FIFTY-EIGHTH DAY --- MONDAY, MAY 8, 2023
The house met at 10:39 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 1237).
Present — Mr. Speaker(C); Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; 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; Leo-Wilson; 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; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Bucy; Ortega; Slaton; Talarico.
The invocation was offered by the Reverend Jakob N. Hurlimann, chaplain, as follows:
Author of all being, convert our hearts to you. Reveal to us the ways that we depart from you, the ways that we forget you and fail to love as you demand. All that we are is a gift, all that we have is freely given to us by you. May we make use of our lives in such a way that gives you praise and worship. Bring peace and healing into this world broken by sin through your servants, those whom you have united yourself to. Have mercy on us all, and may the souls of those killed in Allen, and the souls of all the faithful departed, rest in peace. Through Christ our Lord. Amen.
The chair recognized Representative Frazier who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a funeral:
Raney on motion of Harless.
The following member was granted leave of absence for today because of important business in the district:
Smithee on motion of Darby.
The following member was granted leave of absence temporarily for today because of important business in the district:
E. Thompson on motion of Paul.
The following member was granted leave of absence for today and tomorrow because of important business in the district:
Sherman on motion of Collier.
The following members were granted leaves of absence for the remainder of the session, as needed, to attend meetings of the Committee on General Investigating:
Murr on motion of Metcalf.
A. Johnson on motion of Metcalf.
Geren on motion of Metcalf.
Longoria on motion of Metcalf.
Spiller on motion of Metcalf.
CAPITOL PHYSICIAN
The chair presented Dr. Brynna Connor of Austin as the "Doctor for the Day."
The house welcomed Dr. Connor and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Metcalf and by unanimous consent, the reading and referral of bills was postponed until just prior to final recess.
HR 917 - INTRODUCTION OF GUESTS
The chair recognized Representative Rogers who introduced coaches and members of the Graford High School boys' basketball team.
(Ortega and Talarico now present)
HR 917 - NAMES ADDED
On motion of Representative Smith, the names of all the members of the house were added to HR 917 as signers thereof.
HR 1462 - ADOPTED
(by Meza)
Representative Meza moved to suspend all necessary rules to take up and consider at this time HR 1462.
The motion prevailed.
The following resolution was laid before the house:
HR 1462, Congratulating Iman Anwar on earning a Master of Healthcare Administration and Master of Business Administration from Texas Woman's University.
HR 1462 was adopted.
RESOLUTIONS ADOPTED
Representative Shaheen moved to suspend all necessary rules to take up and consider at this time the following congratulatory resolutions.
The motion prevailed.
The following resolutions were laid before the house:
HR 1431 (by Shaheen), Congratulating Madison Holley on being named the 2023 Teacher of the Year at Beaty Early Childhood School in the Plano Independent School District.
HR 1432 (by Shaheen), Congratulating Stephanie Gonzalez on being named the 2023 Teacher of the Year at Jasper High School in the Plano Independent School District.
HR 1433 (by Shaheen), Congratulating Sarah Vartabedian on being named the 2023 Teacher of the Year at Centennial Elementary School in the Plano Independent School District.
HR 1434 (by Shaheen), Congratulating Lauren McKellar on being named the 2023 Teacher of the Year at Renner Middle School in the Plano Independent School District.
HR 1435 (by Shaheen), Congratulating Jessica Lerner on being named the 2023 Teacher of the Year at Daffron Elementary School in the Plano Independent School District.
HR 1436 (by Shaheen), Congratulating Melanie Lin on being named the 2023 Teacher of the Year at Shepton High School in the Plano Independent School District.
HR 1437 (by Shaheen), Congratulating Jeremy Ellis on being named the 2023 Teacher of the Year at Rice Middle School in the Plano Independent School District.
HR 1438 (by Shaheen), Congratulating Elizabeth Gaines on being named the 2023 Teacher of the Year at Barksdale Elementary School in the Plano Independent School District.
HR 1439 (by Shaheen), Congratulating Elizabeth Bender on being named the 2023 Teacher of the Year at Mathews Elementary School in the Plano Independent School District.
HR 1440 (by Shaheen), Congratulating Katy Thompson on being named the 2023 Teacher of the Year at Gulledge Elementary School in the Plano Independent School District.
HR 1441 (by Shaheen), Congratulating Jeff Wolfe on being named the 2023 Teacher of the Year at Plano West Senior High School in the Plano Independent School District.
HR 1442 (by Shaheen), Congratulating Kristin Vogt on being named the 2023 Teacher of the Year at Brinker Elementary School in the Plano Independent School District.
The resolutions were adopted.
(Bucy now present)
(Speaker pro tempore in the chair)
PROVIDING FOR A CONGRATULATORY
AND MEMORIAL CALENDAR
Representative Guerra moved to set a congratulatory and memorial calendar for 9 a.m. Friday, May 12.
The motion prevailed.
PROVIDING FOR A LOCAL, CONSENT,
AND RESOLUTIONS CALENDAR
Representative C.J. Harris moved to set a local, consent, and resolutions calendar for 9 a.m. Friday, May 12.
The motion prevailed.
FIVE-DAY POSTING RULE SUSPENDED
Representative Oliverson moved to suspend the five-day posting rule to allow the Committee on Insurance to consider SB 2476 at 8 a.m. tomorrow in E2.014.
The motion prevailed.
(Speaker in the chair)
COMMITTEE MEETING ANNOUNCEMENT
At 11:15 a.m., the following committee meeting was announced:
Community Safety, Select, upon lunch recess today, E2.030, for a formal meeting, to consider pending, referred, and committee business.
MOMENT OF SILENCE OBSERVED
REPRESENTATIVE LEACH: None of us prepare to respond to situations and tragedies like this. None of us can prepare, or ever hope to have to make remarks in this chamber in response to these tragedies, but here we are today. I wanted to take this opportunity to respond to the horrific and tragic events that occurred in my hometown of Allen, Texas, this weekend.
Members, when I left here from the chamber at about 3 p.m. on Saturday afternoon—as we were finishing our business—and boarded my flight home to Allen, I began receiving reports that there was an active-shooter situation at the Allen Premium Outlets about a mile from where I live in the city that I'm proud to represent with Representative Plesa and Representative Noble in Allen, Texas. By the time that I landed, 35 minutes later, it was confirmed that—at that time—the lives of six Texans, six of my constituents, were lost. Now that number is at nine. There's still at least a few in critical condition in hospitals in Collin County.
So I don't want to belabor the point this morning, really. As I thought about what I would want to say here, there's really not a whole lot to say. We don't know much right now. I will tell you that law enforcement—I was on the scene. As I landed and got in my truck, I drove right to the scene and was blown away—not surprised—but blown away at the heroic response. I saw it firsthand with my own eyes, the heroic response of our men and women in law enforcement. Over 18 law enforcement agencies—federal, state, and local—responded to this tragedy. They're still investigating. There's still a lot we don't know. And I wanted to allow time before responding—as we so often do in these situations—responding with talking points or reactions, political statements.
There will be time for debates and deliberations and responses, but we want to, of course—and I will never apologize, nor should any of us apologize, for praying for our fellow Texans who are hurt, who right now in some cases are fighting for their very lives, who have in some cases lost everything, have had their lives upended. I'm not going to apologize or shy away from praying for and asking God to comfort them and to do what only our great God can do. And that's to supernaturally show up in our deepest, deepest times of hurt. I hope you'll join me. I know this body well enough to know that you will.
So there's a lot we don't know, but one thing that I do know—and I'm in my sixth term now, I won't belabor the point, I'm in my sixth term in this house. I don't know how much longer I'm going to be doing this. It's been the blessing of my life to get to serve in this body with each of you and to stand here and to fight for my values and advocate for my constituents. And for as long as I serve here in the Texas House, that's what I'm going to continue to do. But increasingly, I'm finding freedom and saying what I think. And so I'm going to say something this morning: There's a lot we don't know, but one thing I do know is that this is happening way too much. And it doesn't have to be this way. I don't have the answers. I don't have a bill in front of you. I'm not sure there are any bills in front of us this morning, this session, that could have prevented this. I don't know. I don't know. But I do know that it doesn't have to be this way. And I also know that if there is any deliberative body anywhere in the world that can discuss and deliberate on these issues thoughtfully—all of the potential solutions that we discuss—if there's any deliberatively body anywhere in the world that can do it, it's this house. I believe that with all my heart. And I hope that despite our disagreements—and we'll have them and we welcome them—that we will respond boldly, swiftly, and smartly. We will do everything that we possibly can to address this head on. I'm so grateful for our law enforcement. I'm grateful for our state leaders: Governor Abbott's leadership has been incredible—showing up in our community last night; our speaker in committing the full resources of this house and state government.
Members, I would ask that you can commit to praying with me for the victims and their families. I do know of one little boy. I don't know a whole lot about the victims right now, but I do know of one little boy. His name is William. William's in kindergarten—might be in first grade, he's young. And he is still in the hospital in critical condition the last I heard. And whenever he wakes up—of course we're prayerful that he recovers. And if and when he does, he's going to find out that his mom and dad and his little sister are gone. So members, I believe in a great God who meets us at the point of our need, who grants us wisdom when we ask for it, and I know that this body will ask for wisdom and we'll respond courageously.
Mr. Speaker, I would request that on behalf of the victims in my community in Allen, who I love serving, that we would observe a moment of silence in the Texas House.
REMARKS ORDERED PRINTED
Representative Moody moved to print remarks by Representative Leach.
The motion prevailed.
RECESS
Representative Geren moved that the house recess until 12:15 p.m. today.
The motion prevailed.
The house accordingly, at 11:27 a.m., recessed until 12:15 p.m. today.
AFTERNOON SESSION
The house met at 12:28 p.m. and was called to order by the speaker.
HB 2308 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Ashby called up with senate amendments for consideration at this time,
HB 2308, A bill to be entitled An Act relating to nuisance actions and other actions against agricultural operations.
Representative Ashby moved to concur in the senate amendments to HB 2308.
The motion to concur in the senate amendments to HB 2308 prevailed by (Record 1238): 139 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; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; 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; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Dutton; González, J.; Harrison; Herrero; Manuel; Slaton.
STATEMENTS OF VOTE
When Record No. 1238 was taken, I was in the house but away from my desk. I would have voted yes.
Harrison
When Record No. 1238 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2308 (senate committee report) as follows:
(1) In SECTION 2 of the bill, strike amended Section 251.002(1)(B), Agriculture Code (page 1, lines 37 and 38), and substitute the following:
(B) producing crops or growing vegetation for human food, animal feed, livestock forage, forage for wildlife management, planting seed, or fiber;
(2) In the recital to SECTION 4 of the bill (page 3, line 1), strike "251.007" and substitute "251.008".
(3) In SECTION 4 of the bill, adding Section 251.007, Agriculture Code (page 3, line 2), strike "251.007. CONFLICT WITH OTHER STATUTES" and substitute "251.008. CONFLICT WITH OTHER LAW".
MAJOR STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 3162 ON THIRD READING
(by Klick, Bonnen, Raymond, Frank, Oliverson, et al.)
HB 3162, A bill to be entitled An Act relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.
HB 3162 was passed by (Record 1239): 136 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Guerra.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Buckley; DeAyala; Harris, C.J.; Herrero; King, K.; Kuempel; Morales Shaw; Slaton.
STATEMENTS OF VOTE
When Record No. 1239 was taken, I was in the house but away from my desk. I would have voted yes.
DeAyala
When Record No. 1239 was taken, I was shown voting no. I intended to vote yes.
Guerra
When Record No. 1239 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
When Record No. 1239 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1239 was taken, I was shown voting yes. I intended to vote no.
Plesa
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 3657 ON THIRD READING
(by Anchía and Anderson)
HB 3657, A bill to be entitled An Act relating to notaries public; creating a criminal offense.
HB 3657 was passed by (Record 1240): 90 Yeas, 49 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Anderson; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burrows; Campos; Clardy; Cole; Collier; Cunningham; Darby; Davis; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.J.; Hernandez; Herrero; Hinojosa; Holland; Howard; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Longoria; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Spiller; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Allison; Ashby; Bailes; Bell, C.; Bell, K.; Bumgarner; Burns; Button; Cain; Canales; Capriglione; Cook; Craddick; Dean; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harrison; Hayes; Hefner; Hull; Hunter; Isaac; King, T.; Leach; Leo-Wilson; Lopez, J.; Metcalf; Morrison; Murr; Noble; Patterson; Ramos; Schaefer; Schatzline; Shaheen; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Cortez; DeAyala; Harless; King, K.; Lozano; Slaton.
STATEMENTS OF VOTE
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
Buckley
When Record No. 1240 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 1240 was taken, my vote failed to register. I would have voted yes.
Harless
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
C.J. Harris
When Record No. 1240 was taken, I was in the house but away from my desk. I would have voted no.
K. King
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
Landgraf
When Record No. 1240 was taken, I was shown voting no. I intended to vote yes.
J. Lopez
When Record No. 1240 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
Talarico
When Record No. 1240 was taken, I was shown voting yes. I intended to vote no.
Wu
HB 3843 ON THIRD READING
(by Wilson)
HB 3843, A bill to be entitled An Act relating to a study and report by the Texas Department of Transportation regarding toll project entities.
Amendment No. 1
Representative Wilson offered the following amendment to HB 3843:
Amend HB 3843 on third reading as follows:
(1) In SECTION 1 of the bill, strike added Subdivision (1) and substitute the following:
(1) "Institute" means the Texas A&M Transportation Institute.
(2) In SECTION 1 of the bill, in added Subdivision (3)(A), strike "department" and substitute "Texas Department of Transportation".
(3) In SECTIONS 2 and 3 of the bill, strike "comptroller" in each instance that it appears and substitute "institute".
Amendment No. 1 was adopted.
HB 3843, as amended, was passed by (Record 1241): 142 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; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Lozano; Slaton; VanDeaver.
STATEMENT OF VOTE
When Record No. 1241 was taken, I was in the house but away from my desk. I would have voted yes.
VanDeaver
HB 2675 ON THIRD READING
(by Jetton)
HB 2675, A bill to be entitled An Act relating to the deposit of funds into court registries by the clerks of justice courts.
HB 2675 was passed by (Record 1242): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — 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; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; 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; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Allen; Manuel; Rose; Slaton; Wilson.
STATEMENTS OF VOTE
When Record No. 1242 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1242 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
HB 1803 ON THIRD READING
(by Rose)
HB 1803, A bill to be entitled An Act relating to the eligibility of certain individuals to purchase Medicare supplement benefit plans.
HB 1803 was passed by (Record 1243): 102 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; 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.; Klick; Kuempel; Lalani; Lambert; Landgraf; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raymond; Romero; Rose; Rosenthal; Shine; Smith; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bailes; Bell, C.; Bumgarner; Capriglione; Cook; Craddick; Dean; Dorazio; Gerdes; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Leach; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Spiller; Stucky; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Ashby; Cain; Lozano; Reynolds; Slaton.
STATEMENTS OF VOTE
When Record No. 1243 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1243 was taken, I was in the house but away from my desk. I would have voted no.
Ashby
When Record No. 1243 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1243 was taken, I was in the house but away from my desk. I would have voted no.
Cain
When Record No. 1243 was taken, I was shown voting yes. I intended to vote no.
DeAyala
When Record No. 1243 was taken, I was shown voting yes. I intended to vote no.
C.E. Harris
When Record No. 1243 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1243 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
HB 5277 ON THIRD READING
(by Bucy, Moody, and Cain)
HB 5277, A bill to be entitled An Act relating to public access to criminal proceedings.
HB 5277 was passed by (Record 1244): 138 Yeas, 5 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; 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; Leo-Wilson; 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; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Dorazio; Noble; Slawson; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Slaton; Tepper.
STATEMENTS OF VOTE
When Record No. 1244 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1244 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 3443 ON THIRD READING
(by Canales, Cook, Capriglione, Noble, and E. Morales)
HB 3443, A bill to be entitled An Act relating to adding a designation on a person's driver's license or commercial driver's license indicating that the person is licensed to carry a handgun.
HB 3443 was passed by (Record 1245): 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.; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Goodwin; Slaton.
HB 3026 ON THIRD READING
(by Oliverson and E. Morales)
HB 3026, A bill to be entitled An Act relating to the administration of a prescription drug manufacturer or third-party prescription assistance program.
HB 3026 was passed by (Record 1246): 124 Yeas, 16 Nays, 1 Present, not voting.
Yeas — 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; 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.; 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.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Harrison; Hayes; Hefner; Isaac; Leo-Wilson; Metcalf; Patterson; Schaefer; Schatzline; Shaheen; Slawson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Allen; Lozano; Raymond; Slaton; Thierry.
STATEMENTS OF VOTE
When Record No. 1246 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1246 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
HB 3771 ON THIRD READING
(by J.E. Johnson, Button, Buckley, Rose, Morrison, et al.)
HB 3771, A bill to be entitled An Act relating to the creation of the employer child-care contribution partnership program administered by the Texas Workforce Commission; authorizing a civil penalty.
HB 3771 was passed by (Record 1247): 83 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Frank; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; 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; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smith; Talarico; Thierry; Thompson, S.; Toth; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Cain; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frazier; Gates; Gerdes; Geren; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; King, K.; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Slaton.
STATEMENTS OF VOTE
When Record No. 1247 was taken, I was shown voting no. I intended to vote yes.
Buckley
When Record No. 1247 was taken, I was shown voting yes. I intended to vote no.
J. Lopez
When Record No. 1247 was taken, I was shown voting yes. I intended to vote no.
Toth
HB 4419 ON THIRD READING
(by Goldman, Ashby, Hunter, Morrison, Collier, et al.)
HB 4419, A bill to be entitled An Act relating to the promotion of film and television production in this state, including the eligibility of film or television productions for funding under the major events reimbursement program, the creation of a film events trust fund and a film production tax rebate trust fund, the establishment of virtual film production institutes, and the designation of media production development zones.
HB 4419 was passed by (Record 1248): 121 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; 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.; 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.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; 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; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shine; Smith; Stucky; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, K.; Cain; DeAyala; Dorazio; Gates; Harrison; Hayes; Isaac; Klick; Leo-Wilson; Patterson; Schaefer; Shaheen; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Hefner; Lozano; Slaton.
STATEMENTS OF VOTE
When Record No. 1248 was taken, I was in the house but away from my desk. I would have voted no.
Hefner
When Record No. 1248 was taken, I was shown voting no. I intended to vote yes.
Klick
When Record No. 1248 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
HB 5005 ON THIRD READING
(by Cook, Smith, Geren, Anchía, Turner, et al.)
HB 5005, A bill to be entitled An Act relating to the disclosure under the public information law of a motor vehicle license plate number captured in a video recording maintained by a law enforcement agency.
HB 5005 was passed by (Record 1249): 135 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; Campos; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Canales; Harris, C.J.; Schaefer; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Slaton.
STATEMENT OF VOTE
When Record No. 1249 was taken, I was shown voting yes. I intended to vote no.
Isaac
HB 2684 ON THIRD READING
(by Burns and Cain)
HB 2684, A bill to be entitled An Act relating to the issuance of oversize or overweight permits for vehicles transporting agricultural commodities during or preceding a disaster.
HB 2684 was passed by (Record 1250): 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.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Rosenthal; Slaton.
STATEMENT OF VOTE
When Record No. 1250 was taken, my vote failed to register. I would have voted yes.
Rosenthal
HB 3039 ON THIRD READING
(by Klick and Garcia)
HB 3039, A bill to be entitled An Act relating to the Dentist and Dental Hygienist Compact; authorizing fees.
HB 3039 was passed by (Record 1251): 143 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; Campos; Canales; Capriglione; Clardy; Cole; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Collier.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Slaton.
HB 2542 ON THIRD READING
(by Raymond)
HB 2542, A bill to be entitled An Act relating to the adoption of uniform rules for hours of work for certain county employees.
Amendment No. 1
Representative Leo-Wilson offered the following amendment to HB 2542:
Amend HB 2542 on third reading in SECTION 1 of the bill, in amended Section 157.021(a), Local Government Code, as follows:
(1) Strike "355,000" and substitute "350,000 [355,000]".
(2) Strike "355,000" and substitute "350,000".
Amendment No. 1 was adopted.
HB 2542, as amended, was passed by (Record 1252): 132 Yeas, 10 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; 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.; Hayes; 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; Leo-Wilson; Longoria; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Cain; Harrison; Hefner; Schaefer; Schatzline; Slawson; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Hunter; Lopez, J.; Slaton.
STATEMENTS OF VOTE
When Record No. 1252 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1252 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1252 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1252 was taken, I was in the house but away from my desk. I would have voted no.
J. Lopez
When Record No. 1252 was taken, I was shown voting yes. I intended to vote no.
Metcalf
HB 1696 ON THIRD READING
(by Buckley, Oliverson, Cook, Gerdes, Noble, et al.)
HB 1696, A bill to be entitled An Act relating to the relationship between managed care plans and optometrists and therapeutic optometrists.
Amendment No. 1
Representative Buckley offered the following amendment to HB 1696:
Amend HB 1696 on third reading as follows:
(1) Strike page 2, lines 16-18.
(2) On page 2, line 19, strike "(5)" and substitute "(4)".
(3) On page 3, line 6, strike "6" and substitute "5".
(4) On page 3, line 20, strike "7" and substitute "6".
(5) On page 3, line 25, strike "8" and substitute "7".
(6) On page 5, line 4, strike "8" and substitute "7".
(7) On page 12, line 5, between "claim" and the underlined semicolon, insert the following:
unless the information is needed for the managed care plan to manufacture or cause to be manufactured a covered product that is submitted on the claim
(8) On page 12, line 11, between "claim" and the underlined semicolon, insert the following:
unless the information is needed for the managed care plan to manufacture or cause to be manufactured a covered product that is submitted on the claim
(9) On page 13, line 12, strike "vision" and substitute "managed".
(10) On page 13, line 20, between "plan" and "and" insert "or vision care plan".
(11) On page 13, lines 22 and 24, between "plan" and "delivered", insert "or vision care plan".
Amendment No. 1 was adopted.
HB 1696, as amended, was passed by (Record 1253): 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; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Harless; Slaton.
STATEMENTS OF VOTE
When Record No. 1253 was taken, I was in the house but away from my desk. I would have voted yes.
Harless
When Record No. 1253 was taken, I was shown voting yes. I intended to vote no.
Hayes
HB 1460 ON THIRD READING
(by Guillen)
HB 1460, A bill to be entitled An Act relating to axle weight limitations for certain vehicles transporting aggregates.
HB 1460 was passed by (Record 1254): 134 Yeas, 7 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; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; 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.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — González, J.; Isaac; Morales, C.; Morales Shaw; Ramos; Talarico; Walle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Frazier; Klick; Rose; Slaton.
STATEMENTS OF VOTE
When Record No. 1254 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1254 was taken, I was shown voting no. I intended to vote yes.
Isaac
When Record No. 1254 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
HB 1457 ON THIRD READING
(by Rosenthal, Wilson, Garcia, E. Morales, and Cortez)
HB 1457, A bill to be entitled An Act relating to required military informed care or military cultural competency training for certain personnel of entities that provide mental health services to veterans or veterans' families before award of a state agency grant.
HB 1457 was passed by (Record 1255): 124 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bell, K.; Cain; Craddick; Dean; Dorazio; Harris, C.E.; Harris, C.J.; Harrison; Metcalf; Oliverson; Paul; Schaefer; Schatzline; Slawson; Spiller; Stucky; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Gámez; Jetton; Slaton.
STATEMENT OF VOTE
When Record No. 1255 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
HB 2302 ON THIRD READING
(by A. Johnson, Shine, Ordaz, and Talarico)
HB 2302, A bill to be entitled An Act relating to certain requirements for the operational component of a local workforce development board's local plan.
HB 2302 was passed by (Record 1256): 98 Yeas, 45 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hayes; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Patterson; Perez; Plesa; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shaheen; Shine; Spiller; Stucky; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Buckley; Bumgarner; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Dorazio; Frank; Gates; Geren; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Hull; Isaac; Lambert; Landgraf; Leach; Leo-Wilson; Lozano; Metcalf; Noble; Oliverson; Orr; Paul; Price; Schaefer; Schatzline; Schofield; Slawson; Smith; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Holland; Slaton.
STATEMENTS OF VOTE
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Patterson
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Shaheen
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 1977 ON THIRD READING
(by Morales Shaw, Cain, Leach, Moody, Plesa, et al.)
HB 1977, A bill to be entitled An Act relating to the creation of a pretrial intervention program for certain youth offenders; authorizing a fee.
HB 1977 was passed by (Record 1257): 84 Yeas, 57 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Burns; Burrows; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dean; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hull; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Lalani; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Button; Capriglione; Clardy; Cook; Craddick; Cunningham; DeAyala; Dorazio; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hunter; Isaac; King, K.; Kitzman; Kuempel; Lambert; Leo-Wilson; Lujan; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Cain; Klick; Morrison; Slaton.
STATEMENTS OF VOTE
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1257 was taken, I was in the house but away from my desk. I would have voted yes.
Morrison
HB 2553 ON THIRD READING
(by Stucky and Swanson)
HB 2553, A bill to be entitled An Act relating to the treatment of a patient by a physical therapist without a referral.
HB 2553 failed to pass by (Record 1258): 42 Yeas, 93 Nays, 1 Present, not voting.
Yeas — Bonnen; Bumgarner; Burns; Cain; Capriglione; Clardy; Cook; Dorazio; Frank; Gates; Geren; Goldman; González, M.; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Howard; Klick; Lambert; Leo-Wilson; Lozano; Meza; Moody; Morales Shaw; Muñoz; Noble; Ortega; Patterson; Schaefer; Schofield; Shaheen; Smith; Stucky; Thimesch; Tinderholt; Troxclair; VanDeaver; Vasut; Zwiener.
Nays — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burrows; Button; Canales; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Gerdes; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Hernandez; Hinojosa; Holland; Hunter; Isaac; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Kuempel; Lalani; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Morales, C.; Morales, E.; Morrison; Murr; Neave Criado; Oliverson; Ordaz; Orr; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Slawson; Spiller; Swanson; Talarico; Tepper; Thierry; Thompson, S.; Toth; Turner; Walle; Wilson; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Bell, C.; Campos; Davis; Garcia; Hull; Jetton; King, T.; Schatzline; Slaton; Vo.
STATEMENTS OF VOTE
When Record No. 1258 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1258 was taken, I was shown voting yes. I intended to vote no.
Cook
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted no.
Garcia
When Record No. 1258 was taken, I was shown voting no. I intended to vote yes.
Gervin-Hawkins
When Record No. 1258 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 1258 was taken, I was shown voting no. I intended to vote yes.
Isaac
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
When Record No. 1258 was taken, I was shown voting no. I intended to vote yes.
J. Jones
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted no.
T. King
When Record No. 1258 was taken, I was shown voting yes. I intended to vote no.
Lozano
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
When Record No. 1258 was taken, I was shown voting no. I intended to vote yes.
Swanson
HB 4181 ON THIRD READING
(by Muñoz, Plesa, Guillen, Garcia, and E. Morales)
HB 4181, A bill to be entitled An Act relating to an exemption from ad valorem taxation of the residence homestead of the surviving spouse of a military service member who is killed or fatally injured in the line of duty.
HB 4181 was passed by (Record 1259): 135 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; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; 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; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dean; Hayes; Shine; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Campos; Garcia; Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1259 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1259 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1259 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1259 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1259 was taken, I was shown voting no. I intended to vote yes.
Shine
When Record No. 1259 was taken, I was shown voting no. I intended to vote yes.
Vasut
HB 3485 ON THIRD READING
(by K. Bell, Leach, Patterson, and Cook)
HB 3485, A bill to be entitled An Act relating to a contractor's or subcontractor's right to elect not to proceed with additional work under a contract.
HB 3485 was passed by (Record 1260): 138 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; 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; Leo-Wilson; 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; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bucy; Raymond.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Campos; Garcia; Reynolds; Schatzline; Slaton.
STATEMENT OF VOTE
When Record No. 1260 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
HB 3599 ON THIRD READING
(by Thierry, Swanson, Raymond, and Landgraf)
HB 3599, A bill to be entitled An Act relating to an exemption from certain motor fuel taxes for, and registration fees for motor vehicles owned by, certain nonprofit food banks.
HB 3599 was passed by (Record 1261): 137 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; 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; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bumgarner; Cain; Hayes; Slawson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1261 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1261 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
When Record No. 1261 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 1261 was taken, I was shown voting no. I intended to vote yes.
Vasut
When Record No. 1261 was taken, I was shown voting yes. I intended to vote no.
Wilson
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 1013 ON THIRD READING
(Noble - House Sponsor)
SB 1013, A bill to be entitled An Act relating to the franchise and insurance premium tax credit for the certified rehabilitation of certified historic structures.
SB 1013 was passed by (Record 1262): 142 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; 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; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Dean; Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1262 was taken, I was temporarily out of the house chamber. I would have voted yes.
Dean
When Record No. 1262 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
SB 604 ON THIRD READING
(Hefner - House Sponsor)
SB 604, A bill to be entitled An Act relating to land services performed by a landman.
SB 604 was passed by (Record 1263): 129 Yeas, 13 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; Campos; Clardy; Cole; Collier; Cook; Cortez; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; 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; Leo-Wilson; 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; Ortega; Patterson; Paul; Perez; Plesa; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bumgarner; Cain; Canales; Capriglione; Craddick; Cunningham; Hinojosa; Holland; Murr; Price; Ramos; Schaefer; Slawson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Guerra; Orr; Slaton.
STATEMENTS OF VOTE
When Record No. 1263 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1263 was taken, I was shown voting yes. I intended to vote no.
Toth
SB 840 ON THIRD READING
(Anchía, J.E. Johnson, V. Jones, et al. - House Sponsors)
SB 840, A bill to be entitled An Act relating to increasing the criminal penalty for assault of certain hospital personnel.
SB 840 was passed by (Record 1264): 139 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; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; 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.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Schaefer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Geren; Gervin-Hawkins; Jones, V.; Leach; Slaton.
STATEMENTS OF VOTE
When Record No. 1264 was taken, my vote failed to register. I would have voted yes.
Gervin-Hawkins
When Record No. 1264 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1264 was taken, I was shown voting no. I intended to vote yes.
Schaefer
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 4557 ON SECOND READING
(by Darby, Leach, Bonnen, Guillen, Landgraf, et al.)
CSHB 4557, A bill to be entitled An Act relating to liability for capturing and storing carbon dioxide.
CSHB 4557 was read second time on May 6, postponed until 3 p.m. May 6, and was again postponed until 4 p.m. May 6.
CSHB 4557 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of CSHB 4557 under Rule 4, Section 32(c)(5), of the House Rules on the grounds that the comparison section of the bill analysis is substantially or materially misleading.
(C.J. Harris in the chair)
The point of order was withdrawn.
Representative Darby moved to postpone consideration of CSHB 4557 until 10 a.m. Wednesday, January 10, 2024.
The motion prevailed.
CSHB 2779 ON SECOND READING
(by Leach)
CSHB 2779, A bill to be entitled An Act relating to the compensation of a district judge and the associated retirement benefits of certain other elected state officials.
CSHB 2779 was read second time on May 6 and was postponed until 8 a.m. today.
Amendment No. 1
Representative Leach offered the following amendment to CSHB 2779:
Amend CSHB 2779 (house committee report) by striking page 3, lines 13 through 26, and renumbering subsequent SECTIONS of the bill and references to those SECTIONS accordingly.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Leach offered the following amendment to CSHB 2779:
Amend CSHB 2779 (house committee report) by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 820.053(c), Government Code, is amended to read as follows:
(c) For purposes of this section, a member of the elected class of membership under Section 812.002(a)(2) shall have the member's accumulated account balance computed as if the contributions to the account were based on an annual [the state base] salary equal to the dollar amount used to compute the standard service retirement annuity for service credited in the elected class of membership under Section 814.103(a)[, excluding longevity pay payable under Section 659.0445, being paid a district judge as set by the General Appropriations Act in accordance with Section 659.012(a)].
Amendment No. 2 was adopted.
Amendment No. 3
Representative Shaheen offered the following amendment to CSHB 2779:
Amend CSHB 2779 (house committee report) on page 2, between lines 17 and 18, by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS and references to those SECTIONS accordingly:
SECTION ____. Section 810.003, Government Code, is amended by amending Subsections (c), (d), and (e) and adding Subsection (d-1) to read as follows:
(c) Except as provided by Subsection (d), a member of a public retirement system is not eligible to receive a service retirement annuity under the retirement system if the member is:
(1) convicted of a qualifying felony committed while in office and arising directly from the official duties of that elected office; or
(2) expelled from a house of the legislature under Section 11, Article III, Texas Constitution.
(d) The retirement system, on receipt of notice of a conviction under Subsection (e) or (k), any similar notice of a conviction of a qualifying felony from a United States district court or United States attorney, or any other information that the retirement system determines by rule is sufficient to establish a conviction of a qualifying felony, shall suspend payments of a service retirement annuity to a person the system determines is ineligible to receive the annuity under Subsection (c)(1). A person whose conviction is overturned on appeal or who meets the requirements for innocence under Section 103.001(a)(2), Civil Practice and Remedies Code:
(1) is entitled to receive an amount equal to the accrued total of payments and interest earned on the payments withheld during the suspension period; and
(2) may resume receipt of annuity payments on payment to the retirement system of an amount equal to the contributions refunded to the person under Subsection (f).
(d-1) The retirement system, on receipt of notice of expulsion of a member from the legislature, shall suspend payments of a service retirement annuity to a person the system determines is ineligible to receive the annuity under Subsection (c)(2).
(e) Not later than the 30th day after the conviction of a person of a qualifying felony or expulsion of a member from the legislature, the governmental entity to which the person was elected or appointed must provide written notice of the conviction or expulsion to the public retirement system in which the person is enrolled. The notice must comply with the administrative rules adopted by the public retirement system under Subsection (j).
Amendment No. 3 was adopted.
Amendment No. 4
Representative T. King offered the following amendment to CSHB 2779:
Amend CSHB 2779 (house committee report) on page 2, line 23, by striking "$140,000" and substituting "the sum of $140,000 plus any applicable increases determined by the Texas Ethics Commission to reflect inflation or any other relevant factors".
Amendment No. 4 was adopted.
Amendment No. 5
Representatives Dean and Spiller offered the following amendment to CSHB 2779:
Amend CSHB 2779 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 26.006(a), Government Code, is amended to read as follows:
(a) A county judge is entitled to an annual salary supplement from the state in an amount equal to 18 percent of the annual [state base] salary paid to a district judge with comparable years of service as the county judge as set by the General Appropriations Act in accordance with Section 659.012 [659.012(a)] if at least 18 percent of the:
(1) functions that the judge performs are judicial functions; or
(2) total hours that the judge works are in the performance of judicial functions.
SECTION ____. Section 26.006(a), Government Code, as amended by this Act, applies only to a salary payment for a pay period beginning on or after the effective date of this Act. A salary payment for a pay period beginning before the effective date of this Act is governed by the law in effect on the date the pay period began, and that law is continued in effect for that purpose.
Amendment No. 5 was adopted.
A record vote was requested.
CSHB 2779, as amended, was passed to engrossment by (Record 1265): 138 Yeas, 2 Nays, 3 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; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Harrison; Toth.
Present, not voting — Mr. Speaker; Harris, C.J.(C); Johnson, A.
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Frazier; Slaton; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1265 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1265 was taken, I was shown voting no. I intended to vote yes.
Toth
SB 1766 ON SECOND READING
(Paul - House Sponsor)
SB 1766, A bill to be entitled An Act relating to indemnification and duties of real property appraisers under certain governmental contracts.
SB 1766 was considered in lieu of HB 2584.
SB 1766 was read second time and was passed to third reading.
HB 2584 - LAID ON THE TABLE SUBJECT TO CALL
Representative Paul moved to lay HB 2584 on the table subject to call.
The motion prevailed.
HB 2402 ON THIRD READING
(by Moody)
HB 2402, A bill to be entitled An Act relating to the eligibility of certain at-risk developments to receive low income housing tax credits.
HB 2402 was read third time on May 6 and was postponed until 10 a.m. today.
HB 2402 was passed by (Record 1266): 80 Yeas, 61 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Cole; Collier; Cortez; Craddick; Darby; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bumgarner; Cain; Canales; Capriglione; Clardy; Cook; Cunningham; Dean; DeAyala; Dorazio; Gates; Gerdes; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent — Bonnen; Goldman; Slaton.
STATEMENTS OF VOTE
When Record No. 1266 was taken, I was shown voting yes. I intended to vote no.
Frazier
When Record No. 1266 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1266 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
HB 3600 ON SECOND READING
(by Price, Shine, Gervin-Hawkins, Moody, Clardy, et al.)
HB 3600, A bill to be entitled An Act relating to the establishment of the Texas Multimedia Production Program; providing tax credits; authorizing fees.
HB 3600 was read second time on May 1 and was postponed until 10 a.m. today.
Representative Price moved to postpone consideration of HB 3600 until 9 a.m. Thursday, May 11.
The motion prevailed.
SB 2158 ON SECOND READING
(Murr and Talarico - House Sponsors)
SB 2158, A bill to be entitled An Act relating to the establishment of an adult education pilot program by the Windham School District.
SB 2158 was considered in lieu of CSHB 4921.
SB 2158 was read second time and was passed to third reading.
CSHB 4921 - LAID ON THE TABLE SUBJECT TO CALL
Representative Murr moved to lay CSHB 4921 on the table subject to call.
The motion prevailed.
CSSB 1893 ON SECOND READING
(Anderson - House Sponsor)
CSSB 1893, A bill to be entitled An Act relating to prohibiting the use of certain social media applications and services on devices owned or leased by state agencies.
CSSB 1893 was considered in lieu of CSHB 3289.
CSSB 1893 was read second time and was passed to third reading.
CSHB 3289 - LAID ON THE TABLE SUBJECT TO CALL
Representative Anderson moved to lay CSHB 3289 on the table subject to call.
The motion prevailed.
SB 371 ON SECOND READING
(Turner, Plesa, M. González, and Garcia - House Sponsors)
SB 371, A bill to be entitled An Act relating to the Texas Armed Services Scholarship Program.
SB 371 was considered in lieu of CSHB 1192.
SB 371 was read second time and was passed to third reading.
CSHB 1192 - LAID ON THE TABLE SUBJECT TO CALL
Representative Turner moved to lay CSHB 1192 on the table subject to call.
The motion prevailed.
SB 1887 ON SECOND READING
(Turner - House Sponsor)
SB 1887, A bill to be entitled An Act relating to the requirements for the early college education program and the transfer of course credit among public institutions of higher education.
SB 1887 was considered in lieu of CSHB 3486.
SB 1887 was read second time and was passed to third reading.
CSHB 3486 - LAID ON THE TABLE SUBJECT TO CALL
Representative Turner moved to lay CSHB 3486 on the table subject to call.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative K. King requested permission for the Committee on Licensing and Administrative Procedures to meet while the house is in session, at 2:30 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENTS
At 1:49 p.m., the following committee meetings were announced:
Licensing and Administrative Procedures, 2:30 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
General Investigating, 2 p.m. today, E2.012, for a formal meeting, to consider committee business.
HB 4713 ON SECOND READING
(by Plesa, Rose, Price, Oliverson, Perez, et al.)
HB 4713, A bill to be entitled An Act relating to group health benefit plan coverage for early treatment of first episode psychosis.
HB 4713 was read second time on May 4 and was postponed until 10 a.m. today.
HB 4713 - POINT OF ORDER
Representative Hayes raised a point of order against further consideration of HB 4713 under Rule 4, Section 32(c)(5), and Rule 8, Section 1(a)(1), of the House Rules on the grounds that the bill analysis is substantially or materially misleading and the bill caption failed to give reasonable notice of the subject of the bill.
LEAVES OF ABSENCE GRANTED
Pursuant to a previous motion, the following members were granted leaves of absence for the remainder of today to attend a meeting of the Committee on General Investigating:
Murr on motion of Metcalf.
A. Johnson on motion of Metcalf.
Longoria on motion of Metcalf.
Spiller on motion of Metcalf.
Pursuant to a previous motion, the following member was granted leave of absence temporarily for today to attend a meeting of the Committee on General Investigating:
Geren on motion of Metcalf.
HB 4713 - (consideration continued)
The point of order was withdrawn.
Amendment No. 1
Representative Leach offered the following amendment to HB 4713:
Amend HB 4713 (house committee printing) as follows:
(1) On page 1, line 20, strike "must" and substitute "may".
(2) On page 1, strike line 24 and substitute the following:
(b) If the group health benefit plan provides coverage under this section, the plan must provide coverage
(3) On page 2, line 4, between "services"" and "include", insert "may".
(4) On page 3, line 3, between "covered" and "under", insert "by a group health benefit plan that provides coverage".
(5) On page 3, line 10, strike "shall" and substitute "may".
(6) On page 3, line 15, between "issuer" and "on", insert "that provides coverage under this section".
(7) On page 3, line 22, strike "more than" and substitute "at least".
(8) On page 4, line 10, strike "as required".
(9) On page 4, line 14, strike "March" and substitute "June".
(10) On page 4, line 21, strike "as required by" and substitute "under".
(11) On page 5, lines 6 and 8, strike each instance of "March" and substitute "June".
Amendment No. 1 was adopted.
A record vote was requested.
HB 4713, as amended, was passed to engrossment by (Record 1267): 81 Yeas, 54 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burns; Campos; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Frazier; Gámez; Garcia; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Klick; Kuempel; Lalani; Leach; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Price; Raymond; Reynolds; Romero; Rose; Rosenthal; Smith; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harrison; Hayes; Hefner; Hull; Hunter; Isaac; King, K.; Kitzman; Lambert; Landgraf; Leo-Wilson; Lujan; Morrison; Noble; Patterson; Paul; Ramos; Rogers; Schaefer; Schofield; Shaheen; Shine; Slawson; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Harless; Orr; Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1267 was taken, I was shown voting no. I intended to vote yes.
Canales
When Record No. 1267 was taken, I was shown voting no. I intended to vote yes.
Gates
When Record No. 1267 was taken, I was in the house but away from my desk. I would have voted no.
Harless
When Record No. 1267 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1267 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1267 was taken, I was shown voting no. I intended to vote yes.
Ramos
When Record No. 1267 was taken, I was shown voting no. I intended to vote yes.
Rogers
When Record No. 1267 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
CSHB 4402 ON SECOND READING
(by K. Bell, Buckley, VanDeaver, Landgraf, Talarico, et al.)
CSHB 4402, A bill to be entitled An Act relating to the administration of certain assessment instruments, the accountability rating system for assessing campus and district performance, and an extracurricular and cocurricular allotment under the Foundation School Program.
CSHB 4402 was read second time on May 4, postponed until June 22, and was again postponed until 10 a.m. today.
Amendment No. 1
Representative K. Bell offered the following amendment to CSHB 4402:
Amend CSHB 4402 (house committee report) as follows:
(1) On page 7, lines 2 and 3, strike "student and parent satisfaction in accordance with Section 39.0534" and substitute "successful completion of middle school career and technology education courses".
(2) On page 10, line 2, strike "In" and substitute "Beginning with the 2027-2028 school year, in".
(3) On page 11, line 11, strike "Sections 39.0534 and" and substitute "Section".
(4) Strike page 11, line 12, through page 12, line 5.
(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 39.054, Education Code, is amended by adding Subsection (f) to read as follows:
(f) Notwithstanding any other law or regulation, for purposes of assigning school districts and campuses overall and domain performance ratings under Subsection (a) for the 2022-2023 and 2023-2024 school years, the commissioner shall set the rating standards for the college, career, and military readiness indicators under Section 39.053(c)(1)(B) using the specific criteria and calculations for 2022 described by 19 T.A.C. Section 97.1001(b) as that rule existed on January 1, 2023, including cut scores, scaling, and targets. If the commissioner determines that a waiver or authorization from the United States Department of Education is necessary for the implementation of this subsection, the commissioner shall request the waiver or authorization and may delay the implementation of this subsection until the waiver or authorization is granted. This subsection expires December 1, 2024.
(6) On page 12, line 21, strike "This" and substitute "(a) Except as provided by Subsection (b) of this section, this".
(7) On page 12, between lines 22 and 23, insert the following:
(b) Section 39.054(f), Education Code, as added by this Act, applies on the effective date of this Act.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Allison offered the following amendment to CSHB 4402:
Amend CSHB 4402 as follows:
(1) On page 1, between lines 6 and 7, insert the following appropriately numbered SECTION and renumber the remaining SECTIONS of the bill appropriately:
SECTION ____. Section 29.182(b), Education Code, is amended to read as follows:
(b) The state plan must include procedures designed to ensure that:
(1) all secondary and postsecondary students have the opportunity to participate in career and technology education programs;
(2) the state complies with requirements for supplemental federal career and technology education funding;
(3) career and technology education is established as a part of the total education system of this state and constitutes an option for student learning that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may receive specific education in a career and technology program that:
(A) incorporates competencies leading to academic and technical skill attainment;
(B) leads to:
(i) an industry-recognized license, credential, or certificate; or
(ii) at the postsecondary level, an associate or baccalaureate degree;
(C) includes opportunities for students to earn college credit for coursework; and
(D) includes, as an integral part of the program, participation by students and teachers in activities of career and technical student organizations supported by the agency and the State Board of Education; [and]
(4) a school district provides, to the greatest extent possible, to a student participating in a career and technology education program opportunities to enroll in dual credit courses designed to lead to a degree, license, or certification as part of the program; and
(5) courses of study in a Junior Reserve Officer Training Corps program or Leadership Officer Training Corps program are provided as part of a career and technology education program.
(2) On page 7, between lines 19 and 20, strike "(iv) students who enlist in the armed forces of the United States or the Texas National Guard;" and substitute the following:
(iv) students who demonstrate military readiness by:
(a) enlisting [cnlist] in the armed forces of the United States or the Texas National Guard;
(b) achieving a passing score set by the applicable military branch on the Armed Services Vocational Aptitude Battery test; or
(c) successfully completing a Junior Reserve Officer Training Corps program;
(1) On page 11, between lines 10 and 11, insert the following appropriately numbered SECTION and renumber the remaining SECTIONS of the bill appropriately:
Amendment No. 2 was adopted.
Amendment No. 3
Representative Metcalf offered the following amendment to CSHB 4402:
Amend CSHB 4402 (house committee printing) on page 3, line 10, by striking "one" and substituting "three".
Amendment No. 3 was adopted.
Amendment No. 4
Representative Zwiener offered the following amendment to CSHB 4402:
Amend CSHB 4402 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.02301 to read as follows:
Sec. 39.02301. OPTIONAL USE OF WRITING PORTFOLIO ASSESSMENT. (a) A school district may elect to use a writing portfolio assessment to assess writing performance for students enrolled in the district as an alternative to administering the portion of a reading assessment instrument under Section 39.023(a) or English I or English II end-of-course assessment instrument under Section 39.023(c) that is not presented in a multiple choice format.
(b) A school district that elects to use a writing portfolio assessment under this section shall design the assessment in consultation with a public or private institution of higher education and submit the assessment to the agency for approval. The agency shall approve the assessment if the assessment is:
(1) determined by the public or private institution of higher education that consulted on the design of the assessment to be valid and reliable; and
(2) designed to assess:
(A) a student's mastery of the essential knowledge and skills in writing through timed writing samples;
(B) improvement of a student's writing skills from the beginning of the school year to the end of the school year;
(C) a student's ability to follow the writing process from rough draft to final product; and
(D) a student's ability to produce more than one type of writing style.
(c) A school district that elects to use a writing portfolio assessment under this section may adopt a policy allowing the assessment to be scored by a classroom teacher assigned to the same campus as the student to whom the assessment is administered. The district may coordinate with the regional education service center for the district's region in grading the assessments.
(d) A school district that elects to use a writing portfolio assessment under this section is not required to administer the portion of a reading assessment instrument under Section 39.023(a) or English I or English II end-of-course assessment instrument under Section 39.023(c) that is not presented in a multiple choice format during the period the district is administering the writing portfolio assessment. The agency shall, to the greatest extent practicable, apply cost savings that result from the exemption under this subsection to offset the costs accrued under this section.
(e) The commissioner shall adopt rules as necessary to implement this section.
Amendment No. 4 was adopted.
A record vote was requested.
CSHB 4402, as amended, was passed to engrossment by (Record 1268): 126 Yeas, 11 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; 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.(C); Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; 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; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Cain; Dorazio; Harrison; Isaac; Paul; Schaefer; Schatzline; Slawson; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker.
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Leo-Wilson; Orr; Slaton.
STATEMENTS OF VOTE
When Record No. 1268 was taken, I was shown voting no. I intended to vote yes.
Slawson
When Record No. 1268 was taken, I was shown voting no. I intended to vote yes.
Wilson
SB 380 ON SECOND READING
(Moody - House Sponsor)
SB 380, A bill to be entitled An Act relating to payment of certain court costs associated with interpreters.
SB 380 was considered in lieu of CSHB 3544.
SB 380 was read second time.
A record vote was requested.
SB 380 was passed to third reading by (Record 1269): 115 Yeas, 18 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; 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; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; 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; Neave Criado; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smith; Stucky; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; DeAyala; Harrison; Hayes; Hefner; Isaac; Leo-Wilson; Noble; Schaefer; Schatzline; Shaheen; Slawson; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bell, C.; Dutton; Orr; Rogers; Schofield; Slaton.
STATEMENTS OF VOTE
When Record No. 1269 was taken, I was in the house but away from my desk. I would have voted no.
C. Bell
When Record No. 1269 was taken, I was in the house but away from my desk. I would have voted yes.
Rogers
CSHB 3544 - LAID ON THE TABLE SUBJECT TO CALL
Representative Moody moved to lay CSHB 3544 on the table subject to call.
The motion prevailed.
HB 3545 ON SECOND READING
(by Moody)
HB 3545, A bill to be entitled An Act relating to civil liability arising from a firearm hold agreement.
HB 3545 was read second time on May 6 and was postponed until 10 a.m. today.
HB 3545 was passed to engrossment.
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 1585 ON SECOND READING
(by Geren)
CSHB 1585, A bill to be entitled An Act relating to matters affecting the powers and duties of the Texas Ethics Commission.
Representative Ashby moved to postpone consideration of CSHB 1585 until 9 a.m. tomorrow.
The motion prevailed.
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
CSHJR 141 ON SECOND READING
(by Guillen)
CSHJR 141, A joint resolution proposing a constitutional amendment authorizing the legislature to define certain terms for purposes of the exemption from ad valorem taxation of farm products in the hands of the producer.
Amendment No. 1
Representative Zwiener offered the following amendment to CSHJR 141:
Amend CSHJR 141 (house committee report) as follows:
(1) On page 1, between lines 4 and 5, insert the following:
ARTICLE 1. EXEMPTION FOR FARM PRODUCTS IN THE HANDS OF THE PRODUCER
(2) On page 1, line 5, strike "SECTION 1" and substitute "SECTION 1.01".
(3) On page 1, line 17, strike "SECTION 2" and substitute "SECTION 1.02".
(4) Add the following appropriately numbered ARTICLE to the bill:
ARTICLE ____. EXEMPTION FOR RAINWATER HARVESTING OR GRAYWATER SYSTEM
SECTION ____.01. Article VIII, Texas Constitution, is amended by adding Section 1-u to read as follows:
Sec. 1-u. The legislature by general law may authorize the commissioners court of a county to exempt from ad valorem taxation by each political subdivision that taxes the property the portion
of the assessed value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system and may provide additional eligibility requirements for the exemption.
SECTION ____.02. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2023. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to authorize the commissioners court of a county to exempt from ad valorem taxation by each political subdivision that taxes the property the portion of the assessed value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system."
Amendment No. 1 was adopted.
CSHJR 141, as amended, was adopted by (Record 1270): 129 Yeas, 2 Nays, 2 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; 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.; Harrison; Hayes; Hefner; Hernandez; Herrero; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Neave Criado; Noble; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Ramos; Tinderholt.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Clardy; Hinojosa; Morales Shaw; Oliverson; Orr; Schatzline; Schofield; Slaton.
STATEMENTS OF VOTE
When Record No. 1270 was taken, I was in the house but away from my desk. I would have voted yes.
Clardy
When Record No. 1270 was taken, I was in the house but away from my desk. I would have voted yes.
Hinojosa
CSHJR 169 ON SECOND READING
(by Clardy, Rogers, T. King, Price, Burrows, et al.)
CSHJR 169, A joint resolution proposing a constitutional amendment providing for the dedication of certain sales and use tax revenue to a special fund established in the state treasury to pay for water infrastructure in this state.
CSHJR 169 was adopted by (Record 1271): 127 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; 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.; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Hefner; Tinderholt; Toth.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bowers; Collier; Orr; Schaefer; Schatzline; Slaton; Wilson.
STATEMENTS OF VOTE
When Record No. 1271 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 1271 was taken, I was in the house but away from my desk. I would have voted yes.
Collier
When Record No. 1271 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1271 was taken, my vote failed to register. I would have voted no.
Schaefer
When Record No. 1271 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 2644 ON SECOND READING
(by Craddick)
CSHB 2644, A bill to be entitled An Act relating to the definition of qualified employee for purposes of the enterprise zone program.
A record vote was requested.
CSHB 2644 was passed to engrossment by (Record 1272): 121 Yeas, 14 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; 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; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Schofield; Shaheen; Shine; Smith; Stucky; Swanson; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Isaac; Leo-Wilson; Orr; Schaefer; Schatzline; Slawson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bumgarner; Dorazio; Rosenthal; Slaton.
STATEMENTS OF VOTE
When Record No. 1272 was taken, my vote failed to register. I would have voted yes.
Dorazio
When Record No. 1272 was taken, I was shown voting yes. I intended to vote no.
Swanson
HB 381 ON SECOND READING
(by S. Thompson, Leach, Cook, et al.)
HB 381, A bill to be entitled An Act relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.
HB 381 was passed to engrossment.
CSHB 1583 ON SECOND READING
(by Burrows)
CSHB 1583, A bill to be entitled An Act relating to the election of the board of directors of the Terry Memorial Hospital District.
CSHB 1583 was passed to engrossment.
HB 2102 ON SECOND READING
(by Goldman)
HB 2102, A bill to be entitled An Act relating to the establishment of a new open-enrollment charter school campus by certain charter holders and to the expansion of an open-enrollment charter school.
A record vote was requested.
HB 2102 was passed to engrossment by (Record 1273): 103 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Herrero; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Raymond; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thierry; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — Allison; Bryant; Canales; Cole; Collier; Cortez; Flores; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Jones, J.; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ordaz; Ortega; Plesa; Ramos; Rogers; Walle.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Buckley; Bucy; Davis; Jones, V.; King, T.; Reynolds; Slaton; Talarico; Thimesch; Thompson, S.; Turner.
STATEMENTS OF VOTE
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
Buckley
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted no.
V. Jones
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Romero
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
Thimesch
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Zwiener
HB 2313 ON SECOND READING
(by S. Thompson, Garcia, et al.)
HB 2313, A bill to be entitled An Act relating to training materials for certain transportation network company drivers regarding human trafficking awareness and prevention.
HB 2313 was passed to engrossment.
CSHB 1754 ON SECOND READING
(by Smithee)
CSHB 1754, A bill to be entitled An Act relating to the disclosure of certain prescription drug information by a health benefit plan.
Representative Price moved to postpone consideration of CSHB 1754 until 10 a.m. tomorrow.
The motion prevailed.
CSHB 3340 ON SECOND READING
(by Metcalf, Perez, Harless, Oliverson, J.D. Johnson, et al.)
CSHB 3340, A bill to be entitled An Act relating to the public retirement systems of certain municipalities.
CSHB 3340 was passed to engrossment.
SB 502 ON SECOND READING
(Darby and E. Morales - House Sponsors)
SB 502, A bill to be entitled An Act relating to the treatment, recycling for beneficial use, or disposal of drill cuttings.
SB 502 was considered in lieu of HB 618.
SB 502 was passed to third reading.
HB 618 - LAID ON THE TABLE SUBJECT TO CALL
Representative Darby moved to lay HB 618 on the table subject to call.
The motion prevailed.
CSHB 1190 ON SECOND READING
(by Klick, Howard, Bonnen, et al.)
CSHB 1190, A bill to be entitled An Act relating to the prescribing and ordering of Schedule II controlled substances by certain advanced practice registered nurses and physician assistants.
CSHB 1190 was passed to engrossment. (Shine recorded voting no.)
CSHB 1614 ON SECOND READING
(by Dutton)
CSHB 1614, A bill to be entitled An Act relating to a grant program to provide free public school prekindergarten programs to certain children who are eligible for the subsidized child-care program administered by the Texas Workforce Commission.
A record vote was requested.
CSHB 1614 was passed to engrossment by (Record 1274): 88 Yeas, 44 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bell, C.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Campos; Clardy; Cole; Collier; Cortez; Cunningham; Davis; DeAyala; Dutton; Flores; Frank; Gámez; Garcia; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shine; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bailes; Bonnen; Bumgarner; Cain; Canales; Capriglione; Cook; Craddick; Dean; Dorazio; Gates; Gerdes; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Klick; Leach; Leo-Wilson; Martinez Fischer; Metcalf; Noble; Orr; Patterson; Paul; Price; Rogers; Schaefer; Shaheen; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bell, K.; Button; Darby; Frazier; Harris, C.E.; Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1274 was taken, I was shown voting no. I intended to vote yes.
Bailes
When Record No. 1274 was taken, I was in the house but away from my desk. I would have voted no.
K. Bell
When Record No. 1274 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1274 was taken, I was in the house but away from my desk. I would have voted no.
C.E. Harris
When Record No. 1274 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
HB 1694 ON SECOND READING
(by Button, Neave Criado, and Harless)
HB 1694, A bill to be entitled An Act relating to a local option election on the sale of alcoholic beverages in certain areas of a municipality and the local regulation of premises in those areas.
HB 1694 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of HB 1694 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
HB 1694 was passed to engrossment.
CSHB 2164 ON SECOND READING
(by Guerra and Allen)
CSHB 2164, A bill to be entitled An Act relating to public school bilingual education programs, dual language immersion programs, and special language programs.
CSHB 2164 was passed to engrossment.
CSHB 2333 ON SECOND READING
(by Allison)
CSHB 2333, A bill to be entitled An Act relating to noncharitable trusts without an ascertainable beneficiary.
CSHB 2333 was passed to engrossment.
CSHB 2389 ON SECOND READING
(by Shine)
CSHB 2389, A bill to be entitled An Act relating to companies in which employees have ownership interests through employee stock ownership plans.
Amendment No. 1
Representative Shine offered the following amendment to CSHB 2389:
Amend CSHB 2389 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 2155.074(b-1), Government Code, is amended to read as follows:
(b-1) The comptroller or other state agency may, subject to Subsection (c) and Section 2155.075, consider the following relevant factors under Subsection (b), including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and services;
(4) the delivery terms;
(5) indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment;
(9) the impact of a purchase on the agency's administrative resources; [and]
(10) whether the vendor is an employee-owned company, as defined by Section 271.909, Local Government Code, that is incorporated or headquartered in this state; and
(11) other factors relevant to determining the best value for the state in the context of a particular purchase.
SECTION ____. Subchapter Z, Chapter 271, Local Government Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. CONSIDERATION OF TEXAS EMPLOYEE-OWNED COMPANIES. (a) In this section:
(1) "Employee-owned company" means a corporation for which a majority of the stock is held by an employee stock ownership plan, as defined by Section 4975(e) of the Internal Revenue Code of 1986 (26 U.S.C. Section 4975(e)).
(2) "Governmental entity" means a municipality, county, or special district.
(b) A governmental entity may consider as a relevant factor in scoring a vendor who is responding to a procurement solicitation for goods or services whether the vendor is an employee-owned company incorporated or headquartered in this state.
Amendment No. 1 was adopted.
CSHB 2389, as amended, was passed to engrossment.
CSHB 3130 ON SECOND READING
(by Guerra, Hernandez, Noble, Howard, et al.)
CSHB 3130, A bill to be entitled An Act relating to the protection of certain occupational licensing information regarding clients of family violence shelter centers, victims of trafficking shelter centers, and sexual assault programs and survivors of family violence, domestic violence, and sexual assault.
CSHB 3130 was passed to engrossment.
CSHB 3186 ON SECOND READING
(by Leach)
CSHB 3186, A bill to be entitled An Act relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.
CSHB 3186 was passed to engrossment.
CSHB 2415 ON SECOND READING
(by Kuempel, Goldman, Longoria, and Cole)
CSHB 2415, A bill to be entitled An Act relating to the view of the State Capitol.
CSHB 2415 was passed to engrossment.
CSHB 2650 ON SECOND READING
(by Howard, Guillen, Neave Criado, and Garcia)
CSHB 2650, A bill to be entitled An Act relating to the continuation and duties of the Sexual Assault Survivors' Task Force and establishment of a mandatory training program for peace officers on responding to reports of child sexual abuse and adult sexual assault.
Representative Howard moved to postpone consideration of CSHB 2650 until 9 a.m. Wednesday, May 10.
The motion prevailed.
SB 1243 ON SECOND READING
(Ashby - House Sponsor)
SB 1243, A bill to be entitled An Act relating to the franchise tax treatment of certain broadband grants made for the purposes of broadband deployment in this state.
SB 1243 was considered in lieu of HB 2859.
A record vote was requested.
SB 1243 was passed to third reading by (Record 1275): 120 Yeas, 10 Nays, 2 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; Gerdes; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Leo-Wilson; Schaefer; Schatzline; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Gates; González, J.; Isaac; Jones, J.; Klick; Manuel; Orr; Plesa; Slaton.
STATEMENTS OF VOTE
When Record No. 1275 was taken, I was in the house but away from my desk. I would have voted yes.
J. González
When Record No. 1275 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 1275 was taken, my vote failed to register. I would have voted no.
Isaac
When Record No. 1275 was taken, I was in the house but away from my desk. I would have voted yes.
J. Jones
When Record No. 1275 was taken, I was in the house but away from my desk. I would have voted yes.
Klick
When Record No. 1275 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1275 was taken, I was temporarily out of the house chamber. I would have voted yes.
Orr
When Record No. 1275 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
When Record No. 1275 was taken, I was shown voting yes. I intended to vote no.
Swanson
HB 2859 - LAID ON THE TABLE SUBJECT TO CALL
Representative Ashby moved to lay HB 2859 on the table subject to call.
The motion prevailed.
HB 3241 ON SECOND READING
(by Guillen)
HB 3241, A bill to be entitled An Act relating to the exemption of certain assets used for agricultural production from property taxes.
Amendment No. 1
Representative Zwiener offered the following amendment to HB 3241:
Amend HB 3241 (house committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.325 to read as follows:
Sec. 11.325. WATER CONSERVATION SYSTEMS. (a) In this section, "graywater" has the meaning assigned by Section 341.039, Health and Safety Code.
(b) The commissioners court of a county by order may adopt an exemption from taxation of the portion of the appraised value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system. An exemption adopted by a commissioners court under this section applies to the taxation of property by each taxing unit that taxes the property.
SECTION ____. Section 11.325, Tax Code, as added by this Act, applies only to ad valorem taxes imposed for a tax year that begins on or after January 1, 2024.
(2) On page 1, line 24, strike "This Act takes effect September 1, 2023." and substitute the following:
(a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2023.
(b) Section 11.325, Tax Code, as added by this Act, takes effect January 1, 2024, but only if the constitutional amendment to authorize the commissioners court of a county to exempt from ad valorem taxation by each political subdivision that taxes the property the portion of the assessed value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system is approved by the voters. If that amendment is not approved by the voters, Section 11.325, Tax Code, as added by this Act, has no effect.
Amendment No. 1 was adopted.
HB 3241, as amended, was passed to engrossment.
CSHB 3363 ON SECOND READING
(by Frank, Murr, and Sherman)
CSHB 3363, A bill to be entitled An Act relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.
CSHB 3363 was passed to engrossment.
HB 3848 ON SECOND READING
(by Oliverson)
HB 3848, A bill to be entitled An Act relating to health maintenance organization and preferred provider benefit plan minimum access standards for nonemergency ambulance transport services delivered by emergency medical services providers; providing administrative penalties.
HB 3848 was passed to engrossment.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List Nos. 17 and 18).
CSHB 4169 ON SECOND READING
(by Price and Noble)
CSHB 4169, A bill to be entitled An Act relating to providing prevocational or similar services under certain Medicaid waiver programs.
Amendment No. 1
Representative Price offered the following amendment to CSHB 4169:
Amend CSHB 4169 (house committee report) on page 2, between lines 16 and 17, by inserting the following:
(f) The executive commissioner by rule shall establish clearly stated, service-related performance standards applicable to providers providing prevocational or similar services to recipients under a medical assistance waiver program in accordance with this section. The commission shall monitor the performance of each provider of prevocational or similar services under a medical assistance waiver program to ensure compliance with those standards.
Amendment No. 1 was adopted.
CSHB 4169, as amended, was passed to engrossment.
SB 763 ON SECOND READING
(Hefner, Buckley, Burrows, C.J. Harris, et al. - House Sponsors)
SB 763, A bill to be entitled An Act relating to allowing public schools to employ or accept as volunteers chaplains to provide support, services, and programs for students.
SB 763 was considered in lieu of HB 3614.
SB 763 - REMARKS
REPRESENTATIVE HEFNER: SB 763 would simply provide an avenue for those with proven skills in advice and mediation—chaplains—to serve at a Texas public school without needing to be recertified by the state. And I believe we have some amendments.
(Speaker in the chair)
Amendment No. 1
Representative Talarico offered the following amendment to SB 763:
Amend SB 763 (house committee report) as follows:
(1) On page 1, between lines 8 and 9, insert the following:
Sec. 23.001. DEFINITION. In this chapter, "chaplain" means a person who is endorsed by an organization recognized by the United States Department of Defense, the Federal Bureau of Prisons, or the Texas Department of Criminal Justice to endorse chaplains.
(2) On page 1, line 9, strike "23.001" and substitute "23.002".
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE TALARICO: This first amendment that we have provides a definition for chaplains. It would define chaplain as, "A person who is endorsed by an organization recognized by the United States Department of Defense, the Federal Bureau of Prisons, or the Texas Department of Criminal Justice."
REPRESENTATIVE HINOJOSA: Thank you, Representative Talarico. I think it's so important that you are proposing an amendment to create some guardrails, just like we have guardrails for everybody we let into our schools to interact with our children. That's what you're doing with this amendment, is that correct?
TALARICO: That's correct.
HINOJOSA: We know that there are some unscrupulous characters who don't have our kids' best interest at heart, and we want to ensure that those people aren't having access to our kids inside our schools. Isn't that correct?
TALARICO: That's correct.
HINOJOSA: I appreciate your amendment, thank you.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Wu offered the following amendment to SB 763:
Amend SB 763 (house committee report) on page 1, between lines 15 and 16, by inserting the following appropriately numbered section:
Sec. 23.____. PROHIBITED USE OF PUBLIC FUNDS. A school district or open-enrollment charter school may not use public funds to compensate a chaplain under this chapter.
AMENDMENT NO. 2 - REMARKS
REPRESENTATIVE WU: This amendment simply says that public funds for public education should stay in the public realm. That if these chaplains are to be compensated, it should come from private sources or come from private organizations, and we should not use public monies to compensate religious services.
REPRESENTATIVE HEFNER: This just completely messes up the purpose of the bill. We want schools, if they so choose, to be able to hire chaplains or accept them as volunteers, and so I ask you to oppose this amendment.
WU: The bill itself says these are volunteers. Now, I'm not sure what everyone's definition of "volunteer" is, but to me a volunteer is someone who does not accept compensation for what they're doing. If we're now saying that, "No, we actually intended to compensate these chaplains to do this work," then they're not really volunteers, are they? So if you want this bill to say that these are actually volunteers who are giving their time and efforts for free to help schools and help students, then you need this amendment. If not, then we are saying that these are not volunteers in reality.
A record vote was requested.
Amendment No. 2 failed of adoption by (Record 1276): 59 Yeas, 77 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, J.; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Goldman; 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; Leo-Wilson; Lozano; Lujan; Metcalf; Meyer; Morrison; Noble; Oliverson; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Frazier; Orr; Slaton; Thierry.
STATEMENTS OF VOTE
When Record No. 1276 was taken, I was shown voting no. I intended to vote yes.
Bryant
When Record No. 1276 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
Amendment No. 3
Representative Talarico offered the following amendment to SB 763:
Amend SB 763 (house committee report) as follows:
(1) On page 1, between lines 15 and 16, insert the following:
(a) a chaplain employed or volunteering under this chapter must meet all existing requirements for employees or volunteers.
(2) On page 1, between lines 14 and 15, insert the following:
Sec. 23.003. CONSENT REQUIRED FOR SCHOOL CHAPLAIN SERVICES. A school chaplain employed by a school district or open-enrollment charter school under this chapter may not provide support, services, or programs to a student enrolled in the district or school unless the district or school obtains from the student's parent or guardian written consent for the support, services, or programs.
Sec. 23.004. REGULATION OF SCHOOL CHAPLAINS. (a) The commissioner by rule shall establish standards of conduct for school chaplains. The standards of conduct must:
(1) require a school chaplain to:
(A) protect the free exercise of religion of a student, a student's parent or guardian, and other public school employees;
(B) refrain from proselytizing or imposing the chaplain's values and beliefs on a student, a student's parent or guardian, or other public school employees;
(C) respect the cultural, ethnic, gender, racial, and religious diversity of students and other public school employees; and
(D) respectfully, professionally, and promptly refer a student to another professional who can directly provide for the needs of the student if the chaplain is unable to support a specific need of the student due to the chaplain's religious beliefs.
(2) Renumber the SECTIONS of the bill accordingly.
AMENDMENT NO. 3 - REMARKS
REPRESENTATIVE TALARICO: This amendment would require parental consent before a child can meet with the chaplain on campus. This session has been all about parental rights, so this would just ensure that parents are protected in this process, and before they meet with a school chaplain they would have to receive that parental consent.
REPRESENTATIVE HINOJOSA: We know, especially when it comes to religion, we should defer to parents for that permission when it comes to having that kind of access to our kids. Is that the aim of your amendment?
TALARICO: Yes, that's what I believe. I think that's what most members of the body believe.
HINOJOSA: Another part of the amendment that I really appreciate is the standards of conduct for a chaplain. We want to ensure that all faiths are appreciated and welcomed by this chaplain who stands in a position of authority in our schools, and that the chaplain refrains from proselytizing or imposing the chaplain's values or beliefs or religion on a student. That's what your amendment says, isn't that correct?
TALARICO: That's right. This amendment does not gut this bill, and this amendment does not undermine this bill. All we're trying to do is add some belts and some suspenders to this bill and make sure there are appropriate guardrails to protect our students. Like with many things, we require parental consent before a child can participate in a program or meet with a certain adult on campus. We're just applying those same guardrails to this legislation.
HINOJOSA: I appreciate those guardrails. Especially because one of the groups that came before our committee that was pushing for this bill was a group that has as its stated purpose, to enhance "His presence by infiltrating the system and supporting Christians functioning and operating inside the school system." Which I believe to be unconstitutional, and not appreciated as a parent, that our schools would be indoctrinating our kids on any kind of religion. And so I appreciate that. The second part that I have seen of this organization that's pushing this bill—it says from their profile on their website, "The strategy is simple: leverage one of the largest networks on the earth, the existing school system, and utilize government funding along with your donation, to teach Jesus in the classroom." That's unconstitutional, isn't it, Representative Talarico?
TALARICO: I believe it is, and I think we should all be concerned with any organization whose stated purpose is to infiltrate our public schools. Like many of you, I believe education should be just about that—education and not indoctrination.
REPRESENTATIVE HEFNER: I think we can trust our school districts to make the decisions on the regulations they'll put on our chaplains. We currently don't do these kind of regulations on our school counselors and this has in here the Department of Education to establish regulations, and I want to leave it in the school districts.
TALARICO: Representative Hefner, one, I want to thank you. You and I have engaged in good faith, thoughtful conversations about this legislation. I consider you a friend and am thankful that you engaged with me on those conversations. I know we agreed on the first amendment that we added. This second amendment you're opposing, and I just want to understand why you're opposing it and have that conversation in front of the body. Are you aware of the National School Chaplains Association?
HEFNER: I've heard of them.
TALARICO: They testified in favor of the bill, both in the house and in the senate. Have they helped you at all with this bill?
HEFNER: We had several different people supply input that we talked to. I don't remember those specifically.
TALARICO: Are you aware the stated purpose of this organization is, "To enhance His presence by infiltrating the system and supporting Christians functioning and operating inside the school systems"?
HEFNER: I'm not advised. What I'm aware of—what this bill does is allow school districts to determine whether or not they want to allow chaplains as hired or volunteer personnel.
TALARICO: I appreciate that that is your purpose. I am worried about the organizations that may try to take advantage of this, including any organization that is attempting to "infiltrate" our public schools.
HEFNER: That is why this bill is permissive and would allow the school boards to establish their own rules.
TALARICO: And that's why, a few moments ago, we added another amendment that was acceptable to you which would define what a chaplain is to be in alignment with the Department of Defense standards, is that correct?
HEFNER: Correct.
TALARICO: Thank you for accepting that amendment. Representative Hefner, do you think we should encourage the infiltration of our public schools?
HEFNER: I think we need to give our school districts every tool that we can in the toolbox. With all that we've been experiencing—with mental health issues, with catastrophes and crises—our schools need to have every available tool to them and this is just another tool.
TALARICO: I want to ask about the amendment that's before us which requires parental consent before a student can meet with a chaplain. I know, Representative Hefner, that you are a champion for parental rights. So I'm curious why requiring parental consent before a student can meet with a chaplain is not acceptable to you in this legislation?
HEFNER: We currently do not require parental consent for them to meet with school counselors, and again, school districts will be free to establish any kind of rules and regulations regarding how the chaplains would conduct themselves.
TALARICO: Do you believe a chaplain has the same qualifications as a school counselor?
HEFNER: I don't know that they would be performing all the duties a school counselor does, but I do believe they are quite qualified to help with life issues and challenges that may be facing our students and teachers. I think they are more than qualified to fill these roles.
TALARICO: To be a school counselor in Texas you have to have a master's degree. Are we requiring that school chaplains have a master's degree in this bill?
HEFNER: I don't believe so.
TALARICO: School counselors have to teach in Texas public schools for two years in a classroom before they can be a school counselor. Are we requiring the chaplains teach in a classroom for two years before becoming a school chaplain?
HEFNER: In the definition of the chaplains that we had before, chaplains go through extensive training, through all kinds of issues they deal with. And again, like I say, this is permissive. Schools can require what they see fit.
TALARICO: So Representative Hefner, I agree that some chaplains go through extensive training. As you know, I'm currently a student at Austin Presbyterian Theological Seminary where I'm studying alongside students who are going to become chaplains in our hospitals, in our prisons, in our armed forces. They are getting a master's degree in divinity and going through extensive courses in counseling and training for counseling. But I want to clarify that not all chaplains have to go through that type of rigorous training. In fact, I'm looking at the website of the organization I mentioned earlier—National School Chaplains Association—they admit on their website that the training is "minimal." It includes a 48-hour program that's equivalent to one college credit. That doesn't sound extensive to me. Does that sound extensive to you, Representative Hefner?
HEFNER: Well, a school could very well require their chaplain to become a board-certified chaplain. Some of the requirements there—essential requirements for certification—include endorsement from your faith tradition, a master's degree from an accredited theological school, at least four units of CPE, post-training, clinical pastoral experience, preparation of clinical materials, and face-to-face appearance before a certification committee. So there again, I want to make sure that we're making it clear that everybody knows that the schools may choose to do this or not. They can put whatever rules and regulations in place that they see fit.
TALARICO: Why don't we add to your legislation that chaplains have to meet those high standards before serving our students in Texas public schools?
HEFNER: I think, to be blunt with you, we can trust the school boards to do that right there.
TALARICO: Representative Hefner, part of the amendment that you're opposing would require chaplains to undergo a background check, which is required for most of the adults who work in our public school system. Is there a reason you're opposing that part of the amendment?
HEFNER: Again, I trust my school boards to make those decisions. Your amendment also requires that the education commissioner and the TEA establish rules of conduct. I'd rather see that happen at the local level.
TALARICO: You don't want to require in your bill that chaplains have to undergo a background check?
HEFNER: I want to leave it to the schools to make those decisions, school boards.
TALARICO: Just to make sure I'm clear—and we've talked a lot about parental rights—you don't want to mandate that schools have to receive parental consent before—
HEFNER: Representative Talarico, I have full faith and trust in our school boards to put regulations in place that would keep our kids from being exposed to dangerous people.
TALARICO: I appreciate that, Representative Hefner. My primary concern is that by not putting these guardrails in this piece of legislation that we're going to add our name to that we'll allow organizations like the National School Chaplains Association—whose stated purpose is to infiltrate our system—to take advantage of your legislation and infiltrate our public schools.
REPRESENTATIVE BERNAL: I want to get to the text of the bill, if we could. The first is, it says that a school or a district can hire "a" chaplain. Does that mean that each campus would be limited to one?
HEFNER: No. We dug into that, Representative Bernal, because I was concerned about that a little bit. But from my understanding they would not be limited to a single chaplain. And I wanted to make sure that the schools could have as many as they thought was necessary.
BERNAL: And so my second question then would be: Under your bill, is it possible that any campus could replace all of their counselors with just chaplains? Could you have campuses where the only support employee on-site is a chaplain, but not a counselor, a social worker, a school psychologist, or a family specialist?
HEFNER: The way this bill is drafted, and the intent of the bill, is to allow the schools the option to have chaplains in place of or alongside the counselors.
BERNAL: So just to be clear then, and I want to make this clear to the body that the answer then—and this is not a "gotcha" moment—but the answer then is yes. The way that the bill is crafted, a school board could opt to have no counselors, no family specialists, no school psychologists, and replace them entirely with chaplains.
HEFNER: Representative Bernal, I trust our schools to make the right decisions in those areas. I don't think they would do that, and I think we ought to trust our school boards and superintendents a little bit more than that to make the right decision here.
BERNAL: And I believe that you believe that. I have no doubt that the vast majority of districts would do that. But I guess my question is, theoretically, that is possible? It is possible that a district—
HEFNER: I guess if the schools thought that was a necessary thing, they could make that decision.
TALARICO: This amendment is being brought forward in good faith. I'm not trying to undermine Representative Hefner's bill, not trying to gut his bill. I'm trying to put in place commonsense guardrails on this piece of legislation to ensure we are protecting parents and protecting kids. Like I said, we have done a lot of talking about parental rights during this session. We have passed legislation requiring parental consent for a lot less than meeting with a religious official on campus. I really can't find a reason why we wouldn't require parental consent for a student to meet with a religious official in one of our public schools. We had—maybe until tomorrow—we had a member of this body who was a youth minister. I would hope we submit any person like that to a background check before meeting with our school officials or with our students and that's what this amendment does. I urge you to vote yes on the amendment.
A record vote was requested.
Amendment No. 3 failed of adoption by (Record 1277): 61 Yeas, 76 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dorazio; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Frank; Frazier; Gates; Gerdes; Goldman; 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; Leo-Wilson; Lopez, J.; Lozano; Metcalf; Meyer; Morrison; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Herrero; Raymond; Slaton.
STATEMENT OF VOTE
When Record No. 1277 was taken, I was shown voting yes. I intended to vote no.
Dorazio
Amendment No. 4
Representative Wu offered the following amendment to SB 763:
Amend SB 763 (house committee report) on page 1, between lines 15 and 16, by inserting the following appropriately numbered section:
Sec. 23.____. REQUIRED PRESENCE OF OTHER RELIGIOUS LEADERS DURING PROVISION OF CHAPLAIN SUPPORT, SERVICES, OR PROGRAMS. A school district or open-enrollment charter school that employs or accepts as a volunteer a chaplain under this chapter shall provide a representative of any other denomination or faith if requested by a student, a student's parent or guardian, or a teacher.
AMENDMENT NO. 4 - REMARKS
REPRESENTATIVE WU: Members, this is a simple, commonsense addition to this bill. This bill allows people of faith to work in their schools. All this is saying is that, "Hey, we recognize that not only do we have a diversity of faiths in this state, but there is a diversity of denominations within our faith." And there may be students who say, "Look, I want to talk to somebody, but I want to talk to somebody within my own denomination," whether that be a Catholic priest, a Muslim imam, or a Jewish rabbi, they should have the ability to request it. All this amendment says is if a teacher or a student requests this, please allow them to bring in somebody else that they are comfortable with.
REPRESENTATIVE HEFNER: It's clear in the bill that chaplains do not push certain denominations so this is not necessary, and I ask you vote no.
WU: I love being up here and setting records for future litigation. This simply says that we are going to respect all faiths, all denominations. If schools want to hire or bring in one denomination, one specific faith and you have students and teachers that say, "Could we have an additional denomination? Could we have an additional faith?" Otherwise there is a monopoly by one group. All this is saying is that if students, parents, or teachers would like another denomination, would like another faith to be present as well, that we do that. This is not a difficult thing. This does not gut the bill, this does not hurt anything. It allows more choice, it allows more freedom, it allows more liberty. How can you be against that?
REPRESENTATIVE ANCHÍA: Representative Wu, all you are saying is that if a person is comfortable with one faith tradition—they've been raised in a church, a temple, a mosque, or not at all—that they simply can request that faith tradition and opt out of the faith tradition that is being offered by the school. Is that all your amendment says?
WU: Absolutely. And as you well know, different faiths have different philosophies about how to interact with people. They have different traditions about understanding the world and if students are having a hard time, if students are having a difficult time with life—maybe they are traumatized, maybe they have problems at home—they might appreciate someone who also understands their viewpoints, understands where they come from, understands their faith. This is not a difficult thing to do. This is not a difficult thing to ask for. Simply, "Hey, I am more comfortable in my denomination, in my faith." Is that so much to ask for?
ANCHÍA: So both of my daughters were raised in the Catholic church. If a school district brought in members from a non-Christian faith tradition, and my daughter said, "Hey, I'd prefer to have a Catholic chaplain"—pardon me, priest—"who would counsel me," they would be prohibited from doing that under this? Instead the school district or school would mandate to them that they must receive counseling from a pastor or a chaplain in the faith tradition of the government?
WU: Yes.
REPRESENTATIVE BERNAL: Representative Wu, I want to ask sort of what Representative Anchía was, but from a different perspective. My understanding is that the bill allows for both the hiring and the volunteering of a chaplain. And is it your understanding that if your amendment doesn't get on, then people from other faiths, a rabbi, an imam, et cetera would not be allowed, or be prevented, from volunteering at a school for their services?
WU: Absolutely.
BERNAL: It's not just that someone, like my daughter who's Jewish, could not receive counseling or services from a rabbi, but that willing, qualified rabbi would not be allowed not only to be hired, but would not be allowed to volunteer. Because the bill considers both employment and volunteer, is that right?
WU: Absolutely. In a sense—just as our discussion with Chairman Anchía—in essence, if we do not take this amendment, school districts that make a choice about which faiths, which denominations will be present in schools are by default creating a state sanctioned religious indoctrination if that's what they wanted to do. Because no one else could come in. No one else could request something different. If you are Catholic, if you are Protestant, if you are Lutheran, or if you are a Muslim, or if you are Buddhist, or if you are Jewish, think carefully about your vote on this. Think about what you want our children to be able to request for them to receive in these troubling times. When our kids have so much trauma in their life, simply letting them ask for someone they are comfortable with, for someone that they feel understands their background, understands their world view, that's not a big ask. That's not a big requirement. And in this day and age it is not hard at all to find anyone of any faith who will come in and say, "Hey, I'm happy to talk." That's it. We're helping our kids and making sure all of our kids get what they want and not necessarily what the school board or the school forces down their throat. I urge you to vote yes on the amendment.
A record vote was requested.
Amendment No. 4 failed of adoption by (Record 1278): 59 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — 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; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Noble; Oliverson; Orr; Patterson; Paul; Price; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Harrison; Herrero; Slaton.
STATEMENT OF VOTE
When Record No. 1278 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
Amendment No. 5
Representative Hinojosa offered the following amendment to SB 763:
Amend SB 763 (house committee report) as follows:
(1) On page 1, line 9, between "CHAPLAINS." and "A", insert "(a)".
(2) On page 1, between lines 15 and 16, insert the following appropriately lettered subsection:
(____) A school district or open-enrollment charter school may not employ or accept as a volunteer a chaplain who has been convicted of or placed on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
AMENDMENT NO. 5 - REMARKS
REPRESENTATIVE HINOJOSA: This amendment says that we cannot allow chaplains who have a background of being a convicted sex offender into our schools. I believe it is acceptable to the author.
Amendment No. 5 was adopted.
Amendment No. 6
Representative Zwiener offered the following amendment to SB 763:
Amend SB 763 by striking lines 13-18 on page 3.
AMENDMENT NO. 6 - REMARKS
REPRESENTATIVE ZWIENER: This is a very simple amendment that removes one of the more problematic elements of this bill. If you turn to page 3 of this bill, you'll see that Section 3 requires every school board and every governing board of a charter school to vote affirmatively on whether or not they are going to bring chaplains into their school district under this provision.
Members, I have never seen us do anything like this where we force a school board to affirmatively vote up or down on the record on a proposal like this. I really have to ask myself, "Why do we think that is a good idea—to require our school districts to vote?" I'm concerned that it's a provision that's going to end up causing consternation in our communities. If we remove this, it still leaves control in the hands of individual districts if they want to do this or not, but it does not force them to take a record vote if this is not a direction they want to go as a board. So members, I would encourage you to consider supporting this amendment and keeping unnecessary drama out of our school board meetings. Goodness knows they have had enough drama the last couple of years. Let them focus on educating our kids instead of risking potentially being pulled into some unnecessary conflicts within their own communities.
You all see the conflict that we are having here on the floor today—I don't want that conflict to be happening in my school board meetings in my district and I don't think you all want that either.
REPRESENTATIVE HEFNER: As you all can tell up here, these amendments are coming at me at the last minute, and I haven't had really a chance to look at them and think through them. We want to leave this bill as is. I please ask you to stick with me and vote no.
ZWIENER: Representative Hefner, what is the value of asking every school board in the state to vote up or down on this?
HEFNER: I don't think it is a problem to know where they stand on the issue, and that is the way the bill was drafted. We worked it all through the process, and I would like to keep it like it is.
ZWIENER: So is the intention to try to cause some kind of consternation in some of our districts if they don't want to pursue this?
HEFNER: No.
ZWIENER: So then why not just remove the provision so that individual school districts don't have to vote on this?
HEFNER: Well, like I said, we have worked this bill pretty thoroughly through the process in an open and transparent manner. I think it's not too much to ask to have people make a decision on it.
ZWIENER: Representative Hefner, do you understand my concerns about some of the drama that might cause in school districts across the state if you do have a local divide over this?
HEFNER: No, ma'am. No.
ZWIENER: You don't share my concern that the challenge and conflict we are having in this chamber today might bleed over into our schools when they really need to focus on the important work of educating our kids?
HEFNER: No.
ZWIENER: Members, there is no good reason to compel every school board in the State of Texas to vote on whether or not to bring chaplains into the school. There is no reason to force every governing board of every charter school in the State of Texas to vote on this. All it is doing is inviting dissent and controversy into our school boards for no reason. Now, some of you all represent school boards where this won't be any controversy, but some of you all, like me, represent diverse communities with diverse feelings about religion—diverse communities with many faiths represented where this is going to be yet another cause of tension. In the years following our districts having to navigate COVID, having to navigate increased attention on libraries, having to navigate increased attention on every single aspect of school business, our schools are struggling. We are struggling to have people who are willing to step up and run for school board because it has become an unpleasant situation for many of those folks. In every single district I represent, I have school board members who have received death threats because of how hostile and how much conflict we have had around our school boards. So let's not pour any more fuel on that fire, members. Our children need us to pull our districts back from culture wars and let them get more focused on what's really important—educating our children.
So members, please support this amendment to make sure that our school board members can focus on what is important. If we adopt this amendment, every district in Texas can still vote to have chaplains if they want, but if they don't want to, this amendment does not make them vote. I ask for your support, members.
A record vote was requested.
Amendment No. 6 failed of adoption by (Record 1279): 57 Yeas, 80 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; 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; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; 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; 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; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Noble; Oliverson; Orr; Patterson; Paul; Price; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Thierry.
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bowers; Slaton.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Neave Criado requested permission for the Committee on County Affairs to meet while the house is in session, at 4 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 3:16 p.m., the following committee meeting was announced:
County Affairs, 4 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
SB 763 - (consideration continued)
Amendment No. 7
Representative Hinojosa offered the following amendment to SB 763:
Amend SB 763 (house committee report) as follows:
(1) On page 1, line 15, add Subsection (b) to read as follows:
(b) A school district that employs a chaplain or engages a chaplain as a volunteer under this chapter, must ensure the chaplain complies with the provisions of 22.0833 prior to commencement of employment or volunteering.
AMENDMENT NO. 7 - REMARKS
REPRESENTATIVE HINOJOSA: What this amendment does is ensure that these chaplains are subject to background checks, since they have access to our kids in our schools.
Amendment No. 7 was adopted.
REMARKS ORDERED PRINTED
Representative Wu moved to print all remarks on SB 763.
The motion prevailed.
A record vote was requested.
SB 763, as amended, was passed to third reading by (Record 1280): 84 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; 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; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Price; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson; Zwiener.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — King, T.; Slaton.
STATEMENTS OF VOTE
When Record No. 1280 was taken, I was shown voting yes. I intended to vote no.
Ordaz
When Record No. 1280 was taken, I was shown voting yes. I intended to vote no.
Zwiener
HB 3614 - LAID ON THE TABLE SUBJECT TO CALL
Representative Hefner moved to lay HB 3614 on the table subject to call.
The motion prevailed.
CSHB 3364 ON SECOND READING
(by Button, Shine, Noble, Turner, and Neave Criado)
CSHB 3364, A bill to be entitled An Act relating to the system for appraising property for ad valorem tax purposes.
Amendment No. 1
Representative Button offered the following amendment to CSHB 3364:
Amend CSHB 3364 (house committee report) as follows:
(1) On page 1, line 11, strike "the preceding" and substitute "a prior".
(2) On page 3, lines 2 and 3, strike "continuously update the posted records" and substitute "update the posted records at least once each week".
(3) On page 6, line 10, strike "(e-1) and (e-2)" and substitute "(i) and (j)".
(4) On page 6, line 11, strike "(e-1)" and substitute "(i)".
(5) On page 6, line 13, strike "(e-2)" and substitute "(j)".
(6) On page 7, line 2, strike "on or after the effective date of this Act" and substitute "on or after January 1, 2024".
(7) On page 7, between lines 16 and 17, insert the following appropriately numbered SECTION to the substitute and renumber subsequent SECTIONS of the substitute accordingly:
SECTION ____. Section 41A.011, Tax Code, as added by this Act, and Section 41A.015(a), Tax Code, as amended by this Act, apply only to a request for binding arbitration under Chapter 41A, Tax Code, that is filed on or after January 1, 2024. A request for binding arbitration under Chapter 41A, Tax Code, that is filed before January 1, 2024, is governed by the law in effect on the date the request was filed, and the former law is continued in effect for that purpose.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 3364, as amended, was passed to engrossment by (Record 1281): 137 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; 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, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Ramos.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bryant; Slaton.
STATEMENTS OF VOTE
When Record No. 1281 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1281 was taken, I was shown voting no. I intended to vote yes.
Ramos
HB 5321 ON SECOND READING
(by C. Bell)
HB 5321, A bill to be entitled An Act relating to the authority of the East Montgomery County Improvement District to receive certain tax revenue derived from a hotel and convention center project and to pledge certain tax revenue for the payment of obligations related to the project.
Amendment No. 1
Representative C. Bell offered the following amendment to HB 5321:
Amend HB 5321 (house committee report) as follows:
(1) On page 1, strike lines 10 and 11 and substitute the following:
Sec. 3846.501. DEFINITIONS. (a) In this subchapter, "qualified convention center facility," "qualified hotel," and "qualified project" have the meanings assigned by Section 351.151, Tax Code.
(b) Notwithstanding Section 351.157(a), Tax Code, for purposes of a qualified project of the district, "qualified establishment" means an establishment:
(1) that is:
(A) a restaurant, bar, or retail establishment;
(B) located on land owned by any person; and
(C) constructed on or after the date the district commences a qualified project under this subchapter; and
(2) the nearest exterior wall of which is located not more than 1,000 feet from the nearest exterior wall of a qualified convention center facility or qualified hotel.
(2) On page 2, lines 4 and 5, strike "Section 351.156, Tax Code" and substitute "Sections 351.156 and 351.157, Tax Code".
(3) On page 2, between lines 5 and 6, insert the following:
(c) Notwithstanding any other law, including a provision of Subchapter C, Chapter 351, Tax Code:
(1) the qualified convention center facility and qualified hotel associated with a qualified project of the district may be located on land owned by any person; and
(2) the district may not pledge or commit revenue for more than one qualified project.
(4) On page 2, line 6, strike "(c)" and substitute "(d)".
(5) On page 2, between lines 7 and 8, insert the following:
(e) The comptroller may adopt rules necessary to implement and administer this section.
Amendment No. 1 was adopted.
A record vote was requested.
HB 5321, as amended, was passed to engrossment by (Record 1282): 122 Yeas, 15 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; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; 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; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smith; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Hull; Isaac; Leach; Leo-Wilson; Noble; Oliverson; Slawson; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Frazier; Patterson; Slaton.
STATEMENTS OF VOTE
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1282 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
Troxclair
HB 4366 ON SECOND READING
(by Howard, Garcia, et al.)
HB 4366, A bill to be entitled An Act relating to the eligibility for and provision of benefits under Medicaid or the child health plan program for certain individuals committed, placed, or detained in certain facilities and settings.
A record vote was requested.
HB 4366 was passed to engrossment by (Record 1283): 74 Yeas, 62 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Davis; Dutton; Flores; Frank; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Hinojosa; Howard; Hunter; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Klick; Lalani; Lambert; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Cain; Capriglione; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frazier; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; King, K.; Kitzman; Kuempel; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee; Thompson, E.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bryant; Herrero; Slaton; Walle.
STATEMENTS OF VOTE
When Record No. 1283 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1283 was taken, I was shown voting yes. I intended to vote no.
Hunter
HB 248 ON SECOND READING
(by Murr)
HB 248, A bill to be entitled An Act relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.
HB 248 was passed to engrossment.
HB 818 ON SECOND READING
(by Walle)
HB 818, A bill to be entitled An Act relating to the places a public employer may provide for employees to express breast milk.
HB 818 was passed to engrossment.
CSHB 633 ON SECOND READING
(by Frank, Harless, and Collier)
CSHB 633, A bill to be entitled An Act relating to the method of payment for certain health care provided by a hospital.
CSHB 633 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of CSHB 633 under Rule 4, Section 18(a), of the House Rules on the grounds that the committee minutes did not accurately reflect the proceedings of the committee.
(Metcalf in the chair)
The point of order was withdrawn.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Burrows requested permission for the Committee on Calendars to meet while the house is in session, at 4:15 p.m., in 1W.14, to consider a calendar.
Permission to meet was granted.
(Speaker in the chair)
COMMITTEE MEETING ANNOUNCEMENT
At 3:39 p.m., the following committee meeting was announced:
Calendars, 4:15 p.m. today, 1W.14, for a formal meeting, to consider a calendar.
CSHB 633 - (consideration continued)
CSHB 633 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of CSHB 633 under Rule 4, Section 40, of the House Rules on the grounds that the committee substitute was defeated at a prior legislative stage. The point of order was withdrawn.
Amendment No. 1
Representative Frank offered the following amendment to CSHB 633:
Amend CSHB 633 (house committee report) on page 3, line 3, by striking "exceed" and substituting "be more than 10 percent greater than".
Amendment No. 1 was adopted.
CSHB 633 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of CSHB 633 under Rule 4, Section 40, and Rule 11, Section 2, of the House Rules on the grounds that the committee substitute is not germane.
(E. Thompson now present)
The point of order was withdrawn.
Representative Frank moved to postpone consideration of CSHB 633 until 10 a.m. Saturday, August 17, 2024.
The motion prevailed.
CSHB 614 ON SECOND READING
(by Shaheen)
CSHB 614, A bill to be entitled An Act relating to property owners' association fines.
A record vote was requested.
CSHB 614 was passed to engrossment by (Record 1284): 136 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; 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; 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, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; 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 — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Anderson; Gervin-Hawkins; Slaton; Swanson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1284 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1284 was taken, my vote failed to register. I would have voted yes.
Gervin-Hawkins
When Record No. 1284 was taken, I was in the house but away from my desk. I would have voted yes.
Swanson
CSHB 1181 ON SECOND READING
(by Shaheen)
CSHB 1181, A bill to be entitled An Act relating to restricting access to sexual material harmful to minors on an Internet website.
Amendment No. 1
Representative Shaheen offered the following amendment to CSHB 1181:
Amend CSHB 1181 (house committee printing) as follows:
(1) Strike page 3, line 15, through page 4, line 3, and substitute "identifying information of the individual.".
(2) On page 5, between lines 5 and 6, insert the following:
Sec. 129B.005. CIVIL PENALTY; INJUNCTION. (a) If the attorney general believes that an entity is knowingly violating or has knowingly violated this chapter and the action is in the public interest, the attorney general may bring an action in a Travis County district court or the district court in the county in which the principal place of business of the entity is located in this state to enjoin the violation, recover a civil penalty described by Subsection (b), and obtain other relief the court considers appropriate.
(b) A civil penalty imposed under this section may be in an amount equal to not more than the total, if applicable, of:
(1) $10,000 per day that the entity operates an Internet website in violation of the age verification requirements of this chapter;
(2) $10,000 per instance when the entity retains identifying information in violation of Section 129B.002(b); and
(3) if, because of the entity's violation of the age verification requirements of this chapter, one or more minors accesses sexual material harmful to minors, an additional amount of not more than $250,000.
(c) The amount of a civil penalty under this section shall be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) the economic effect of a penalty on the entity on whom the penalty will be imposed;
(5) the entity's knowledge that the act constituted a violation of this chapter; and
(6) any other matter that justice may require.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 1181, as amended, was passed to engrossment by (Record 1285): 135 Yeas, 5 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, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Nays — González, J.; Goodwin; Jones, J.; Plesa; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Slaton.
CSHB 1437 ON SECOND READING
(by Clardy)
CSHB 1437, A bill to be entitled An Act relating to an appraisal procedure for disputed losses under personal automobile insurance policies.
CSHB 1437 was passed to engrossment.
HB 2193 ON SECOND READING
(by Davis)
HB 2193, A bill to be entitled An Act relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.
HB 2193 was passed to engrossment.
CSHB 1960 ON SECOND READING
(by E. Morales)
CSHB 1960, A bill to be entitled An Act relating to the course levels offered at Sul Ross State University Rio Grande College.
Amendment No. 1
Representative T. King offered the following amendment to CSHB 1960:
Amend CSHB 1960 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act applies beginning January 1, 2026.
Amendment No. 1 was adopted.
CSHB 1960, as amended, was passed to engrossment.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Hunter requested permission for the Committee on State Affairs to meet while the house is in session, at 5 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 4:12 p.m., the following committee meeting was announced:
State Affairs, 5 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
HB 2044 ON SECOND READING
(by Bowers, Allen, Rose, et al.)
HB 2044, A bill to be entitled An Act relating to depression screenings for certain women in county jail or in the custody of the Texas Department of Criminal Justice.
Representative Bowers moved to postpone consideration of HB 2044 until 9 a.m. tomorrow.
The motion prevailed.
HB 2329 ON SECOND READING
(by Bailes)
HB 2329, A bill to be entitled An Act relating to honey production operations and the harvesting and packaging of honey and honeycomb.
HB 2329 was passed to engrossment.
CSHB 2238 ON SECOND READING
(by Buckley, Patterson, Lalani, et al.)
CSHB 2238, A bill to be entitled An Act relating to the licensing and regulation of dog and cat breeders; expanding the applicability of an occupational license.
Representative Buckley moved to postpone consideration of CSHB 2238 until 9 a.m. Wednesday, May 10.
The motion prevailed.
HB 3127 ON SECOND READING
(by Ashby, et al.)
HB 3127, A bill to be entitled An Act relating to the study of school district property values conducted by the comptroller of public accounts.
HB 3127 - REMARKS
REPRESENTATIVE CANALES: So one of the things we've heard over and over—not only in this legislative session, but the past—is that appraisal districts are out of control. We've got to rein in appraisals for our constituents because their property taxes have just ballooned to where we can't afford to own anything anymore. Have you heard those concerns?
REPRESENTATIVE ASHBY: Absolutely.
CANALES: One of the things that your bill addresses is that sometimes our appraisals are raised by the comptroller because they're not in compliance. Is that correct?
ASHBY: That is correct.
CANALES: So sometimes we want to blame the appraisal district, but many times the problem is that the State of Texas is making those appraisals rise to be in compliance with the comptroller.
ASHBY: That is correct.
CANALES: So this doesn't necessarily solve that problem does it, but it gives them a grace period? Just trying to understand the bill.
ASHBY: Yes, it allows them a one-year grace period to be out of that five percent compliance factor within the comptroller's property valuation study.
CANALES: I appreciate your effort. I really wish we could go a lot further and stop the comptroller from controlling our appraisal districts and raising our property taxes beyond the ability to own property. So this doesn't solve that problem, this just gives us a little cushion?
ASHBY: That's correct. And I couldn't agree more with your comments.
CANALES: I hope that you will work with me in putting an end to the comptroller being—assisting or aiding and abetting our appraisal districts from ballooning out of control. Thank you.
ASHBY: Thank you, Representative Canales.
REPRESENTATIVE C. BELL: Along the same lines of what Chairman Canales was talking about, you know our appraisal districts are currently using mass appraisal and the comptroller's office is asserting in our fiscal notes that mass appraisal is the basis for which they've got to meet that standard. Is that kind of your understanding?
ASHBY: Right, they give us the valuation that school districts and local appraisal districts and all of our counties have to be within a five percent variance of. Correct.
C. BELL: And those mass appraisals don't take into consideration the specific price of your property or anything along that nature, does it?
ASHBY: Well, personally I would say yes, but I think that's probably a question better addressed by our local appraisal districts.
C. BELL: So it's your opinion that mass appraisal says that the value of every piece of property under a mass appraisal is actually an accurate depiction of what property values should be?
ASHBY: Do I believe the current system addresses the current—I'm sorry, let me rephrase and say it another way. If you're asking me if I believe our current appraisal system appropriately appraises each—both personal and business or commercial property based on the market valuation, the answer is no.
C. BELL: The answer is no. That's my opinion as well, and I think it's important to continue to work to try to bring integrity back into that process so our constituents, those folks outside this floor, will be able to look at this process and understand that it works and that they're not subjects. They're in fact represented in this body. So I appreciate your bill.
ASHBY: Absolutely. Thank you, Representative Bell. I appreciate the question.
HB 3127 was passed to engrossment.
CSHB 2941 ON SECOND READING
(by Zwiener)
CSHB 2941, A bill to be entitled An Act relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; providing for the imposition of a civil penalty.
A record vote was requested.
CSHB 2941 was passed to engrossment by (Record 1286): 75 Yeas, 60 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Cain; Capriglione; Clardy; Craddick; Cunningham; Darby; Dean; Dorazio; Frank; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Cook; DeAyala; Frazier; King, T.; Noble; Slaton.
STATEMENTS OF VOTE
When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.
Bailes
When Record No. 1286 was taken, I was absent because of a meeting of the Committee on Calendars. I would have voted no.
Cook
When Record No. 1286 was taken, I was shown voting no. I intended to vote yes.
Darby
When Record No. 1286 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1286 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 1286 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1286 was taken, I was in the house but away from my desk. I would have voted yes.
T. King
When Record No. 1286 was taken, I was in the house but away from my desk. I would have voted no.
Noble
When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.
Thimesch
CSHB 2665 ON SECOND READING
(by Gates, Longoria, Clardy, Perez, Cook, et al.)
CSHB 2665, A bill to be entitled An Act relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.
CSHB 2665 - REMARKS
REPRESENTATIVE LEO-WILSON: Mr. Chairman and members, I represent the City of Galveston law enforcement for my area, small businesses, and many constituents. I rise to oppose this bill. While we appreciate Representative Gates' efforts to improve the bill by proposing an interim committee study on short-term rentals––as proposed, the committee substitute presented to this committee today—I want to outline some of the concerns that we have. The interim committee is charged with studying the impacts of local ordinance on short-term rentals, but local representation on the committee is inadequate to fully understand the impacts of short-term rentals on unique communities like mine.
The city of Galveston has a population of 53,000 and a city budget and police department funded and staffed for a city just over 53,000. Galveston hosts over seven million tourists a year. As we enter the season, the city's population can swell to 300,000 just for any given weekend. I learned while attending a West End property owners' association meeting that Galveston police will face—with prom season alone, between now and Memorial Day—many, many visitors. They have to triage complaints. Parents rent a house that sleeps six. However, this will end up resulting in 300 teenagers there for a party, commonly involving underage drinking.
Because Galveston is a coastal island with limited developmental land, long-term housing supply and affordability is severely impacted without local governments ensuring a delicate balance between short-term rental growth. Housing affordability for workers on the island grows further out of reach when considering increasing house prices. Without some housing inventory balance, persons working in Galveston are priced out of living in Galveston. Galveston employers, especially small businesses on the island, have difficulty recruiting and retaining workers on the island. The city has worked very closely with our short-term rental industry, residents, and stakeholders to reach a delicate balance that has worked for our coastal communities. The City of Galveston has implemented a short-term rental registration ordinance that is administered by the Galveston Park Board. Residents in Galveston neighborhoods are able to exercise their fundamental right to petition their planning commission and city council for an R-0 zoning for their neighborhood. Once granted, the R-0 zoning controls short-term rentals and their growth by a vote of 75 percent. That's higher than a constitutional amendment. The property owners in the neighborhood can seek this R-0 zoning.
The unique needs of Galveston is a very basic petition right which would be preempted by legislation enacted in favor of uniform statewide regulation. The City of Galveston holds concerns about a study conducted by a task force by the Department of Licensing and Regulation outside of the traditional legislative interim charge. An interim committee created to study the impacts of short-term rental regulations must include local representation to capture input from our community. To truly understand short-term rental representation, it should consist of a large urban community representative, a small urban community representative, a coastal community representative, and law enforcement. This is zoned for residential. That would help us limit commercial developers coming in and foreign entities buying short-term rentals. I move that you oppose this bill.
A record vote was requested.
CSHB 2665 was passed to engrossment by (Record 1287): 83 Yeas, 50 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bowers; Buckley; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dorazio; Flores; Garcia; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Guerra; Guillen; Harris, C.E.; Harris, C.J.; Hayes; Holland; Hunter; Isaac; Jetton; Jones, V.; King, T.; Kitzman; Klick; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Meza; Moody; Morales Shaw; Muñoz; Neave Criado; Orr; Paul; Perez; Price; Ramos; Raymond; Reynolds; Romero; Schaefer; Schatzline; Shine; Stucky; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vo; Wilson.
Nays — Anchía; Bernal; Bhojani; Bonnen; Bryant; Bucy; Bumgarner; Canales; Cole; Craddick; Dutton; Frank; Gámez; Goldman; Goodwin; Harless; Harrison; Hefner; Hernandez; Herrero; Hinojosa; Howard; Johnson, J.E.; Jones, J.; Kacal; King, K.; Kuempel; Leo-Wilson; Lopez, R.; Martinez Fischer; Morales, C.; Morales, E.; Noble; Oliverson; Ordaz; Ortega; Patterson; Plesa; Rose; Rosenthal; Schofield; Shaheen; Slawson; Smith; Swanson; Talarico; Turner; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — DeAyala; Frazier; Hull; Johnson, J.D.; Morrison; Rogers; Slaton; Vasut.
STATEMENTS OF VOTE
When Record No. 1287 was taken, I was shown voting no. I intended to vote yes.
Bernal
When Record No. 1287 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1287 was taken, I was shown voting yes. I intended to vote no.
Jetton
When Record No. 1287 was taken, I was shown voting no. I intended to vote yes.
Kuempel
When Record No. 1287 was taken, I was shown voting yes. I intended to vote no.
Ramos
When Record No. 1287 was taken, I was in the house but away from my desk. I would have voted yes.
Vasut
REMARKS ORDERED PRINTED
Representative Leo-Wilson moved to print her remarks on CSHB 2665.
The motion prevailed.
CSHB 2965 ON SECOND READING
(by Vasut, Slawson, Murr, Gervin-Hawkins, et al.)
CSHB 2965, A bill to be entitled An Act relating to certain construction liability claims concerning public buildings and public works.
Representative Vasut moved to postpone consideration of CSHB 2965 until 8 a.m. tomorrow.
The motion prevailed.
REMARKS ORDERED PRINTED
Representative Cain moved to print remarks between Representative Ashby and Representatives Canales and C. Bell on HB 3127.
The motion prevailed.
CSHB 2886 ON SECOND READING
(by J. González, Rose, Anderson, Guillen, Walle, et al.)
CSHB 2886, A bill to be entitled An Act relating to the establishment of the office of food system security and resiliency in the Department of Agriculture.
A record vote was requested.
CSHB 2886 was passed to engrossment by (Record 1288): 80 Yeas, 53 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dean; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kuempel; Lalani; Landgraf; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smith; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bonnen; Buckley; Bumgarner; Capriglione; Cook; Craddick; Cunningham; Dorazio; Frank; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kitzman; Klick; Lambert; Leach; Leo-Wilson; Lopez, J.; Metcalf; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Cain; Clardy; DeAyala; Frazier; Johnson, J.D.; King, T.; Slaton; Wilson.
STATEMENTS OF VOTE
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1288 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 1288 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1288 was taken, I was in the house but away from my desk. I would have voted no.
Wilson
CSHB 3519 ON SECOND READING
(by Hull, Leach, J.E. Johnson, Vasut, and Moody)
CSHB 3519, A bill to be entitled An Act relating to judicial training requirements regarding family violence.
Representative Hull moved to postpone consideration of CSHB 3519 until 10 a.m. Wednesday, May 10.
The motion prevailed.
HB 3765 ON SECOND READING
(by Bucy)
HB 3765, A bill to be entitled An Act relating to the establishment of a supply of luggage by the Department of Family and Protective Services for the transport of the personal belongings of a foster child.
Amendment No. 1
Representative C.J. Harris offered the following amendment to HB 3765:
Amend HB 3765 (house committee report) as follows:
(1) On page 1, lines 17 and 18, strike "to ensure the maximum number of children are able to use the luggage".
(2) On page 1, line 20, following the underlined period, insert the following:
Luggage provided to a child under this subsection belongs to the child and may not be reclaimed by the department or retained by the child's foster parent. The department is not required to provide new luggage under this subsection to a child who is changing placement and has the luggage previously provided by the department.
(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 263.008(b), Family Code, is amended to read as follows:
(b) It is the policy of this state that each child in foster care be informed of the child's rights provided by state or federal law or policy that relate to:
(1) abuse, neglect, exploitation, discrimination, and harassment;
(2) food, clothing, shelter, and education;
(3) luggage to transport the child's personal belongings;
(4) medical, dental, vision, and mental health services, including the right of the child to consent to treatment;
(5) [(4)] emergency behavioral intervention, including what methods are permitted, the conditions under which it may be used, and the precautions that must be taken when administering it;
(6) [(5)] placement with the child's siblings and contact with members of the child's family;
(7) [(6)] privacy and searches, including the use of storage space, mail, and the telephone;
(8) [(7)] participation in school-related extracurricular or community activities;
(9) [(8)] interaction with persons outside the foster care system, including teachers, church members, mentors, and friends;
(10) [(9)] contact and communication with caseworkers, attorneys ad litem, guardians ad litem, and court-appointed special advocates;
(11) [(10)] religious services and activities;
(12) [(11)] confidentiality of the child's records;
(13) [(12)] job skills, personal finances, and preparation for adulthood;
(14) [(13)] participation in a court hearing that involves the child;
(15) [(14)] participation in the development of service and treatment plans;
(16) [(15)] if the child has a disability, the advocacy and protection of the rights of a person with that disability; and
(17) [(16)] any other matter affecting the child's ability to receive care and treatment in the least restrictive environment that is most like a family setting, consistent with the best interests and needs of the child.
Amendment No. 1 was adopted.
HB 3765, as amended, was passed to engrossment.
CSHB 4219 ON SECOND READING
(by Lambert)
CSHB 4219, A bill to be entitled An Act relating to the maximum rate or amount of interest of certain consumer loans.
CSHB 4219 was passed to engrossment.
CSHB 4918 ON SECOND READING
(by Rosenthal, Cain, Bernal, Plesa, et al.)
CSHB 4918, A bill to be entitled An Act relating to the processing, manufacture, and sale of hemp products for smoking.
Representative Rosenthal moved to postpone consideration of CSHB 4918 until 9 a.m. tomorrow.
The motion prevailed.
CSHB 5012 ON SECOND READING
(by Clardy, Shine, K. Bell, Anderson, Jetton, et al.)
CSHB 5012, A bill to be entitled An Act relating to the authority of certain municipalities to use certain tax revenue for hotel and convention center projects and other qualified projects.
Representative Clardy moved to postpone consideration of CSHB 5012 until 5:30 p.m. today.
The motion prevailed.
SB 1732 ON SECOND READING
(Patterson - House Sponsor)
SB 1732, A bill to be entitled An Act relating to standards for certain electric vehicle charging stations.
SB 1732 was considered in lieu of HB 5120.
Amendment No. 1
Representative Patterson offered the following amendment to SB 1732:
Amend SB 1732 as follows:
On page 1, strike lines 12 and 13 and substitute the following:
(2) made available to the public;
(3) not intended primarily for private use; and
(4) funded through public grants or state rebate programs.
Amendment No. 1 was adopted.
A record vote was requested.
SB 1732, as amended, was passed to third reading by (Record 1289): 124 Yeas, 8 Nays, 2 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; 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.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Ramos; Raymond; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Isaac; Schaefer; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Smith.
Absent, Excused — Raney; Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bhojani; Clardy; Hull; Johnson, J.D.; Reynolds; Slaton; Slawson; Swanson.
STATEMENTS OF VOTE
When Record No. 1289 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1289 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
HB 5120 - LAID ON THE TABLE SUBJECT TO CALL
Representative Patterson moved to lay HB 5120 on the table subject to call.
The motion prevailed.
CSHB 4772 ON SECOND READING
(by Thierry, Burrows, Noble, Button, and Cortez)
CSHB 4772, A bill to be entitled An Act relating to an excise tax on, and storage, reporting, and recordkeeping requirements for, certain nontobacco nicotine products; providing a civil penalty; imposing a tax.
Amendment No. 1
Representative Noble offered the following amendment to CSHB 4772:
Amend CSHB 4772 (house committee printing) as follows:
(1) On page 12, line 23, between the word "chapter" and the word "." insert the words "in a manner substantively similar to rules adopted for implementation, administration, and enforcement provided by Chapters 154 and 155".
(2) On page 13, lines 9 and 10, strike the words "General Revenue Fund" and insert the words "property tax relief fund".
Amendment No. 1 was adopted.
(Raney now present)
A record vote was requested.
CSHB 4772, as amended, was passed to engrossment by (Record 1290): 128 Yeas, 11 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; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Isaac; 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; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shine; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Hunter; Leo-Wilson; Patterson; Shaheen; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Jetton; Slaton; Slawson.
STATEMENTS OF VOTE
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1290 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Paul
When Record No. 1290 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Smith
HB 4872 ON SECOND READING
(by Rogers)
HB 4872, A bill to be entitled An Act relating to the reporting and plugging of certain wells.
HB 4872 was passed to engrossment.
HB 4362 ON SECOND READING
(by A. Johnson)
HB 4362, A bill to be entitled An Act relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
Representative Gámez moved to postpone consideration of HB 4362 until 9 a.m. tomorrow.
The motion prevailed.
HB 2960 ON SECOND READING
(by Cain, Holland, Isaac, Hefner, Patterson, et al.)
HB 2960, A bill to be entitled An Act relating to the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and to repealing associated notice requirements.
Representative Cain moved to postpone consideration of HB 2960 until 8 a.m. tomorrow.
The motion prevailed.
CSHB 303 ON SECOND READING
(by Bernal)
CSHB 303, A bill to be entitled An Act relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.
Representative Bernal moved to postpone consideration of CSHB 303 until 9 a.m. tomorrow.
The motion prevailed.
CSHB 153 ON SECOND READING
(by Swanson, Smith, Capriglione, Noble, et al.)
CSHB 153, A bill to be entitled An Act relating to a ballot option to not vote for any candidate.
CSHB 153 - POINT OF ORDER
Representative Bucy raised a point of order against further consideration of CSHB 153 under Rule 4, Section 32(c)(1), of the House Rules. The speaker sustained the point of order, announcing his decision to the house as follows:
Mr. Bucy raises a point of order against further consideration of CSHB 153, under Rule 4, Section 32(c)(1), on the grounds that the background and purpose statement in the bill analysis is substantially or materially misleading.
The complained-of statement begins with the phrase "concerns have been raised" and then recites several allegations of intentional, unlawful behavior. The subsequent sentences do not provide any objectively reliable support for this list of alleged concerns.
It is well-settled that a bill analysis complies with the rule only when it provides objectively reliable information. E.g., 86 H. Jour. 4355-4356 (2019). Committee chairs have been expressly advised that "[v]ague references . . . in supporting a factual statement do not meet the [objectively reliable] test." Guide for Committee Chairs 17, 88th Legis. (2023). In light of the long-standing doctrine and the recent guidance, the vague statement regarding “concerns” is plainly an unverifiable statement of opinion and the Chair has no alternative but to sustain the objection.
Accordingly, the point of order is well-taken and sustained.
CSHB 153 was returned to the Committee on Elections.
CSHB 232 ON SECOND READING
(by Swanson, Capriglione, Smith, et al.)
CSHB 232, A bill to be entitled An Act relating to the filing fee required for certain candidates.
CSHB 232 - POINT OF ORDER
Representative Bucy raised a point of order against further consideration of CSHB 232 under Rule 4, Section 41, of the House Rules on the grounds that the committee substitute is not germane to the introduced bill. The point of order was withdrawn.
Representative Swanson moved to postpone consideration of CSHB 232 until 10 a.m. Thursday, June 1.
The motion prevailed.
CSHB 421 ON SECOND READING
(by R. Lopez, Plesa, A. Johnson, Lujan, Lalani, et al.)
CSHB 421, A bill to be entitled An Act relating to the operation of a motor vehicle passing a pedestrian or a person operating a bicycle; creating a criminal offense.
Representative R. Lopez moved to postpone consideration of CSHB 421 until 9 a.m. tomorrow.
The motion prevailed.
HB 544 ON SECOND READING
(by J.E. Johnson and Harless)
HB 544, A bill to be entitled An Act relating to the reporting of certain orders and convictions to the Department of Public Safety and Federal Bureau of Investigation for use with the National Instant Criminal Background Check System for the transfer of firearms.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to HB 544:
Amend HB 544 (house committee report) as follows:
(1) On page 1, line 12, strike "business" and substitute "calendar".
(2) On page 1, line 22, strike "business" and substitute "calendar".
(3) On page 3, line 13, strike "fifth" and substitute "third".
Amendment No. 1 was adopted.
A record vote was requested.
HB 544, as amended, was passed to engrossment by (Record 1291): 79 Yeas, 58 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burrows; Campos; Canales; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Hinojosa; Holland; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Lalani; Leach; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bumgarner; Burns; Button; Cain; Capriglione; Clardy; Cook; Craddick; Dean; DeAyala; Dorazio; Frank; Frazier; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hunter; Isaac; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leo-Wilson; Lozano; Metcalf; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Gates; Herrero; Hull; Jetton; Slaton.
STATEMENT OF VOTE
When Record No. 1291 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
HB 968 ON SECOND READING
(by Gates, Rose, Frank, Capriglione, M. González, et al.)
HB 968, A bill to be entitled An Act relating to procedures in certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.
Amendment No. 1
Representative Wu offered the following amendment to HB 968:
Amend HB 968 (house committee printing) on page 2, line 20, after "may", by inserting "at any time".
Amendment No. 1 was adopted.
HB 968, as amended, was passed to engrossment.
HB 603 ON SECOND READING
(by Shaheen)
HB 603, A bill to be entitled An Act relating to a limitation on civil suits against persons reporting suspicious activity in good faith.
HB 603 was passed to engrossment.
CSHB 779 ON SECOND READING
(by Vasut)
CSHB 779, A bill to be entitled An Act relating to the issuance of certain search warrants by statutory county court judges.
CSHB 779 was passed to engrossment.
HB 1136 ON SECOND READING
(by Jetton)
HB 1136, A bill to be entitled An Act relating to the period for which a person is required to register as a sex offender based on the offense of compelling prostitution.
HB 1136 was passed to engrossment.
HB 1348 ON SECOND READING
(by Stucky)
HB 1348, A bill to be entitled An Act relating to the authority of a municipality to regulate veterinarians.
A record vote was requested.
HB 1348 was passed to engrossment by (Record 1292): 106 Yeas, 34 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Metcalf; Meyer; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson; Zwiener.
Nays — Bernal; Bhojani; Bryant; Bucy; Cole; Collier; Flores; Gámez; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, J.E.; Jones, J.; Jones, V.; Manuel; Martinez Fischer; Meza; Moody; Morales, C.; Ortega; Plesa; Ramos; Reynolds; Romero; Rose; Talarico; Thierry; Turner; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Herrero; Slaton.
STATEMENTS OF VOTE
When Record No. 1292 was taken, I was shown voting yes. I intended to vote no.
E. Morales
When Record No. 1292 was taken, I was shown voting yes. I intended to vote no.
Ordaz
When Record No. 1292 was taken, I was shown voting no. I intended to vote yes.
Romero
When Record No. 1292 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
HB 1492 ON SECOND READING
(by Ordaz)
HB 1492, A bill to be entitled An Act relating to the conveyance of property by a municipality for the public purpose of economic development.
Representative Ordaz moved to postpone consideration of HB 1492 until 10 a.m. Wednesday, May 10.
The motion prevailed.
HB 2822 ON SECOND READING
(by Garcia, Gervin-Hawkins, Campos, Lozano, Rose, et al.)
HB 2822, A bill to be entitled An Act relating to a study on the housing needs of youth transitioning out of foster care or the juvenile justice system.
HB 2822 was passed to engrossment.
SB 702 ON SECOND READING
(C.E. Harris - House Sponsor)
SB 702, A bill to be entitled An Act relating to the sourcing, marketing, and sale of certain license plates.
SB 702 was considered in lieu of HB 3187.
SB 702 was passed to third reading.
HB 3187 - LAID ON THE TABLE SUBJECT TO CALL
Representative C.E. Harris moved to lay HB 3187 on the table subject to call.
The motion prevailed.
HB 3183 ON SECOND READING
(by Schatzline, Moody, Cook, Leach, Bowers, et al.)
HB 3183, A bill to be entitled An Act relating to the use of in-custody informant testimony in a criminal trial.
HB 3183 was passed to engrossment.
HB 3825 ON SECOND READING
(by Bucy)
HB 3825, A bill to be entitled An Act relating to prohibiting the publication of certain criminal record information of individuals involved in the criminal justice system.
HB 3825 - POINT OF ORDER
Representative Swanson raised a point of order against further consideration of HB 3825 under Rule 4, Section 32(c)(1), of the House Rules on the grounds that the background and purpose statement in the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Representative Bucy moved to postpone consideration of HB 3825 until 10 a.m. Saturday, June 1.
The motion prevailed.
CSHB 3351 ON SECOND READING
(by C.E. Harris)
CSHB 3351, A bill to be entitled An Act relating to standards required for certain rankings of physicians by health benefit plan issuers.
CSHB 3351 was passed to engrossment.
HB 3352 ON SECOND READING
(by Gerdes and Orr)
HB 3352, A bill to be entitled An Act relating to the regulation of used and scrap tires by certain counties.
Amendment No. 1
Representative Gerdes offered the following amendment to HB 3352:
Amend HB 3352 (house committee report) on page 1, lines 9-10, by striking "an automotive dismantler,".
Amendment No. 1 was adopted.
A record vote was requested.
HB 3352, as amended, was passed to engrossment by (Record 1293): 133 Yeas, 7 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; 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.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Shine; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Dorazio; Harrison; Slawson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1293 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1293 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1293 was taken, I was shown voting no. I intended to vote yes.
Vasut
FIVE-DAY POSTING RULE SUSPENDED
Representative Capriglione moved to suspend the five-day posting rule to allow the Committee on Pensions, Investments, and Financial Services to consider SB 1607 at 8 a.m. Wednesday, May 10 in E2.014.
The motion prevailed.
Representative Buckley moved to suspend the five-day posting rule to allow the Committee on Public Education to consider SB 1720 at 8 a.m. tomorrow in E2.036.
The motion prevailed.
CSHB 3282 ON SECOND READING
(by V. Jones)
CSHB 3282, A bill to be entitled An Act relating to the manufacture, transportation, storage, and disposal of new and scrap tires; authorizing a fee.
A record vote was requested.
CSHB 3282 was passed to engrossment by (Record 1294): 109 Yeas, 28 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; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.J.; Hayes; Hernandez; Hinojosa; Howard; Hull; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; 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; Paul; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; Capriglione; Cook; Dorazio; Harless; Harris, C.E.; Harrison; Hefner; Isaac; Kitzman; Leo-Wilson; Metcalf; Noble; Patterson; Raney; Schaefer; Schofield; Shaheen; Slawson; Smith; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Gates; Herrero; Holland; Schatzline; Slaton.
STATEMENTS OF VOTE
When Record No. 1294 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 1294 was taken, my vote failed to register. I would have voted yes.
Holland
When Record No. 1294 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
CSHB 4639 ON SECOND READING
(by Thimesch, Frazier, and A. Johnson)
CSHB 4639, A bill to be entitled An Act relating to unlawfully carrying a handgun in a motor vehicle or watercraft.
A record vote was requested.
CSHB 4639 was passed to engrossment by (Record 1295): 97 Yeas, 40 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Flores; Frank; Frazier; Gámez; Garcia; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hernandez; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Neave Criado; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rose; Rosenthal; Shine; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bell, C.; Bonnen; Buckley; Bumgarner; Cain; Canales; Capriglione; Cook; Craddick; Dorazio; Dutton; Gates; Gerdes; González, J.; Harris, C.J.; Harrison; Hefner; Isaac; Kitzman; Leach; Leo-Wilson; Metcalf; Muñoz; Noble; Oliverson; Patterson; Rogers; Romero; Schaefer; Schofield; Shaheen; Slawson; Smith; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Herrero; Hull; Schatzline; Slaton; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Bailes
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1295 was taken, I was shown voting no. I intended to vote yes.
J. González
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Landgraf
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Manuel
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Price
When Record No. 1295 was taken, I was shown voting no. I intended to vote yes.
Romero
When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
CSHB 3539 ON SECOND READING
(by Troxclair, Guillen, Garcia, Isaac, C.E. Harris, et al.)
CSHB 3539, A bill to be entitled An Act relating to the establishment and operation of an ammunition facility by the Department of Public Safety.
Amendment No. 1
Representative Troxclair offered the following amendment to CSHB 3539:
Amend CSHB 3539 (house committee printing) on page 2, by striking lines 15 and 16 and substituting the following:
(1) the person who establishes and operates the facility to give a preference when acquiring quality ammunition to manufacturers who manufacture ammunition in this state; and
A record vote was requested.
Amendment No. 1 was adopted by (Record 1296): 109 Yeas, 24 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Garcia; Gerdes; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Isaac; Jetton; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — Anchía; Bowers; Collier; Davis; Flores; Gámez; González, J.; González, M.; Jones, J.; Lalani; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Walle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bucy; Gates; Herrero; Hunter; Johnson, J.D.; Klick; Slaton; Talarico; Thompson, S.
A record vote was requested.
CSHB 3539, as amended, was passed to engrossment by (Record 1297): 109 Yeas, 23 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gerdes; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Howard; Hull; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morrison; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson; Zwiener.
Nays — Anchía; Canales; Collier; Davis; Gámez; González, J.; Hernandez; Hinojosa; Jones, J.; Lalani; Morales, C.; Neave Criado; Ortega; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Thierry; Turner; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bowers; Bucy; Gates; Herrero; Hunter; Klick; Morales Shaw; Slaton; Talarico; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1297 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
When Record No. 1297 was taken, I was in the house but away from my desk. I would have voted no.
Morales Shaw
CSHB 4061 ON SECOND READING
(by Schatzline, Cook, Leach, Plesa, Bowers, et al.)
CSHB 4061, A bill to be entitled An Act relating to prohibiting a registered sex offender in certain circumstances from going within a certain distance of the residence of a victim of any offense committed by the offender for which the offender is subject to registration.
CSHB 4061 was passed to engrossment.
CSHB 5280 ON SECOND READING
(by Bucy)
CSHB 5280, A bill to be entitled An Act relating to operation by certain nonprofit organizations of certain regional health care programs for employees of small employers.
Representative Bucy moved to postpone consideration of CSHB 5280 until 9 a.m. tomorrow.
The motion prevailed.
HB 5159 ON SECOND READING
(by Bhojani, Moody, Bowers, Canales, and Leach)
HB 5159, A bill to be entitled An Act relating to an argument before the jury after a subsequent jury charge in a criminal case.
HB 5159 was passed to engrossment.
CSHB 4697 ON SECOND READING
(by DeAyala)
CSHB 4697, A bill to be entitled An Act relating to the partial count of electronic voting system ballots.
CSHB 4697 was passed to engrossment.
HB 4674 ON SECOND READING
(by Hayes)
HB 4674, A bill to be entitled An Act relating to the qualifications, summoning, and reimbursement of jurors.
HB 4674 was passed to engrossment.
CSHB 1973 ON SECOND READING
(by C.E. Harris, Klick, Frank, Campos, Collier, et al.)
CSHB 1973, A bill to be entitled An Act relating to itemized billing for health care services and supplies provided by health care providers; authorizing an administrative penalty.
Representative C.E. Harris moved to postpone consideration of CSHB 1973 until 9 a.m. tomorrow.
The motion prevailed.
(Geren now present)
CSHB 2235 ON SECOND READING
(by V. Jones, Oliverson, Rose, Anderson, Wu, et al.)
CSHB 2235, A bill to be entitled An Act relating to HIV and AIDS tests.
A record vote was requested.
CSHB 2235 was passed to engrossment by (Record 1298): 104 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Cole; Collier; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Leach; 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; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smith; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Capriglione; Clardy; Cook; Craddick; Dean; Dorazio; Frank; Gerdes; Harris, C.J.; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Lambert; Landgraf; Leo-Wilson; Metcalf; Noble; Patterson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Stucky; Swanson; Tepper; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Johnson, A.; Longoria; Murr; Spiller.
Absent — Slaton.
STATEMENTS OF VOTE
When Record No. 1298 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1298 was taken, I was shown voting yes. I intended to vote no.
J. Lopez
HB 1848 ON SECOND READING
(by DeAyala)
HB 1848, A bill to be entitled An Act relating to a study by the secretary of state on the feasibility of central counting stations complying with federal standards for facilities that contain sensitive information.
Amendment No. 1
Representative DeAyala offered the following amendment to HB 1848:
Amend HB 1848 (house committee report) as follows:
(1) On page 1, line 18, strike "September 1, 2024" and substitute "December 1, 2024".
(2) On page 1, line 21, strike "1" and substitute "15".
Amendment No. 1 was adopted.
A record vote was requested.
HB 1848, as amended, was passed to engrossment by (Record 1299): 84 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; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Holland; Hull; Hunter; Isaac; Jetton; Jones, V.; Kacal; King, K.; Kitzman; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bryant; Bucy; Campos; Cole; Collier; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hefner; Hernandez; Herrero; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; King, T.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Swanson; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Johnson, A.; Longoria; Murr; Spiller.
Absent — Bowers; Klick; Morales Shaw; Slaton.
STATEMENTS OF VOTE
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Hefner
When Record No. 1299 was taken, I was in the house but away from my desk. I would have voted yes.
Klick
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Swanson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 5012 ON SECOND READING
(by Clardy, Shine, K. Bell, Anderson, Jetton, et al.)
CSHB 5012, A bill to be entitled An Act relating to the authority of certain municipalities to use certain tax revenue for hotel and convention center projects and other qualified projects.
CSHB 5012 was read second time earlier today and was postponed until this time.
Amendment No. 1
Representative Clardy offered the following amendment to CSHB 5012:
Amend CSHB 5012 (house committee printing) as follows:
(1) On page 10, line 19, strike "and".
(2) On page 10, line 23, strike the period and substitute an underlined semicolon.
(3) On page 10, between lines 23 and 24, insert the following:
(61) a municipality with a population of 750,000 or more that is located in a county with a population of 1.5 million or less;
(62) a municipality with a population of less than 7,000 that contains a country music hall of fame;
(63) a municipality with a population of 35,000 or more that contains a railroad museum and is located in a county that:
(A) has a population of 800,000 or more; and
(B) is adjacent to a county with a population of four million or more; and
(64) a municipality:
(A) that is the county seat of a county:
(i) with a population of 60,000 or less; and
(ii) that borders the Rio Grande; and
(B) in which is located a United States military fort listed in the National Register of Historic Places.
(4) On page 11, strike line 1 and substitute the following:
qualified project that:
(1) is authorized and commenced on or after January 1, 2027; or
(2) notwithstanding Subdivision (1), is located in a municipality that was not entitled to pledge or commit revenue under Section 351.155 before September 1, 2023.
(5) SECTION ____. Section 351.158, Tax Code, is amended to read as follows:
Sec. 351.158. PERIOD OF ENTITLEMENT. (a) A municipality is entitled to receive revenue as.provided by Sections 351.156 and 351.157 until the 10th anniversary of the date the qualified hotel to which the entitlement relates is open for initial occupancy.
(b) Notwithstanding Subsection (a) or any other law, due to the effect of the COVID-19 pandemic on the tourism and hotel industry, a municipality described by Section 351.152(2) is entitled to receive revenue as provided by Section 351.156 until the 12th anniversary of the date the qualified hotel to which the entitlement relates is open for initial occupancy if:
(1) the qualified hotel to which the entitlement relates is part of a qualified project that was commenced on or before March 15, 2020; and
(2) the entitlement of the municipality to receive revenue under Subsection (a) did not expire before the date prescribed by Subdivision (1) of this subsection.
Amendment No. 1 was adopted.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).
CSHB 5012 - (consideration continued)
Amendment No. 2
Representative Clardy offered the following amendment to CSHB 5012:
Amend CSHB 5012 (house committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber the subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 351.157, Tax Code, is amended by amending Subsections (a) and (b) and adding Subsection (c-1) to read as follows:
(a) In this section, "qualified establishment" means an establishment:
(1) that is located on land:
(A) owned by a municipality; or
(B) owned by:
(i) any person if the establishment is located in a municipality described by Section 351.152(3) or (58);
(ii) [owned by] the federal government if the establishment is located in a municipality described by Section 351.152(6); or
(iii) a nonprofit corporation, including a public facility corporation, that is acting as or on behalf of, or that is controlled by, a municipality, if the establishment is located in a municipality described by Section 351.152(5);
(2) the nearest exterior wall of which is located not more than 1,000 feet from the nearest exterior wall of a qualified hotel or qualified convention center facility;
(3) that is constructed:
(A) on or after the date the municipality commences a qualified project under this subchapter; or
(B) at any time if the establishment is located in a municipality described by Section 351.152(3);
(4) that is not a sports stadium; and
(5) that is the type of establishment described by Subsection (c-1) [(c)] from which the municipality is entitled to receive revenue under Subsection (d).
(b) This section applies only to:
(1) a municipality described by Section 351.152(3);
(1-a) a municipality described by Section 351.152(5);
(2) a municipality described by Section 351.152(6);
(3) a municipality described by Section 351.152(7);
(4) a municipality described by Section 351.152(10);
(4-a) a municipality described by Section 351.152(14);
(5) a municipality described by Section 351.152(16);
(6) a municipality described by Section 351.152(22);
(7) a municipality described by Section 351.152(25);
(8) a municipality described by Section 351.152(34);
(9) a municipality described by Section 351.152(35);
(10) a municipality described by Section 351.152(36);
(11) a municipality described by Section 351.152(38); [and]
(11-a) a municipality described by Section 351.152(41);
(12) a municipality described by Section 351.152(43);
(13) a municipality described by Section 351.152(46);
(14) a municipality described by Section 351.152(47);
(15) a municipality described by Section 351.152(49);
(16) a municipality described by Section 351.152(52);
(17) a municipality described by Section 351.152(53);
(18) a municipality described by Section 351.152(54);
(19) a municipality described by Section 351.152(56); and
(20) a municipality described by Section 351.152(58).
(c-1) A municipality to which this section applies is entitled to receive revenue under Subsection (d) derived from the following types of establishments that meet the requirements of Subsections (a)(1), (2), (3), and (4):
(1) restaurants;
(2) bars;
(3) retail establishments;
(4) recreation establishments; and
(5) swimming pools and swimming facilities owned or operated by the related qualified hotel.
SECTION ____. Section 351.157(c), Tax Code, is repealed.
(2) Renumber the subdivisions of Section 351.157(b), Tax Code, as added by this amendment, as appropriate to account for the addition of other subdivisions to that subsection made by other amendments to the bill.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Clardy offered the following amendment to CSHB 5012:
Amend CSHB 5012 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 351.1015(a) (2), Tax Code, is amended to read as follows:
(2) "Hotel-associated revenue" means the sum of:
(A) state tax revenue collected in a project financing zone from all hotels located in the zone that would be available to the owners of qualified hotel projects under Section 151.429(h) if the hotels were qualified hotel projects, excluding the amount of that revenue received by a municipality:
(i) under Section 351.156 or 351.157 in connection with a qualified hotel located in the zone that exists on the date the municipality designates the zone, except as provided by Paragraph (B); or
(ii) under Section 351.102(c) for a hotel project described by Section 351.102(b) and located in the zone that exists on the date the municipality designates the zone; and
(B) tax revenue collected from all permittees under Chapter 183 at hotels located in the zone, excluding revenue disbursed by the comptroller under Section 183.051(b).
SECTION ____. Section 351.1015, Tax Code, is amended by amending Subsections (b) and (e) and adding Subsections (j) and (k) to read as follows:
(b) This section applies only to a qualified project located in:
(1) a municipality with a population of at least 650,000 but less than 750,000 according to the most recent federal decennial census;
(2) a municipality described by Section 351.001(7)(B); or
(3) a municipality described by Section 351.152(5).
(e) A municipality may pledge for the payment of bonds or other obligations described by Subsection (d) the local revenue from eligible tax proceeds as defined by Section 2303.5055(e), Government Code, from hotels located in a project financing zone that would be available to the owners of qualified hotel projects under that section if the hotels were qualified hotel projects, excluding any amount received by the municipality:
(1) in connection with a qualified hotel, as defined by Section 351.151, located in the zone that exists on the date the municipality designates the zone; or
(2) for a hotel project, described by Section 351.102(b) and located in the zone that exists on the date the municipality designates the zone.
(j) Notwithstanding Subsection (a)(4)(D) and except as otherwise provided by this subsection, the designation of a project financing zone by a municipality: described by Subsection (b)(2) must expire not later than the 10th anniversary of the date of designation. The legislature by adoption of a concurrent resolution approved by a record vote of a majority of the members of each house of the legislature may authorize a municipality described by Subsection (b)(2) to extend, in 10-year increments, a project financing zone designated by the municipality, provided that the zone may not be extended beyond the 30th anniversary of the date of designation.
(k) Notwithstanding any other provision of this section, a municipality described by Subsection (b)(2) may not designate a project financing zone under this section before January 1, 2025. This subsection expires September 1, 2025.
Amendment No. 3 was adopted.
CSHB 5012, as amended, was passed to engrossment.
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
SCR 38
(Kuempel and Buckley - House Sponsors)
SCR 38, Designating April 6 as Texas High School Coaches Day for a 10-year period ending in 2033.
SCR 38 was considered in lieu of HCR 90.
SCR 38 was adopted by (Record 1300): 140 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; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; 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, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; 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; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Gervin-Hawkins.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman; Smithee.
Absent, Excused, Committee Meeting — Johnson, A.; Longoria; Murr; Spiller.
Absent — Dorazio; Slaton.
STATEMENTS OF VOTE
When Record No. 1300 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 1300 was taken, I was shown voting no. I intended to vote yes.
Gervin-Hawkins
HCR 90 - LAID ON THE TABLE SUBJECT TO CALL
Representative Kuempel moved to lay HCR 90 on the table subject to call.
The motion prevailed.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
RECESS
Representative Geren moved that the house recess until 9 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 6:09 p.m., recessed until 9 a.m. tomorrow.
ADDENDUM
REFERRED TO COMMITTEES
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 624 to State Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 17
SB 423, SB 1002, SB 1170, SB 1222, SB 1425, SB 1509, SB 1523, SB 1563
Senate List No. 18
SB 49, SB 593, SB 929, SB 1332, SB 1469, SB 1615, SB 1741, SB 2171
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, May 8, 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:
HB 467
Craddick
SPONSOR: Flores
|
Relating to the limitations period for certain criminal offenses based on assaultive conduct.
HB 1207
Guillen
SPONSOR: Flores
|
Relating to the statute of limitations for tampering with certain physical evidence.
HB 2183
Stucky
SPONSOR: Flores
|
Relating to the temporary appointment of county jailers.
Relating to the medical transportation and care for certain inmates in the Texas Department of Criminal Justice.
Relating to the Texas Windstorm Insurance Association.
Relating to the authority of the governing body of a school district to adopt an ad valorem tax rate that exceeds the district's voter-approval tax rate.
Relating to the payment of insurance deductibles for property insurance claims.
Relating to eligibility for coverage by the Fair Access to Insurance Requirements Plan in certain areas.
Relating to the effectiveness of state-funded homelessness programs at helping beneficiaries advance toward self-sufficiency.
Relating to the definitions of homeless, homelessness, and variations of those terms.
Relating to the dissolution of the SH130 Municipal Management District No. 1.
Relating to the creation of the Honey Creek Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.
Relating to the creation of the Jones Avenue Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
SB 2038
(20 Yeas, 11 Nays)
|
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 6
Agriculture and Livestock - HB 2947
Business and Industry - HB 2928
Community Safety, Select - SB 599
County Affairs - HJR 134
Criminal Jurisprudence - HB 1131, HB 1311, HB 1906, HB 2189, HB 3247, HB 3381, HB 3816, HB 4398, SB 1725
Elections - HB 3732
Higher Education - HB 3296, SB 1517, SB 2139, SB 2538
Homeland Security and Public Safety - SB 224, SB 1237
Insurance - HB 4498
Land and Resource Management - HB 5386, HB 5402, HB 5412, HB 5413, HB 5414
Public Health - HB 638, HB 1340, HB 2149, HB 2270, HB 2322, HB 2417, HB 4365, HB 4759, HB 4989, SB 241
State Affairs - HB 1215, HB 3167, SB 1133, SB 1893, SB 2010, SB 2011
Ways and Means - HB 4433, SB 1381, SB 1420
May 7
Business and Industry - SB 820
County Affairs - SB 1766
Higher Education - HB 3371, SB 1887
Land and Resource Management - HB 5312, HB 5354, HB 5396, HB 5415, SB 2576
State Affairs - HB 1443, HB 2858, HB 4952, SB 1248, SB 1403
Ways and Means - HB 40, HB 654, HB 2993, HB 3691, HB 4158, HB 4250, HB 4463, HJR 25, SB 1191, SB 1809
ENGROSSED
May 6 - HB 102, HB 120, HB 328, HB 340, HB 374, HB 461, HB 483, HB 538, HB 539, HB 751, HB 891, HB 923, HB 975, HB 980, HB 1003, HB 1087, HB 1152, HB 1208, HB 1217, HB 1301, HB 1305, HB 1349, HB 1356, HB 1368, HB 1466, HB 1469, HB 1695, HB 1723, HB 1778, HB 1857, HB 1913, HB 1916, HB 1956, HB 1968, HB 2053, HB 2084, HB 2129, HB 2233, HB 2290, HB 2295, HB 2323, HB 2335, HB 2380, HB 2397, HB 2493, HB 2495, HB 2512, HB 2590, HB 2680, HB 2698, HB 2754, HB 2767, HB 2794, HB 2835, HB 2867, HB 2876, HB 2879, HB 2884, HB 2900, HB 2954, HB 2961, HB 2999, HB 3023, HB 3097, HB 3132, HB 3252, HB 3265, HB 3295, HB 3373, HB 3446, HB 3558, HB 3604, HB 3623, HB 3747, HB 3777, HB 3886, HB 3917, HB 3946, HB 4012, HB 4062, HB 4077, HB 4080, HB 4084, HB 4091, HB 4106, HB 4121, HB 4122, HB 4147, HB 4214, HB 4277, HB 4283, HB 4286, HB 4316, HB 4337, HB 4389, HB 4416, HB 4507, HB 4538, HB 4579, HB 4623, HB 4656, HB 4659, HB 4714, HB 4742, HB 4758, HB 4882, HB 4960, HB 5058, HB 5066, HB 5135, HB 5150, HB 5167, HB 5180, HB 5260, HB 5309, HB 5319, HB 5328, HB 5367, HB 5369, HB 5370, HB 5395
May 7 - HB 77, HB 233, HB 351, HB 525, HB 886, HB 1649, HB 1654, HB 1740, HB 1926, HB 2232, HB 2262, HB 2510, HB 2715, HB 2951, HB 2956, HB 3033, HB 3045, HB 3046, HB 3104, HB 3208, HB 3276, HB 3333, HB 3374, HB 3484, HB 3501, HB 3528, HB 3639, HB 3654, HB 3670, HB 3672, HB 3727, HB 3981, HB 4185, HB 4251, HB 4285, HB 4477, HB 4702, HB 4856, HB 5076, HB 5342