated under this chapter[, Chapter 1601, or Chapter 1602].
SECTION 3.12.  The heading to Subchapter E, Chapter 1603, Occupations Code, is amended to read as follows:
SUBCHAPTER E. GENERAL [CERTIFICATE,] LICENSE[,] AND PERMIT
PROVISIONS [REQUIREMENTS]
SECTION 3.13.  Subchapter E, Chapter 1603, Occupations Code, is amended by adding Section 1603.2001 to read as follows:
Sec. 1603.2001.  RULES FOR ISSUANCE OF LICENSE OR PERMIT. (a) The commission by rule shall establish requirements for the issuance of:
(1)  a license for an individual practitioner, establishment, or school; and
(2)  a student permit.
(b)  Requirements established by the commission under Subsection (a) for an individual practitioner may include requirements regarding an applicant's:
(1)  minimum age;
(2)  education level; and
(3)  completed hours of instruction.
(c)  In establishing a requirement under this section for the issuance of a license, the commission shall consider whether the requirement is the least restrictive requirement possible to ensure public safety without creating a barrier to entry into the licensed occupation.
(d)  Requirements established under this section:
(1)  for an individual practitioner specialty license may not be more stringent than requirements for a Class A barber license or a cosmetology operator license; and
(2)  for a specialty establishment license may not be more stringent than requirements for an establishment license.
(e)  The commission shall establish standardized requirements within license categories.
SECTION 3.14.  Sections 1603.201 and 1603.202, Occupations Code, are amended to read as follows:
Sec. 1603.201.  APPLICATION FORM. An application for a [certificate,] license[,] or permit under this chapter must be made on a form prescribed [and provided] by the department.
Sec. 1603.202.  DUPLICATE [CERTIFICATE,] LICENSE[,] OR PERMIT. The department shall issue a duplicate [certificate,] license[,] or permit to an applicant who:
(1)  submits an application for a duplicate [certificate,] license[,] or permit to the department; and
(2)  pays the required fee.
SECTION 3.15.  Subchapter E, Chapter 1603, Occupations Code, is amended by adding Section 1603.2025 to read as follows:
Sec. 1603.2025.  TEMPORARY LICENSE. (a) The department may issue a temporary license.
(b)  The commission by rule may establish requirements for the issuance of a temporary license.
(c)  A temporary license expires on the 60th day after the date the license is issued. A temporary license may not be renewed.
SECTION 3.16.  Sections 1603.203 and 1603.204, Occupations Code, are amended to read as follows:
Sec. 1603.203.  PROVISIONAL [CERTIFICATE OR] LICENSE. (a) The department may issue a provisional [certificate or] license to an applicant currently licensed in another jurisdiction who seeks a [certificate or] license in this state and who:
(1)  has been licensed in good standing in the profession for which the person seeks the [certificate or] license for at least two years in another jurisdiction, including a foreign country, that has requirements substantially equivalent to the requirements of this chapter [, Chapter 1601, or Chapter 1602, as appropriate]; and
(2)  has passed a national or other examination recognized by the department [commission] relating to the practice of that profession.
(b)  A provisional [certificate or] license is valid until the date the department approves or denies the provisional [certificate or] license holder's application. The department shall issue a [certificate or] license to the provisional [certificate or] license holder if:
(1)  the provisional [certificate or] license holder is eligible to hold a [certificate or] license under this chapter [Chapter 1601 or Chapter 1602]; or
(2)  the provisional [certificate or] license holder passes the part of the examination [under Chapter 1601 or Chapter 1602] that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of the profession in this state and:
(A)  the department verifies that the provisional [certificate or] license holder meets the education [academic] and experience requirements for the [certificate or] license; and
(B)  the provisional [certificate or] license holder satisfies any other [certificate or] license requirements.
(c)  The department must approve or deny a provisional [certificate or] license holder's application for a [certificate or] license not later than the 180th day after the date the provisional [certificate or] license is issued. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.
Sec. 1603.204.  SUBSTANTIALLY EQUIVALENT [RECIPROCAL CERTIFICATE,] LICENSE[, OR PERMIT]. (a) A person who holds a license[, certificate, or permit] to practice barbering or cosmetology from another state or country that has standards or work experience requirements that are substantially equivalent to the requirements of this chapter [, Chapter 1601, or Chapter 1602] may apply for a license[, certificate, or permit] to perform the same acts of barbering or cosmetology in this state that the person practiced in the other state or country.
(b)  The person must:
(1)  submit an application for the license[, certificate, or permit] to the department; and
(2)  pay fees in an amount prescribed by the commission, including any applicable license[, certificate, or permit] fee.
(c)  A person issued a license[, certificate, or permit] under this section:
(1)  may perform the acts of barbering or cosmetology authorized by [stated on] the license[, certificate, or permit]; and
(2)  is subject to the renewal procedures and fees provided in this chapter [, Chapter 1601, or Chapter 1602] for the performance of those acts of barbering or cosmetology.
SECTION 3.17.  Sections 1603.208(a)(2) and (3), Occupations Code, are amended to read as follows:
(2)  "Digitally prearranged remote service" means a barbering or cosmetology service performed for compensation by a person holding a license[, certificate of registration, or permit] under Subchapter E-1 [Chapter 1601 or 1602   or this chapter] that is:
(A)  prearranged through a digital network; and
(B)  performed at a location other than an establishment [a place of business that is] licensed [or permitted] under Subchapter E-2 [Chapter 1601 or 1602 or this chapter].
(3)  "Remote service business" means a corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a client to schedule a digitally prearranged remote service with a person holding a license[, certificate of registration, or permit] under Subchapter E-1 [Chapter 1601 or 1602 or this chapter].
SECTION 3.18.  Sections 1603.208(c), (d), (f), (g), and (i), Occupations Code, are amended to read as follows:
(c)  Sections 1603.2108 and 1603.2109 [1601.453, 1601.455, 1602.251(c), and 1602.407] do not apply to a digitally prearranged remote service scheduled through a remote service business.
(d)  A person who holds a license[, certificate of registration, or permit] to practice barbering or cosmetology and who performs a digitally prearranged remote service shall:
(1)  comply with this section and the rules adopted under this section; and
(2)  practice within the scope of the person's license[, certificate of registration, or permit].
(f)  Before a person licensed[, registered, or permitted] to practice barbering or cosmetology performs a digitally prearranged remote service for a client requesting the service, a remote service business must [shall] provide through the entity's digital network:
(1)  the following information regarding the person who will perform the service:
(A)  the person's first and last name;
(B)  the [number of the] person's license number[, certificate of registration, or permit, as applicable]; and
(C)  a photograph of the person;
(2)  the following information regarding the business:
(A)  Internet website address; and
(B)  telephone number; and
(3)  the department's Internet website address and telephone number and notice that the client may contact the department to file a complaint against the business or person.
(g)  Within a reasonable time after completion of a digitally prearranged remote service, the remote service business shall issue to the client who requested the service a receipt that includes:
(1)  the date the service was provided;
(2)  a description of the service;
(3)  the first and last name of the person who performed the service;
(4)  the [number of the] person's license number[, certificate of registration, or permit, as applicable];
(5)  the following information regarding the business:
(A)  Internet website address; and
(B)  telephone number; and
(6)  the department's Internet website address and telephone number and notice that the client may contact the department to file a complaint against the business or person.
(i)  A remote service business shall terminate a person's access to the business's digital network if the business or department determines the person violated:
(1)  this chapter; or
(2)  a rule adopted under this chapter[;
[(3)     Chapter 1601 or 1602; or
[(4)     a rule adopted under Chapter 1601 or 1602].
SECTION 3.19.  Subchapter E, Chapter 1603, Occupations Code, is amended by adding Section 1603.209 to read as follows:
Sec. 1603.209.  INFECTIOUS AND CONTAGIOUS DISEASES. (a) A person holding a license or permit issued under Subchapter E-1 may not perform any practice of barbering or cosmetology if the person knows the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
(b)  A person holding an establishment or school license may not employ a person to perform any practice of barbering or cosmetology or to instruct in the practice of barbering or cosmetology if the license holder knows that the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
SECTION 3.20.  Chapter 1603, Occupations Code, is amended by adding Subchapters E-1, E-2, and E-3 to read as follows:
SUBCHAPTER E-1. INDIVIDUAL PRACTITIONER LICENSES; STUDENT PERMIT; PRACTICE
Sec. 1603.2101.  INDIVIDUAL PRACTITIONER LICENSE OR STUDENT PERMIT REQUIRED; USE OF CERTAIN TERMS WITHOUT LICENSE PROHIBITED. (a) A person may not perform or offer or attempt to perform any act of barbering or cosmetology unless the person holds a license or permit issued under this subchapter to perform that act.
(b)  Unless the person holds an appropriate license issued under this subchapter, a person may not directly or indirectly use or cause to be used as a professional or business identification, title, name, representation, asset, or means of advantage or benefit:
(1)  the term "barber" or "barbering";
(2)  the term "cosmetologist" or "cosmetology"; or
(3)  any combination, variation, or abbreviation of the terms listed in Subdivisions (1) and (2).
Sec. 1603.2102.  ISSUANCE OF INDIVIDUAL PRACTITIONER LICENSE. The department shall issue an individual practitioner license to an applicant who:
(1)  meets the applicable eligibility requirements;
(2)  passes the applicable examination;
(3)  pays the required fee;
(4)  has not committed an act that constitutes a ground for denial of the license; and
(5)  submits an application on a form prescribed by the department.
Sec. 1603.2103.  INDIVIDUAL PRACTITIONER LICENSES. (a) A person holding:
(1)  a Class A barber license may perform any barbering service;
(2)  a cosmetology operator license may perform any cosmetology service;
(3)  a manicurist license may perform any service described by Section 1603.0011(a)(7) or (8);
(4)  an esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), or (6) or (c);
(5)  a manicurist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), (7), or (8) or (c);
(6)  a hair weaving specialist license may perform any service described by Section 1603.0011(a)(9);
(7)  a hair weaving specialist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), or (9) or (c); and
(8)  an eyelash extension specialist license may perform any service described by Section 1603.0011(c).
(b)  The commission by rule shall provide for the issuance of:
(1)  a Class A barber license to a person who holds a cosmetology operator license; and
(2)  a cosmetology operator license to a person who holds a Class A barber license.
Sec. 1603.2104.  WAIVER OF CERTAIN LICENSE REQUIREMENTS. (a) The department may waive any requirement for a license issued under this subchapter for an applicant holding a license from another jurisdiction that has license requirements substantially equivalent to those of this state.
(b)  The department shall issue a license to an applicant under Subsection (a) if the applicant:
(1)  submits an application on a form prescribed by the department;
(2)  pays the application fee; and
(3)  provides proof that the applicant holds a current license to engage in the same or a similar activity issued by another jurisdiction that has license requirements substantially equivalent to those of this state.
(c)  The department may not require a personal interview as part of the application process under this section.
(d)  A license issued under this section may be renewed as provided by Subchapter G.
Sec. 1603.2105.  STUDENT PERMIT. (a) A student enrolled in a school licensed under Subchapter E-3 must hold a permit stating the student's name and the name of the school.
(b)  The department shall issue a student permit to an applicant who submits an application to the department for a student permit accompanied by the required fee.
(c)  A separate application is required for each enrollment. The application fee applies only to the first enrollment. The department may not charge the application fee for any later enrollment.
Sec. 1603.2106.  TRANSFER OF LICENSE OR PERMIT PROHIBITED. A license or permit issued under this subchapter is not transferable.
Sec. 1603.2107.  DISPLAY OF LICENSE OR PERMIT. (a) The holder of a license issued under this subchapter shall:
(1)  display the original license and an attached photograph of the license holder in a conspicuous place near the license holder's work chair in the establishment in which the holder is working; or
(2)  make available at the reception desk of the establishment in which the holder is working, in the manner prescribed by the department:
(A)  the original license and an attached photograph of the license holder; or
(B)  a digital image of the license and photograph of the license holder.
(b)  The holder of a student permit issued under this subchapter shall display the permit in a reasonable manner at the school in which the permit holder is enrolled.
Sec. 1603.2108.  LOCATION OF PRACTICE. A person holding a license or permit issued under this subchapter may practice barbering or cosmetology only at a licensed establishment or school.
Sec. 1603.2109.  SERVICE AT UNLICENSED LOCATION. (a) In this section, "licensed facility" means:
(1)  an establishment licensed under Subchapter E-2; or
(2)  a school licensed under Subchapter E-3.
(b)  A person holding a license under this subchapter may perform a service within the scope of the license at a location other than a licensed facility for a client:
(1)  who, because of illness or physical or mental incapacitation, is unable to receive the service at a licensed facility; or
(2)  in preparation for and at the location of a special event, including a wedding.
(c)  An appointment for a service performed under this section must be made through a licensed facility.
SUBCHAPTER E-2. ESTABLISHMENT LICENSES; OPERATION
Sec. 1603.2201.  LICENSE REQUIRED. (a) A person may not own, operate, or manage an establishment in which an act of barbering or cosmetology is practiced unless the person holds a license issued under this subchapter to operate the establishment.
(b)  A person may not lease space on the premises of a licensed establishment to engage in the practice of barbering or cosmetology as an independent contractor unless the person holds a license issued under Subchapter E-1.
Sec. 1603.2202.  ISSUANCE OF LICENSE. The department shall issue the applicable establishment license under this subchapter to an applicant if:
(1)  the applicant:
(A)  owns or rents the establishment;
(B)  verifies the application;
(C)  complies with the application requirements of this chapter;
(D)  pays the required inspection and license fees; and
(E)  has not committed an act that constitutes a ground for denial of a license; and
(2)  the establishment:
(A)  meets the commission's minimum health standards for an establishment; and
(B)  complies with all commission rules.
Sec. 1603.2203.  ESTABLISHMENT LICENSES. (a) An establishment licensed as:
(1)  an establishment may provide any barbering or cosmetology service;
(2)  a manicurist specialty establishment may provide any service described by Section 1603.0011(a)(7) or (8);
(3)  an esthetician specialty establishment may provide any service described by Section 1603.0011(a)(3), (4), (5), or (6) or (c);
(4)  a manicurist/esthetician specialty establishment may provide any service described by Section 1603.0011(a)(3), (4), (5), (6), (7), or (8) or (c);
(5)  a hair weaving specialty establishment may provide any service described by Section 1603.0011(a)(9);
(6)  an eyelash extension specialty establishment may provide any service described by Section 1603.0011(c);
(7)  a mini-establishment may provide any barbering or cosmetology service; and
(8)  a mobile establishment may provide any barbering or cosmetology service.
(b)  In this section:
(1)  "Mini-establishment" includes a room or suite of rooms that is one of a number of connected establishments in a single premises that open onto a common hallway or another configuration of operations as authorized by the department in which a person practices under a license issued under Subchapter E-1.
(2)  "Mobile establishment" means a facility that is readily movable and where barbering, cosmetology, or both are practiced other than at a fixed location.
Sec. 1603.2204.  TRANSFER OF LICENSE PROHIBITED. A license issued under this subchapter is not transferable.
Sec. 1603.2205.  USE OF ESTABLISHMENT AS SLEEPING QUARTERS PROHIBITED. (a) An owner or manager of a licensed establishment may not permit a person to sleep in a room used as part of the establishment.
(b)  A person may not perform an act for which a license is required in a room in an establishment that is used as sleeping quarters.
SUBCHAPTER E-3. SCHOOL LICENSES; OPERATION
Sec. 1603.2301.  LICENSE REQUIRED. A person may not operate a school for instruction in the practice of barbering or cosmetology unless the person holds a license issued under this subchapter to operate the school.
Sec. 1603.2302.  ISSUANCE OF LICENSE. The department shall issue a license under this subchapter to an applicant who, as applicable:
(1)  submits an application on a form prescribed by the department;
(2)  pays the required fee;
(3)  provides to the department adequate proof of financial responsibility;
(4)  meets the health and safety standards established by the commission; and
(5)  satisfies any other requirements of this chapter or commission rule.
Sec. 1603.2303.  SCHOOL LICENSES; INSTRUCTORS; ENFORCEMENT. (a) The holder of a public secondary school license, public postsecondary school license, or private postsecondary school license:
(1)  may provide instruction in the barbering or cosmetology services for which the license holder has been approved by the department; and
(2)  may only employ to provide the instruction described by Subdivision (1) a person who holds a license issued under Subchapter E-1 to perform the acts of barbering or cosmetology for which the person will provide instruction.
(b)  The department may take any disciplinary or other enforcement action against a person who violates Subsection (a)(2).
Sec. 1603.2304.  CHANGE OF SCHOOL OWNERSHIP OR LOCATION. (a) If a licensed school changes ownership:
(1)  the outgoing owner shall notify the department of the change not later than the 10th day before the date the change takes effect; and
(2)  the new owner shall obtain a license under this subchapter in accordance with commission rule.
(b)  A school may not change the location of the school unless the school obtains approval from the department before the change by showing that the proposed location meets the requirements of this chapter and commission rules.
Sec. 1603.2305.  SIGNS REQUIRED. The holder of a school license shall place a sign on the front outside portion of the school's building in a prominent place that reads "SCHOOL--STUDENT PRACTITIONERS" in:
(1)  at least 10-inch block letters; or
(2)  a manner prescribed by the department.
Sec. 1603.2306.  INFORMATION PROVIDED TO PROSPECTIVE STUDENT. The holder of a school license shall provide to each prospective student, as applicable:
(1)  a course outline;
(2)  a schedule of the tuition and other fees assessed;
(3)  the school's refund policy required under Section 1603.3602;
(4)  the school's grading policy and rules relating to incomplete grades;
(5)  the school's rules of operation and conduct, including rules relating to absences;
(6)  the department's name, mailing address, and telephone number for the purpose of directing complaints to the department; and
(7)  the current job placement rates and employment rates of students who complete a course of instruction.
Sec. 1603.2307.  COURSE LENGTH AND CURRICULUM CONTENT. (a) A school shall design course length and curriculum content to reasonably ensure that a student develops the job skills and knowledge necessary for employment.
(b)  A school must submit to the department for approval the course length and curriculum content for each course offered by the school. The school may not implement a course length and curriculum content without the approval of the department.
(c)  Before issuing or renewing a license under this subchapter, the department must require the school to account for each course length and curriculum content.
Sec. 1603.2308.  REQUIRED COURSES. (a) A school shall instruct students in the theory and practice of subjects necessary and beneficial to the practice of barbering and cosmetology.
(b)  The commission by rule shall establish the subjects in which students shall receive instruction.
(c)  A school may not increase, decrease, or withhold for any reason the number of hours earned by a student.
Sec. 1603.2309.  DAILY ATTENDANCE RECORDS. (a) A school shall maintain an attendance record showing the students' daily attendance.
(b)  The department may inspect a school's attendance records at any time.
Sec. 1603.2310.  INSTRUCTOR-TO-STUDENT RATIO. A licensed school must have at least one instructor for every 25 students on the school's premises.
Sec. 1603.2311.  REPORTS TO DEPARTMENT. (a) A licensed school shall maintain a monthly progress report regarding each student attending the school. The report must certify the daily attendance record of each student and the number of hours earned by each student during the previous month.
(b)  On a student's completion of a prescribed course of instruction, the school shall notify the department that the student has completed the required number of hours and is eligible to take the appropriate examination.
(c)  The holder of a school license shall provide to the department on request:
(1)  the current course completion rates of students who attend a course of instruction offered by the school; and
(2)  job placement rates and employment rates of students who complete a course of instruction.
Sec. 1603.2312.  ADDITIONAL DUTIES OF LICENSE HOLDER. The holder of a school license shall:
(1)  maintain a sanitary premises;
(2)  establish regular class and instruction hours and grades;
(3)  hold examinations before issuing diplomas; and
(4)  maintain a copy of the school's curriculum in a conspicuous place and verify that the curriculum is being followed.
Sec. 1603.2313.  TRANSFER OF HOURS OF INSTRUCTION. (a) A student at a licensed school may transfer completed hours of instruction to another licensed school in this state.
(b)  In order for the hours of instruction to be transferred, a transcript showing the completed courses and number of hours certified by the school in which the instruction was given must be submitted to the department.
(c)  In evaluating a student's transcript, the department shall determine whether the agreed tuition has been paid. If the tuition has not been paid, the department shall notify the student that the student's transcript cannot be certified to the school to which the student seeks a transfer until proof is provided that the tuition has been paid.
(d)  On evaluation and approval, the department shall certify in writing to the student and to the school to which the student seeks a transfer that:
(1)  the stated courses and hours have been successfully completed; and
(2)  the student is not required to repeat the hours of instruction.
Sec. 1603.2314.  IDENTIFICATION OF AND WORK PERFORMED BY STUDENT. (a) Each licensed school shall maintain in a conspicuous place a list of the names and identifying pictures of the students who are enrolled in the school's courses.
(b)  A school may not receive compensation for work done by a student unless the student has completed 10 percent of the required number of hours for a license under Subchapter E-1.
(c)  If a school violates this section, the license of the school may be revoked or suspended.
SECTION 3.21.  Section 1603.252(b), Occupations Code, is amended to read as follows:
(b)  The executive director shall determine uniform standards for acceptable performance on an examination for a license under Subchapter E-1 [or certificate under Chapter 1601 and for a license or certificate under Chapter 1602].
SECTION 3.22.  Sections 1603.253 and 1603.255, Occupations Code, are amended to read as follows:
Sec. 1603.253.  WRITTEN EXAMINATION. The department [commission] shall select an examination for each written examination required under this chapter[, Chapter 1601, or Chapter 1602]. The written examination must be:
(1)  validated by an independent testing professional; or
(2)  purchased from a national testing service.
Sec. 1603.255.  EARLY EXAMINATION.  The commission by rule [department] may allow for the early written examination of a student [who has completed the following number of hours of instruction in a department-approved training program:
[(1)     1,000 hours for a student seeking a Class A barber certificate in a private barber school;
[(2)     900 hours for a student seeking an operator license in a private cosmetology school; or
[(3)     900 hours for a student seeking a Class A barber certificate or operator license in a publicly funded barber or cosmetology school].
SECTION 3.23.  Sections 1603.256(a) and (c), Occupations Code, are amended to read as follows:
(a)  The commission may require a practical examination as it considers necessary for a license [or certificate] issued under Subchapter E-1 [Chapter 1601   or 1602].
(c)  The following persons may administer a practical examination [required under this subchapter]:
(1)  the department;
(2)  a person with whom the department contracts under Section 1603.252;
(3)  a licensed [barber] school[, private beauty culture school, or a public secondary or postsecondary beauty culture school] that is approved by the department to administer the examination under Section 1603.252; or
(4)  the Windham School District.
SECTION 3.24.  Subchapter G, Chapter 1603, Occupations Code, is amended to read as follows:
SUBCHAPTER G. [CERTIFICATE,] LICENSE[, AND PERMIT] RENEWAL
Sec. 1603.3001.  LICENSE TERMS. (a) Except as provided by Subsection (b), a license other than a temporary license expires on the second anniversary of the date the license is issued.
(b)  A school license expires on the first anniversary of the date the license is issued.
Sec. 1603.3002.  RENEWAL RULES. (a) The commission by rule may establish requirements for the renewal of a license issued under this chapter, including continuing education requirements.
(b)  The commission may establish separate requirements for:
(1)  the initial renewal of a license; and
(2)  subsequent renewals of a license.
(c)  Before establishing continuing education requirements under this section, the commission must consider the potential impact of continuing education with respect to:
(1)  identifying and assisting trafficked persons; and
(2)  providing license holders with opportunities to acquire new skills.
Sec. 1603.3003.  ISSUANCE OF RENEWAL LICENSE. The department shall issue a renewal license on receipt of:
(1)  a renewal application in the form prescribed by the department; and
(2)  any renewal fee.
Sec. 1603.3004.  RENEWAL WHILE IN ARMED FORCES. (a) The department may not require the holder of a license issued under Subchapter E-1 who is serving on active duty in the United States armed forces to renew the person's license.
(b)  The department shall issue a renewal license on application and payment of the required renewal fee not later than the 90th day after the date the person is released or discharged from active duty in the United States armed forces.
Sec. 1603.301.  DENIAL OF RENEWAL DUE TO ADMINISTRATIVE PENALTY. The department may deny a person's request to renew a [certificate,] license[, or permit] issued under this chapter[, Chapter 1601, or Chapter 1602] if the person has not paid an administrative penalty imposed under Subchapter F, Chapter 51.  This section does not apply if:
(1)  the person's time to pay or request a hearing has not expired under Section 51.304;
(2)  the person has requested a hearing under Section 51.304, but the person's time to pay has not expired under Section 51.307; or
(3)  the penalty is stayed.
SECTION 3.25.  The heading to Subchapter H, Chapter 1603, Occupations Code, is amended to read as follows:
SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO MORE THAN ONE LICENSE TYPE [CHAPTERS 1601 AND 1602]
SECTION 3.26.  Section 1603.351, Occupations Code, is amended to read as follows:
Sec. 1603.351.  MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE EDUCATION. (a) The commission shall prescribe the minimum curriculum, including the subjects and the number of hours in each subject, taught by a licensed school [licensed under this chapter, Chapter 1601, or Chapter 1602].
(a-1)  Notwithstanding any other law, the commission may adopt rules to:
(1)  authorize a licensed school [licensed under this chapter, Chapter 1601, or Chapter 1602] to account for any hours of instruction completed under this chapter [those chapters] on the basis of clock hours or credit hours; and
(2)  establish standards for determining the equivalency and conversion of clock hours to credit hours and credit hours to clock hours.
(b)  The commission may adopt rules allowing distance education only for the theory portion of the curriculum taught by a licensed school [licensed under this chapter, Chapter 1601, or Chapter 1602].
(c)  Distance education does not satisfy the requirements of the practical portion of the curriculum taught by a licensed school [licensed under this chapter, Chapter 1601, or Chapter 1602].
SECTION 3.27.  Sections 1603.352(a) and (b), Occupations Code, are amended to read as follows:
(a)  A person who holds a license[, certificate,] or permit issued under this chapter[, Chapter 1601, or Chapter 1602] and who performs a [barbering service described by Section 1601.002(1)(E) or (F) or a cosmetology] service described by Section 1603.0011(a)(7) or (8) [1602.002(a)(8) or (9)] shall, before performing the service, clean, disinfect, and sterilize with an autoclave or dry heat sterilizer or sanitize with an ultraviolet sanitizer, in accordance with the sterilizer or sanitizer manufacturer's instructions, each metal instrument, including metal nail clippers, cuticle pushers, cuticle nippers, and other metal instruments, used to perform the service.
(b)  The owner or manager of a licensed establishment or [barber shop, barber] school[, beauty shop, specialty shop, beauty culture school, or other facility licensed under this chapter, Chapter 1601, or Chapter 1602,] is responsible for providing an autoclave, a dry heat sterilizer, or an ultraviolet sanitizer for use in the establishment [shop] or school as required by Subsection (a).
SECTION 3.28.  Subchapter H, Chapter 1603, Occupations Code, is amended by adding Sections 1603.353, 1603.354, 1603.355, 1603.356, 1603.357, and 1603.358 to read as follows:
Sec. 1603.353.  EMPLOYMENT OF LICENSE HOLDER. (a) A licensed school may not employ a person holding a license issued under Subchapter E-1 solely to perform the practices of barbering or cosmetology for which the person is licensed.
(b)  A person holding a license for an establishment may not employ or lease to a person to practice barbering or cosmetology at the establishment unless the person holds a license issued under Subchapter E-1.
Sec. 1603.354.  NECESSARY EQUIPMENT. The owner, operator, or manager of a licensed establishment or school shall equip the establishment or school with the facilities, supplies, appliances, furnishings, and materials necessary to enable a person employed on the premises to comply with this chapter.
Sec. 1603.355.  DISPLAY OF LICENSE. A licensed school or establishment shall display the license in a conspicuous place in the school or establishment for which the license is issued.
Sec. 1603.356.  DISPLAY OF HUMAN TRAFFICKING INFORMATION. (a) A licensed school or establishment shall display a sign approved by or acceptable to the commission or the department concerning services and assistance available to victims of human trafficking.
(b)  The sign required by this section must:
(1)  be in English, Spanish, Vietnamese, and any other language required by commission rule; and
(2)  include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.
(c)  The commission by rule shall establish requirements regarding the posting of signs under this section.
Sec. 1603.357.  DISPLAY OF SANITATION RULES. A licensed school or establishment shall display a copy of the commission's sanitation rules.
Sec. 1603.358.  OPERATION OF ESTABLISHMENT AND SCHOOL ON SINGLE PREMISES. A person may not operate an establishment on the same premises as a school unless the facilities are separated by walls of permanent construction without an opening between the facilities.
SECTION 3.29.  Chapter 1603, Occupations Code, is amended by adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. FINANCIAL PROVISIONS APPLICABLE TO PRIVATE POSTSECONDARY SCHOOLS
Sec. 1603.3601.  CANCELLATION AND SETTLEMENT POLICY. The holder of a private postsecondary school license shall maintain a cancellation and settlement policy that provides a full refund of money paid by a student if the student:
(1)  cancels the enrollment agreement or contract not later than midnight of the third day after the date the agreement or contract is signed by the student, excluding Saturdays, Sundays, and legal holidays; or
(2)  entered into the enrollment agreement or contract because of a misrepresentation made:
(A)  in the advertising or promotional materials of the school; or
(B)  by an owner or representative of the school.
Sec. 1603.3602.  REFUND POLICY. (a) The holder of a private postsecondary school license shall maintain a refund policy to provide for the refund of any unused parts of tuition, fees, and other charges paid by a student who, at the expiration of the cancellation period established under Section 1603.3601:
(1)  fails to enter the course of training;
(2)  withdraws from the course of training; or
(3)  is terminated from the course of training before completion of the course.
(b)  The refund policy must provide that:
(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in scheduled hours, as specified by an enrollment agreement, contract, or other document acceptable to the department;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last date of attendance, if the student is terminated by the school;
(B)  the date the license holder receives the student's written notice of withdrawal; or
(C)  10 school days after the last date of attendance; and
(3)  the school may retain not more than $100 if:
(A)  tuition is collected before the course of training begins; and
(B)  the student does not begin the course of training before the cancellation period established under Section 1603.3601 expires.
Sec. 1603.3603.  WITHDRAWAL OR TERMINATION OF STUDENT. (a) If a student at a private postsecondary school begins a course of training that is scheduled to run not more than 12 months and, during the last 50 percent of the course, withdraws from the course or is terminated by the school, the school:
(1)  may retain 100 percent of the tuition and fees paid by the student; and
(2)  is not obligated to refund any additional outstanding tuition.
(b)  If a student at a private postsecondary school begins a course of training that is scheduled to run not more than 12 months and, before the last 50 percent of the course, withdraws from the course or is terminated by the school, the school shall refund:
(1)  90 percent of any outstanding tuition for a withdrawal or termination that occurs during the first week or first 10 percent of the course, whichever period is shorter;
(2)  80 percent of any outstanding tuition for a withdrawal or termination that occurs after the first week or first 10 percent of the course, whichever period is shorter, but within the first three weeks of the course;
(3)  75 percent of any outstanding tuition for a withdrawal or termination that occurs after the first three weeks of the course but not later than the completion of the first 25 percent of the course; and
(4)  50 percent of any outstanding tuition for a withdrawal or termination that occurs not later than the completion of the first 50 percent of the course.
(c)  A refund owed under this section must be paid not later than the 30th day after the date the student becomes eligible for the refund.
Sec. 1603.3604.  INTEREST ON REFUND. (a) If tuition is not refunded within the period required by Section 1603.3603, the private postsecondary school shall pay interest on the amount of the refund for the period beginning the first day after the date the refund period expires and ending the day preceding the date the refund is made.
(b)  If tuition is refunded to a lending institution, the interest shall be paid to that institution and applied against the student's loan.
(c)  The commissioner of education shall annually set the interest rate at a rate sufficient to deter a school from retaining money paid by a student.
(d)  The department may exempt a school from the payment of interest if the school makes a good faith effort to refund the tuition but is unable to locate the student. The school shall provide to the department on request documentation of the effort to locate the student.
Sec. 1603.3605.  REENTRY OF STUDENT AFTER WITHDRAWAL. If a student voluntarily withdraws or is terminated after completing 50 percent of the course at a private postsecondary school, the school shall allow the student to reenter at any time during the 48-month period following the date of withdrawal or termination unless the student presents a danger to the other students or staff of the school.
Sec. 1603.3606.  EFFECT OF STUDENT WITHDRAWAL. (a) A private postsecondary school shall record a grade of incomplete for a student who withdraws but is not entitled to a refund under Section 1603.3603 if the student:
(1)  requests the grade at the time the student withdraws; and
(2)  withdraws for an appropriate reason unrelated to the student's academic status.
(b)  A student who receives a grade of incomplete may reenroll in the program during the 48-month period following the date the student withdraws and complete the subjects without payment of additional tuition.
Sec. 1603.3607.  EFFECT OF PRIVATE POSTSECONDARY SCHOOL CLOSURE. (a) If a private postsecondary school closes, the department shall attempt to arrange for students enrolled in the closed school to attend another private postsecondary school.
(b)  If a student from a closed school is placed in another private postsecondary school, the expense incurred by the school in providing training directly related to educating the student, including the applicable tuition for the period for which the student paid tuition, shall be paid from the barbering and cosmetology school tuition protection account.
(c)  If a student from a closed private postsecondary school cannot be placed in another private postsecondary school, the student's tuition and fees shall be refunded as provided by Section 1603.3602. If a student from a closed private postsecondary school does not accept a place that is available and reasonable in another private postsecondary school, the student's tuition and fees shall be refunded as provided by Section 1603.3603. A refund under this subsection shall be paid from the barbering and cosmetology school tuition protection account. The amount of the refund may not exceed $35,000.
(d)  If another private postsecondary school assumes responsibility for the closed school's students and there are no significant changes in the quality of the training, the student from the closed school is not entitled to a refund under Subsection (c).
Sec. 1603.3608.  BARBERING AND COSMETOLOGY SCHOOL TUITION PROTECTION ACCOUNT. (a) If on January 1 of any year the amount in the barbering and cosmetology school tuition protection account is less than $225,000, the department shall collect a fee from each private postsecondary school during that year by applying a percentage to the school's renewal fee at a rate that will bring the balance of the account to $225,000.
(b)  The department shall administer claims made against the account.
(c)  The comptroller shall invest the account in the same manner as other state funds.
(d)  Sufficient money from the account shall be appropriated to the department for the purpose described by Section 1603.3607.
(e)  Attorney's fees, court costs, or damages may not be paid from the account.
Sec. 1603.3609.  RULES. The commission by rule may:
(1)  adjust any tuition reimbursement limit established under this subchapter; and
(2)  adopt procedures regarding the collection of fees from private postsecondary schools under Section 1603.3608.
SECTION 3.30.  Section 1603.401, Occupations Code, is amended to read as follows:
Sec. 1603.401.  DENIAL, SUSPENSION, OR REVOCATION. The department may [shall] deny an application for issuance or renewal of, or may [shall] suspend or revoke, a [certificate,] license[,] or permit if the applicant or person holding the [certificate,] license[,] or permit:
(1)  engages in gross malpractice;
(2)  knowingly continues to practice while having an infectious or contagious disease;
(3)  knowingly makes a false or deceptive statement in advertising;
(4)  advertises, practices, or attempts to practice under another person's name or trade name;
(5)  engages in fraud or deceit in obtaining a [certificate,] license[,] or permit; or
(6)  engages in an act that violates this chapter or [,] Chapter 51[, Chapter 1601, or Chapter 1602] or a rule or order adopted or issued under this chapter or Chapter 51 [those chapters].
SECTION 3.31.  The heading to Subchapter J, Chapter 1603, Occupations Code, is amended to read as follows:
SUBCHAPTER J. OTHER [PENALTIES AND] ENFORCEMENT PROVISIONS
SECTION 3.32.  Sections 1603.453 and 1603.454, Occupations Code, are amended to read as follows:
Sec. 1603.453.  APPEAL BOND NOT REQUIRED. The department is not required to give an appeal bond in a cause arising under this chapter[, Chapter 1601, or Chapter 1602].
Sec. 1603.454.  ENFORCEMENT BY ATTORNEY GENERAL. The attorney general shall represent the department in an action to enforce this chapter[, Chapter 1601, or Chapter 1602].
SECTION 3.33.  The following provisions of the Occupations Code are repealed:
(1)  Chapters 1601 and 1602;
(2)  Sections 1603.104(b), (c), and (c-1);
(3)  Section 1603.205;
(4)  Section 1603.206;
(5)  Section 1603.207;
(6)  Section 1603.254;
(7)  Section 1603.451;
(8)  Section 1603.452;
(9)  Section 1603.455; and
(10)  Section 1603.456.
SECTION 3.34.  (a) To ensure that licensed schools offering instruction in barbering and cosmetology maintain accreditation and that students of those schools continue to qualify for federal aid, the Texas Commission of Licensing and Regulation shall, as soon as practicable after September 1, 2021, adopt any rules necessary for the orderly implementation of the changes in law made by this article to the licensing system and curricula requirements and standards for schools offering instruction in barbering and cosmetology.
(b)  Not later than September 1, 2023:
(1)  the Texas Commission of Licensing and Regulation shall adopt any additional rules necessary to implement the changes in law made by this article; and
(2)  the Texas Department of Licensing and Regulation shall begin to issue and renew licenses and permits under Subchapters E-1, E-2, and E-3, Chapter 1603, Occupations Code, as added by this article.
SECTION 3.35.  Notwithstanding the repeal by this article of Chapters 1601 and 1602, and Sections 1603.205, 1603.206, and 1603.207, Occupations Code, the Texas Department of Licensing and Regulation may continue to issue until September 1, 2023, a certificate, license, or permit under those provisions as they existed immediately before September 1, 2021, and those provisions are continued in effect for that purpose.
SECTION 3.36.  Notwithstanding the repeal by this article of Chapters 1601 and 1602, Occupations Code, until the Texas Commission of Licensing and Regulation adopts rules regarding written and practical examination requirements for the issuance of licenses under Chapter 1603, Occupations Code, as amended by this article, the Texas Department of Licensing and Regulation shall continue to operate under the requirements regarding written and practical examinations in former Chapters 1601 and 1602, Occupations Code, as those chapters were in effect immediately before September 1, 2021, and those provisions are continued in effect for that purpose.
SECTION 3.37.  (a) A certificate, license, or permit issued under former Chapter 1601 or 1602, Occupations Code, or under former Section 1603.205, 1603.206, or 1603.207, Occupations Code, before September 1, 2023, continues to be valid until the certificate, license, or permit expires, and those chapters and sections are continued in effect for that purpose.
(b)  A person who on September 1, 2021, holds a certificate, license, or permit issued under former Chapter 1601 or 1602, Occupations Code, or under former Section 1603.205, 1603.206, or 1603.207, Occupations Code, is entitled on expiration of that certificate, license, or permit to issuance of a comparable license or permit under the applicable provision of Chapter 1603, Occupations Code, as amended by this article, if the person otherwise meets the requirements for the license or permit.
(c)  A person who on September 1, 2021, holds an instructor license issued under former Chapter 1601 or 1602, Occupations Code, is entitled on expiration of that license to issuance of a license under the applicable provision of Chapter 1603, Occupations Code, as amended by this article, that is comparable to the individual practitioner license required for the issuance of the instructor license if the person otherwise meets the requirements for the license under Chapter 1603.
SECTION 3.38.  Notwithstanding any other law, on September 1, 2021, a person holding a permit under former Subchapter G, Chapter 1601, Occupations Code, a facility license under former Subchapter G, Chapter 1602, Occupations Code, or a license or permit under former Section 1603.205, 1603.206, or 1603.207, Occupations Code, before September 1, 2021, may employ or contract with any qualified individual practitioner holding a certificate, license, or permit issued under Chapter 1601 or 1602, Occupations Code, before September 1, 2021, without regard to the chapter under which the practitioner was issued the certificate, license, or permit.
SECTION 3.39.  Notwithstanding any other law, on September 1, 2021, the holder of a license issued under former Section 1601.256, 1601.262, or 1601.263, Occupations Code, before that date may perform the services described by Sections 1603.0011(a)(6) and (c), Occupations Code, as added by this Act.
SECTION 3.40.  (a) Not later than December 1, 2021, the presiding officer of the Texas Commission of Licensing and Regulation shall appoint members to the Barbering and Cosmetology Advisory Board in accordance with Section 1603.051, Occupations Code, as amended by this article.
(b)  On December 1, 2021, the Advisory Board on Barbering and the Advisory Board on Cosmetology are abolished.
(c)  Notwithstanding Section 1603.053, Occupations Code, as added by this article, in making the initial appointments to the Barbering and Cosmetology Advisory Board, the presiding officer of the Texas Commission of Licensing and Regulation shall designate three members of the advisory board to serve terms expiring January 31, 2023, three members to serve terms expiring January 31, 2025, and three members to serve terms expiring January 31, 2027.
SECTION 3.41.  As soon as practicable after September 1, 2021, the comptroller of public accounts shall transfer to the barbering and cosmetology school tuition protection account the unexpended and unencumbered balance of the barber school tuition protection account and the unexpended and unencumbered balance of the private beauty culture school tuition protection account.
SECTION 3.42.  (a) The changes in law made by this article do not affect the validity of a disciplinary action or other proceeding that was initiated before September 1, 2021, and that is pending on September 1, 2021. A disciplinary action that is pending on September 1, 2021, is governed by the law in effect immediately before September 1, 2021, and the former law is continued in effect for that purpose.
(b)  The repeal of a law by this article does not entitle a person to a refund of a certificate, license, or permit fee paid by the person before September 1, 2021.
ARTICLE 4. RESIDENTIAL SERVICE CONTRACTS
SECTION 4.01.  Section 1101.006, Occupations Code, is amended to read as follows:
Sec. 1101.006.  APPLICATION OF SUNSET ACT. The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter and [,] Chapter 1102[, and Chapter 1303] of this code and Chapter 221, Property Code, expire September 1, 2025.
SECTION 4.02.  Section 1304.003(a), Occupations Code, is amended by amending Subdivision (2) and adding Subdivision (4) to read as follows:
(2)  "Service contract" means an agreement that is entered into for a separately stated consideration and for a specified term under which a provider agrees to:
(A)  repair, replace, or maintain a product, or provide indemnification for the repair, replacement, or maintenance of a product, for operational or structural failure or damage caused by a defect in materials or workmanship or by normal wear;
(B)  provide identity recovery, if the service contract is financed under Chapter 348 or 353, Finance Code; [or]
(C)  provide compensation to the buyer of a vehicle on the total constructive loss under a depreciation benefit optional member program; or
(D)  provide a service, reimbursement, or payment under a residential service contract.
(4)  "Residential service contract" means a service contract of any duration under which a provider agrees to, in the event of the operational or structural failure of, damage caused by a power surge to, a defect in materials or workmanship of, or damage caused by normal wear to a structural component, an appliance, or an electrical, plumbing, heating, cooling, or air-conditioning system of a residential property that is attached to or located on the residential property:
(A)  service, maintain, repair, or replace all or any part of the structural component, appliance, or electrical, plumbing, heating, cooling, or air-conditioning system;
(B)  provide incidental payment of indemnity under limited circumstances, including food spoilage; or
(C)  provide reimbursement or payment instead of service, repair, or replacement when a part, structural component, appliance, or service provider or technician is unavailable.
SECTION 4.03.  Section 1304.003(b), Occupations Code, is amended to read as follows:
(b)  A service contract described by Subsection (a)(2)(A) may [also] provide for:
(1)  incidental payment or indemnity under limited circumstances, including towing, rental, and emergency road service;
(2)  the repair or replacement of a product for damage resulting from a power surge or for accidental damage incurred in handling the product;
(3)  identity recovery, if the service contract is financed under Chapter 348 or 353, Finance Code; or
(4)  the replacement of a motor vehicle key or key fob in the event the key or key fob is inoperable, lost, or stolen.
SECTION 4.04.  Section 1304.004(b), Occupations Code, is amended to read as follows:
(b)  This chapter does not apply to:
(1)  a warranty;
(2)  a maintenance agreement;
(3)  a service contract sold or offered for sale to a person who is not a consumer;
(4)  [a residential service contract sold by an entity licensed by the Texas Real Estate Commission under Chapter 1303;
[(5)] an agreement issued by an automobile service club that holds a certificate of authority under Chapter 722, Transportation Code;
(5) [(6)]  a service contract sold by a motor vehicle dealer on a motor vehicle sold by that dealer, if the dealer:
(A)  is the provider;
(B)  is licensed as a motor vehicle dealer under Chapter 2301; and
(C)  covers its obligations under the service contract with a reimbursement insurance policy; or
(6) [(7)]  a contract offered by a local exchange telephone company that provides for the repair of inside telephone wiring, if:
(A)  the contract term does not exceed one month; and
(B)  the consumer can terminate the contract before a new contract term begins without liability except for payment of charges for the term that has begun.
SECTION 4.05.  Subchapter A, Chapter 1304, Occupations Code, is amended by adding Section 1304.0041 to read as follows:
Sec. 1304.0041.  CERTAIN EXEMPT AGREEMENTS. This chapter does not apply to:
(1)  a performance guarantee offered by:
(A)  the builder of a residential property; or
(B)  the manufacturer or seller of an appliance or other system or component of a residential property;
(2)  a residential service contract executed before August 28, 1979;
(3)  a guarantee or warranty that is:
(A)  designed to guarantee or warrant the repair or service of an appliance, system, or component of a residential property; and
(B)  issued by a person who sells, services, repairs, or replaces the appliance, system, or component at the time or before the guarantee or warranty is issued;
(4)  a service or maintenance agreement or a warranty that:
(A)  is sold, offered for sale, or issued by a manufacturer or merchant who manufactures or sells a product or part of a product, including a structural component, an appliance, or an electrical, plumbing, heating, cooling, or air-conditioning system of a building or residence; and
(B)  provides for, warrants, or guarantees the maintenance, repair, replacement, or performance of the product or part of the product; or
(5)  home warranty insurance as defined by Section 2005.001, Insurance Code.
SECTION 4.06.  Section 1304.005, Occupations Code, is amended to read as follows:
Sec. 1304.005.  EXEMPTIONS FROM CERTAIN OTHER LAWS. Marketing, selling, offering for sale, issuing, making, proposing to make, and administering a service contract are exempt from:
(1)  [Chapter 1303;
[(2)] Chapter 722, Transportation Code; and
(2) [(3)]  the Insurance Code and other laws of this state regulating the business of insurance.
SECTION 4.07.  Section 1304.151, Occupations Code, is amended by amending Subsection (b) and adding Subsection (b-4) to read as follows:
(b)  If the provider ensures its obligations under Subsection (a)(2), the amount maintained in the reserve account may not be less than an amount equal to 40 percent of the gross consideration the provider received from consumers from the sale of all service contracts issued and outstanding in this state, minus any claims paid. The executive director may review and examine the reserve account. Except as provided by Subsections [Subsection] (b-1) and (b-4), the amount of the security deposit may not be less than $250,000. The provider must submit to the executive director on request a copy of the provider's financial statements that must be prepared in accordance with generally accepted accounting principles, be without qualification as to the going concern status of the provider, and be audited by an independent certified public accountant. The commission by rule may require the provider to submit additional financial reports.
(b-4)  The amount of the security deposit required under Subsection (b) may not be less than $25,000 for a provider of a residential service contract.
SECTION 4.08.  Section 1304.156, Occupations Code, is amended by adding Subsection (f) to read as follows:
(f)  A residential service contract must state that the provider agrees that, under normal circumstances, the provider will initiate the performance of services not later than 48 hours after the contract holder requests the services.
SECTION 4.09.  Subchapter D, Chapter 1304, Occupations Code, is amended by adding Section 1304.157 to read as follows:
Sec. 1304.157.  RESIDENTIAL SERVICE CONTRACTS. (a) A person may not sell, offer to sell, arrange or solicit the sale of, or receive an application for a residential service contract unless the person is:
(1)  employed by a provider or administrator of a residential service contract who is licensed under this chapter; or
(2)  licensed as a real estate sales agent, real estate broker, mobile home dealer, or insurance agent in this state.
(b)  Notwithstanding Subsection (a), a person compensated by a provider or administrator, but who is not employed by that provider or administrator, may sell, offer to sell, arrange or solicit the sale of, or receive an application for a residential service contract if the contract contains the following statement in at least 10-point boldface type: "NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE PROVIDER FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER CHAPTER 1304, OCCUPATIONS CODE." For purposes of Subsection (a) and this subsection, a person is employed by a provider or administrator if, in connection with the person selling, offering to sell, arranging or soliciting the sale of, or receiving applications for residential service contracts, the provider or administrator:
(1)  directs and controls the person's performance; and
(2)  is responsible for representations made by the person when acting within the scope of the person's employment.
(c)  Notwithstanding Section 1304.151(a)(1), a provider of a residential service contract may use a reimbursement insurance policy issued by a captive insurance company as defined by Section 964.001, Insurance Code, to insure the provider's residential service contracts if the provider maintains a funded reserve equal to not less than 25 percent of the gross consideration the provider received from consumers from the sale of all the provider's service contracts issued and outstanding in this state, minus any claims paid. A reimbursement insurance policy issued to a residential service contract provider in accordance with this subsection:
(1)  is not subject to Section 1304.152; and
(2)  is considered to satisfy the requirements of Sections 1304.1025 and 1304.151(a)(1) for purposes of this chapter.
SECTION 4.10.  Chapter 1303, Occupations Code, is repealed.
SECTION 4.11.  Not later than June 1, 2022, the Texas Commission of Licensing and Regulation shall adopt rules necessary to implement the changes in law made by this article to Chapter 1304, Occupations Code.
SECTION 4.12.  (a) A residential service company licensed under former Chapter 1303, Occupations Code, that on May 1, 2021, maintained security in accordance with former Section 1303.154, Occupations Code, shall continue to maintain security in an amount not less than the amount required under that section until September 1, 2026, and the former law is continued in effect for that purpose.
(b)  A residential service company described by Subsection (a) of this section that is operating as a residential service contract provider licensed under Chapter 1304, Occupations Code, as amended by this article, is not required to comply with the security requirements for residential service contract providers under Chapter 1304, Occupations Code, as amended by this article, until September 1, 2026.
(c)  Not later than September 1, 2022, a residential service company described by Subsection (a) of this section that is operating as a residential service contract provider licensed under Chapter 1304, Occupations Code, as amended by this article, shall update the company's financial security documents to:
(1)  list the Texas Department of Licensing and Regulation as a party to the financial security document; and
(2)  replace each reference to the Texas Real Estate Commission with a reference to the Texas Department of Licensing and Regulation.
SECTION 4.13.  (a) In this section, "department" means the Texas Department of Licensing and Regulation.
(b)  On the effective date of this Act:
(1)  a license issued by the Texas Real Estate Commission under former Chapter 1303, Occupations Code, is continued in effect as a license of the department;
(2)  all rules, fees, policies, procedures, decisions, and forms of the Texas Real Estate Commission that relate to a program or activity transferred under this article are continued in effect as rules, fees, policies, procedures, decisions, and forms of the Texas Commission of Licensing and Regulation or the department, as applicable, and remain in effect until changed by the Texas Commission of Licensing and Regulation or the department; and
(3)  a complaint, investigation, contested case, or other proceeding related to a program that is transferred under this article and that is pending on the effective date of this Act is transferred without change in status to the Texas Commission of Licensing and Regulation or the department, as appropriate.
(c)  On the effective date of this Act:
(1)  all money, contracts, leases, property, software source code and documentation, records, and obligations of the Texas Real Estate Commission relating to a program or activity transferred to the department under this article are transferred to the department; and
(2)  the unexpended and unobligated balance of any money appropriated by the legislature relating to that program or activity is transferred to the department.
(d)  As soon as practicable after the effective date of this Act, the Texas Real Estate Commission shall transfer to the Texas Commission of Licensing and Regulation or the department, as appropriate, any bond, reimbursement insurance policy, or other security held for a residential service company that relates to a program or activity transferred under this article.
(e)  Unless the context indicates otherwise, a reference in law or administrative rule to the Texas Real Estate Commission with respect to a program or activity transferred from the Texas Real Estate Commission to the department under this article means the Texas Commission of Licensing and Regulation or the department, as appropriate.
(f)  The Texas Real Estate Commission shall provide the department with access to any systems, facilities, or information necessary to implement the change in law made by this article.
ARTICLE 5. DRIVER TRAINING
SECTION 5.01.  Section 1001.001, Education Code, is amended by amending Subdivisions (2), (8), (9), (13), and (14) and adding Subdivisions (6-a), (6-b), (14-b), and (14-c) to read as follows:
(2)  "Classroom instruction" includes instruction provided in a traditional classroom setting or through other physical means or remotely through the Internet ["Approved driving safety course" means a driving safety course approved by the department].
(6-a)  "Driver education instructor" means an individual who holds a license to teach or provide driver education issued under Section 1001.251.
(6-b)  "Driver education provider" means an in-person driver education provider, an online driver education provider, or a parent-taught driver education provider.
(8)  "Driver training" means:
(A)  driver education provided by a driver education provider [school]; or
(B)  driving safety training provided by a driving safety provider [school].
(9)  "Driver training provider [school]" means a driver education provider [school] or driving safety provider [school].
(13)  "Driving safety provider" means a business that provides a driving safety course [school" means an enterprise that:
[(A)     maintains a place of business or solicits business in this state; and
[(B)     is operated by an individual, association, partnership, or corporation for educating and training persons in driving safety].
(14)  "In-person driver education provider [Instructor]" means a business that provides driver education courses in person, including behind-the-wheel instruction, observation instruction, or driver's license examinations [an individual who holds a license for the type of instruction being given].
(14-b)  "Online driver education provider" means a business that provides driver education courses to students remotely through the Internet.
(14-c)  "Parent-taught driver education provider" means a business that provides driver education course materials through physical means or remotely through the Internet to persons who conduct parent-taught driver education under Section 1001.112.
SECTION 5.02.  Section 1001.003, Education Code, is amended to read as follows:
Sec. 1001.003.  LEGISLATIVE INTENT REGARDING SMALL BUSINESSES. It is the intent of the legislature that commission rules that affect driver training providers [schools] that qualify as small businesses be adopted and administered so as to have the least possible adverse economic effect on the providers [schools].
SECTION 5.03.  Section 1001.004(b), Education Code, is amended to read as follows:
(b)  The department may charge a fee to each driver education provider [school] in an amount not to exceed the actual expense incurred in the regulation of driver education courses established under Section 1001.1015.
SECTION 5.04.  Subchapter A, Chapter 1001, Education Code, is amended by adding Section 1001.005 to read as follows:
Sec. 1001.005.  REFERENCE IN RULES AND AGENCY MATERIALS. Notwithstanding any other law, the commission or the department may refer to driver education providers and driver safety providers as schools in rules, forms, records, licenses, and other commission or department documents.
SECTION 5.05.  Section 1001.051, Education Code, is amended to read as follows:
Sec. 1001.051.  JURISDICTION OVER PROVIDERS [SCHOOLS]. The department has jurisdiction over and control of driver training providers [schools] regulated under this chapter.
SECTION 5.06.  Sections 1001.053(a) and (b), Education Code, are amended to read as follows:
(a)  The department and executive director, as appropriate, shall:
(1)  administer this chapter;
(2)  enforce minimum standards for driver training providers [schools] under this chapter;
(3)  enforce rules adopted by the commission that are necessary to administer this chapter; and
(4)  inspect a driver training provider [school or course provider] and reinspect the [school or course] provider for compliance with this chapter.
(b)  The executive director may designate a person knowledgeable in the administration of regulating driver training providers [schools] to administer this chapter.
SECTION 5.07.  Section 1001.054, Education Code, is amended to read as follows:
Sec. 1001.054.  RULES RESTRICTING ADVERTISING. [(c)]  The commission by rule may restrict advertising by a branch location of an in-person [a] driver education provider [training school] so that the location adequately identifies the main business [primary] location of the provider [school] in a solicitation.
SECTION 5.08.  Sections 1001.055(a), (a-1), and (a-2), Education Code, are amended to read as follows:
(a)  The department shall provide to each licensed driver education provider or exempt driver education school [and to each parent-taught course provider approved under this chapter] driver education certificates or certificate numbers to enable the [school or approved parent-taught course] provider or school to issue department-approved driver education certificates to certify completion of an approved driver education course and satisfy the requirements of Sections 521.204(a)(2), Transportation Code, 521.1601, Transportation Code, as added by Chapter 1253 (HB 339), Acts of the 81st Legislature, Regular Session, 2009, and 521.1601, Transportation Code, as added by Chapter 1413 (SB 1317), Acts of the 81st Legislature, Regular Session, 2009.
(a-1)  A certificate issued by a driver education [school or parent-taught course] provider licensed [approved] under this chapter must:
(1)  be in a form required by the department; and
(2)  include an identifying certificate number provided by the department that may be used to verify the authenticity of the certificate with the [driver education school or approved parent-taught course] provider.
(a-2)  A driver education [school or parent-taught course] provider licensed [approved] under this chapter that purchases driver education certificate numbers shall issue original and duplicate certificates in a manner that, to the greatest extent possible, prevents the unauthorized production or the misuse of the certificates. The [driver education school or approved parent-taught course] provider shall electronically submit to the department in the manner established by the department data identified by the department relating to issuance of department-approved driver education certificates with the certificate numbers.
SECTION 5.09.  Sections 1001.056(b), (c-1), (d), (e), and (g), Education Code, are amended to read as follows:
(b)  The department shall provide each licensed driving safety [course] provider with course completion certificate numbers to enable the provider to issue department-approved uniform certificates of course completion.
(c-1)  A driving safety [course] provider shall provide for the issuance of original and duplicate certificates in a manner that, to the greatest extent possible, prevents the unauthorized production or the misuse of the certificates.
(d)  A certificate under this section must:
(1)  be in a form required by the department; and
(2)  include an identifying number by which the department, a court, or the Department of Public Safety may verify its authenticity with the driving safety [course] provider.
(e)  The commission by rule shall establish a fee for each course completion certificate number. [A course provider that supplies a certificate to an operator shall collect from the operator a fee equal to the amount of the fee paid to the department for the certificate number.]
(g)  A driving safety [course] provider shall issue a duplicate certificate by United States mail or commercial or electronic delivery. The commission by rule shall determine the amount of the fee for issuance of a duplicate certificate under this subsection.
SECTION 5.10.  Section 1001.058(b), Education Code, is amended to read as follows:
(b)  The advisory committee consists of nine [eleven] members appointed for staggered six-year terms by the presiding officer of the commission, with the approval of the commission, as follows:
(1)  three driver education providers [one member representing a driver education school that offers a traditional classroom course and in-car training];
(2)  three driving safety providers [one member representing a driver education school that offers a traditional classroom course, alternative methods of instruction, or in-car training];
(3)  [one member representing a driving safety school offering a traditional classroom course or providing an alternative method of instruction;
[(4)     one member representing a driving safety course provider approved for a traditional classroom course and for an alternative method of instruction;
[(5)     one member representing a driving safety course provider approved for a traditional classroom course or for an alternative method of instruction;
[(6)]  one driver education [licensed] instructor;
(4)  the division head [(7) one representative] of the Department of Public Safety driver license division or the division head's designee;
[(8)     one member representing a drug and alcohol driving awareness program course provider;
[(9)     one member representing a parent-taught course provider;] and
(5)  one member of [(10) two members representing] the public.
SECTION 5.11.  Section 1001.059(b), Education Code, is amended to read as follows:
(b)  The department may collaborate with another state agency or contract with a licensed driver education provider [school] or a driver education instructor to create the course.
SECTION 5.12.  Subchapter B, Chapter 1001, Education Code, is amended by adding Section 1001.060 to read as follows:
Sec. 1001.060.  COORDINATION WITH DEPARTMENT OF PUBLIC SAFETY. (a) The department shall enter into a memorandum of understanding with the Department of Public Safety for:
(1)  the interagency development of the content of driver's license examinations and examination reference materials; and
(2)  any other matter the agencies consider appropriate.
(b)  The memorandum of understanding must authorize the Department of Public Safety to share with the department any relevant information, including information related to examination results.
SECTION 5.13.  The heading to Subchapter C, Chapter 1001, Education Code, is amended to read as follows:
SUBCHAPTER C. [OPERATION OF] DRIVER EDUCATION AND DRIVING SAFETY CURRICULUM [SCHOOL]
SECTION 5.14.  Section 1001.101, Education Code, is amended to read as follows:
Sec. 1001.101.  ADULT AND MINOR DRIVER EDUCATION COURSE CURRICULUM AND TEXTBOOKS. (a) The commission by rule shall establish or approve the curriculum and designate the educational materials to be used in a driver education course for minors and adults, including a driver education course conducted by a school district, driver education provider [school], or parent or other individual under this chapter.
(b)  The commission by rule shall prescribe the minimum number of hours of classroom instruction, observation instruction, and behind-the-wheel instruction that must be completed for a [A] driver education course to be approved under this chapter [must require the student to complete:
[(1)     7 hours of behind-the-wheel instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent or other individual under Section 1001.112;
[(2)     7 hours of observation instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent or other individual under Section 1001.112; and
[(3)     30 hours of behind-the-wheel instruction, including at least 10   hours of instruction that takes place at night, in the presence of an adult who meets the requirements of Section 521.222(d)(2), Transportation Code].
SECTION 5.15.  Sections 1001.1015(b) and (d), Education Code, are amended to read as follows:
(b)  A driver education course under Subsection (a) must:
(1)  provide at least the minimum number of hours of classroom instruction required by commission rule [be a six-hour course]; and
(2)  include instruction in:
(A)  alcohol and drug awareness;
(B)  the traffic laws of this state;
(C)  highway signs, signals, and markings that regulate, warn, or direct traffic; and
(D)  the issues commonly associated with motor vehicle accidents, including poor decision-making, risk taking, impaired driving, distraction, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, and using a wireless communication device while operating a vehicle.
(d)  A driving safety course [or a drug and alcohol driving awareness program] may not be approved as a driver education course under Subsection (a).
SECTION 5.16.  Sections 1001.1016(b) and (c), Education Code, are amended to read as follows:
(b)  The commission by rule shall require an in-person [a] driver education provider or online driver education provider [school providing a driver education course] to:
(1)  in the manner described by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), make reasonable modifications and provide aids and services when providing the classroom instruction portion of a driver education [the] course that are necessary to ensure that a student who is deaf or hard of hearing may fully participate in the course; and
(2)  provide to the department the provider's [school's] plan for complying with the rules adopted under this section as a condition of obtaining a license under Section 1001.211 or renewing a license [under Section 1001.303].
(c)  The rules adopted under Subsection (b) must allow an in-person [a] driver education provider or online driver education provider [school] to comply with the requirements of this section by playing a video that presents the classroom instruction portion of the driver education course in a manner that complies with the requirements of this section.
SECTION 5.17.  Subchapter C, Chapter 1001, Education Code, is amended by adding Section 1001.1017 to read as follows:
Sec. 1001.1017.  COURSE APPROVAL. A driver training provider shall submit to the commission for approval the course length and curriculum content for each course offered by the provider. The provider may implement a course length and curriculum content only after approval by the commission.
SECTION 5.18.  Section 1001.112, Education Code, is amended to read as follows:
Sec. 1001.112.  PARENT-TAUGHT DRIVER EDUCATION. (a) A person who is eligible under Subsection (b) may conduct [The commission by rule shall provide for approval of] a driver education course approved under Section 1001.1017 for another [conducted by the following persons with the noted relationship to a] person who is required to complete a driver education course to obtain a Class C license. In conducting the course, the person must use course materials provided by a parent-taught driver education provider.
(b)  A person is eligible to conduct a driver education course for another person as provided by Subsection (a) if the person:
(1)  is either:
(A)  a parent, stepparent, foster parent, legal guardian, grandparent, or step-grandparent of the other person; or
(B) [(2)]  an individual who:
(i) [(A)]  has been designated on a form prescribed by the department for purposes of this section by a parent or[, a] legal guardian of the other person[,] or by a judge of a court with jurisdiction over the other person [on a form prescribed by the department];
(ii) [(B)]  is at least 25 years of age [or older];
(iii) [(C)]  does not charge a fee for conducting the course; and
(iv) [(D)]  has at least seven years of driving experience;
(2)  has possessed [and
[(E)     otherwise qualifies to conduct a course under Subsection (a-1).
[(a-1)     The rules must provide that the student driver spend a minimum number of hours in classroom and behind-the-wheel instruction.
[(a-2)     The rules must provide that the person conducting the course:
[(1) possess] a valid license for the preceding three years that has not been suspended, revoked, or forfeited in the past three years for an offense that involves the operation of a motor vehicle;
(3) [(2)]  has not been convicted of:
(A)  criminally negligent homicide; or
(B)  driving while intoxicated in the past seven years; and
(4) [(3)]  has not been convicted during the preceding three years of:
(A)  three or more moving violations described by Section 542.304, Transportation Code, including violations that resulted in an accident; or
(B)  two or more moving violations described by Section 542.304, Transportation Code, that resulted in an accident.
(c)  A person conducting a driver education course under this section may provide the classroom instruction portion, the behind-the-wheel instruction portion, or both portions.
(d) [(b)]  The department may [approve a course described by Subsection (a) if the department determines that the course materials are at least equal to those required in a course approved by the department, and the department may] not require for a course conducted under this section that:
(1)  the classroom instruction be provided in a room with particular characteristics or equipment; or
(2)  the vehicle used for the behind-the-wheel instruction have equipment other than the equipment otherwise required by law for operation of the vehicle on a highway while the vehicle is not being used for driver training.
(e)  A parent-taught driver education provider [(c) The rules must provide a method by which:
[(1)     approval of a course is obtained;
[(2)     an applicant submits proof of completion of the course;
[(3)     approval for delivering course materials by an alternative method, including electronic means, is obtained;
[(4)     a provider of a course approved under this section] may administer to an applicant the highway sign and traffic law parts of the examination as provided by Section 521.1655(a-1), Transportation Code, through electronic means[; and
[(5)     an applicant submits proof of passage of an examination administered under Subdivision (4)].
(f) [(d)     Completion of a driver education course approved under this section has the same effect under this chapter as completion of a driver education course approved by the department.
[(e)] The department may not charge a fee for the submission of proof of:
(1)  completion of a [the] course conducted under this section; or
(2)  passage of an examination administered under Subsection (e) [(c)].
SECTION 5.19.  Sections 1001.151(b) and (c), Education Code, are amended to read as follows:
(b)  The commission by rule shall establish a fee for:
(1)  an initial in-person driver education provider [school] license and for each branch location;
(2)  an initial online driver education provider [driving safety school] license;
(3)  an initial parent-taught driver education [course] provider license[, except that the executive director may waive the fee];
(4)  an initial driving safety provider license;
(5)  the annual renewal for a [course provider,] driving safety provider [school], driver education provider [school], or branch location of an in-person driver education provider, except that the executive director may waive the fee if revenue generated by the issuance of course completion certificate numbers and driver education certificates is sufficient to cover the cost of administering this chapter and Article 45.0511, Code of Criminal Procedure;
(6) [(5)]  a change of address of a driver education provider [school, driving safety school,] or driving safety [course] provider; and
(7) [(6)]  a change of name of:
(A)  a driver education [school or course] provider or an owner of a driver education [school or course] provider; or
(B)  a driving safety provider [school] or an owner of a driving safety provider [school;
[(7)     each additional driver education or driving safety course at a driver training school; and
[(8)     an initial application for approval of a driving safety course that has not been evaluated by the department].
(c)  An application for an initial driver education [or driving safety] instructor license must be accompanied by a processing fee and an annual license fee, except that the department may not collect the processing fee from an applicant [for a driver education instructor license] who is currently teaching a driver education course in a public school in this state.
SECTION 5.20.  The heading to Subchapter E, Chapter 1001, Education Code, is amended to read as follows:
SUBCHAPTER E. LICENSING OF DRIVER TRAINING [SCHOOLS AND COURSE] PROVIDERS
SECTION 5.21.  Section 1001.201, Education Code, is amended to read as follows:
Sec. 1001.201.  LICENSE REQUIRED. (a) A person may not provide:
(1)  [operate a school that provides] a driver education course:
(A)  in person unless the person holds an in-person [a] driver education provider [school] license; or
(B)  online unless the person holds an online driver education provider license;
(2)  driver education course materials to persons conducting parent-taught driver education under Section 1001.112 unless the person holds a parent-taught driver education provider license; or
(3)  [operate a school that provides] driving safety courses unless the person holds a driving safety provider [school] license[; or
[(3)     operate as a course provider unless the person holds a course provider license].
(b)  The commission by rule shall provide for the issuance of a single license to a person who meets the requirements for and seeks to provide driver education courses or driver education course materials under more than one driver education provider license.
SECTION 5.22.  Section 1001.202, Education Code, is amended to read as follows:
Sec. 1001.202.  LOCATIONS FOR IN-PERSON DRIVER EDUCATION PROVIDERS. An in-person [(a) A] driver education provider [school] that teaches a driver education course at one or more branch locations must obtain a separate in-person driver education provider [school] license for its main business location and for each branch location. An in-person [A] driver education provider [school] may not operate a branch location of a branch location.
[(b)     A driving safety school may use multiple classroom locations to teach a driving safety course if each location is approved by the department.]
SECTION 5.23.  Section 1001.204, Education Code, is amended to read as follows:
Sec. 1001.204.  REQUIREMENTS FOR DRIVER EDUCATION PROVIDER [SCHOOL] LICENSE. (a) The commission by rule shall establish the criteria applicable to each [for a] driver education provider [school] license.
(b)  The department shall approve an application for a driver education provider [school] license if the application is submitted on a form approved by the department, the application is accompanied by the fee, and the department determines that the applicant [school]:
(1)  has courses, curricula, and instruction of a quality, content, and length that reasonably and adequately achieve the stated objective for which the courses, curricula, and instruction are offered;
(2)  [has adequate space, equipment, instructional material, and instructors to provide training of good quality in the classroom and behind the wheel, if applicable;
[(3)     has instructors who have adequate educational qualifications and experience;
[(4)] provides to each student before enrollment or each person before contracting for driver education course materials, to the extent applicable:
(A)  a copy of:
(i)  the refund policy;
(ii)  the schedule of tuition, fees, and other charges; and
(iii)  the regulations relating to absence, grading policy, and rules of operation and conduct; and
(B)  the department's name, mailing address, telephone number, and Internet website address for the purpose of directing complaints to the department;
(3)  to the extent applicable, [(5)] maintains adequate records as prescribed by the department to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;
(4) [(6)]  on completion of training, issues each student a certificate indicating the course name and satisfactory completion;
(5) [(7)]  complies with all county, municipal, state, and federal laws [regulations], including [fire, building, and sanitation codes and] assumed name registration and other[, if] applicable requirements;
(6) [(8)]  is financially sound and capable of fulfilling its commitments for training;
(7) [(9)]  maintains and publishes as part of its student enrollment contract or materials contract, as applicable, the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the provider [school] at any time before completion;
(8) [(10)]  does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the department;
(9) [(11)]  does not use a name similar to the name of another existing driver education provider [school] or tax-supported educational institution in this state, unless specifically approved in writing by the executive director;
(10) [(12)]  submits to the department for approval the applicable course hour lengths and curriculum content for each course offered by the provider [school];
(11) [(13)]  does not owe an administrative penalty for a violation of this chapter;
(12)  meets all requirements applicable to the license type under Section 1001.2041, 1001.2042, or 1001.2043; and
(13) [(14)]  meets any additional criteria required by the department, including any applicable inspection requirements[; and
[(15)     provides adequate testing and security measures for the school's method of instruction].
SECTION 5.24.  Subchapter E, Chapter 1001, Education Code, is amended by adding Sections 1001.2041, 1001.2042, and 1001.2043 to read as follows:
Sec. 1001.2041.  REQUIREMENTS FOR IN-PERSON DRIVER EDUCATION PROVIDER. Before an in-person driver education provider license may be issued, the department must determine that the applicant has adequate space, equipment, instructional material, and driver education instructors to provide training of good quality in the classroom and behind the wheel.
Sec. 1001.2042.  REQUIREMENTS FOR ONLINE DRIVER EDUCATION PROVIDER. Before an online driver education provider license may be issued, the department must determine that the applicant has:
(1)  adequate driver education instructors to provide training of good quality; and
(2)  adequate testing and security measures to validate a student's identity and active participation in a driver education course.
Sec. 1001.2043.  REQUIREMENTS FOR PARENT-TAUGHT DRIVER EDUCATION PROVIDER. (a) Before a parent-taught driver education provider license may be issued, the department must determine that the applicant has:
(1)  an adequate method by which a person completing a parent-taught driver education course under Section 1001.112 using the provider's course materials may submit proof of:
(A)  completion of the course; or
(B)  passage of an examination administered by the provider under Section 1001.112(e);
(2)  hired or contracted with only driver education instructors, if the provider elects to hire or contract with an instructor to assist with driver education; and
(3)  adequate testing and security measures to validate a student's active participation in a driver education course conducted using course materials provided remotely through the Internet.
(b)  Except as specifically provided by this chapter, a parent-taught driver education provider that provides driver education course materials remotely through the Internet is not subject to any course or curriculum requirements established by the commission or department for online driver education providers.
SECTION 5.25.  Section 1001.206, Education Code, is amended to read as follows:
Sec. 1001.206.  REQUIREMENTS FOR DRIVING SAFETY [COURSE] PROVIDER LICENSE. (a) The commission by rule shall establish criteria for a driving safety [course] provider license.
(b)  The department shall approve an application for a driving safety [course] provider license if the application is submitted on a form approved by the executive director, includes the fee, and [on inspection of the premises of the school] the department determines that the applicant:
(1)  has driving safety courses, curricula, and instruction of a quality, content, and length that reasonably and adequately achieve the stated objective for which the courses, curricula, and instruction are offered [the course provider has an approved course that at least one licensed driving safety school is willing to offer];
(2)  provides [the course provider has adequate educational qualifications and experience;
[(3)     the course provider will:
[(A)     develop and provide] to each student before enrollment:
(A)  [driving safety school that offers the approved course] a copy of:
(i)  the refund policy; [and]
(ii)  the schedule of tuition, fees, and other charges; and
(iii)  the regulations relating to absence, grading policy, and rules of operation and conduct; and
(B)  [provide to the driving safety school] the department's name, mailing address, telephone number, and Internet website address for the purpose of directing complaints to the department;
(3) [(4)     a copy of the information provided to each driving safety school under Subdivision (3) will be provided to each student by the school before enrollment;
[(5)] not later than the 15th working day after the date a person successfully completes the course, issues [the course provider will issue] and delivers [deliver] to the person by United States mail or commercial or electronic delivery a uniform certificate of course completion indicating the course name and successful completion;
(4) [(6)     the course provider] maintains adequate records as prescribed by the department to show attendance and progress or grades and enforces satisfactory standards relating to attendance, progress, and conduct;
(5) [(7)     the course provider] complies with all county, municipal, state, and federal laws, including assumed name registration and other applicable requirements;
(6) [(8)     the course provider] is financially sound and capable of fulfilling its commitments for training;
(7) [(9)     the course provider] maintains and publishes as a part of its student enrollment contract the proper policy for the refund of the unused portion of tuition, fees, and other charges if a student fails to take the course or withdraws or is discontinued from the provider [school] at any time before completion;
(8)  [(10)     the course provider] does not use erroneous or misleading advertising, either by actual statement, omission, or intimation, as determined by the department;
(9)  [(11)     the course provider] does not use a name similar to the name of another existing driving safety provider [school] or tax-supported educational institution in this state, unless specifically approved in writing by the executive director;
(10)  submits to the department for approval the applicable course hour lengths and curriculum content for each course offered by the provider;
(11)  [(12)     the course provider] does not owe an administrative penalty for a violation of this chapter;
(12)  provides adequate testing and security measures for the provider's method of instruction to validate a student's identity and active participation in a driving safety course; and
(13)  [the course provider] meets any additional criteria required by the department.
SECTION 5.26.  Section 1001.207, Education Code, is amended to read as follows:
Sec. 1001.207.  BOND REQUIREMENTS: DRIVER EDUCATION PROVIDER [SCHOOL]. (a) Before a driver education provider [school] may be issued a license, the provider [school] must file a corporate surety bond with the department in the amount of:
(1)  $10,000 [for the primary location of the school]; and
(2)  for an in-person driver education provider, $5,000 for each branch location of the provider.
(b)  A bond issued under Subsection (a) must be:
(1)  issued in a form approved by the department;
(2)  issued by a company authorized to do business in this state;
(3)  payable to the department to be used only for payment of a refund due to a student or potential student;
(4)  conditioned on the compliance of the provider [school] and its officers, agents, and employees with this chapter and rules adopted under this chapter; and
(5)  issued for a period corresponding to the term of the license.
(c)  Posting of a bond in the amount required under Subsection (a) satisfies the requirements for financial stability for driver education providers [schools] under this chapter.
(d)  A driver education provider who files a bond under Subsection (a)(1) or provides an alternate form of security under Section 1001.210 to obtain one type of driver education provider license may not be required to file an additional bond under Subsection (a)(1) or provide an alternate form of security under Section 1001.210 for any other type of driver education provider license.
SECTION 5.27.  Section 1001.209, Education Code, is amended to read as follows:
Sec. 1001.209.  BOND REQUIREMENTS: DRIVING SAFETY [COURSE] PROVIDER. (a) Before a license may be issued to a driving safety [course] provider, the [course] provider must provide a corporate surety bond in the amount of $10,000.
(b)  A bond issued under Subsection (a) must be:
(1)  issued by a company authorized to do business in this state;
(2)  payable to the department to be used:
(A)  for payment of a refund due a student of the [course] provider's approved driving safety courses [course];
(B)  to cover the payment of unpaid fees or penalties assessed by the executive director or the commission; or
(C)  to recover any cost associated with providing course completion certificate numbers, including the cancellation of certificate numbers;
(3)  conditioned on the compliance of the [course] provider and its officers, agents, and employees with this chapter and rules adopted under this chapter; and
(4)  issued for a period corresponding to the term of the license.
SECTION 5.28.  Section 1001.210, Education Code, is amended to read as follows:
Sec. 1001.210.  ALTERNATE FORM OF SECURITY. Instead of the bond required by Section 1001.207 or 1001.209, a driver education provider [school] or driving safety [course] provider may provide another form of security that is:
(1)  approved by the department; and
(2)  in the amount required for a comparable bond under Section 1001.207 or 1001.209.
SECTION 5.29.  Sections 1001.211(b) and (c), Education Code, are amended to read as follows:
(b)  A license must be in a form determined by the department and must show in a clear and conspicuous manner:
(1)  the date of issuance, effective date, and term of the license;
(2)  the name and address of the driver training [school or course] provider;
(3)  the authority for and conditions of approval; and
(4)  any other fair and reasonable representation that is consistent with this chapter and that the department considers necessary.
(c)  An applicant may obtain both a driver education provider [school] license and a driving safety provider [school] license.
SECTION 5.30.  Sections 1001.213(b), (c), and (d), Education Code, are amended to read as follows:
(b)  If a change in ownership of a driver training [school or course] provider is proposed, a new owner shall apply for a new [school or course] provider license at least 30 days before the date of the change.
(c)  The commission by rule may establish fees for a new driver training [education school or course] provider license under Subsection (b) and, if applicable, for each branch location of an in-person driver education provider if:
(1)  the new owner is substantially similar to the previous owner; and
(2)  there is no significant change in the management or control of the [driver education school or course] provider.
(d)  The department may inspect a driver training provider's main [school] or [a] branch location, as applicable, after a change of ownership.
SECTION 5.31.  Section 1001.214, Education Code, is amended to read as follows:
Sec. 1001.214.  DUPLICATE LICENSE. A duplicate license may be issued to a driver training [school or course] provider if:
(1)  the original license is lost or destroyed; and
(2)  an affidavit of that fact is filed with the department.
SECTION 5.32.  Section 1001.251(a), Education Code, is amended to read as follows:
(a)  Except as authorized under Section 1001.112, a [A] person may not teach or provide driver education[, either as an individual or in a driver education school,] or conduct any phase of driver education[,] unless the person holds a driver education instructor license issued by the executive director.
SECTION 5.33.  Section 1001.2511(e), Education Code, is amended to read as follows:
(e)  The commission may adopt rules to administer this section, including rules establishing:
(1)  deadlines for a person to submit fingerprints and photographs in compliance with this section;
(2)  sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of or refusal to issue a license described by Subsection (a); and
(3)  notification to a driver education provider [school] of relevant information obtained by the department under this section.
SECTION 5.34.  Section 1001.2512, Education Code, is amended to read as follows:
Sec. 1001.2512.  FEES FOR CRIMINAL HISTORY RECORD INFORMATION REVIEW. The commission by rule shall require a person submitting to a national criminal history record information review under Section 1001.2511 or the driver education provider [school] employing the person, as determined by the department, to pay a fee for the review in an amount not to exceed the amount of any fee imposed on an application for certification under Subchapter B, Chapter 21, for a national criminal history record information review under Section 22.0837.
SECTION 5.35.  Section 1001.2513, Education Code, is amended to read as follows:
Sec. 1001.2513.  CONFIDENTIALITY OF INFORMATION. A social security number, driver's license number, other identification number, or fingerprint record collected for a person to comply with Section 1001.2511:
(1)  may not be released except:
(A)  to provide relevant information to driver education providers [schools] or otherwise to comply with Section 1001.2511;
(B)  by court order; or
(C)  with the consent of the person who is the subject of the information;
(2)  is not subject to disclosure as provided by Chapter 552, Government Code; and
(3)  shall be destroyed by the requestor or any subsequent holder of the information not later than the first anniversary of the date the information is received.
SECTION 5.36.  Sections 1001.2514(a) and (d), Education Code, are amended to read as follows:
(a)  A driver education provider [school] shall discharge or refuse to hire as an instructor an employee or applicant for employment if the department obtains information through a criminal history record information review that:
(1)  the employee or applicant has been convicted of:
(A)  a felony offense under Title 5, Penal Code;
(B)  an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or
(C)  an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A) or (B); and
(2)  at the time the offense occurred, the victim of the offense described by Subdivision (1) was under 18 years of age or was enrolled in a public school.
(d)  A driver education provider [school] may discharge an employee who serves as an instructor if the provider [school] obtains information of the employee's conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the provider [school] or the department. An employee discharged under this subsection is considered to have been discharged for misconduct for purposes of Section 207.044, Labor Code.
SECTION 5.37.  Section 1001.2531(b), Education Code, is amended to read as follows:
(b)  An applicant for a driver education instructor license under this section must:
(1)  apply to the department on a form prescribed by the department and under rules adopted by the commission;
(2)  submit with the application a nonrefundable application fee in an amount set by commission rule; and
(3)  present satisfactory evidence to the department that the applicant:
(A)  is at least 21 years of age; and
(B)  [holds a high school diploma or high school equivalency certificate; and
[(C)]  meets any other requirement established by commission rule.
SECTION 5.38.  Sections 1001.255(a), (b), and (c), Education Code, are amended to read as follows:
(a)  The department shall regulate as a driver education provider of the type determined appropriate by the department [school] a driver education instructor who:
(1)  teaches driver education courses in a county having a population of 50,000 or less; and
(2)  does not teach more than 200 students annually.
(b)  An instructor described by Subsection (a) must submit to the department an application for an initial or renewal driver education provider [school] license, together with all required documentation and information.
(c)  The executive director may waive initial or renewal driver education provider [school] license fees.
SECTION 5.39.  Section 1001.301, Education Code, is amended to read as follows:
Sec. 1001.301.  EXPIRATION OF DRIVER TRAINING [SCHOOL OR COURSE] PROVIDER LICENSE. The term of a driver training [education school, driving safety school, or course] provider license may not exceed one year.
SECTION 5.40.  Section 1001.302, Education Code, is amended to read as follows:
Sec. 1001.302.  EXPIRATION OF DRIVER EDUCATION INSTRUCTOR LICENSE. The term of a driver education instructor [or driving safety instructor] license may not exceed one year.
SECTION 5.41.  Section 1001.351, Education Code, is amended to read as follows:
Sec. 1001.351.  DRIVING SAFETY [COURSE] PROVIDER RESPONSIBILITIES. (a) Not later than the 15th working day after the course completion date, a driving safety [course] provider or a person at the [course] provider's facilities shall issue and deliver by United States mail or commercial or electronic delivery a uniform certificate of course completion to a person who successfully completes an approved driving safety course.
(b)  A driving safety [course] provider shall electronically submit to the department in the manner established by the department data identified by the department relating to uniform certificates of course completion issued by the [course] provider.
[(c)     A course provider shall conduct driving safety instructor development courses for its approved driving safety courses.]
SECTION 5.42.  Section 1001.352, Education Code, is amended to read as follows:
Sec. 1001.352.  FEES FOR DRIVING SAFETY COURSE. A driving safety [course] provider shall charge each student:
(1)  at least $25 for a driving safety course; and
(2)  a fee of at least $3 for course materials and for supervising and administering the course.
SECTION 5.43.  Section 1001.353, Education Code, is amended to read as follows:
Sec. 1001.353.  DRIVER TRAINING COURSE AT PUBLIC OR PRIVATE SCHOOL. A driver training provider [school] may conduct a driver training course at a public or private school for students of the public or private school as provided by an agreement with the public or private school. The course is subject to any law applicable to a course conducted at the main business location of the driver training provider [school].
SECTION 5.44.  Section 1001.355, Education Code, is amended to read as follows:
Sec. 1001.355.  WITHHOLDING CERTAIN RECORDS. A driver training provider [school] may withhold a student's diploma or certificate of completion until the student fulfills the student's financial obligation to the provider [school].
SECTION 5.45.  Section 1001.356, Education Code, is amended to read as follows:
Sec. 1001.356.  REQUIREMENT TO CARRY LICENSE. A driver education instructor [or driving safety instructor] shall carry the person's instructor license at all times while instructing a driver education course [or driving safety course].
SECTION 5.46.  Section 1001.357, Education Code, is amended to read as follows:
Sec. 1001.357.  CONTRACT WITH UNLICENSED DRIVER TRAINING PROVIDER [SCHOOL]. A contract entered into with a person for a course of instruction by or on behalf of a person operating an unlicensed driver training provider [school] is unenforceable.
SECTION 5.47.  Section 1001.401, Education Code, is amended to read as follows:
Sec. 1001.401.  CANCELLATION AND SETTLEMENT POLICY. As a condition for obtaining a driver training [education school license or course] provider license, the [school or course] provider must maintain a cancellation and settlement policy that provides a full refund of all money paid by a student if:
(1)  the student cancels the enrollment contract before midnight of the third day, other than a Saturday, Sunday, or legal holiday, after the date the enrollment contract is signed by the student, unless the student successfully completes the course or receives a failing grade on the course examination; or
(2)  the enrollment of the student was procured as a result of a misrepresentation in:
(A)  advertising or promotional materials of the [school or course] provider; or
(B)  a representation made by an owner or employee of the [school or course] provider.
SECTION 5.48.  Section 1001.402, Education Code, is amended to read as follows:
Sec. 1001.402.  TERMINATION POLICY. (a) As a condition for obtaining a driver training provider [education school] license, the provider [school] must maintain a policy for the refund of the unused portion of tuition, fees, and other charges if a student, after expiration of the cancellation period described by Section 1001.401, does not enter the course or withdraws or is discontinued from the course at any time before completion.
(b)  The policy must provide that:
(1)  refunds are based on the period of enrollment computed on the basis of course time expressed in clock hours;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last day of attendance, if the student's enrollment is terminated by the provider [school];
(B)  the date the provider [school] receives written notice from the student; or
(C)  the 10th school day after the last day of attendance;
(3)  if tuition is collected in advance of entrance and if a student does not enter the course [school], terminates enrollment, or withdraws, the provider [school]:
(A)  may retain not more than $50 as an administrative expense; and
(B)  shall refund that portion of the student's remaining classroom tuition and fees and behind-the-wheel tuition and fees that corresponds to services the student does not receive;
(4)  the provider [school] shall refund items of extra expense to the student, including instructional supplies, books, laboratory fees, service charges, rentals, deposits, and all other charges not later than the 30th day after the effective date of enrollment termination if:
(A)  the extra expenses are separately stated and shown in the information provided to the student before enrollment; and
(B)  the student returns to the provider [school] any provider [school] property in the student's possession; and
(5)  refunds shall be completed not later than the 30th day after the effective date of enrollment termination.
SECTION 5.49.  Section 1001.403, Education Code, is amended to read as follows:
Sec. 1001.403.  REFUND FOR DISCONTINUED COURSE. On the discontinuation of a course by a driver training [education school or a course] provider that prevents a student from completing the course, all tuition and fees paid become refundable.
SECTION 5.50.  Sections 1001.404(a) and (c), Education Code, are amended to read as follows:
(a)  If a refund is not timely made, the driver training [education school or course] provider shall pay interest on the amount of the refund. Interest begins to accrue on the first day after the expiration of the refund period and ends on the day preceding the date the refund is made.
(c)  The department may except a driver training [education school or course] provider from the payment of interest if the [school or course] provider makes a good-faith effort to refund tuition, fees, and other charges but is unable to locate the student to whom the refund is owed. On request of the department, the driver training [school or course] provider shall document the effort to locate a student.
SECTION 5.51.  Subchapter I, Chapter 1001, Education Code, is amended by adding Section 1001.405 to read as follows:
Sec. 1001.405.  APPLICABILITY TO PARENT-TAUGHT DRIVER EDUCATION PROVIDER. The commission shall adopt rules as necessary to ensure this subchapter applies as appropriate to a parent-taught driver education provider.
SECTION 5.52.  Section 1001.451, Education Code, is amended to read as follows:
Sec. 1001.451.  PROHIBITED PRACTICES. A person may not:
(1)  use advertising that is false, misleading, or deceptive;
(2)  fail to notify the department of the discontinuance of the operation of a driver training provider [school] before the 15th working day after the date of cessation of classes and make available accurate records as required by this chapter;
(3)  issue, sell, trade, or transfer:
(A)  a uniform certificate of course completion or driver education certificate to a person or driver training provider [school] not authorized to possess the certificate;
(B)  a uniform certificate of course completion to a person who has not successfully completed an approved[, six-hour] driving safety course; or
(C)  a driver education certificate to a person who has not successfully completed a department-approved driver education course;
(4)  negotiate a promissory instrument received as payment of tuition or another charge before the student completes 75 percent of the course, except that before that time the instrument may be assigned to a purchaser who becomes subject to any defense available against the provider [school] named as payee; or
(5)  conduct any part of an approved driver education course [or driving safety course] without having an instructor adequately available [physically present in appropriate proximity] to the student for the type of instruction being given.
SECTION 5.53.  Section 1001.452, Education Code, is amended to read as follows:
Sec. 1001.452.  COURSE OF INSTRUCTION OR PROVISION OF MATERIALS. A driver training provider [school] may not conduct a course of instruction or provide driver education course materials, as applicable, in this state before the date the provider [school] receives the necessary [a] driver training provider [school] license from the department.
SECTION 5.54.  The heading to Section 1001.453, Education Code, is amended to read as follows:
Sec. 1001.453.  DISTRIBUTION OF WRITTEN INFORMATION ON DRIVING SAFETY [COURSE] PROVIDER.
SECTION 5.55.  Sections 1001.453(a) and (b), Education Code, are amended to read as follows:
(a)  A person may not distribute within 500 feet of a court with jurisdiction over an offense to which Article 45.0511, Code of Criminal Procedure, applies written information that advertises a driving safety [course] provider.
(b)  The department may revoke the license of a driving safety [course] provider if the [course] provider or the [course] provider's agent, employee, or representative violates this section.
SECTION 5.56.  Section 1001.455, Education Code, is amended to read as follows:
Sec. 1001.455.  DENIAL, SUSPENSION, OR REVOCATION OF DRIVER EDUCATION INSTRUCTOR LICENSE. (a) The executive director or the commission may deny an application for a driver education [an] instructor license or suspend or revoke the license of a driver education [an] instructor if the instructor:
(1)  fails to meet a requirement for issuance of or holding a license under this chapter;
(2)  permits or engages in misrepresentation, fraud, or deceit in applying for or obtaining a certificate, license, or permit;
(3)  induces fraud or fraudulent practices on the part of an applicant for a driver's license or permit;
(4)  permits or engages in any other fraudulent practice in an action between the applicant or license holder and the public;
(5)  fails to comply with commission rules relating to driver instruction; or
(6)  fails to comply with this chapter.
SECTION 5.57.  Section 106.115(a), Alcoholic Beverage Code, is amended to read as follows:
(a)  On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Department of Licensing and Regulation under this section or [,] a drug education program approved by the Department of State Health Services in accordance with Section 521.374, Transportation Code[, or a drug and alcohol driving awareness program approved by the Texas Education Agency]. On conviction of a minor of an offense under one or more of those sections, the court, in addition to assessing a fine as provided by those sections, shall require a defendant who has not been previously convicted of an offense under one of those sections to attend an alcohol awareness program or[,] a drug education program[, or a drug and alcohol driving awareness program] described by this subsection. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend an alcohol awareness program or [,] a drug education program[, or a drug and alcohol driving awareness program] described by this subsection. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. The Texas Department of Licensing and Regulation or Texas Commission of Licensing and Regulation, as appropriate:
(1)  is responsible for the administration of the certification of approved alcohol awareness programs;
(2)  may charge a nonrefundable application fee for:
(A)  initial certification of the approval; or
(B)  renewal of the certification;
(3)  shall adopt rules regarding alcohol awareness programs approved under this section; and
(4)  shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program.
SECTION 5.58.  Article 45.051(b-1), Code of Criminal Procedure, is amended to read as follows:
(b-1)  If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation:
(1)  Subsection (b)(8) does not apply;
(2)  during the deferral period, the judge[:
[(A)]  shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and
[(B)     may require the defendant to complete an additional driving safety course designed for drivers younger than 25 years of age and approved under Section 1001.111, Education Code; and]
(3)  if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section 521.161(b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously.
SECTION 5.59.  Section 28.012(a)(3), Education Code, is amended to read as follows:
(3)  "Driver training provider [school]" has the meaning assigned by Section 1001.001.
SECTION 5.60.  Section 28.012(e), Education Code, is amended to read as follows:
(e)  Subject to rules adopted by the board, a school district or open-enrollment charter school may tailor the instruction developed under this section as appropriate for the district's or school's community. In tailoring the instruction, the district or school shall solicit input from local law enforcement agencies, driver training providers [schools], and the community.
SECTION 5.61.  Section 29.902(c), Education Code, is amended to read as follows:
(c)  A school district shall consider offering a driver education and traffic safety course during each school year. If the district offers the course, the district may:
(1)  conduct the course and charge a fee for the course in the amount determined by the agency to be comparable to the fee charged by a driver education provider [school] that holds a license under Chapter 1001; or
(2)  contract with a driver education provider [school] that holds a license under Chapter 1001 to conduct the course.
SECTION 5.62.  Section 123.007, Government Code, is amended to read as follows:
Sec. 123.007.  USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS. In addition to using a drug court program established under this chapter, the commissioners court of a county or a court may use other drug awareness [or drug and alcohol driving awareness] programs to treat persons convicted of drug or alcohol related offenses.
SECTION 5.63.  Section 521.165(e), Transportation Code, is amended to read as follows:
(e)  The department may authorize an entity described by Subsection (a), including a driver education provider [school] described by Section 521.1655, to administer the examination required by Section 521.161(b)(2).
SECTION 5.64.  Sections 521.1655(a) and (a-1), Transportation Code, are amended to read as follows:
(a)  An in-person [A] driver education provider or online driver education provider [school] licensed under Chapter 1001, Education Code, may administer to a student of that provider [school] the vision, highway sign, and traffic law parts of the examination required by Section 521.161.
(a-1)  A parent-taught driver education [course] provider licensed [approved] under Chapter 1001, Education Code, [Section 521.205] may administer to a student of that course the highway sign and traffic law parts of the examination required by Section 521.161.
SECTION 5.65.  Sections 521.206(a) and (b), Transportation Code, are amended to read as follows:
(a)  The department shall collect data regarding collisions of students taught by public schools, driver education providers [schools] licensed under Chapter 1001, Education Code, and other entities that offer driver education courses to students for which a uniform certificate of course completion is issued. The collision rate is computed by determining the number of an entity's students who complete a driver education course during a state fiscal year, dividing that number by the number of collisions that involved students who completed such a course and that occurred in the 12-month period following their licensure, and expressing the quotient as a percentage.
(b)  The department shall collect data regarding the collision rate of students taught by course instructors approved under Section 1001.112, Education Code. The collision rate is computed by determining the number of students who completed a course taught [approved] under that section [Section 1001.112, Education Code,] during a state fiscal year, dividing that number by the number of collisions that involved students who completed such a course and that occurred in the 12-month period following their licensure, and expressing the quotient as a percentage.
SECTION 5.66.  Section 521.222(a), Transportation Code, is amended to read as follows:
(a)  The department may issue a learner license, including a Class A or Class B driver's learner license, to a person who:
(1)  is 15 years of age or older but under 18 years of age;
(2)  has satisfactorily completed and passed the classroom phase of an approved driver education course, which may be a course taught [approved] under Section 1001.112, Education Code;
(3)  meets the requirements imposed under Section 521.204(a)(3); and
(4)  has passed each examination required under Section 521.161 other than the driving test.
SECTION 5.67.  Section 542.304(a), Transportation Code, as added by Chapter 1094 (HB 2048), Acts of the 86th Legislature, Regular Session, 2019, is amended to conform to Section 4.40, Chapter 1352 (SB 346), Acts of the 86th Legislature, Regular Session, 2019, and is further amended to read as follows:
(a)  The department by rule shall designate the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law for the purposes of:
(1)  [Article 102.022(a), Code of Criminal Procedure;
[(2)]  Section 1001.112(b)(4) [1001.112(a-2)], Education Code;
(2) [(3)]  Section 411.110(f), Government Code; and
(3) [(4)]  Sections 773.0614(b) and 773.06141(a), Health and Safety Code.
SECTION 5.68.  The following provisions are repealed:
(1)  Article 45.0511(u), Code of Criminal Procedure;
(2)  Sections 1001.001(4), (7), (10), and (11), Education Code;
(3)  Sections 1001.056(a) and (f), Education Code;
(4)  Section 1001.1015(c), Education Code;
(5)  Sections 1001.103 and 1001.111, Education Code;
(6)  Section 1001.151(e), Education Code;
(7)  Sections 1001.205 and 1001.208, Education Code;
(8)  Section 1001.251(b), Education Code;
(9)  Section 1001.2531(a), Education Code;
(10)  Sections 1001.2532, 1001.2533, 1001.2534, 1001.2535, 1001.303, 1001.304, 1001.354, 1001.3541, and 1001.3542, Education Code;
(11)  the heading to Subchapter K, Chapter 1001, Education Code;
(12)  Section 545.412(g), Transportation Code; and
(13)  Section 545.413(i), Transportation Code.
SECTION 5.69.  On December 1, 2021:
(1)  the terms of members serving on the driver training and traffic safety advisory committee under Section 1001.058, Education Code, immediately before that date expire; and
(2)  the presiding officer of the Texas Commission of Licensing and Regulation shall appoint members of the driver training and traffic safety advisory committee having qualifications that correspond as closely as possible to the qualifications provided under the changes in law made by this Act to Section 1001.058, Education Code, with initial terms as follows:
(A)  three members to terms expiring February 1, 2023;
(B)  three members to terms expiring February 1, 2025; and
(C)  three members to terms expiring February 1, 2027.
SECTION 5.70.  Not later than June 1, 2023, the Texas Department of Licensing and Regulation and the Department of Public Safety of the State of Texas shall enter into the memorandum of understanding required by Section 1001.060, Education Code, as added by this article.
SECTION 5.71.  (a) Not later than June 1, 2023, the Texas Commission of Licensing and Regulation shall adopt rules necessary to implement the changes in law made by this article to Chapter 1001, Education Code.
(b)  A driver education school license, driving safety school license, or course provider license issued under Chapter 1001, Education Code, before the date the Texas Department of Licensing and Regulation implements the changes described in Subsection (a) of this section continues to be valid until the date the license expires. On expiration of that license, the license holder shall apply for a new license under Chapter 1001, Education Code, as amended by this article, to continue to provide services for which a license is required by that chapter.
(c)  Notwithstanding Chapter 1001, Education Code, as amended by this article, a person who provides driver education course materials to persons conducting parent-taught driver education under Section 1001.112, Education Code, as amended by this article, is not required to hold a parent-taught driver education provider license under Chapter 1001, Education Code, before November 1, 2023.
SECTION 5.72.  (a) The changes in law made by this article to Section 106.115, Alcoholic Beverage Code, and Article 45.051, Code of Criminal Procedure, with respect to participation in a court-ordered program or course, apply to a court order entered on or after June 1, 2023. A court order entered before that date is governed by the law in effect on the date the order was entered, and the former law is continued in effect for that purpose.
(b)  Notwithstanding Section 5.67 of this article, the Texas Department of Licensing and Regulation by rule shall provide for the continuance of each program or course under Article 45.0511(u), Code of Criminal Procedure, Section 1001.103 or 1001.111, Education Code, or Section 545.412(g) or 545.413(i), Transportation Code, as repealed by this article, until the date on which the department determines that every person subject to a court order entered before June 1, 2023, requiring participation in a program or course under those provisions has had adequate time to complete the program or course in compliance with the court order.
SECTION 5.73.  The repeal by this article of Article 45.0511(u), Code of Criminal Procedure, Sections 1001.103 and 1001.111, Education Code, and Sections 545.412(g) and 545.413(i), Transportation Code, takes effect June 1, 2023.
SECTION 5.74.  To the extent of any conflict, this article prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.
ARTICLE 6. TRANSITION AND EFFECTIVE DATE
SECTION 6.01.  The repeal of a statute by this Act controls over an amendment, revision, or reenactment of the statute by another Act of the 87th Legislature, Regular Session, 2021, regardless of relative dates of enactment and the amendment, revision, or reenactment of the repealed statute has no effect.
SECTION 6.02.  Except as otherwise provided by this Act, this Act takes effect September 1, 2021.

Representative Goldman moved to adopt the conference committee report on HB 1560.

The motion to adopt the conference committee report on HB 1560 prevailed by (Record 1780): 140 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Davis; González, M.; Pacheco; Sherman.

(Goldman in the chair)

HR 2093 - ADOPTED
(by Paddie)

Representative Paddie moved to suspend all necessary rules to take up and consider at this time HR 2093.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2093

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 2 (the governance of the Public Utility Commission of Texas, the Office of Public Utility Counsel, and an independent organization certified to manage a power region) to consider and take action on the following matters:
(1)  House Rule 13, Sections 9(a)(1), (3), and (4), are suspended to permit the committee to amend text not in disagreement, to add text on a matter not in disagreement, and to add text on a matter not included in either the house or senate version of the bill in proposed SECTION 3 of the bill, in amended Sections 39.151(g) and (g-1), Utilities Code, and added Sections 39.151(g-2), (g-3), and (g-4), Utilities Code, to read as follows:
(g)  To maintain certification as an independent organization for the ERCOT power region under this section, an organization's governing body must be composed of persons selected by the ERCOT board selection committee [specified by this section and selected in accordance with formal bylaws or protocols of the organization].
(g-1)  The independent organization's bylaws or protocols must be approved by the commission and must reflect the input of the commission. [The bylaws must specify the process by which appropriate stakeholders elect members and, for unaffiliated members, prescribe professional qualifications for selection as a member.] The bylaws must require that every member of the governing body be a resident of this state and must prohibit a legislator from serving as a member [the use of a professional search firm to identify candidates for membership of unaffiliated members. The process must allow for commission input in identifying candidates]. The governing body must be composed of:
(1)  the chairman of the commission as an ex officio nonvoting member;
(2)  the counsellor as an ex officio voting member representing residential and small commercial consumer interests;
(3)  the chief executive officer of the independent organization as an ex officio nonvoting [voting] member; and
(4)  eight members selected by the selection committee under Section 39.1513 with executive-level experience in any of the following professions:
(A)  finance;
(B)  business;
(C)  engineering, including electrical engineering;
(D)  trading;
(E)  risk management;
(F)  law; or
(G)  electric market design [six market participants elected by their respective market segments to serve one-year terms, with:
[(A)     one representing independent generators;
[(B)     one representing investor-owned utilities;
[(C)     one representing power marketers;
[(D)     one representing retail electric providers;
[(E)     one representing municipally owned utilities; and
[(F)     one representing electric cooperatives;
[(5)     one member representing industrial consumer interests and elected by the industrial consumer market segment to serve a one-year term;
[(6)     one member representing large commercial consumer interests selected in accordance with the bylaws to serve a one-year term; and
[(7)     five members unaffiliated with any market segment and selected by the other members of the governing body to serve three-year terms].
(g-2)  Members [(g-1) The presiding officer] of the governing body are entitled to receive a salary for their service [must be one of the members described by Subsection (g)(7)].
(g-3)  A person does not qualify for selection as a member of the governing body of an independent organization for the ERCOT power region if the person has a fiduciary duty or assets in the electricity market for that region.
(g-4)  To maintain certification as an independent organization under this section, the organization's governing body may not include more than two members who are employed by an institution of higher education, as defined by Section 61.003, Education Code, in a professorial role.
Explanation: This change is necessary to provide for the composition of the governing body of an independent organization certified under Section 39.151, Utilities Code, for the Electric Reliability Council of Texas power region and to establish requirements relating to the eligibility and selection of members of the governing body.
(2)  House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 3 of the senate engrossment of SB 2 and the corresponding bill as the bill was amended by the house in added Section 39.151(g-2), Utilities Code. The omitted text reads:
(g-2)  A person does not qualify for appointment as a member of the governing body of an independent organization under Subsection (g)(3) or (7) if the person is required to register as a lobbyist under Chapter 305, Government Code. In making an appointment under Subsection (g)(3) or (7), the governor:
(1)  shall give preference to a person who has executive-level business experience representing a range of industries; and
(2)  may consider a person recommended by the legislature.
(g-2)  A person does not qualify for selection as a member of the governing body of an independent organization under Subsection (g)(3) or (7) if the person is required to register as a lobbyist under Chapter 305, Government Code. In making a selection under Subsection (g)(3) or (7), the members of the governing body shall give preference to a person who has executive-level business experience representing a range of industries.
Explanation: The change is necessary to omit the qualification and selection requirements.
(3)  House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 3 of the senate engrossment of SB 2 and the corresponding bill as the bill was amended by the house in added Section 39.151(g-3), Utilities Code. The omitted text reads:
(g-3)  Members of the governing body of an independent organization certified under this section must serve staggered terms. A member described by Subsection (g)(4) or (5) must serve a term that expires in an even-numbered year. A member described by Subsection (g)(6) or (7) must serve a term that expires in an odd-numbered year. As soon as practicable after the date a member of the governing body's term expires, the appropriate authority must appoint or arrange for the election of a replacement in the same manner as the original appointment or election. If a vacancy occurs on the governing body, the appropriate authority must appoint or arrange for the election of a successor in the same manner as the original appointment or election to serve for the remainder of the unexpired term.
Explanation: The change is necessary to omit the term and vacancy requirements.
(4)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTION to the bill:
SECTION 4.  Subchapter D, Chapter 39, Utilities Code, is amended by adding Section 39.1513 to read as follows:
Sec. 39.1513.  ERCOT BOARD SELECTION COMMITTEE. (a) The ERCOT board selection committee is composed of:
(1)  one member appointed by the governor;
(2)  one member appointed by the lieutenant governor; and
(3)  one member appointed by the speaker of the house of representatives.
(b)  A person may not be appointed as a member of the committee unless the person is a resident of this state.
(c)  A member of the committee is not entitled to compensation for serving as a member but is entitled to reimbursement for actual and necessary expenses incurred in performing the official duties of office.
(d)  The committee shall select members eligible under Section 39.151 to serve on the governing body of an independent organization certified under that section for the ERCOT power region and shall designate the chair and vice chair of the governing body from those members.
(e)  The ERCOT board selection committee shall retain an outside consulting firm to help select members of the governing body under Subsection (d).
Explanation: The addition is necessary to provide for the creation of a committee to select the members of a governing body of an independent organization certified under Section 39.151, Utilities Code, for the Electric Reliability Council of Texas power region.
(5)  House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 4 of the senate engrossment of SB 2 and the corresponding bill as the bill was amended by the house that would require an independent organization certified by the Public Utility Commission of Texas under Section 39.151, Utilities Code, to modify the organization to comply with Section 39.151, Utilities Code, as amended by the bill, not later than September 1, 2021. The omitted language reads: "not later than September 1, 2021".
Explanation: The omission is necessary to provide sufficient time for the ERCOT Board Selection Committee to be formed and for the committee to select members of the governing body of the independent organization certified under Section 39.151, Utilities Code, for the Electric Reliability Council of Texas power region.

HR 2093 was adopted by (Record 1781): 136 Yeas, 0 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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; Walle; White; Wilson; Wu; Zwiener.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Burns; Collier; Geren; Johnson, J.D.; Landgraf; Pacheco; Stephenson.

SB 2 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Paddie submitted the conference committee report on SB 2.

Representative Paddie moved to adopt the conference committee report on SB 2.

The motion to adopt the conference committee report on SB 2 prevailed by (Record 1782): 132 Yeas, 5 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; 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; González, M.; 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; Martinez; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Hinojosa; Martinez Fischer; Ramos; Rodriguez; Rosenthal.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anchia; Bowers; González, J.; Johnson, J.D.; Ortega; Pacheco; Turner, C.

STATEMENTS OF VOTE

When Record No. 1782 was taken, I was in the house but away from my desk. I would have voted yes.

Anchia

When Record No. 1782 was taken, my vote failed to register. I would have voted yes.

Bowers

When Record No. 1782 was taken, I was shown voting yes. I intended to vote no.

Meza

HR 2085 - ADOPTED
(by Paddie)

The following privileged resolution was laid before the house:

HR 2085

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 3 (preparing for, preventing, and responding to weather emergencies and power outages; increasing the amount of administrative and civil penalties) to consider and take action on the following matter:
(1)  House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting proposed Sections 39.110(a) and (b), Utilities Code. The omitted text prohibited the offering of certain wholesale indexed electric products to residential or small commercial customers. The omitted text reads:
Sec. 39.110.  WHOLESALE INDEXED PRODUCTS PROHIBITED. (a) In this section, "wholesale indexed product" means a retail electric product in which the price a customer pays for electricity includes a direct pass-through of real-time settlement point prices determined by the independent organization certified under Section 39.151 for the ERCOT power region.
(b)  A retail electric provider may not offer a wholesale indexed product to a residential or small commercial customer.
Sec. 39.110.  WHOLESALE INDEXED PRODUCTS. (a) In this section, "wholesale indexed product" means a retail electric product in which the price a customer pays for electricity includes a direct pass-through of real-time settlement point prices determined by the independent organization certified under Section 39.151 for the ERCOT power region.
(b)  Except as provided by Subsection (c), an aggregator, a broker, or a retail electric provider may not offer a wholesale indexed product to a residential or small commercial customer.
Explanation: The omission of the text is necessary to remove the prohibition of the offering of certain wholesale indexed electric products to residential or small commercial customers.
(2)  House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding proposed SECTION 37 of the bill:
SECTION 37.  The Texas Electricity Supply Chain Security and Mapping Committee shall produce the map required under Section 38.203, Utilities Code, as added by this Act, not later than September 1, 2022.
Explanation: The addition of the text is necessary to require the Texas Electricity Supply Chain Security and Mapping Committee to produce the map required under added Section 38.203, Utilities Code, not later than September 1, 2022.

HR 2085 was adopted by (Record 1783): 137 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; 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; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; 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; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.

Nays — Middleton; Schofield.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Anchia; Johnson, J.D.; Meza; Pacheco; Slaton.

STATEMENTS OF VOTE

When Record No. 1783 was taken, I was in the house but away from my desk. I would have voted yes.

Anchia

When Record No. 1783 was taken, I was in the house but away from my desk. I would have voted yes.

Slaton

When Record No. 1783 was taken, I was shown voting yes. I intended to vote no.

Toth

When Record No. 1783 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 3 - RULES SUSPENDED
CONFERENCE COMMITTEE REPORT ADOPTED

Representative Paddie moved to suspend all necessary rules to submit at this time the conference committee report on SB 3.

The motion prevailed.

Representative Paddie submitted the conference committee report on SB 3.

SB 3 - REMARKS

REPRESENTATIVE REYNOLDS: Chairman Paddie, I, like many people, appreciate the great work that you've done this session and all of the members that worked on State Affairs and Energy Resources to make sure that the calamity––the catastrophic failure of our energy industry—did not happen again. There were many people across the state, all 254 counties, that were impacted and we heard a lot of outrage all over the state. And as the energy capital of the world being Texas, this was not a good look for Texas in terms of what happened. You would agree with that, correct?

REPRESENTATIVE PADDIE: I absolutely would agree and certainly we would never want our citizens to experience things like that, but also, folks all over the world look at Texas, right? And certainly we don't want a situation where people have any doubt in our ability to take care of our infrastructure and be able to meet the needs of our citizens.

REYNOLDS: So I want to ask you a few questions, because there have been some recent op-eds that we haven't really done as much to address the crisis. Have you seen some of those articles?

PADDIE: I've seen a few of them.

REYNOLDS: So I kind of wanted to have a little conversation with you to basically address, just similar to Representative Beckley, do you believe that we've met the best practices? We've heard from industry. We've heard from various stakeholders. Did we do what we needed to do this session to ensure with confidence that we're doing what we can to protect critical infrastructure to make sure that the proper weatherization is there, from whether it's frigid cold or even summer heat, and to make sure that we don't ever have that situation happen again? Most recent reports are––I don't know because it hasn't been verified––that instead of the 200 number that I thought we lost, that the numbers could be that we lost up to 700 Texans. Have you heard that number?

PADDIE: I have, and it's very unfortunate.

REYNOLDS: So one Texan is too much, and then we know that this is the most costly disaster in Texas history, even exceeding the cost of Hurricane Harvey. So what would you say so that we can assure Texans that we've done everything that we can do this session with respect to building resiliency, so we don't have that situation happen again?

PADDIE: Well, I would say, Mr. Reynolds, that members can feel confident going home that we did our work to, first of all, discover what the problems were—and you were a part of those early hearings as well—and then come up with solutions. And I think we've done that—again, with those main buckets being oversight and accountability. We just did some work as well as it relates to ERCOT reorganization—a significant change that I think is going to better serve the citizens of Texas—and also with the PUC as well to ensure oversight and accountability and that there's compliance when it comes to weatherization and some of these things like emergency operation plans and things of that nature and that when there's not compliance, that there's enforcement. I think that we've taken great steps there. We know that there were tremendous communication failures throughout the system, and I feel like we've gone a long way toward being able to address those things, too, through some of the creation and formalization of who should be at the table in planning and also working on the mapping of critical infrastructure as well. And then there's the requirement that once we've identified this critical infrastructure, that there's an expectation and a requirement.

REYNOLDS: And Chairman Paddie, I agree with that, and I'm glad that you put that on the record. One of the only—not the only—but one of the critical things that I think was missed is that we did not look at whether or not climate change had an impact upon the extreme weather that we've experienced. We've experienced several 100-year events within the last several years. Would you agree we also need to look at climate change as well? Or study the impact of climate change that it may have?

PADDIE: Well, I guess what I'd say, Mr. Reynolds, is we may disagree on what the causes are, but I think it's difficult to argue that we're seeing some unusual weather patterns. We're seeing some of these things with more frequency, again, so it's kind of hard to deny that we obviously have to be able to operate during those type of situations. You know, as far as the reasons for that, I mean, obviously, that's always a point of discussion, but clearly we need to be taking that into account. I would tell you that Ms. Howard actually put an amendment in this bill that also included that the state climatologist would be someone who is consulted in this process as well and that could provide meaningful expertise as it relates to how we plan for these future events.

REYNOLDS: I would just lastly say, would you agree that it's prudent that we make sure that we're using best practices, including relying upon science, when we make decisions that are critical to our state and our infrastructure?

PADDIE: I'm sorry, could you repeat that?

REYNOLDS: That we rely upon science and experts.

PADDIE: I think we should always rely on facts in all of our deliberations, whether that's weather-related or the facts of some of these structural issues that we experienced.

REYNOLDS: And the reason I bring that up, Chairman Paddie, is because, if you recall when this disaster first happened, Governor Abbott, one of the first things he said––he kind of walked it back––was that he talked about wind and the renewables. Do you remember that? It was almost a blame on wind and solar that they felt, and he kind of walked that back. So there was an initial reaction that there was more of almost a partisan response, and then it was kind of walked back. And then we looked and we saw there was a failure in every aspect of our system. Would you agree with that?

PADDIE: Absolutely, we saw failures in––all types of generation had failures in this event.

REYNOLDS: And so SB 3 addresses those failures, correct?

PADDIE: I believe it does.

Representative Paddie moved to adopt the conference committee report on SB 3.

The motion to adopt the conference committee report on SB 3 prevailed by (Record 1784): 142 Yeas, 0 Nays, 2 Present, not voting.

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

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Frullo; Pacheco.

HR 2006 - ADOPTED
(by Leach)

The following privileged resolution was laid before the house:

HR 2006

BE IT RESOLVED by the House of Representatives of the State of Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 3774 (the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government) to consider and take action on the following matter:
House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 1.01(c) of the bill, providing for the creation of the 478th Judicial District (Bell County), to read as follows:
(c)  The 478th Judicial District is created on January 1, 2022.
Explanation: This change is necessary to allow for the creation of the 478th Judicial District (Bell County) on January 1, 2022.

HR 2006 was adopted by (Record 1785): 140 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Dean; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; 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; Goldman(C).

Absent, Excused — Coleman; Herrero; Longoria; Lucio.

Absent — Davis; Deshotel; Gervin-Hawkins; Pacheco.

HB 3774 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Leach submitted the following conference committee report on HB 3774:

Austin, Texas, May 29, 2021

The Honorable Dan Patrick
President of the Senate

The Honorable Dade Phelan
Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3774 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Huffman
Leach
Campbell
J.E. Johnson
Nelson
Moody
Hughes
Schofield
Hinojosa
Smith
On the part of the senate
On the part of the house




HB 3774, A bill to be entitled An Act relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.01.  (a) Section 24.129(b), Government Code, is amended to read as follows:
(b)  The 27th, 146th, 169th, 264th, [and] 426th, and 478th judicial districts have concurrent jurisdiction in Bell County.
(b)  Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60022 to read as follows:
Sec. 24.60022.  478TH JUDICIAL DISTRICT (BELL COUNTY). (a) The 478th Judicial District is composed of Bell County.
(b)  The terms of the 478th District Court begin on the first Mondays in January, April, July, and October.
(c)  Section 24.129, relating to the 27th District Court, contains provisions applicable to both that court and the 478th District Court.
(c)  The 478th Judicial District is created on January 1, 2022.
SECTION 1.02.  (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60027 to read as follows:
Sec. 24.60027.  482ND JUDICIAL DISTRICT (HARRIS COUNTY). The 482nd Judicial District is composed of Harris County.
(b)  The 482nd Judicial District is created on the effective date of this Act.
SECTION 1.03.  (a) Effective January 1, 2022, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60030 to read as follows:
Sec. 24.60030.  485TH JUDICIAL DISTRICT (TARRANT COUNTY). (a) The 485th Judicial District is composed of Tarrant County.
(b)  The 485th District Court shall give preference to criminal matters.
(b)  The 485th Judicial District is created on January 1, 2022.
SECTION 1.04.  (a) Effective October 1, 2022, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60025 to read as follows:
Sec. 24.60025.  480TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 480th Judicial District is composed of Williamson County.
(b)  The 480th Judicial District is created on October 1, 2022.
SECTION 1.05.  (a) Effective January 1, 2022, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60026 to read as follows:
Sec. 24.60026.  481ST JUDICIAL DISTRICT (DENTON COUNTY). The 481st Judicial District is composed of Denton County.
(b)  The 481st Judicial District is created on January 1, 2022.
SECTION 1.06.  (a) Effective September 1, 2022, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60028 to read as follows: