FORTY-FOURTH DAY --- WEDNESDAY, APRIL 19, 2023

The house met at 10:32 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 301).

Present — Mr. Speaker(C); Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Absent, Excused — Leo-Wilson.

The invocation was offered by the Reverend Jakob N. Hurlimann, chaplain, as follows:

God of life and love, we desire to know you and to love you. Yet we know that without your assistance, we are incapable of this lofty goal. Send your spirit, then, we humbly pray, into our hearts this day, that we may not only have a sentiment of that devotion, but that it may truly bear fruit in the decisions of our lives, privately and publicly. May this spirit of mutual charity drive out any discord, bitterness, or cynicism from this place. Grant this, we pray, through Christ our Lord. Amen.

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

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

Leo-Wilson on motion of Noble.

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

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. 9).

On motion of Representative Metcalf and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

At 10:35 a.m., the following committee meetings were announced:

House Administration, upon final recess today, Desk 30, for a formal meeting, to consider pending business.

Corrections, upon final recess today, Desk 25, for a formal meeting, to consider pending business.

Culture, Recreation, and Tourism, upon final recess today, 1W.14, for a formal meeting, to consider pending and referred business.

Natural Resources, upon final recess today, Desk 1, for a formal meeting, to consider pending and referred business.

The chair presented Dr. Marian Allen of Spring as the "Doctor for the Day."

The house welcomed Dr. Allen and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

Representative Kacal moved to suspend all necessary rules to take up and consider at this time HCR 85.

The motion prevailed.

The following resolution was laid before the house:

HCR 85, In memory of Gus Franklin Mutscher, former Speaker of the Texas House of Representatives.

HCR 85 was unanimously adopted by a rising vote.

On motion of Representative Craddick, the names of all the members of the house were added to HCR 85 as signers thereof.

The chair recognized Representative Kacal who introduced family members of the Honorable Gus Franklin Mutscher, former Speaker of the Texas House of Representatives.

Representative Hefner moved to suspend all necessary rules to take up and consider at this time HR 1079.

The motion prevailed.

The following resolution was laid before the house:

HR 1079, In memory of retired Texas Department of Public Safety trooper Brian Clint Worley.

HR 1079 was unanimously adopted by a rising vote.

Representative Goodwin moved to suspend all necessary rules to take up and consider at this time HR 1166.

The motion prevailed.

The following resolution was laid before the house:

HR 1166, Commending first responders for coming to the aid of their fellow citizens during the winter storm of late January and early February 2023.

HR 1166 was adopted.

Representative J.D. Johnson moved to suspend all necessary rules to take up and consider at this time HR 1142.

The motion prevailed.

The following resolution was laid before the house:

HR 1142, Congratulating nine Harmony Public Schools campuses on receiving State Schools of Character designation from Character.org.

HR 1142 was adopted.

Representative Meza moved to suspend all necessary rules to take up and consider at this time HR 1107.

The motion prevailed.

The following resolution was laid before the house:

HR 1107, Commemorating Abigail Castro for her service to the office of State Representative Terry Meza.

HR 1107 was adopted.

Representative Anderson moved to suspend all necessary rules to take up and consider at this time HR 1164.

The motion prevailed.

The following resolution was laid before the house:

HR 1164, Recognizing April 19, 2023, as Texas State Technical College Day at the State Capitol.

HR 1164 was adopted.

Representative S. Thompson moved to reconsider the vote by which HJR 45 was adopted by Record No. 293 on April 18.

The motion to reconsider prevailed.

The chair laid before the house, on its second reading and passage to engrossment,

HJR 45, A joint resolution proposing a constitutional amendment authorizing a local option exemption from ad valorem taxation by a county of a portion of the value of the residence homestead of a physician who provides health care services for which the physician agrees not to seek payment from any source, including the Medicaid program or otherwise from this state or the federal government, to county residents who are indigent or who are Medicaid recipients.

HJR 45 was read second time on April 18 and was adopted by Record No. 293.

HJR 45 failed of adoption by (Record 302): 71 Yeas, 73 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Frazier; Gerdes; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Holland; Howard; Hunter; Isaac; Jetton; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Longoria; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Plesa; Price; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Stucky; Swanson; Thierry; Thimesch; Troxclair; VanDeaver; Wilson.

Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Cain; Campos; Canales; Cole; Collier; Darby; Davis; Flores; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Harrison; Hayes; Hernandez; Herrero; Hinojosa; Hull; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Sherman; Slaton; Slawson; Smith; Smithee; Spiller; Talarico; Tepper; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner; Vasut; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Dutton; Kacal; Lopez, J.; Lozano.

When Record No. 302 was taken, I was shown voting no. I intended to vote yes.

Campos

When Record No. 302 was taken, I was shown voting no. I intended to vote yes.

Gervin-Hawkins

When Record No. 302 was taken, I was shown voting no. I intended to vote yes.

Guerra

When Record No. 302 was taken, I was shown voting yes. I intended to vote no.

Longoria

When Record No. 302 was taken, I was in the house but away from my desk. I would have voted yes.

J. Lopez

When Record No. 302 was taken, I was shown voting yes. I intended to vote no.

Swanson

When Record No. 302 was taken, I was shown voting yes. I intended to vote no.

Wilson

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

HB 1500, A bill to be entitled An Act relating to the continuation and functions of the Public Utility Commission of Texas and the Office of Public Utility Counsel, and the functions of the independent organization certified for the ERCOT power region.

HB 1500 was passed by (Record 303): 140 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Flores.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bhojani; Campos; Harless; Lozano; Meza; Rose; Troxclair.

When Record No. 303 was taken, I was in the house but away from my desk. I would have voted yes.

Bhojani

When Record No. 303 was taken, I was shown voting no. I intended to vote yes.

Flores

When Record No. 303 was taken, my vote failed to register. I would have voted yes.

Rose

HB 1565, A bill to be entitled An Act relating to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee.

HB 1565 was passed by (Record 304): 141 Yeas, 4 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Cain; Slaton; Tinderholt; Toth.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bhojani; King, T.; Orr.

When Record No. 304 was taken, I was in the house but away from my desk. I would have voted yes.

Bhojani

When Record No. 304 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 304 was taken, I was in the house but away from my desk. I would have voted yes.

Orr

HB 2127, A bill to be entitled An Act relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.

REPRESENTATIVE J.E. JOHNSON: You have specifically, repeatedly said this bill does not preempt any city's nondiscrimination ordinance. To establish legislative intent, can you please explain why you believe this bill does not preempt nondiscrimination ordinances?

REPRESENTATIVE BURROWS: For all the reasons I articulated yesterday, it does not. The authority has specifically been given to cities under the Labor Code on employment. The Fair Housing Act, actually, comes into this, and I'm happy to explain it in more detail, but clearly it does not.

Representative J.E. Johnson moved to print remarks between Representative Burrows and Representative J.E. Johnson on HB 2127.

The motion prevailed.

HB 2127 was passed by (Record 305): 92 Yeas, 55 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Price; Ramos; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — King, T.

When Record No. 305 was taken, I was shown voting yes. I intended to vote no.

Ordaz

When Record No. 305 was taken, I was shown voting yes. I intended to vote no.

Ramos

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

HB 1646, A bill to be entitled An Act relating to the use of water withdrawn from the Edwards Aquifer.

HB 1646 was passed by (Record 306): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Morrison; Raney; Rose.

When Record No. 306 was taken, I was in the house but away from my desk. I would have voted yes.

Morrison

When Record No. 306 was taken, I was in the house but away from my desk. I would have voted yes.

Raney

When Record No. 306 was taken, my vote failed to register. I would have voted yes.

Rose

HB 1255, A bill to be entitled An Act relating to limitations periods in arbitration proceedings.

HB 1255 was passed by (Record 307): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 1704, A bill to be entitled An Act relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state; authorizing a fee.

HB 1704 was passed by (Record 308): 116 Yeas, 31 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Sherman; Shine; Spiller; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Anderson; Bell, C.; Bonnen; Bumgarner; Cain; DeAyala; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harrison; Hayes; Hefner; Hull; Noble; Patterson; Paul; Schaefer; Shaheen; Slaton; Slawson; Smith; Smithee; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Campos.

When Record No. 308 was taken, I was shown voting no. I intended to vote yes.

Gates

When Record No. 308 was taken, I was shown voting yes. I intended to vote no.

Goldman

When Record No. 308 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 308 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 308 was taken, I was shown voting yes. I intended to vote no.

Schatzline

HB 821, A bill to be entitled An Act relating to the placement of electric vehicle charging equipment on state property.

HB 821 was passed by (Record 309): 117 Yeas, 29 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Bonnen; Bumgarner; Cain; Gates; Harris, C.E.; Harrison; Hayes; Hefner; Hull; Isaac; Kitzman; Noble; Oliverson; Patterson; Paul; Schaefer; Schatzline; Schofield; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Troxclair; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bhojani; Frank.

When Record No. 309 was taken, I was in the house but away from my desk. I would have voted yes.

Bhojani

When Record No. 309 was taken, I was shown voting yes. I intended to vote no.

Stucky

HB 3478, A bill to be entitled An Act relating to mediation of certain fee disputes between towing companies and motor carriers.

HB 3478 was passed by (Record 310): 122 Yeas, 24 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Lalani; Lambert; Landgraf; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Bumgarner; Cain; Canales; Capriglione; Cook; DeAyala; Frazier; Harrison; Hull; Isaac; Klick; Kuempel; Leach; Murr; Noble; Oliverson; Schaefer; Slaton; Slawson; Tinderholt; Toth; Vasut; Wilson.

Present, not voting — Mr. Speaker(C); Johnson, J.D.

Absent, Excused — Leo-Wilson.

Absent — Gates.

When Record No. 310 was taken, I was in the house but away from my desk. I would have voted no.

Gates

When Record No. 310 was taken, I was shown voting yes. I intended to vote no.

C.E. Harris

HB 1922, A bill to be entitled An Act relating to periodic reauthorization of municipal building permit fees.

HB 1922 was passed by (Record 311): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bumgarner; Campos.

When Record No. 311 was taken, my vote failed to register. I would have voted yes.

Bumgarner

HB 1925, A bill to be entitled An Act relating to the continuation of a health care provider participation program by the Harris County Hospital District.

HB 1925 was passed by (Record 312): 134 Yeas, 9 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Cain; Gates; Harrison; Hayes; Schaefer; Slaton; Tinderholt; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Campos; Garcia; Hefner; Jones, V.; Vasut.

When Record No. 312 was taken, I was in the house but away from my desk. I would have voted yes.

Campos

When Record No. 312 was taken, I was in the house but away from my desk. I would have voted yes.

Garcia

When Record No. 312 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 312 was taken, I was in the house but away from my desk. I would have voted yes.

V. Jones

When Record No. 312 was taken, I was shown voting yes. I intended to vote no.

Slawson

When Record No. 312 was taken, I was in the house but away from my desk. I would have voted no.

Vasut

HB 2556, A bill to be entitled An Act relating to the licensing and regulation of physician graduates and the authority of an insured to select a physician graduate under the insured's health insurance policy; requiring an occupational license; authorizing fees.

HB 2556 was passed by (Record 313): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Campos; Garcia.

When Record No. 313 was taken, I was in the house but away from my desk. I would have voted yes.

Campos

When Record No. 313 was taken, I was in the house but away from my desk. I would have voted yes.

Garcia

HB 2802, A bill to be entitled An Act relating to the Medicaid application form and communication with Medicaid recipients.

HB 2802 was passed by (Record 314): 120 Yeas, 27 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Sherman; Shine; Smith; Smithee; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.

Nays — Bell, C.; Bell, K.; Buckley; Cain; DeAyala; Gates; Gerdes; Harris, C.J.; Harrison; Hayes; Hefner; Kitzman; Oliverson; Patterson; Paul; Schaefer; Schofield; Shaheen; Slaton; Slawson; Spiller; Stucky; Tinderholt; Toth; Troxclair; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Burns.

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

Anderson

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

C.E. Harris

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 314 was taken, I was shown voting yes. I intended to vote no.

Swanson

HB 2016, A bill to be entitled An Act relating to the eligibility requirements for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor.

HB 2016 was passed by (Record 315): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 1589, A bill to be entitled An Act relating to increasing the criminal penalty for certain family violence assaults.

HB 1589 was passed by (Record 316): 144 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Canales.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Campos; Hunter; Thierry.

When Record No. 316 was taken, I was in the house but away from my desk. I would have voted yes.

Hunter

HB 1737, A bill to be entitled An Act relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.

HB 1737 was passed by (Record 317): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Wu.

When Record No. 317 was taken, my vote failed to register. I would have voted yes.

Wu

HB 598, A bill to be entitled An Act relating to creating the criminal offense of possession of an animal by a person who has been previously convicted of an offense involving animal cruelty.

Representative Shaheen moved to postpone consideration of HB 598 until the end of today's calendar.

The motion prevailed.

HB 579, A bill to be entitled An Act relating to procedures for the alternative assessment or exemption from assessment of certain public school students that receive special education services and alternative accountability plans for certain campuses serving students that receive special education services.

HB 579 was passed by (Record 318): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Harrison; Shaheen; Wu.

HB 219, A bill to be entitled An Act relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.

HB 219 was passed by (Record 319): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Longoria; Shaheen.

When Record No. 319 was taken, I was in the house but away from my desk. I would have voted yes.

Longoria

HB 252, A bill to be entitled An Act relating to the eligibility for an order of nondisclosure of criminal history record information of a criminal defendant who has successfully completed a specialty court program.

HB 252 was passed by (Record 320): 145 Yeas, 3 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Cain; Harris, C.E.; Slaton.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

When Record No. 320 was taken, I was shown voting no. I intended to vote yes.

Cain

When Record No. 320 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 320 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 320 was taken, I was shown voting yes. I intended to vote no.

Toth

When Record No. 320 was taken, I was shown voting yes. I intended to vote no.

Wilson

HB 105, A bill to be entitled An Act relating to excluding the furnishing of an academic transcript from the definition of "information service" for purposes of sales and use taxes.

HB 105 was passed by (Record 321): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Frazier; Garcia; Schaefer.

When Record No. 321 was taken, I was in the house but away from my desk. I would have voted yes.

Frazier

When Record No. 321 was taken, I was in the house but away from my desk. I would have voted yes.

Garcia

HB 1381, A bill to be entitled An Act relating to the public hearing requirement for a preliminary zoning report made by a zoning commission.

HB 1381 was passed by (Record 322): 144 Yeas, 4 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Canales; Cunningham; Holland; Oliverson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

When Record No. 322 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 322 was taken, I was shown voting yes. I intended to vote no.

Schaefer

HB 1429, A bill to be entitled An Act relating to the definitions of family violence and household member for purposes of crime victims' compensation.

HB 1429 was passed by (Record 323): 103 Yeas, 44 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shaheen; Sherman; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Nays — Ashby; Buckley; Bumgarner; Cain; Cook; Dean; DeAyala; Gates; Goldman; Harless; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Klick; Landgraf; Leach; Metcalf; Murr; Noble; Paul; Price; Raney; Schaefer; Schatzline; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Rogers.

When Record No. 323 was taken, I was shown voting yes. I intended to vote no.

Kuempel

HB 1106, A bill to be entitled An Act relating to the training of and the provision of acupuncture services by an acudetox specialist.

HB 1106 was passed by (Record 324): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 3211, A bill to be entitled An Act relating to a campus of the Texas State Technical College System located in Denton County.

HB 3211 was passed by (Record 325): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 3115, A bill to be entitled An Act relating to the eligibility of certain retired or former district court judges for assignment as a visiting judge.

HB 3115 was passed by (Record 326): 92 Yeas, 54 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Sherman; Talarico; Tepper; Thierry; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Nays — Anderson; Bell, K.; Bonnen; Bumgarner; Cain; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Johnson, A.; Jones, J.; Klick; Kuempel; Metcalf; Morrison; Noble; Oliverson; Patterson; Paul; Raney; Rogers; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bernal; Manuel.

When Record No. 326 was taken, I was shown voting no. I intended to vote present, not voting.

A. Johnson

When Record No. 326 was taken, I was shown voting no. I intended to vote yes.

Kuempel

When Record No. 326 was taken, I was in the house but away from my desk. I would have voted yes.

Manuel

When Record No. 326 was taken, I was shown voting yes. I intended to vote no.

Schatzline

HB 4015, A bill to be entitled An Act relating to the disposition of certain fees collected for the rail safety program.

HB 4015 was passed by (Record 327): 145 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

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

Absent, Excused — Leo-Wilson.

Absent — Bernal; Dutton.

HB 2183, A bill to be entitled An Act relating to the temporary appointment of county jailers.

HB 2183 was passed by (Record 328): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 1142, A bill to be entitled An Act relating to measures to assist students enrolled at public institutions of higher education who are homeless or who are or were in foster care.

HB 1142 was passed by (Record 329): 139 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Walle; Wu; Zwiener.

Nays — Cain; Murr; Slaton; Slawson; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Ramos; Schofield; Vo.

When Record No. 329 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 329 was taken, I was in the house but away from my desk. I would have voted yes.

Ramos

When Record No. 329 was taken, I was shown voting yes. I intended to vote no.

Schaefer

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

SB 1016, A bill to be entitled An Act relating to the consideration of employee compensation and benefits in establishing the rates of electric utilities.

SB 1016 was considered in lieu of CSHB 2713.

SB 1016 was read second time and was passed to third reading.

Representative Dean moved to lay CSHB 2713 on the table subject to call.

The motion prevailed.

HB 1114, A bill to be entitled An Act relating to the service area of the Blinn Junior College District.

HB 1114 was read second time on April 18 and was postponed until 10 a.m. today.

HB 1114 was passed to engrossment.

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

CSHB 16, A bill to be entitled An Act relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.

A record vote was requested by Representative Isaac.

CSHB 16 was passed to engrossment by (Record 330): 113 Yeas, 31 Nays, 0 Present, not voting.

Yeas — Mr. Speaker(C); Allen; Allison; Anchía; Ashby; Bailes; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Harris, C.J.; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Shaheen; Sherman; Shine; Smith; Talarico; Thierry; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.

Nays — Anderson; Bell, C.; Bell, K.; Bumgarner; Button; Dean; DeAyala; Dorazio; Goldman; Harrison; Hefner; Isaac; Kitzman; Klick; Landgraf; Metcalf; Murr; Noble; Rogers; Schaefer; Slaton; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Wilson.

Absent, Excused — Leo-Wilson.

Absent — Harless; Ordaz; Orr; Raney; Schofield.

When Record No. 330 was taken, I was shown voting no. I intended to vote yes.

Dean

When Record No. 330 was taken, I was shown voting no. I intended to vote yes.

Goldman

When Record No. 330 was taken, I was in the house but away from my desk. I would have voted no.

Harless

When Record No. 330 was taken, I was shown voting no. I intended to vote yes.

Hefner

When Record No. 330 was taken, I was shown voting no. I intended to vote yes.

Landgraf

When Record No. 330 was taken, I was shown voting yes. I intended to vote no.

Morrison

When Record No. 330 was taken, I was shown voting no. I intended to vote yes.

Murr

When Record No. 330 was taken, I was in the house but away from my desk. I would have voted yes.

Orr

When Record No. 330 was taken, I was in the house but away from my desk. I would have voted no.

Raney

When Record No. 330 was taken, I was shown voting yes. I intended to vote no.

Schatzline

HB 681, A bill to be entitled An Act relating to virtual and off-campus electronic instruction at a public school, the satisfaction of teacher certification requirements through an internship teaching certain virtual courses, and the allotment for certain special-purpose school districts under the Foundation School Program.

Representative VanDeaver offered the following amendment to HB 681:

Amend HB 681 (house committee printing) by striking SECTION 1 of the bill (page 1, lines 8 through 16) and renumbering subsequent SECTIONS of the bill accordingly.

Amendment No. 1 was adopted.

HB 681, as amended, was passed to engrossment.

CSHB 890, A bill to be entitled An Act relating to a process adopted by a school district regarding complaints and hearings on complaints.

A record vote was requested by Representative Cain.

CSHB 890 was passed to engrossment by (Record 331): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Jones, V.; Kacal; Longoria; Lozano; Morales Shaw.

When Record No. 331 was taken, I was in the house but away from my desk. I would have voted yes.

V. Jones

When Record No. 331 was taken, my vote failed to register. I would have voted yes.

Morales Shaw

CSHB 1416, A bill to be entitled An Act relating to accelerated instruction provided to public school students who fail to achieve satisfactory performance on certain assessment instruments.

CSHB 1416 was passed to engrossment.

CSHB 900, A bill to be entitled An Act relating to the regulation of library materials sold to or included in public school libraries.

REPRESENTATIVE PATTERSON: Before we get started here today, I do want to offer a warning. We have some young pages in the room, and I know that there are children in the gallery. This is probably a good time, given the subject matter of this bill, to go get a Coke or an ice cream.

We've all heard the saying, "don't judge a book by its cover," and I couldn't agree more. We should judge a book by what's inside, whatever that may be. So as I lay out this bill today, I ask you to consider that saying with this piece of legislation. A lot of opposition has said that this bill is a book ban, or that we want to lock up librarians, or that we are seeking to silence minority voices. I ask you to consider what this bill actually says as you prepare to cast your vote.

The first part of this bill establishes mandatory library standards. In more than 3,000 pages of the Education Code, less than half of one page is dedicated for public school library standards, all of which are voluntary. Curriculum instructional materials undergo initial proclamation, development, submission requests, agency reviewed samples, state review panels, instructional materials adoption, a period of public comment, and finally, state adoption. Sexual education instructional materials must undergo a local school board adopting a policy, board adoption of resolutions, multiple meetings of discussion with the Sexual Health Advisory Council (SHAC), board voting approval of the material, parental notification required for instruction, and parents would still have to opt their child in to the program. But public school libraries have none of these requirements. No approved vendors, no statewide consistency simply because there are no mandatory library standards. With millions of titles being brought every year by more than 1,000 school districts, we need uniform standards for our public school libraries just as we have content standards for other instructional or supplemental materials purchased with taxpayer dollars.

In this bill, we clarify the difference between voluntary library standards, which we currently have and will remain in place, and the newly created library standards that school districts will be required to adhere to. Only as it relates to the collection development of the library, or classroom library, or online resource. Included in the new standards are much of what is currently referenced or spelled out in the current voluntary standards. This includes reference to prohibiting harmful materials as defined in the Penal Code and specific reference to the Supreme Court case Pico v. Board of Education (1982), where the standards acknowledge the precedents of removing books for reasons that are pervasively vulgar or educationally unsuitable. These standards include all three of these aspects of voluntary standards into the new mandatory standards. Furthermore, the standards would also have to recognize that obscene content has no protection under the First Amendment, clarify intended library materials, and provide increased parental empowerment through recognizing parental authority, encouraging catalog transparency, and recommending effective communication between districts and parents regarding library content. Additionally, these standards would eliminate sexually explicit materials from public school libraries by prohibiting the possession, acquisition, and purchase of such materials. These standards are a combination of current voluntary standards, Supreme Court cases, legal precedents, and common sense.

The second part of the bill is about vendor ratings. Part two of the READER Act encounters the necessity for these ratings. Many different forms of media are rated for minors. Movies for minors are rated on a scale from G, that's meaning the movie is acceptable for all ages, to NC-17, meaning the movie may not be viewed by anyone under the age of 17. Television shows have also made these ratings implementations to better protect children from explicit content. The FCC regulates these forms of media and ensures no explicit content is on the air between the hours of 6 a.m. and 10 p.m. simply due to the risk that a child may be able to hear or witness such content. An important aspect of the FCC regulation is that a single offensive moment or explicit word in a movie or radio broadcast can result in fines. Due to this, some of the content is not allowed to be presented on air again, as introduced by the case of FCC v. Pacifica Foundation, on the basis of being patently offensive.

There are three factors to the term "patently offensive." One, the explicitness or graphic nature of the description or depiction of sexual activities. Let me be clear, this is not saying two characters had sex. This is saying how the characters engaged in sex, described activities within the sexual encounter, and depicting the sexual organs. Number two, if the content dwells on or repeats the description or depiction of sexual activities. Once again, this is not simply stating that sex occurred, but rather the repetition and details being described of every moment of the sexual encounter. And number three, the content panders or titillates to gratify, stimulate, excite, or indulge a potential viewer. As these standards are implemented by the FCC across many platforms, and by recognizing the community standards of 330 million Americans as a whole, this legislation will enact similar standards with legislation only for the State of Texas. The READER Act would require the library material vendors who sell library materials to our schools be aware of the content they are distributing to our children and label them appropriately. CSHB 900 will ensure that for vendors to remain operating within Texas, they must be aware of the content they so readily distribute to our children. This bill also protects teachers, librarians, and other staff members against liability for any claim or damage due to a library material vendor's violation. We must protect well-meaning teachers and librarians who unknowingly have this content on-site. The responsible party is the book vendor.

Part three is parental controls. Part three of this bill provides parents the options to opt in to sexually relevant books that aren't explicit in nature, but contain sexual themes enough to need parental oversight. Throughout the last year and a half fighting at the forefront of removing sexually explicit materials in schools, it has become clear to me that parents need greater access and authority over the library material their child's library contains. Currently, parents have the right to restrict sexually related content for their children as it relates to sexual and health education by way of not opting in to the selected instruction and discussion. We mandate that in the school classroom and the library with this bill. By requiring parental written consent for children to have access to sexually relevant material, we provide parents with the necessary resources to be however lenient or flexible they choose to be regarding their child's access to sexually related content.

The final section of this bill, part four, mandates school districts review and communicate publicly library materials that are rated sexually relevant. Many districts do not allow public access to their library catalog, making it difficult for parents and taxpayers to access material they would find questionable. This section would require school districts to review material rated sexually relevant, decide whether or not to continue that title in circulation, and publish the information on the district's website or available to pickup at the main office. We've been told time and again that words have power and that books are some of the most powerful experiences for our children. The intent of this legislation is to ensure that the content we are providing to our youth, notably provided by taxpayer dollars, is the content we want the next generation seeing. In closing, I ask that you support the READER Act so that we can take action, that some adults chose not to, to stop the sexualization of our children. Without attaching any religious, political, or cultural belief, this bill does one thing and one thing only: restricts explicit books from unaccompanied minors in Texas public schools. That completes my layout. I do have a perfecting amendment and would be happy to take any questions.

Representative Patterson offered the following amendment to CSHB 900:

Amend CSHB 900 (house committee report) as follows:

(1)  On page 2, line 5, strike "annually" and substitute "at least once every five years".

(2)  On page 2, line 24, strike "and".

(3)  On page 2, line 26, between "development" and the underlined period, insert the following:

(4)  On page 4, between lines 13 and 14, insert the following:

(5)  On page 3, line 26, strike "September 1, 2023" and substitute "April 1, 2024".

(6)  On page 6, line 3, strike "August 1 of every even-numbered" and substitute "January 1 of every odd-numbered".

(7)  On page 7, between lines 2 and 3, insert the following:

(8)  On page 7, line 3, strike "October 1, 2023" and substitute "April 1, 2024".

(9)  On page 7, between lines 6 and 7, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:

(____)  Not later than September 1, 2024, each library material vendor, as defined by Section 35.001, Education Code, as added by this Act, shall submit the initial updated list required under Section 35.002(d), Education Code, as added by this Act.

(10)  On page 7, line 7, strike "August 1, 2024" and substitute "January 1, 2025".

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

SECTION ____.  Not later than January 1, 2024, the Texas State Library and Archives Commission shall adopt the standards for school library collection development as required under Section 33.021(c), Education Code, as added by this Act.

REPRESENTATIVE PATTERSON: This is a perfecting amendment that moves out some of the dates that this bill would be enacted, basically—well, not enacted, that's September 1—but it would move out some of the compliance dates that the book vendors and the schools would actually have to abide by. It also adds some guardrails on the sexually explicit definition on how that would be from the book vendors and from the TEA standpoint. It also makes clear that we are not trying to remove any books based on any constitutionally protected class––again, that one theme of sexually explicit material.

Amendment No. 1 was adopted.

Representative Zwiener offered the following amendment to CSHB 900:

Amend CSHB 900 (house committee printing) on page 2, line 24, between the underlined semicolon and "and", by inserting the following appropriately lettered paragraphs and relettering subsequent paragraphs accordingly:

REPRESENTATIVE ZWIENER: This is a fairly straightforward clarifying amendment. I do not believe it's going to be acceptable to the author, but I think it's important for us to talk about for a couple reasons. What this amendment does is it adds two provisions to the mandatory library collection development standards included in the bill.

One of those elements that would be required in the library standards would be to recognize the essential role school libraries play as centers for voluntary inquiry. Representative Patterson, in his layout, cited the case Pico v. Board of Education, that is the controlling Supreme Court case on book bans in schools. And this is language lifted directly from that case to make sure that we do recognize the importance of libraries as an opportunity for students to explore and engage with other material.

The second piece would also require those library standards to recognize that reading is an important educational goal for all students regardless of which material they choose to read. We have this language in here because there is some concern that potentially not affirming the value of just reading could lead to books being targeted for not being adequately educational. When we know that even if a student is choosing to read Diary of a Wimpy Kid or Beezus and Ramona, that's still educational, whether or not those books contain specific TEKS or other goals. Reading, itself is the TEKS.

Members, this would bring the bill more in line with current case law and also best practice around educational standards for students in our schools, and I would urge you to support it.

REPRESENTATIVE PATTERSON: The second part of your amendment recognizes that reading is an important educational goal for all students regardless of which material they choose to read. So is it your intent with this amendment that, regardless of any material whatsoever, reading that material is an educational goal for students regardless of the material type?

ZWIENER: My goal with the amendment is for it to operate in conjunction with the other provisions in that section, which include the provisions you drafted around banning explicit content, content that is pervasively vulgar, et cetera. I don't think this language overrides that; I think it's in conversation with it. My specific concern is you chose to keep the language in the bill around things that are educationally unsuitable. I don't want us to interpret educationally unsuitable to mean "doesn't contain the TEKS." And I don't think that's necessarily the intent of your language. I certainly don't think that's the case law around that language, but I think this gives our libraries a little bit more clarity that it's okay to have material that's primarily recreational, but serves that overall goal of literacy and turning students into active readers.

PATTERSON: Members, I don't think that this amendment is needed or improves the bill whatsoever, and so I respectfully ask you to vote no.

ZWIENER: Members, this is an amendment that helps this bill better live up to the author's stated intent. If we want to stay in compliance with the United States Constitution, the ruling in Pico v. Board of Education, and with the overall goal of making sure our students are encouraged to be literate, I urge you to vote yes.

A record vote was requested by Representative Zwiener.

Amendment No. 2 failed of adoption by (Record 332): 55 Yeas, 91 Nays, 1 Present, not voting.

Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Ordaz; Ortega; Perez; Ramos; Reynolds; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Patterson; Paul; Plesa; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bryant; Longoria.

When Record No. 332 was taken, my vote failed to register. I would have voted yes.

Bryant

When Record No. 332 was taken, I was shown voting no. I intended to vote yes.

Plesa

Representative Reynolds offered the following amendment to CSHB 900:

Amend CSHB 900 (house committee printing) as follows:

(1)  On page 7, line 1, strike "35.007" and replace with "35.008".

(2)  On page 7, before line 1, insert the following:

REPRESENTATIVE REYNOLDS: Members, banned books are not new, but they have gained new relevance in an escalating culture war that puts books about racism, sexuality, and gender identity at risk in public schools and libraries. The books most frequently challenged tend to have certain themes in common: books that have to do with LGBTQ+ topics or characteristics; books that discuss sexual assault; books that have to do with sex, abortion, teen pregnancy, or puberty; books that have to do with sex education; books that have to do with race and racism or that center on the protagonists of color; books that have to do with history, specifically that of African Americans.

Groups that monitor censorship, including the ACLU, PEN America, the American Library Association, and the National Coalition Against Censorship say that since the killing of George Floyd, we are now seeing Black and brown authors increasingly becoming the target of would-be censors. From July 2021 to July 2022, PEN America's Index of School Book Bans lists 2,532 instances of individual books being banned affecting 1,648 unique book titles. The 1,648 book titles are by 1,261 different authors, 290 illustrators, and 18 translators impacting the literary, scholarly, and creative work of 1,553 people all together. Among the 1,648 unique books banned in the index, 674 book titles—41 percent—explicitly address LGBTQ+ themes or have similar characteristics. Six hundred and fifty nine banned book titles—40 percent—contain protagonists or prominent secondary characters of color. Three hundred and thirty eight book titles—or 21 percent—directly address race and racism. Three hundred and fifty seven banned book titles—22 percent—contain sexual content. One hundred and sixty one banned book titles—10 percent—have themes related to rights and activism. One hundred and forty one banned books—nine percent—are either biography, autobiography, or memoir. And 64 banned books, or four percent, include characters and stories that reflect religious minorities such as Jewish people, Muslims, and other faith traditions.

Members, my amendment is simple. It requires the commissioner of TEA to report annually to the legislature regarding the books and educational materials being removed from Texas public schools and charter schools.

REPRESENTATIVE PATTERSON: Members, our perfecting amendment made clear that this is not about anything other than sexually explicit material. And I would also mention that in preparation for the committee hearing that we had in the Public Education Committee, we went back and reviewed information about the authors of the books of the nearly three dozen books that I've challenged in Frisco ISD and went all the way to the school board with them. Almost 81 percent of those authors were white; 87 percent were straight. This is not a race issue or anything like that. This is a problem with sexually explicit material, and so I would ask you to vote no on this amendment.

REPRESENTATIVE ZWIENER: We both know there is a long history of book bans being implemented in a discriminatory manner. Is that correct?

REYNOLDS: Absolutely.

ZWIENER: And so if the intent of this bill is not to be a discriminatory impact, my read is your report would create a fantastic backstop to make sure that the intent of the bill is matched with what happens in reality. Would you agree?

REYNOLDS: Absolutely, unequivocally.

ZWIENER: And have we seen any high-profile attacks on books of people of different genders or different races or different sexual orientations recently?

REYNOLDS: Absolutely. We've seen one of the world-renowned authors, including Toni Morrison, and many, many others, countless, too many to even name right now. But we've seen a heightened movement that has happened since the death of George Floyd.

ZWIENER: Are you concerned that there might be a different standard of what is considered sexually explicit or sexually relevant in books that feature LGBTQ+ characters or characters of color than in books that feature straight white characters?

REYNOLDS: Absolutely.

ZWIENER: Well, thank you for your amendment. I appreciate you bringing it.

REYNOLDS: Thank you for those questions. Members, for the very reasons that we just talked about between myself and Representative Zwiener from the front and back mic, we need to have the TEA commissioner look at these books and give a report to the legislature. We want transparency and we want accountability, and with that, I ask for your favorable consideration.

A record vote was requested by Representative Reynolds.

Amendment No. 3 failed of adoption by (Record 333): 61 Yeas, 84 Nays, 1 Present, not voting.

Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Gámez; Garcia; Gervin-Hawkins; González, J.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Flores; González, M.; Moody.

When Record No. 333 was taken, I was in the house but away from my desk. I would have voted yes.

Flores

Representative Murr offered the following amendment to CSHB 900:

Amend CSHB 900 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 43.24(c), Penal Code, is amended to read as follows:

(c)  It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific[, educational, governmental,] or other similar justification.

SECTION ____.  Section 43.25(f), Penal Code, is amended to read as follows:

(f)  It is an affirmative defense to a prosecution under this section that:

(1)  the defendant was the spouse of the child at the time of the offense;

(2)  the conduct was for a bona fide [educational,] medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or

(3)  the defendant is not more than two years older than the child.

SECTION ____.  The changes in law made by this Act to Sections 43.24(c) and 43.25(f), Penal Code, apply only to an offense committed on or after September 1, 2023. An offense committed before September 1, 2023, 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 September 1, 2023, if any element of the offense occurred before that date.

REPRESENTATIVE MURR: This amendment changes the obscenity exemption in the Penal Code, which currently allows otherwise illegal sexual content to be legal for educational or governmental purposes. This creates a loophole to allow, or even require, sexually inappropriate materials in our libraries. In fact, this section of the code forms the basis of some legal arguments in federal litigation against elected officials in Llano County about their county library in my district—

Representative Talarico raised a point of order against further consideration of Amendment No. 4 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.

Amendment No. 4 was withdrawn.

(Goldman in the chair)

Representative Anchía moved to print all remarks on CSHB 900.

The motion prevailed.

REPRESENTATIVE ROSENTHAL: Members, if I could have your attention for a moment. Book banning and book burning has been practiced for centuries on this planet. The earliest recorded incident that I could find dates back to the Huang Dynasty in China. The emperor burned all books of the past explicitly to erase history. Julius Caesar, in 48 B.C., burned down the great Library of Alexandria in Egypt. In the 15th century, Italy saw mass bonfires to "erase all vanities." The first book to be banned in the United States was in 1650 when the Massachusetts Bay Colony condemned William Pynchon's The Meritorious Price of Our Redemption just because it refuted puritan doctrine. The book was publicly burned at the Boston marketplace.

Members, in 1873, the United States Congress passed the Comstock Law, condemning the trade of literature and articles deemed to be "obscene for a moral use." The Comstock Law targeted works that contained sexual content, including medical journals on human anatomy. Following the enactment of Comstock, anti-obscenity laws were created in other states. Famous books banned under this law included Ulysses by James Joyce and The Canterbury Tales by Geoffrey Chaucer. James Joyce's Ulysses was a series of episodes published in 1918 about the travels of Leopold Bloom through Dublin, Ireland. The U.S. Post Office seized the magazine after an episode in which the main character fantasized about a young woman. Issues were burned and the book was banned under the Comstock Law. The Canterbury Tales was also banned for sexual content and use of swearing. Book burning really took off in late 18th century, and into the 19th century, until a movement of writers called modernists began to fight back. The modernists challenged the boundaries of what was considered acceptable literature and wrote about topics that were considered taboo before. Members, we're talking about topics that once were considered taboo like thoughts about World War I, the Industrial Revolution, and the breaking of some social traditions. Works by Ernest Hemingway and F. Scott Fitzgerald were banned during this time. In 1929, Hemingway's book, A Farewell to Arms, was banned for "crude subject matter" because it depicted a gruesome account of World War I. F. Scott Fitzgerald's The Great Gatsby was banned because of the affair between Daisy and Gatsby—it included themes of sex and adultery, and there was some violent language in the book as well.

Members, you have to know that a guy named Rosenthal must point out 1930s Germany, when Nazis burned books by the thousands written by Jews, communists, and others, including works by such controversial authors as Albert Einstein, Sigmund Freud, Ernest Hemingway, Helen Keller, and Jack London. Colleagues, many works that have been banned in the past are considered some of the greatest classics we have for us today. Those who have sought to ban books in the past were shortsighted and always on the wrong side of history. The famous poet and philosopher, Neil Peart, once wrote: "They say there are strangers who threaten us, our immigrants and infidels. They say there is strangeness too dangerous in our theatres and bookstore shelves. Those who know what's best for us must rise and save us from ourselves." Members, I simply can't believe we are in this place today, and I urge you to defeat this measure. Thank you very much.

REPRESENTATIVE ZWIENER: Thank you for your attention on this bill that I truly think goes far beyond what most members in this building would support.

I want to tell y'all a story about something that happened to me. When I was 17 years old, I was already out of high school. I was working at a job with, primarily, people who were a good bit older than me. And I used to drink with them—I was underage, but they generally took care of me, made sure I was all right. One night, for the first time in my life, I became blackout drunk. When I came to, I was in a sexual situation with my 27-year-old boss. I did not consent to being in that situation, I had never been in that type of situation before, and members, I didn't have the words to call that rape for a decade. I did not have the words to say that what had happened to me had not been okay and instead I blamed myself for behaving "slutty" because I had hooked up with this person when I was, again, completely unconscious.

Members, I bring this up because I could have used a book about sexual assault to help me define what had happened to me. I could have used a book to help me know that what happened was not my fault. We all have concerns about exposing kids to adult material, but the truth is our kids, particularly our teens, sometimes have to live adult lives. That is part of their experiences every single day. I've been concerned about this bill for a year before it was filed. But when I watched the layout of this bill in the house Public Education Committee, one of the things that startled me is how, over and over again, the scenes people would read from books as being too explicit to possibly be in the hands of our teens were stories of sexual assault. It was the scene from The Bluest Eye. It was the scene of sexual assault in The Perks of Being a Wallflower. It's scenes from this book, Out of Darkness by Ashley Hope Pérez, one of the books that the author of this bill has challenged in his home school district. Again and again, the scenes people targeted fell in one of two categories: sexual assault or LGBTQ+ scenes. And the latter was not a surprise to me—still a problem, but not a surprise. The sexual assault scenes were a surprise. And members, we need to think about what we consider inappropriate for our kids because even if we don't think our teens need those stories, they do. And they know what they need. That's what's critical about our library spaces. They are spaces of voluntary inquiry where students can go find material that is meaningful to them.

And members, the other critical thing is this bill is based on a bait and switch. This bill was drummed up using images primarily from books that used images to try and talk about sex education. And I think we can all agree that books that are trying deal with sex education—whether from a perspective we agree with or a perspective we disagree with—are very, very different from narratives that we use to understand the world around us, narratives that we use to develop empathy for those who have experienced things we haven't, narratives that we use to cope with what has happened to us in our lives. Those narratives are critical, and, members, those narratives are what's really under attack. This bill did not start with CSHB 900 and Representative Patterson's conversations with Frisco ISD about books upon their shelves. This bill started with HB 3979 that was directly targeting the narratives of people of color about race and racism. After that bill, our former member, Representative Matt Krause, released a list of over 800 books that he thought schools should remove from their libraries. Members, that list contained lots of books that contained no sexual conduct whatsoever. And Tango Makes Three, a book about two male penguins who loved each other very much and hatched an egg. Members, I don't know how you make penguins pornographic, but it's not in And Tango Makes Three. These are books that were targeted based on the ideas contained within the books.

Representative Patterson's own path to this bill was not straightforward with sexually explicit material. He also targeted books that he claimed taught critical race theory, and I think that is something that we need to fundamentally understand about this legislation. It is not about protecting kids, it is about allowing books to be discriminated against in our schools because we disagree with the content within them or with the types of narratives they're sharing. And members, both of those two things are patently unconstitutional. Representative Patterson cites in his bill Pico v. Board of Education, and that's the right citation, that is the case that controls. And that case is very clear that you cannot remove books on the basis of the ideas contained within them or the identities of the people within them. So if that's not the goal of this bill, we need to pull back, rethink, and try to narrow substantially, instead of targeting narratives we are uncomfortable with.

Members, the other thing I want to point out is that there's this narrative that because we can ban something on TV, we can ban it in books. Members, the Supreme Court's ruling in FCC v. Pacifica was very narrow and specifically limited to broadcast, not even all television, just the few big broadcast stations. Cable TV does not operate under the same rules. Netflix does not operate under the same rules. The Supreme Court's ruling was narrow on that because broadcast stations were limited and broadcast is pervasive. And potentially, parents could not successfully choose to avoid those materials if they wanted to. Kids could not choose to avoid those materials if they wanted to because you flip on the TV and there it is. Conversely, in Pico, the Supreme Court found that our libraries are centers of voluntary inquiry, and our students have First Amendment rights to explore different types of material as well. So that is the standard we need to be working off of, not the FCC standard.

The last thing I want to mention is that this bill is unworkable. Our vendors in this bill would be required to label the books they sell. Members, vendors do not write the books, they do not edit the books, they do not publish the books. They are the wrong people to even consider this material. And in addition, this bill would implement a statewide standard for review. This isn't parental empowerment, this is Mike Morath and TEA empowerment. Where Mike Morath and TEA would make the decisions for what is allowed in libraries all around the State of Texas. I don't know about y'all, but I would much prefer that the elected board in my hometown be responsible for deciding the books on the shelves versus a commissioner in Austin. And I think most of you would agree with me on that.

Lastly, members, I want to acknowledge how hard this has been for librarians. I have had the privilege of maintaining a relationship with my own high school librarian. A relationship that, quite frankly, has been strengthened during conversations around this legislation. And I ask you to think back to librarians you know. Think back to librarians you worked with in elementary school, middle school, high school, and in your community and ask yourself, "Did any of them want to hurt kids?" Have you ever met a librarian who got into public education to try and harm our children? Because I think every one of us has never met that librarian. The target that has been put on their backs is unfair. Our librarians have experienced harassment and threats and been called terrible names—all for trying to help children become lifelong readers. So members, we should end this moral panic today. We need to move on and vote no on CSHB 900.

REPRESENTATIVE THIERRY: I'm going to vote for this bill, and I want to explain why. I think it's very important that we talk about the facts. If you read the language of the bill, it's called the READER Act, so I would encourage people to actually read it. But I actually have a child in the public schools that are affected by this bill. I've taken the time to do my own research. I can 100 percent guarantee that I've found at least 15 books in my district that absolutely have no place in a child's library. I don't know if there are any children who are on the floor, so I'm not going to give some of the details, but I will submit to you that books that tell children that the Internet is a great place to research their kinky sexual fantasies and to meet strangers is not appropriate. That book is in my district. A book that tells kids that the online world is chockablock full of pornography professionals and amateurs sharing their sexy adventures online is not appropriate in any public school. Books that tell children that porn is a sugary treat is not appropriate in a public school—a tax-funded public school. There are hundreds of books that I would submit to the members that you would not be comfortable going to that back mic and reading the content on the house floor. You would not have the guts to read it out loud. You would be embarrassed to read it out loud. You would never sit at your kitchen table and read some of the content to your own children. And if that is the case, then how can you say that these books belong in our public schools if you wouldn't even read them out loud?

When I began doing this research, I talked to folks who said—because they made it a partisan issue, and it's not about that for me, it's about kids—and they said, "These books aren't really in the schools, Representative Thierry. They're lying to you." Well everyone, there's a database online that has every book in every public school. All you have to do is go to the website and type it in and you will see that the books are there. Now, I don't want to take out good books that help children thrive academically or culturally, but we have to have some guardrails because something has happened. Somehow these books have infiltrated our schools, and I don't know how these vendors got them through, but what Representative Patterson's bill is doing is setting up some standards so that we can go back and vendors will have to submit which books contain highly sexually explicit material. I'm telling you, members, even when I told my daughter I couldn't give her all of the details, but when I asked her does she think going online is a safe place to meet strangers, she flat out told me—and my daughter's only 10—"Mom, that goes against everything we've ever been taught." She's like, "Remember stranger danger? Why would I go online to meet strangers?" There are books that tell kids how to go on dating websites and to upload pictures of themselves for strangers to look at them. That is exactly what To Catch a Predator is about when you see the shows on television where they catch predators finding kids this way.

I met with a group of advocates against human trafficking. They look at many of these passages. One of the young ladies, who was a victim of trafficking, burst into tears and said, "This is exactly how I was groomed, Representative Thierry. Exactly that. People showing me materials, exposing me to pornography at a young age, and telling me how to go and meet people online." It is what it is, members, and if anyone wants to say, "Well, the Bible has some things in it that aren't appropriate," I would submit to you that the Bible is one book—and, obviously, we know that it's read as a whole, which is what Representative Patterson's bill is saying to do—but these are hundreds of books, I don't know, perhaps thousands. But if you're going to tell me that you're okay with books telling your kids where to buy sex toys, telling your kids how to go online to meet strangers to explore their fantasies, and much, much more then vote against it. But I'm here to tell you that I stand on my vote. I'm a mom, and I'm being honest. I support the bill for all the reasons that I've laid out. Thank you.

REPRESENTATIVE TOTH: I stayed up late last night and I watched CISD—Conroe Independent School District—vote to keep Ramona Blue in our library, our public library. Parents are frustrated which is why we need this bill. It was just two months earlier that Perks of Being a Wallflower—our board was unable to remove that book. This bill is not about banning any books—To Kill a Mockingbird, Lord of the Flies, Dr. Seuss, Huck Finn—those are all books that have been banned by progressives. We are not banning books. We want to put parents back in charge. It's a great bill, and I look forward to supporting it.

REPRESENTATIVE HINOJOSA: Representative Patterson, we heard a lot of testimony from people who were very concerned in committee about your bill. We heard from parents, we heard from teachers, we heard from librarians. I think the concern comes from a place of understanding how special and important our libraries are. I remember the first book that I ever read as a kid that I got really into was just a book that I found in my public school library. And it was the first book that I really loved like you love a movie when you watch a movie, right? And it's those experiences and opportunities for a child to learn something new about themselves, to explore their interests. That's important about our libraries and our public schools. Wouldn't you agree?

REPRESENTATIVE PATTERSON: Absolutely.

HINOJOSA: And so I think that's where the concern and fear comes about your bill. It's not wanting to cut off for our kids that opportunity to explore who they are and just learn new things about themselves. So I just wanted to ask you if you thought that was an important part, an important function that our libraries serve in our schools.

PATTERSON: I think it's absolutely critical. You know, one thing I did not bring up in the committee hearing is that my grandmother's sister was a 40-year public school librarian. Four decades as a librarian in public schools. My mom taught first grade in public schools for 38 years. I believe in the public education system. I do. I believe in our public school libraries. I think that they're critical to the development of our kids. But the problem is that when you have these radically, sexually explicit materials on the shelves, what does that do to our children when they are exposed to that? We know things now that we didn't know a long time ago about brain development and maturity—the harms that sexually explicit materials can do to the brain, of anyone, but especially to children. And so I do agree with you on that. I think we also have to have an added layer of protection just as we have in our sex education curriculum in public schools. We needed another layer of protection in our public school libraries.

HINOJOSA: I agree with you that there are some books that just shouldn't be in our public school libraries. But then there are also some books that might be not in the best taste, maybe even a little vulgar? We've talked repeatedly about one of my son's favorite series, Fart Quest, right? I'm a boy mom, and if I could choose what my son was interested in reading, it might be something else. But my son also is dyslexic. It was those books that are maybe in poor taste, that are about funny things that little boys like to read about, that kept him going and kept him reading. Wouldn't you agree that a book is valuable for a child, not just because of the content in and of itself—it does not have to be high brow—but just to keep a child reading and piquing their interest is important. Wouldn’t you agree?

PATTERSON: Absolutely. If this was King Jared instead of one of 150, we would probably only read for the first couple of years in school and not do anything else. I believe it's that important. I believe it's sad how far behind many of our students are when it comes to reading. So, yes, any opportunity, whether it's that or Captain Underpants that my boys like, they need those opportunities to read those books.

HINOJOSA: Thank you. Finally, we know that different parents have different standards about what's acceptable for their own child. There are some parents who don't think it's appropriate to ban any kind of book for their child, right? Well, those parents who don't want their books denied to their child—who wouldn't themselves deny access to books to their child—will they still be able to check out books that are sexually relevant in the library?

PATTERSON: The beauty of the bill is that we're not banning any books. We're not talking about bookstores. We're not talking about Amazon. We're not talking about any of that kind of stuff. We're not even talking about public libraries. We're only talking about public school libraries, where minors go unaccompanied by their parents. They would not have access to the sexually explicit material that would be patently offensive by community standards. But they would have access to what you mentioned, the sexually relevant material. Parents have to opt in to allow their children to have access to any of those books that are sexually relevant, if they so choose. I may not want my child to read that, you may, or someone else may, and that's your right as a parent to dictate what your child reads.

REPRESENTATIVE ROSE: Representative Patterson, there's a lot of talk about books that shouldn't be in schools, so could you give some examples of the types of books that you feel should be in the schools and in the libraries?

PATTERSON: I mean, I couldn't name every book that should be, but I have a list of, you know, roughly three dozen.

ROSE: Well, just give me some examples because you all keep talking about these issues of books that shouldn't be, so I'm just really curious as to what books you feel need to be in schools besides the educational pieces.

PATTERSON: When I was a child, I really enjoyed Hank the Cowdog, that was one of my favorite series. When I was a little bit older, I loved the Goosebumps series. I read those all through middle school. You know, the problem with some of these older books, though, that we have—older being when I was a kid—the problem that we have is that a lot of the authors have sold the rights to their books to these publishers. And in 2023 America, things are a little bit different, and they've decided to go back into some of these series and change the books. It's not the same exact book that I had and add some of this maybe explicit content or other content that we wouldn't view as appropriate. So just because there's a title of a book that you and I have agreed that in years past it's been appropriate, if that book has changed—if the content in that book has changed recently—maybe that book should be reviewed and see if it's still appropriate or fits one of the categories. But those are two examples of series that I read when I was a child.

ROSE: Okay. Well, let me ask you this. So who's going to determine—who's going to make the decision of what book is appropriate and what book is not appropriate?

PATTERSON: Well, we do as a legislature first and foremost. In this bill, we have crafted very specific definitions of sexually explicit material pulling from existing words in existing statute in the Penal Code. So we have a very specific example of what is sexually explicit. The book vendors, the ones that are selling the books to the schools themselves, they're the ones that are forced to rate the books, either sexually explicit or sexually relevant. The reason we're having the book vendors do it is because they're the ones with the direct financial relationship with the school districts themselves, so they're the only party that has a financial incentive to do this and do it the right way. If they don't rate a book appropriately, then that book can be challenged up to TEA. If TEA rules that maybe they didn't rate it as sexually explicit and it is, that book vendor has a 60-day window to go in and approve of the new rating. If it is viewed as sexually explicit, they have to issue a recall for that book. Now, if they choose not to do that—and that would be their interest, their choice—then they go on a list and they will no longer be able to sell books in the State of Texas.

ROSE: Well, let me ask you this. Are you familiar with a book called The 1619 Project?

PATTERSON: I'm familiar. I've not read it.

ROSE: Do you know if that book would be appropriate to be in schools?

PATTERSON: I'm sorry?

ROSE: Would that book be appropriate to be in the school library?

PATTERSON: I'm not familiar with that. I'm familiar with the organization, I'm not familiar with the book. But I will say that if it meets the definitions here of sexually explicit or if it doesn't fit within the guardrails of the new mandatory library standards—if it's pervasively vulgar, for example—and there's a book that had the F-word in it over 100 times, that would be an example of pervasively vulgar. Or if it was educationally unsuitable, then no, it should not be in the public schools. But I'm not familiar with that book.

ROSE: Well, The 1619 Project talks about the beginning of slavery and talks about slavery for the 400 years up to 2019, so I do think that it would be appropriate. But I just wanted to be clear that there are not books that deal with slavery or anything of our history in America; it's not trying to be depleted from the libraries.

PATTERSON: No, ma'am. I think our history is very important. I think that we ought to learn everything about slavery and what happened and the wrongs in America for a lot of years, too many years, but none of that is covered in this bill whatsoever.

REPRESENTATIVE TALARICO: Thank you for having this conversation about this bill over the last few weeks. I think we both share the same goal of keeping any pornographic material out of our school libraries. As you know, as a former teacher, that's the last thing I want in our school libraries. The concern in the Public Education Committee hearing was that the definitions in that version of the bill were so broad that the concern was it would include classic books like Lonesome Dove. I just want to thank you for your work on the bill so far. It's your understanding that those classics would now, based on your perfecting amendment, not be included in any of these removals?

PATTERSON: Yeah, if there's a classic piece of literature, especially that's part of a curriculum in a school, then those would be exempted from this bill.

TALARICO: Great. I have three areas of questions about things I am still concerned about and just want to go through that. One is process, one is "sexually relevant" and that definition, and the other is "pervasively vulgar."

First on process. As you know, I am concerned about this vendor rating system because—and we have talked about this—in the publishing world, publishers know what's in a book and vendors tend to be the middlemen who just sell the book to customers. My concern is that vendors won't necessarily be equipped, or qualified, or suited to apply these ratings. Whereas publishers would be much better equipped to do the ratings. So I just want to hear from you about why we are going after vendors instead of publishers.

PATTERSON: Number one, first and foremost, they better get ready for it because it's coming. Number two, I would say that they are the ones that have the direct financial relationship with the schools. They have the financial incentive to do this and do it the right way. No state in the country is going to build more schools than the State of Texas in the coming decades. There is ample opportunity to make a lot of money selling books in the State of Texas, but if they're selling books here, they need to be appropriate for children, and so that's where that lands. Now, I understand that companies like Follett would rather sell sexually explicit materials to children. They told Representative Shaheen and me that personally in a meeting in my district office—that we would have to stop them legislatively from selling this explicit content, and so that is why we are here today.

TALARICO: Is there a reason why we are not requiring the publishers—who know the content of each book and have staff that are qualified to make these judgment calls—is there a reason we're not having the publishers do the ratings and instead having the middlemen doing the ratings?

PATTERSON: Yeah, absolutely. We chose to do the book vendors because they have the direct financial relationship with the districts. The publishers, if they don't have a direct financial relationship, then who do you hold accountable?

TALARICO: What happens when vendors have different ratings? If different companies make a different judgment call about a particular book and we've got different ratings from different vendors, how does your bill approach that?

PATTERSON: Yeah, that's a good question. So anyone can challenge the rating on a book. Let's say Follett doesn't and Permabound does. Then parents would have the opportunity to appeal that decision up to the TEA, and then the TEA would make the decision on the appropriate rating.

TALARICO: So that would be Commissioner Morath having the final say?

PATTERSON: Yes, and his staff.

TALARICO: Last question about process. I'm concerned that some of these big vendors—let's say Amazon. Amazon sells books to a lot of people, a lot of states, a lot of countries. If we're putting a requirement on Amazon to create a whole new rating system, wouldn't Amazon just choose not to sell books to Texas school libraries rather than go through this bureaucratic process? How are you thinking about that?

PATTERSON: It's a free country, they could make that choice if they choose to do that.

TALARICO: I think my concern would just be that if vendors decide to do that, it would just make it harder for librarians to get books. But I just wanted to make sure I've—

PATTERSON: Yeah, look, no one is going to buy more books than the State of Texas in the coming decades, so there is a financial incentive. Furthermore, I believe that this is model legislation that we can take everywhere in the country. So I'm looking forward to all 50 states adopting something similar, and that will make it a little easier on them.

TALARICO: Those are my concerns about process. I want to move on to the second, which is "sexually relevant." Can you help define for the body the difference between sexually explicit and sexually relevant?

PATTERSON: The definitions are very similar, in fact there's only a few words different. They all point to different sections of the Penal Code in terms of definitions of the types of things—and given the audience here, and you and I have had this conversation before, I'm not going to read those words—but in the sexually explicit material, that is stuff that is patently offensive based on community standards. That's a standard that the FCC uses for all 330 million Americans, so I don't think it is out of line to say for 30 million people we can establish a community standard.

TALARICO: That's helpful. Can you give an example—and it could be not just books, but television or movies—of what would be sexually relevant and what would be sexually explicit?

PATTERSON: Well, Genderqueer, which was the book that kind of started this whole thing, which graphically illustrates two boys who are engaged in some activities. That book would be deemed sexually explicit. Unfortunately, even though that book has been challenged in multiple school districts, it remains, as of the week that we had that committee hearing, in 35 percent of the top 21 school districts in the State of Texas. There are more than 1.4 million students represented in those 21 school districts. It remains in more than 35 percent of those schools. So that would be an example of sexually explicit. A sexually relevant book would deal with themes, right? So the themes of a sexual encounter, or the themes of, perhaps, sexual assault. That would be a sexually relevant book, but it may not contain the graphic nature, the graphic content, or the graphic depictions that a sexually explicit book would contain.

TALARICO: That's helpful. Thank you for the example on sexually explicit. Any example that you have for sexually relevant right now?

PATTERSON: I don't right now.

TALARICO: Okay. This is my last line of questioning and probably the part I am most concerned about. I know you and I have gone back and forth about this. It's the pervasively vulgar and educationally unsuitable. There is not currently a definition of what pervasively vulgar is in the bill, is that fair to say?

PATTERSON: That's fair.

TALARICO: And the same is true for educationally unsuitable, we don't currently have a definition in the bill for what that means?

PATTERSON: We don't. The reason that we chose those two words and chose them specifically as pervasively vulgar or educationally unsuitable is because that's the established case law in Pico v. Board of Education. In that case, by the way, the school lost. It is established that you cannot pull a book because of political ideology or content, but the First Amendment stops, especially for children, when it comes to things that are pervasively vulgar or educationally unsuitable. So that's why we chose those words. I have the Webster definition of vulgar, if you would like for me to read it.

TALARICO: I do want to get to that, but I just wanted to talk about the Pico case. You mentioned the Supreme Court case. In the Pico case, those two terms are also not defined. I read through it. And in fact, the case refers to those terms being vague and it says, "Educational suitability is a standardless phrase." So I just want to acknowledge that there is not a definition here, and there is also not a definition in the Supreme Court case.

PATTERSON: The beauty of the bill, as it relates to those two terms, is the book ratings are not going to be judged on that. Basically, what we did is we pulled from established case law, both Pico and some FCC established Supreme Court cases, to try to put some guardrails up. But the guardrails are on the collection development standards. So the collection development standards we've got these guardrails there, but that's going to be developed by TSLAC and then approved by the SBOE. So I would imagine that all of this would be determined with discussions at TSLAC about how this should go, and what these standards should be, given the guardrails in the bill. Then that would have to be approved by another body of elected officials. The SBOE would have to say yea or nay on those standards.

TALARICO: That's my concern because I feel like we have made a lot of progress in this bill defining sexually explicit and making sure that those definitions are clear, but these terms "pervasively vulgar" and "educationally unsuitable" are not defined. They're also not defined in the Supreme Court case that it's citing. So these terms aren't defined, and I just want to make clear that right now it's optional, it's a "may," for libraries to take out anything they deem pervasively vulgar or educationally unsuitable, but in the bill we would be making it a "shall," a requirement. Is that a correct statement?

PATTERSON: Again, it's the guardrails. The actual logistics of how that would work will go through TSLAC, approved by the SBOE. Pervasive, according to the dictionary, says "existing in or spreading through every part of something." So you know, for example, there's one bad word in a book, that may not be enough to challenge the book. But as the example I gave earlier—I cannot recall the title—but there was a book in Frisco ISD where well over a hundred times it used the F-word in the book. That would be deemed as pervasively vulgar.

TALARICO: So since it's not defined in the bill, we are going to have to go off of definitions from the Merriam-Webster dictionary. You cited pervasive meaning "existing in or spreading through every part of something." That's exactly the definition I have. For vulgar, I don't know if you have the definition, but I look at Merriam-Webster, "lacking in cultivation, perception, or taste, or offensive in language."

PATTERSON: "Or morally crude, or undeveloped; lewdly or profanely indecent."

TALARICO: This is my last question, this is my concern. If we are taking those two definitions, which I agree—"pervasive" means it's existing throughout, "vulgar" means all these things including offensive language. The book that I've mentioned to you is Catcher in the Rye. I brought my copy of Catcher in the Rye. This was actually my grandmother's copy. It was her favorite book, and she gave it to me before she died. One of the most classic American works in literature. We both talked about how it's been in schools before, it's something that students should read, should be exposed to given that it's one of the greatest works in American literature. Is that fair to say?

PATTERSON: Absolutely.

TALARICO: My concern is that—and I'm not saying this is your intent—if we're now mandating that libraries remove anything that's pervasively vulgar, that they may include Catcher in the Rye. Because Catcher in the Rye, as I've mentioned before, has more than 200 curse words. The book is only 212 pages, so that's a curse word a page, which also includes the F-word and other words that we can't say here on the house floor. So my concern is that Catcher in the Rye may be banned under the current language of the bill. How would you respond to that?

PATTERSON: Number one, I think Catcher in the Rye should be in the approved curriculum of pretty much any public school in the State of Texas. If it is, then it would be exempted from this bill. Classic works of literature are certainly not the target of this bill. That's why we added the curriculum standard. If it meets the overall curriculum of the state and is backed up and supported by the TEKS, then it should be included in our public schools. That's kind of our catch-all to make sure that we are not going too far with this bill. If it is part of approved curriculum, then it should stay. There are certain children that should read that perhaps—certainly not in elementary school—but there could be.

TALARICO: I appreciate that that's not your intent, and I'm glad we are having this conversation. My concern, though, is that—and I've told you this before—that the required curriculum statute that you reference in your bill only says that schools have to have science, mathematics, social studies, and language arts. So if a school doesn't have Catcher in the Rye as part of their curriculum, then the current language in the bill says that it has to be banned?

PATTERSON: Well, again, we are not banning any book, but what I would tell you is that that's the school's decision. Schools make decisions every single day about lesson plans or which materials and educational resources they're going to provide to students. Hopefully, they would choose that one, but they may not. That's for every school to determine on their own.

TALARICO: And if they don't choose it, then it would fall under the removal requirements in the bill?

PATTERSON: Perhaps.

TALARICO: Thank you, again, Representative Patterson for working with us, especially on the perfecting amendment. I thank you for being collaborative in this process.

PATTERSON: Okay, so real quick—I know this has been a long discussion, but this bill has been a long time coming. It's been an 18-month fight, and there's two groups of people I want to thank for helping me do all of this. Number one: The brave moms and teachers who are standing up all across the state to fight against these sexually explicit materials in their kids public schools and the public schools that they teach in. And number two: My staff who has worked tirelessly for a year and a half, and especially this session, to prepare what I believe to be an excellent piece of legislation.

A record vote was requested by Representative Cain.

CSHB 900, as amended, was passed to engrossment by (Record 334): 95 Yeas, 53 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Collier; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Goldman(C); Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Cortez; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker.

Absent, Excused — Leo-Wilson.

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

CSHB 458, A bill to be entitled An Act relating to the period within which the Texas Juvenile Justice Department must accept custody of a person committed to the department and to the consequences for the failure of the department to accept custody of the person within that period.

CSHB 458 was passed to engrossment.

CSHB 213, A bill to be entitled An Act relating to jury instructions regarding parole eligibility and the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.

Representative Tinderholt raised a point of order against further consideration of CSHB 213 under Rule 4, Section 32(c)(2), of the House Rules.

(Speaker in the chair)

The speaker sustained the point of order, announcing his decision to the house as follows:

Mr. Tinderholt raises a point of order against further consideration of CSHB 213 under Rule 4, Section 32(c)(2), on the grounds that the bill analysis is materially misleading.

SECTION 2 of the bill specifies jury instructions to be delivered in writing during the penalty phases of certain trials and consists of roughly two pages in a five-page bill. The bill analysis analyzes the detailed jury instructions, which include references to law not being amended by the bill, with a cursory reference to "the language specified by the bill." The bill analysis provides insufficient detail concerning the jury instructions and thus is materially misleading. 86 H. Jour. 2997 (2019); id. at 4186.

Accordingly, the point of order is well-taken and sustained.

CSHB 213 was returned to the Committee on Youth Health and Safety, Select.

CSHB 2217, A bill to be entitled An Act relating to the regulation of the practice of public accountancy.

CSHB 2217 was passed to engrossment.

CSHB 188, A bill to be entitled An Act relating to certain sentencing procedures in a capital case.

CSHB 188 was passed to engrossment.

CSHB 2224, A bill to be entitled An Act relating to the authority of a municipality to alter speed limits.

A record vote was requested by Representative Isaac.

CSHB 2224 was passed to engrossment by (Record 335): 81 Yeas, 50 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bucy; Burns; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; DeAyala; Dutton; Frank; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kuempel; Lalani; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Noble; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.

Nays — Anderson; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Clardy; Cunningham; Dean; Dorazio; Gates; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Klick; Lambert; Landgraf; Metcalf; Morrison; Murr; Oliverson; Orr; Patterson; Paul; Schaefer; Schatzline; Shaheen; Slawson; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.

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

Absent, Excused — Leo-Wilson.

Absent — Ashby; Bryant; Burrows; Flores; Frazier; Harrison; Kacal; Leach; Lopez, J.; Meza; Price; Rogers; Schofield; Slaton; Smith; Smithee.

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted yes.

Bryant

When Record No. 335 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted no.

Frazier

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted no.

Harrison

When Record No. 335 was taken, I was shown voting yes. I intended to vote no.

Kuempel

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted no.

J. Lopez

When Record No. 335 was taken, I was shown voting yes. I intended to vote no.

Meyer

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted no.

Rogers

When Record No. 335 was taken, I was in the house but away from my desk. I would have voted no.

Smithee

CSHB 999, A bill to be entitled An Act relating to the effect of certain reductions in a health benefit plan enrollee's out-of-pocket expenses for certain prescription drugs on enrollee cost-sharing requirements.

CSHB 999 was passed to engrossment.

CSHB 2719, A bill to be entitled An Act relating to the powers of the Texas Historical Commission over historic sites in this state.

CSHB 2719 was passed to engrossment.

HB 3698, A bill to be entitled An Act relating to expanding access to the protective order registry and the inclusion of certain information regarding a person who is the subject of a protective order in that registry.

HB 3698 was passed to engrossment.

HB 1518, A bill to be entitled An Act relating to the examination of appraisal services for an appraisal management company.

HB 1518 was passed to engrossment.

CSHB 1666, A bill to be entitled An Act relating to the commingling of funds by digital asset service providers.

Representative Capriglione offered the following amendment to CSHB 1666:

Amend CSHB 1666 (house committee report) as follows:

(1)  On page 2, strike line 25 and substitute "(a) Except as provided by this chapter, a digital asset service provider may not:".

(2)  On page 3, strike lines 14 through 16 and substitute the following:

(3)  On page 3, line 18, after the underlined semicolon, add "or".

(4)  On page 3, strike lines 22 through 26 and substitute "other.".

(5)  On page 4, line 7, strike "reserve" and substitute "custody".

(6)  On page 4, line 8, between "time" and "the", insert "a pseudonymized version of".

(7)  On page 4, line 13, between "include" and the underlined semicolon, insert "the following information, as of the end of the digital asset service provider's fiscal year".

(8)  On page 4, between lines 26 and 27, insert the following:

(9)  On page 5, line 4, following the underlined period, add the following:

(10)  On page 5, between lines 8 and 9, insert the following:

(11)  On page 5, line 9, between the underlined period and "The", insert "(a)".

(12)  On page 5, between lines 11 and 12, insert the following:

Amendment No. 1 was adopted.

A record vote was requested by Representative Cain.

CSHB 1666, as amended, was passed to engrossment by (Record 336): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Morales Shaw.

CSHB 995, A bill to be entitled An Act relating to sheriff's department disability leave in certain counties.

CSHB 995 was passed to engrossment.

HB 1212, A bill to be entitled An Act relating to verification of excused absences from public school for the purpose of observing religious holy days.

HB 1212 was passed to engrossment.

HB 1277, A bill to be entitled An Act relating to pedestrian use of a sidewalk.

A record vote was requested by Representative Schatzline.

HB 1277 was passed to engrossment by (Record 337): 142 Yeas, 3 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Nays — Harris, C.J.; Ramos; Raney.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Bhojani; Bryant; Lopez, R.

When Record No. 337 was taken, I was in the house but away from my desk. I would have voted yes.

Bhojani

When Record No. 337 was taken, I was in the house but away from my desk. I would have voted yes.

Bryant

When Record No. 337 was taken, I was shown voting no. I intended to vote yes.

Ramos

When Record No. 337 was taken, I was shown voting no. I intended to vote yes.

Raney

HB 555, A bill to be entitled An Act relating to the duration of a special open hunting season for game animals and certain game birds taken by persons under 17 years of age.

Representative Vasut offered the following amendment to HB 555:

Amend HB 555 (house committee printing) as follows:

(1)  On page 1, between lines 5 and 6, insert the following section and renumber subsequent sections accordingly:

SECTION 1.  This Act may be cited as the Colton Burgin Extension Act.

Amendment No. 1 was adopted.

HB 555, as amended, was passed to engrossment.

HB 1736, A bill to be entitled An Act relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case and the review of certain convictions by the Board of Pardons and Paroles.

HB 1736 was passed to engrossment.

CSHB 2060, A bill to be entitled An Act relating to the creation of the artificial intelligence advisory council.

Representative Lalani offered the following amendment to CSHB 2060:

Amend CSHB 2060 (house committee report) on page 5, line 1, between "promote" and "the", by inserting "workforce knowledge of artificial intelligence technology and".

Amendment No. 1 was adopted.

CSHB 2060, as amended, was passed to engrossment. (Tepper recorded voting no.)

CSHB 2007, A bill to be entitled An Act relating to a certificate of merit in certain actions against certain licensed or registered professionals.

CSHB 2007 was passed to engrossment.

CSHB 422, A bill to be entitled An Act relating to remotely conducting depositions, hearings, and other proceedings in juvenile cases.

A record vote was requested by Representative Cain.

CSHB 422 was passed to engrossment by (Record 338): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Collier; Dorazio; Gates; Sherman; Thompson, S.

When Record No. 338 was taken, I was in the house but away from my desk. I would have voted yes.

Collier

When Record No. 338 was taken, I was in the house but away from my desk. I would have voted yes.

Gates

HB 420, A bill to be entitled An Act relating to the offense of providing an alcoholic beverage to a minor; increasing a criminal penalty.

Representative Slawson offered the following amendment to HB 420:

Amend HB 420 (house committee report) as follows:

(1)  On page 1, lines 11 and 12, strike "or with criminal negligence makes available" and substitute "[or with criminal negligence makes available]".

(2)  On page 1, lines 21 and 22, strike "or made an alcoholic beverage available" and substitute "an alcoholic beverage".

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

SECTION ____.  This Act may be cited as Kyle and Ethan's Law.

Amendment No. 1 was adopted.

Representative Moody offered the following amendment to HB 420:

Amend HB 420 (house committee printing) as follows:

(1)  On page 1, line 15, strike "Subsection (c-1)" and substitute "Subsections (c-1) and (c-2)".

(2)  On page 1, line 17, strike "Subsection (c-1)" and substitute "Subsections (c-1) and (c-2)".

(3)  On page 1, after line 24, insert the following:

A record vote was requested by Representative C.J. Harris.

Amendment No. 2 was adopted by (Record 339): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Schofield; Wu.

HB 420, as amended, was passed to engrossment.

HB 26, A bill to be entitled An Act relating to the permitting of medical waste facilities by the Texas Commission on Environmental Quality.

HB 26 was passed to engrossment.

HB 2741, A bill to be entitled An Act relating to the duties and composition of the Specialty Courts Advisory Council.

HB 2741 was passed to engrossment.

CSHB 2411, A bill to be entitled An Act relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.

CSHB 2411 was passed to engrossment.

HB 2306, A bill to be entitled An Act relating to the prosecution of the criminal offense of voyeurism.

A record vote was requested by Representative Hefner.

HB 2306 was passed to engrossment by (Record 340): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

HB 3937, A bill to be entitled An Act relating to a criminal justice system sentencing database established by the Office of Court Administration of the Texas Judicial System.

Representative J.E. Johnson offered the following amendment to HB 3937:

Amend HB 3937 (house committee report) as follows:

(1)  On page 1 of the bill, strike lines 18-19 and substitute the following subdivisions and renumber subsequent subdivisions and correct any cross-references to those subdivisions accordingly:

(2)  On page 2, line 24, between "any" and "plea", insert "written".

Amendment No. 1 was adopted.

HB 3937, as amended, was passed to engrossment.

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

HB 598, A bill to be entitled An Act relating to creating the criminal offense of possession of an animal by a person who has been previously convicted of an offense involving animal cruelty.

HB 598 was read third time earlier today and was postponed until this time.

Representative E. Morales offered the following amendment to HB 598:

Amend HB 598 on third reading in SECTION 1 of the bill, in added Section 42.107(a)(2)(A), Penal Code, by striking "42.10, or 42.105" and substituting "or 42.10".

Amendment No. 1 was adopted.

On behalf of Representative Moody, Representative Shaheen offered the following amendment to HB 598:

Amend HB 598 on third reading as follows:

Strike page 1, lines 10-11, and substitute the following:

Amendment No. 2 was adopted.

HB 598, as amended, was passed by (Record 341): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Leo-Wilson.

Absent — Geren.

Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)

Representative Geren moved that the house recess until 9 a.m. tomorrow.

The motion prevailed.

The house accordingly, at 2:16 p.m., recessed until 9 a.m. tomorrow.

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

List No. 1

SB 1055 to Higher Education.

SB 1659 to State Affairs.

SB 1730 to County Affairs.

SCR 2 to Appropriations.

List No. 2

HR 1150 (By Hunter), In memory of William Ryle "Bill" Edwards Jr. of Corpus Christi.

To Resolutions Calendars.

HR 1151 (By Hunter), In memory of James Robert Lago of Corpus Christi.

To Resolutions Calendars.

HR 1152 (By Hunter), In memory of Gene Graham.

To Resolutions Calendars.

HR 1153 (By Hunter), In memory of T. Frank Smith IV.

To Resolutions Calendars.

HR 1154 (By Hunter), In memory of Maxine Edmondson Flournoy.

To Resolutions Calendars.

HR 1155 (By Hunter), In memory of Mary Patricia "Patty" Puig Mueller of Corpus Christi.

To Resolutions Calendars.

HR 1156 (By Hunter), In memory of Jeri Shirley Kolpack.

To Resolutions Calendars.

HR 1157 (By Frazier), Congratulating Corbett Howard on his retirement from the City of Celina.

To Resolutions Calendars.

HR 1159 (By Kacal), In memory of Phyllis Barbara Giovannelli of San Antonio.

To Resolutions Calendars.

HR 1160 (By A. Johnson), Recognizing Isidora Flower & Gift Shop in Houston.

To Resolutions Calendars.

HR 1161 (By A. Johnson), Honoring fashion designer and business owner Chloe Dao of Houston.

To Resolutions Calendars.

HR 1162 (By Leo-Wilson), Congratulating Gina M. Spagnola on her selection as the 2023 Remarkable Woman of the Year by CW39 Houston.

To Resolutions Calendars.

HR 1163 (By Dutton), In memory of the Reverend Ricky Charles Bell, pastor of Forest Lawn Missionary Baptist Church in Houston.

To Resolutions Calendars.

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

House List No. 9

HCR 96, HCR 98

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

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Wednesday, April 19, 2023

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

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

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

Relating to meetings of the Family and Protective Services Council broadcast over the Internet.

Relating to the interconnection and integration of distributed energy resources.

Relating to the provision of virtual education in public schools and to certain waivers and modifications by the commissioner of education to the method of calculating average daily attendance in an emergency or crisis for purposes of preserving school district funding entitlements under the Foundation School Program during that emergency or crisis; authorizing a fee.

Relating to requirements for certain Internet websites containing sexual material harmful to minors; providing a civil penalty.

Respectfully,

Patsy Spaw

Secretary of the Senate

Favorable reports have been filed by committees as follows:

Business and Industry - HB 679, HB 790, HB 2153, HB 2194, HB 2545

County Affairs - HB 484, HB 2925

Criminal Jurisprudence - HB 17

Culture, Recreation, and Tourism - HB 3946, HB 4569, HCR 45, HCR 83

Elections - HB 153, HB 371, HB 380, HB 703, HB 1003, HB 1848, HB 2629, HB 5053, HB 5131

Environmental Regulation - HB 3060, HB 4489, HB 4885

Health Care Reform, Select - HB 1283

Higher Education - HB 2158, HB 2920

Human Services - HB 1238, HB 2557

International Relations and Economic Development - HB 3374, HB 4451

Judiciary and Civil Jurisprudence - HB 2022

Land and Resource Management - HB 1793

Licensing and Administrative Procedures - HB 115, HB 4857

Natural Resources - HB 1535, HB 1971, HB 2774, HB 2914

Public Education - HB 114

Public Health - HB 2006, HB 3144, HB 3808, HB 4166, HB 4331, HB 4332

Transportation - HB 898, HB 2195, HB 3125, HB 3577

Ways and Means - HB 1034, HB 2353, HB 2981, HB 3640, HB 4101, HJR 150

Youth Health and Safety, Select - HB 3, HB 13, HB 18, HB 772, HB 1927, HB 2269, HB 2361, HB 2481, HB 2673, HB 2812, HB 2857, HB 3176, HB 3255, HB 3867, HB 5195, HJR 170

April 18 - HB 54, HB 73, HB 92, HB 465, HB 473, HB 540, HB 587, HB 899, HB 916, HB 1038, HB 1287, HB 1323, HB 1415, HB 1595, HB 1662, HB 1760, HB 1846, HB 1898, HB 1912, HB 2243, HB 2384, HB 2416, HB 3059, HB 3805, HB 4065, HB 4422

April 18 - HCR 96, HCR 98