SIXTIETH DAY --- WEDNESDAY, MAY 10, 2023
The house met at 11:37 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 1408).
Present — Mr. Speaker(C); Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Absent — Leach; Martinez Fischer; Sherman; Tinderholt.
The invocation was offered by Representative Metcalf as follows:
Heavenly Father, I want to thank you for this day. We pray, Lord, for your grace and mercy and that you'll be with our families while we are away. Give us the guidance to do your will for the great State of Texas. Amen.
The chair recognized Representative Manuel who led the house in the pledges of allegiance to the United States and Texas flags.
CAPITOL PHYSICIAN
The chair presented Dr. Larry Kravitz of Austin as the "Doctor for the Day."
The house welcomed Dr. Kravitz and thanked him for his 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 adjournment.
(Leach now present)
HR 1500 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 1500.
The motion prevailed.
The following resolution was laid before the house:
HR 1500, Congratulating Sonny Dykes, head coach of the Texas Christian University football team, on being named the Associated Press Coach of the Year for 2022.
HR 1500 was adopted.
On motion of Representative Goldman, the names of all the members of the house were added to HR 1500 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Geren who introduced Sonny Dykes and his wife.
(Tinderholt now present)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
Sherman on motion of Collier.
HR 536 - PREVIOUSLY ADOPTED
(by C. Morales)
The chair laid out the following previously adopted resolution:
HR 536, Commemorating Mexican Mother's Day on May 10, 2023.
The chair recognized Representative C. Morales who addressed the house, speaking as follows:
If I could have your attention for just a moment. Many of you—the ladies—have some pins that we left on your desk. I just want to say it's great to honor and recognize Día de las Madres, or Mexican Mother's Day. This will be my third session to recognize this important day in Mexican American culture. This is the first session where I get it right. My first session, I read the entire resolution. And my second session, I did it on a different day than Mexican Mother's Day.
Today is very, very special to me. In an effort to celebrate the rich diversity of our state and to recognize all the mothers of Texas, I want to share with you our Mexican American traditions honoring mothers. This land is our ancestral home with many of our families going back generations here in Texas. A large portion of our state is Mexican American, and Mexican Americans continue to contribute to communities across our state. Día de las Madres is a beautiful tradition where we celebrate mothers. We celebrate this on May 10 every year because the 10th of the month was payday—meaning that families could afford to buy something nice for their mothers and their families. This holiday has been celebrated in countries worldwide since the first official Mother's Day in 1922. Today in Mexico, Mother's Day is celebrated with flowers, meals, mariachis, and celebration. Here in the Texas Capitol, we are celebrating Mexican Mother's Day by thanking all the mothers for their sacrifices.
I do want to say, some of you know I lost my mother 40 years ago. It is hard to celebrate this day sometimes when you don't have your mother. I want us to remember the tragedies over the past few weeks. Let us remember those mothers who have lost their lives and the children who have lost probably the most important person in their lives––their mothers.
But today, we celebrate all the mothers in our lives. Those that raised us, those that nurtured us, and those that made us who we are today. We celebrate plant moms. We celebrate dog moms. We celebrate bonus moms. We celebrate those people who identify as moms and the moms who were dads too. It's a day to recognize contributions that all the strong women have made in our lives and to thank them for all that they have done. Thank you, moms.
REMARKS ORDERED PRINTED
Representative J. Jones moved to print all remarks on HR 536.
The motion prevailed.
(Martinez Fischer now present)
HR 1680 - ADOPTED
(by Patterson)
Representative Patterson moved to suspend all necessary rules to take up and consider at this time HR 1680.
The motion prevailed.
The following resolution was laid before the house:
HR 1680, Celebrating the opening of the PGA of America complex in Frisco on the occasion of National Golf Day 2023.
HR 1680 - REMARKS
REPRESENTATIVE HOLLAND: Mr. Patterson, the opening of your layout said, "for those of us who love golf." Is it an accurate statement that you love golf?
REPRESENTATIVE PATTERSON: Yes, for those of us that love the game of golf.
HOLLAND: Okay. I've played golf with some of the other members. I've never played golf with you. What is your handicap?
PATTERSON: It's a four.
HOLLAND: A four. Okay. Well, I look forward to playing with you in Frisco and congratulations on helping the PGA come to your district.
PATTERSON: Absolutely, thank you.
HR 1680 was adopted.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 490 ON THIRD READING
(C.E. Harris, Klick, Frank, Campos, Collier, et al. - House Sponsors)
SB 490, 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.
SB 490 - REMARKS
REPRESENTATIVE TURNER: Thank you, Representative Harris, and thank you for the detailed explanation of the bill and your intent. My question is about the amendment yesterday. You said you were adding a perfecting amendment and it was acceptable to the author. That's about all I heard, and I didn't get a chance to ask you anything. Can you just walk through what the amendment did?
REPRESENTATIVE C.E. HARRIS: Absolutely. So because the issues that were brought to me by my constituents and members in this body primarily had to do with hospitals, I worked with Dr. Bonnen and Dr. Oliverson and we came to the conclusion that this really doesn't impact doctors. So we went ahead and took them out of it. The next change is we also took out federally qualified health care centers because most of the time the federal government is covering those costs. Those people may be paying $20 for their health care at the end of the day and so those centers have a hard time providing that care anyway. We want to make sure that we protected those that are helping the most vulnerable amongst us. Then the last provision on here—it takes out the administrative penalty in the bill. And there was some concern that might cause frivolous lawsuits, and so we went ahead and took that language out and made sure that there's still some disciplinary measures in the bill.
TURNER: Thank you for explaining that. I support that amendment based on how you described and explained it. Is it fair to say that you offered this amendment because the requirement for physicians' offices and FQHCs to be included in the bill was—did you feel like it was an onerous requirement to pull them in?
C.E. HARRIS: No, not necessarily. I think the feeling was that you have a lot closer relationship with your doctor than you probably do with the various nurses and doctors and all of the people that are taking care of you in a, let's say, 12-day hospital stay. I mean, I've got my doctor on speed dial, so if I have concerns about any of the medical billing with him, I know I can contact him directly. It's a different story when it comes to hospitals and facilities. That was kind of the reason that we made that change.
TURNER: Okay. And so right now with the amendment then—I want to make sure I understand—the original bill applied to doctors, FQHCs, and hospitals?
C.E. HARRIS: It applied to all providers.
TURNER: All health care providers? Any time you get a medical bill?
C.E. HARRIS: Yes.
TURNER: Okay. And now the bill, as amended, applies only to hospitals?
C.E. HARRIS: The language is "facilities," so that would included hospitals.
TURNER: Okay, so it includes all health care facilities, but not doctors' offices? I assume a private practitioner—is that how that's defined?
C.E. HARRIS: Yes, and I'll just go back to—
TURNER: Professional practice including a physician.
C.E. HARRIS: Yes.
TURNER: I guess that's the wording in your amendment. And FQHCs are now out of the bill?
C.E. HARRIS: Yes. And I'll just go back to number one, with the doctors. Our concern was just making sure that these medical errors can be checked. And again, it's a lot easier to either go to your doctor's office and talk to the nurse that helped you or talk to your doctor directly if there's an error. And then with the FQHCs, again, this is the federal government taking care of some of the poorest amongst us and that medical care may amount to $20 in some cases. But those folks are not really on the hook for as much as you probably would be if you were getting care from a health care facility.
TURNER: Okay, thank you. When they have to provide the itemized bill, at what point does that occur? Is that when the patient is discharged from the hospital or do they have some period of time to then send that itemized bill?
C.E. HARRIS: They do have a period of time. The bill says that before someone is sent to collections, they have to receive that itemized bill. That can be after insurance has already kicked in, the facility and insurance have figured everything out, and then it's the final payment that goes to the patient. And so before they send the patient to collections to collect on that bill is when they would have to provide the itemized. Anytime up until they send the person to collections.
TURNER: At any point before a bill goes to collections, that's when the itemization has to be provided, but not before a patient's bill goes to collections.
C.E. HARRIS: No, and we also put language in here that just really clarifies that this is after your care. So there are people that will bundle their services up front, for example, and they'll just pay a lump sum of $15,000 and then go get all the services done—this would not apply to them. This is only applying to folks who have already had their medical care done and they still have some sort of bill to pay to a facility.
TURNER: Thank you for answering my questions, Representative Harris.
(C.J. Harris in the chair)
REMARKS ORDERED PRINTED
Representative Turner moved to print remarks between Representative C.E. Harris and Representative Turner on SB 490.
The motion prevailed.
SB 490 was passed by (Record 1409): 136 Yeas, 6 Nays, 3 Present, not voting.
Yeas — Allen; 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; 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, 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; Murr; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Gámez; Johnson, A.; Jones, J.; Ramos; Rose; Shine.
Present, not voting — Mr. Speaker; Harris, C.J.(C); Neave Criado.
Absent, Excused — Sherman.
Absent — Allison; Dean; Longoria.
STATEMENTS OF VOTE
When Record No. 1409 was taken, I was in the house but away from my desk. I would have voted yes.
Allison
When Record No. 1409 was taken, I was shown voting yes. I intended to vote no.
Craddick
When Record No. 1409 was taken, I was shown voting no. I intended to vote yes.
Gámez
When Record No. 1409 was taken, I was in the house but away from my desk. I would have voted no.
Longoria
SB 622 ON THIRD READING
(Smithee - House Sponsor)
SB 622, A bill to be entitled An Act relating to the disclosure of certain prescription drug information by a health benefit plan.
SB 622 was passed by (Record 1410): 133 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; 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.; 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; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Harrison; Isaac; Leo-Wilson; Schatzline; Shaheen; Vasut.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Anderson; Bryant; Craddick; Longoria; Morales Shaw; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1410 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1410 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1410 was taken, I was in the house but away from my desk. I would have voted yes.
Longoria
When Record No. 1410 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1410 was taken, I was shown voting yes. I intended to vote no.
Slawson
When Record No. 1410 was taken, I was in the house but away from my desk. I would have voted yes.
S. Thompson
When Record No. 1410 was taken, I was shown voting yes. I intended to vote no.
Toth
SB 602 ON THIRD READING
(Harless - House Sponsor)
SB 602, A bill to be entitled An Act relating to the law enforcement authority of federal border patrol agents.
SB 602 was passed by (Record 1411): 99 Yeas, 43 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; 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; Martinez Fischer; Metcalf; Meyer; Moody; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Anchía; Bernal; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Flores; Gámez; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Longoria; Manuel; Meza; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Plesa; Ramos; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Garcia; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Davis; Jones, V.; Reynolds.
STATEMENTS OF VOTE
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 1411 was taken, I was in the house but away from my desk. I would have voted yes.
Davis
When Record No. 1411 was taken, I was shown voting present, not voting. I intended to vote no.
Garcia
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Guerra
When Record No. 1411 was taken, I was in the house but away from my desk. I would have voted no.
V. Jones
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Lalani
When Record No. 1411 was taken, I was shown voting no. I intended to vote yes.
Longoria
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Moody
When Record No. 1411 was taken, I was shown voting yes. I intended to vote no.
Perez
When Record No. 1411 was taken, I was in the house but away from my desk. I would have voted no.
Reynolds
SB 1403 ON THIRD READING
(Spiller, Hefner, Clardy, Cook, et al. - House Sponsors)
SB 1403, A bill to be entitled An Act relating to an interstate compact for border security, including building a border wall and sharing state intelligence and resources.
SB 1403 was passed by (Record 1412): 95 Yeas, 49 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Metcalf; Meyer; Moody; Morrison; Murr; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Anchía; Bernal; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Flores; Gámez; Garcia; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Longoria; Manuel; Martinez; Meza; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raymond; Romero; Rose; Rosenthal; Talarico; Thierry; Toth; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C); Martinez Fischer.
Absent, Excused — Sherman.
Absent — Reynolds.
STATEMENTS OF VOTE
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
Campos
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
Guerra
When Record No. 1412 was taken, I was shown voting no. I intended to vote yes.
Longoria
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
R. Lopez
When Record No. 1412 was taken, I was shown voting present, not voting. I intended to vote no.
Martinez Fischer
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
Moody
When Record No. 1412 was taken, I was shown voting yes. I intended to vote no.
S. Thompson
When Record No. 1412 was taken, I was shown voting no. I intended to vote yes.
Toth
MAJOR STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 1585 ON THIRD READING
(by Geren)
HB 1585, A bill to be entitled An Act relating to matters affecting the powers and duties of the Texas Ethics Commission.
Amendment No. 1
Representative Geren offered the following amendment to HB 1585:
Amend HB 1585 on third reading by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 305.027(e), Government Code, is amended to read as follows:
(e) In this section, "legislative advertising":
(1) means a communication that supports, opposes, or proposes legislation and that:
(A) [(1)] in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television; or
(B) [(2)] appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, button, or similar form of written communication; and
(2) does not include an individual communication made by e-mail or text message but does include a mass e-mail or text message that involves an expenditure of funds beyond the basic cost of hardware messaging software and bandwidth.
Amendment No. 1 was adopted.
HB 1585, as amended, was passed by (Record 1413): 131 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; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; 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.; 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; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Cook; Harrison; Hayes; Isaac; Leo-Wilson; Meza; Schaefer; Schatzline; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Lopez, J.
STATEMENTS OF VOTE
When Record No. 1413 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1413 was taken, I was shown voting yes. I intended to vote no.
Ramos
HB 800 ON THIRD READING
(by Guillen, Raymond, Muñoz, Lozano, J. Lopez, et al.)
HB 800, A bill to be entitled An Act relating to the punishment for certain criminal conduct involving the smuggling of persons, the operation of a stash house, or evading an arrest or detention; increasing criminal penalties.
HB 800 was passed by (Record 1414): 94 Yeas, 52 Nays, 2 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; Davis; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Reynolds; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
STATEMENTS OF VOTE
When Record No. 1414 was taken, I was shown voting yes. I intended to vote no.
Davis
When Record No. 1414 was taken, I was shown voting yes. I intended to vote no.
Reynolds
HB 7 ON THIRD READING
(by Guillen, Raymond, Muñoz, E. Morales, J. Lopez, et al.)
HB 7, A bill to be entitled An Act relating to services and programs in the southern border region of this state to address the effects of ongoing criminal activity and public health threats in that region.
HB 7 - REMARKS
REPRESENTATIVE GUILLEN: Through a variety of programs, HB 7 will assist the judicial system, law enforcement, public services, health and safety, property owners, educational institutions, businesses, and communities on the border region who find themselves bearing the brunt of the current situation on the border.
Amendment No. 1
Representative Walle offered the following amendment to HB 7:
Amend HB 7 on third reading in Article 4 of the bill, in added Section 421.112(1), Government Code, by striking "all persons regardless of age or gender" and substituting "persons who are 10 years of age or older, regardless of gender".
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE WALLE: I appreciate the opportunity to lay out the first of my two amendments. As we debated the bill last night, we had several amendments that were added—long amendments. One of the issues will be that—this amendment would prohibit the detention of children under the age of 10. Currently, our Texas Juvenile Justice Code is actually not in the Criminal or the Penal Code. It's actually in the Family Code. What we don't want to happen, as this bill is implemented, is that we detain children. Children from the age of 10 to 17 are the ones that could actually be charged. So what this amendment would do is it would prohibit the detention of 10-year-olds. Let me repeat that. Members, the detention of babies 10 and under being detained once this operation—this unit—is up and running. We know that when you detain young people through no fault of their own, who are younger than 10, that is a very traumatic experience for that family, but particularly for that child.
REPRESENTATIVE MOODY: Mr. Walle, the amendment that we have in front of us is going to prohibit—well, under the bill, why would we need a provision like this? What's the provision that's implicated here?
WALLE: Well, the provision is really—it's kind of disturbing, Chair Moody. What we want to prevent is the construction of jails for children––baby jails.
MOODY: Because in the bill there's grants to build facilities, right?
WALLE: That is correct. And so it does allow for a lot of grants, a lot of infrastructure to be built, and economic development. It's very broad what these state dollars can be spent on with this new HB 7—but also even further, the construction of detention facilities that could hold 10-year-olds.
MOODY: Because currently, statistically the individuals that are being detained under the program now are adult males, right? And we have facilities to be able to address that population?
WALLE: That's correct. As I understand in speaking to folks, the folks that are being detained currently are mostly males. That's been the prerogative of this state to do that. What we don't want to do—look, this is a very serious matter. And one of the things that really concerns me is—you have children, you have three beautiful children, Representative Moody. I have two boys—young. One that's nine and one that's 12. I don't think this body wants to get in the business of building and constructing baby jails. I don't think this body wants to do that. I know this body doesn't want to do that. And so based on my conversations with folks, I think that this is the right policy. If, as we're going to do in a few minutes, in passing this bill, unfortunately, we want to be able to prevent this state from getting in the business of constructing baby jails.
MOODY: Because the bill as it stands now reads all persons regardless of age or gender.
WALLE: That's correct.
MOODY: So that's all ages—the full gamut. What your amendment does is narrows that and you said you've got to be essentially 10 or older, right? Well, we're just going to carve out all those kiddos under 10.
WALLE: That's correct.
MOODY: And we're not going to permit the use of these funds to build facilities to incarcerate and hold children under 10 years old. That's what your amendment does?
WALLE: That's plainly what the amendment does.
A record vote was requested.
Amendment No. 1 was adopted by (Record 1415): 109 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; Dean; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hefner; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Longoria; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Smith; Stucky; Talarico; Thierry; Toth; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anderson; Bell, C.; Bonnen; Cain; Harrison; Hayes; Holland; Isaac; Jetton; Kitzman; Leach; Leo-Wilson; Paul; Schaefer; Schatzline; Spiller; Swanson; Tepper; Tinderholt; Vasut.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Bryant; Cunningham; DeAyala; Dutton; Goldman; Hull; Lopez, J.; Manuel; Oliverson; Schofield; Shaheen; Slawson; Smithee; Thimesch; Thompson, E.; Thompson, S.; Troxclair.
STATEMENTS OF VOTE
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
C. Bell
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Bonnen
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 1415 was taken, I was shown voting yes. I intended to vote no.
Dorazio
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Holland
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
Hull
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Jetton
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1415 was taken, my vote failed to register. I would have voted yes.
Manuel
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Paul
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
Shaheen
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
When Record No. 1415 was taken, I was shown voting no. I intended to vote yes.
Swanson
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
Thimesch
When Record No. 1415 was taken, I was in the house but away from my desk. I would have voted yes.
S. Thompson
Amendment No. 2
Representative Walle offered the following amendment to HB 7:
Amend HB 7 on third reading in added Section 411.563, Government Code, by striking "personnel" in each place it appears and substituting "commissioned officers".
AMENDMENT NO. 2 - REMARKS
REPRESENTATIVE WALLE: As the night went on and folks who were paying attention or not paying attention—I just want to make sure that as we go through the process that when this Border Protection Unit is implemented—and I'm not going to debate the merits, I respect my colleagues that live along the border. This amendment just plainly strikes "personnel." Because in the bill, as it's drafted, this Border Protection Unit can hire anybody, any personnel, and that's a little vague in my view. What I want to do in this amendment is strike where it says "personnel" and actually place, in that stricken word, "commissioned officers." If we are going to go down this route and build this unit up, then the folks that are working in law enforcement actually have law enforcement training. At minimum, every law enforcement officer in this state—and we appreciate the work that they do, they protect and serve our community, like Representative Frazier. There's a lot of folks on this floor that respect the work that our police officers do. What we want to do is make sure that these folks are actually commissioned officers. Because those commissioned officers have to have a certain minimum standard of academic training, physical and mental health training or counseling, firearms training, and constitutional law training. Because once these officers or personnel start interacting with the public, you want to make sure that these officers—these personnel—are actually commissioned officers by the State of Texas, so that we don't have any problems going down the road as this Border Protection Unit is implemented.
REPRESENTATIVE MOODY: Mr. Walle, I know you mentioned that some people were listening to that debate last night and some people weren't. But what I heard during the debate was we wanted to ensure there was a certain level of professionalism, a certain level of training, and a certain level of expertise. And those are the people that we want if we are going to have this. I think you would agree with me. If we're going to have this, do we not want the most trained, the most professional, and the most experienced individuals implementing this program?
WALLE: That's correct.
MOODY: Why do you think that's important?
WALLE: I think it's important that you actually have folks that are trained to do law enforcement activities. In the bill, it mentions "personnel." Personnel is not defined as I read the bill. What you want to do is make sure that you have some basic minimum standards on how to interact with the public. These law enforcement agents throughout the state have those basic minimum standards so that we don't violate folks' constitutional rights, but you also don't violate folks' human rights. Because what is going on at the border is a humanitarian catastrophe. You have folks that are being pushed out of their countries of origin because their own governments cannot provide the educational care, the health care, the economic—the violence that is going on right now within these countries that are pushing these folks out. The reality is they are at our border. That's just a fact. They are at our border. But what we don't want to do is create a situation where we compound the crisis at the border by hiring folks that don't have any training whatsoever.
MOODY: Well, you know as well as I do, even in the best-case scenario when you have training, you have expertise, and you have all those bells and whistles, you're still going to land yourself in positions where—look, people make mistakes. People do things in the heat of the moment. Mistakes happen and rights are violated. So even in the best of circumstances, you can land yourself in a place of litigation where rights have been potentially violated. That's today, even with folks that are commissioned to go through the process. If we lower that bar––which is the way the bill is as it came to the floor today––without your amendment, I think we're going to walk ourselves into an even larger category of opportunity for some of these more bad outcomes for folks and, honestly, more litigation related to violation of rights. You would agree with me, right?
WALLE: I would agree with you. Yes, sir.
MOODY: And have you discussed with the author if he's going to accept this amendment?
WALLE: As I just read his lips, it's acceptable to the author.
MOODY: Fantastic. I'm glad you were paying attention last night and drafted this amendment.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Tinderholt offered the following amendment to HB 7:
Amend HB 7 on third reading in the ARTICLE of the bill adding Subchapter S, Chapter 411, Government Code, by striking added Section 411.553, Government Code, and renumbering the sections of that subchapter and cross-references to those sections accordingly.
AMENDMENT NO. 3 - REMARKS
REPRESENTATIVE TINDERHOLT: Last night's amendment made it so that county commissioners in border counties would have to approve the Border Protection Unit to operate in that area. I don't think it's smart. We just passed a preemption bill recently. Last night, we added an important provision to the legislation about the Border Protection Unit. Unfortunately, part of that amendment restricts these new DPS officers' activities unnecessarily. It restricts their ability to secure our border and state to what the county commissioners are okay with. Members, we don't need to restrict law enforcement's ability to secure our border to what local governments approve or disapprove. We need to be giving DPS and the Border Protection Unit the tools they need to do the job.
REPRESENTATIVE MOODY: Just so I understand, the purpose of the amendment is to strike the provision that would permit the county commissioners courts from inviting the newly created BPU to their jurisdiction to coordinate with them?
TINDERHOLT: Not so much coordinate, but to approve or disapprove on whether they operate. We just passed a preemption bill a couple of weeks ago. I'm afraid that in some of these counties they'll say that they don't want the Border Protection Unit there. But the people of the United States of America and of Texas deserve a quality Border Protection Unit.
MOODY: Do you think law enforcement that comes into an environment where they're not working collaboratively with local officials and other local law—county commissioners oversee the sheriff's department in every one of their counties, do they not?
TINDERHOLT: They do.
MOODY: Do you think it is wise or do you think it is fruitful to have law enforcement coming into a community that is not coordinating and collaborating with local officials?
TINDERHOLT: I think they'll still coordinate and I think they'll still collaborate. But the problem is going to be when we have county commissioners—
MOODY: So forcing the local government at the law enforcement level to—it doesn't sound very collaborative to me. Collaboration is usually coordinating—in fact, this bill, wherever people stand on it, seems to be pushing an effort to make sure that courts, prosecutors, and law enforcement at all levels are working together. You're familiar with the idea of fusion centers and things like that, right?
TINDERHOLT: I am. But what you're implying is that if I remove this that no collaboration takes place. I think it still does. The provision exists to try to exempt them and stop them from certain counties. There's no other reason that would exist.
MOODY: Wouldn't you agree with me that what the bill builds in, by asking our local elected officials to openly engage in this conversation, is finding a space for all of the folks to come together and have that conversation in a public dialogue? I think it's important. I think it's important for the public back home to be involved in that dialogue. And as a new law enforcement entity—as someone from a community that has a bazillion law enforcement organizations working in my backyard—and by the way, they work very well together. They coordinate and they meet on a regular basis.
TINDERHOLT: And they do that without the commissioners court having to approve it.
MOODY: The commissioners court is very well involved in all of those.
TINDERHOLT: But they don't have to approve or disapprove.
MOODY: They designate folks to go be their liaison for these purposes. Not including them in that decision-making process is hostile.
TINDERHOLT: I disagree.
MOODY: It is a hostile effort. And when you're trying to promote—don't you think the better way to promote collaboration is to bring people to the table and not say, "We're just going to cut your seat out of the table whether you want it or not. Whether you want to talk about it or not, we're going to be here"? How effective do you think that will be?
TINDERHOLT: Currently, DPS doesn't have to get permission from the commissioners court to be where they're at, nor does the National Guard. They're collaborative and they're working. The only reason I believe this provision exists is to stop them from operating in that county. There's no other reason for it because they will be collaborative. They are right now—DPS is and this new unit will be.
MOODY: How much of a collaborative environment do you think you're creating when the bill, as is, creates an avenue by which public participation at the local level can be involved and you remove that?
TINDERHOLT: See, I think, currently—
MOODY: Don't you think the message to folks back home, at least in my community, will be: "We don't want you involved in this process"?
TINDERHOLT: No, I think they're going to think it's exactly like it currently is. DPS is operating in our backyard.
MOODY: It's not exactly how it currently is because it's a brand-new unit of law enforcement. So I do disagree with you on that. This is a very different effort. And if it wasn't a very different effort, it wouldn't be necessary. For communities like mine, who, by the way, regardless of what some people may think, have a vested interest in a secure and functional border and want to be a productive partner in that conversation. Do you think that a county like El Paso doesn't want a secure border?
TINDERHOLT: I think there are some counties that either do or will subvert—
MOODY: I'm asking specifically. I care about El Paso County. Do you think my county doesn't want a secure border?
TINDERHOLT: I don't know and that's not what this is about. This is about now or in the future—
MOODY: Well, you're talking about taking local authority away.
TINDERHOLT: You asked me a question. May I answer the question?
MOODY: Do you think my county—
TINDERHOLT: I think now or in the future there will be county commissioners and county courts that want to stop it.
MOODY: Do you or do you not think that my county has a vested interest in a safe and secure border where legal trade can traverse and where people can traverse safely and legally as well?
TINDERHOLT: Your county may be doing great, but what about the county that's not yours that does not want these units operating in their—
MOODY: Which county is that?
TINDERHOLT: I'm saying now or in the future.
MOODY: Well, which county is that?
TINDERHOLT: I just answered your question. What more do you want?
MOODY: Which county is hostile to this right now?
TINDERHOLT: I'm saying there could be in the future, and I think this is important. Right now, you know DPS does not have to coordinate. It's silly that you're thinking that removing this is going to make no collaboration. They collaborate. They have fusion centers, just like you said. They're going to use all the same tools that they currently use.
MOODY: We do these things in a collaborative way. The nature of this amendment is to send a message to communities like mine that we do not care about your opinion and we do not care about public input and participation in this process with a new unit being stood up in our jurisdictions. If we're going to do this, we should do it in a way that brings everybody to the table in the most amicable way possible. The only way I can read your amendment is that we want them to know that we don't care what they think. We're going to do this anyway.
TINDERHOLT: I'll tell you that I'm sorry that you read it that way. My intent of the amendment is to ensure that no county says no to a Border Protection Unit going to the border to enforce border protection for Texans, period.
MOODY: And I understand your intent. I have no other way to read this than as cutting out public participation for a community like mine. I appreciate you bringing it, but I think the better way to do things, particularly with law enforcement, is to invite and integrate things in a collaborative measure. The more people that participate the better. You've heard of the term community policing?
TINDERHOLT: I have.
MOODY: The theory behind community policing is when you have a great, healthy relationship between the law enforcement and the community they come from and they serve. And this is a new unit being stood up that has never been stood up before and the opportunity for the public to participate—I can wait for you to finish.
TINDERHOLT: Go ahead. I'm sorry.
MOODY: The opportunity for the public to participate and be engaged and involved in it was built into the bill through the provision as it came to the floor today. As someone who has seen—by the way, one of the safest communities in the country of its size, year after year after year, is the city that I'm from. Despite all of the rhetoric about my community, it is one of the safest in this nation of its size every year, year in and year out. That is because there is a healthy and good relationship between the law enforcement and the public that they serve. So I see this component of HB 7 as a key component of preserving that and not being hostile to it. In what way would you disagree with having a collaborative measure for our local government to get involved in this?
TINDERHOLT: I'll state it simply, kind of what I said last night. We had people in politics that wanted to defund the police. And right now at the border there are some people doing some amazing things.
MOODY: I'm not here for catchphrases.
TINDERHOLT: Let me finish. Let me finish.
MOODY: Tell me what's going on for real.
TINDERHOLT: There's amazing things happening at the border, but I'll tell you, as a nation, we're failing miserably. And what I'm saying through this amendment is: No county can say no to a Border Protection Unit to protect Texans and Americans. There's nothing else to infer from my amendment other than that. If there's a county that decides they don't want this unit there, I'm saying we're coming and we're going to protect your community. And if you're an elected official—
MOODY: And we don't care what you think about it.
TINDERHOLT: Well, hold on. And if you're an elected official that says you don't want it, you don't want to protect your community, we're going to protect it anyway.
MOODY: I understand your point. I'm trying to be respectful. To say that a community like mine doesn't care about safety and security or somehow would thumb their nose at safety and security—it is a reality that we live every day. And the situation with the border and immigration in our community is very complicated and it's not a black-and-white issue. It's not just about stacking troops up on the border.
TINDERHOLT: It is. The border is not wide open. If you want Border Protection Units to be able to operate without a local elected official's approving, I would request that you vote with me—do you have questions?
REPRESENTATIVE HARRISON: Mr. Tinderholt, is the purpose of the Border Protection Unit to protect the entire southern border of the State of Texas or only part of it?
TINDERHOLT: The entire Texas border.
HARRISON: Without your amendment, is there any way that we can know, if HB 7 passes, that the entire southern border would be protected?
TINDERHOLT: Absolutely not.
HARRISON: Without your amendment, does HB 7 actually disempower the authority of the State of Texas and subjugate it to local elected officials for the purposes of securing this border?
TINDERHOLT: It absolutely does.
HARRISON: Without your amendment, is the entire point of the Border Protection Unit effectively gutted?
TINDERHOLT: Pretty much. It allows local elected officials that might be liberal—
HARRISON: This is a great amendment. If you support securing the border, vote yes on this amendment.
REPRESENTATIVE GUILLEN: I'm going to leave this up to the will of the house. What this does is it eliminates the ability of the counties to approve or disapprove of the presence of the BPU. I'm going to leave it up to the will of the house.
A record vote was requested.
Amendment No. 3 failed of adoption (not receiving the necessary two-thirds vote) by (Record 1416): 82 Yeas, 63 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; 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; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; 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; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Guillen.
STATEMENT OF VOTE
When Record No. 1416 was taken, my vote failed to register. I would have voted yes.
Guillen
Amendment No. 4
Representative Bernal offered the following amendment to HB 7:
Amend HB 7 on third reading in the ARTICLE of the bill adding Subchapter S, Chapter 411, Government Code, by adding the following Section to that subchapter:
Sec. 411.5591. USE OF PERSONAL VEHICLE PROHIBITED. Notwithstanding any other provision of this subchapter, an officer or other employee of the unit may not use the officer's or employee's personal vehicle to conduct a traffic stop for any purpose related to the officer's or employee's duties.
AMENDMENT NO. 4 - REMARKS
REPRESENTATIVE BERNAL: I would like everyone's attention because this amendment actually would affect all of you. What the amendment does is it says that the BPU officers cannot use their private vehicles—their own vehicles—for a traffic stop. Let me tell you why that's important: I already know that most of you carry, and there's a guarantee that most of you carry in your cars. So imagine any one of you or I go to the Valley where my family's from and I was born, and all of a sudden some unmarked 4x4, some unmarked car—a Prius—attempts to pull you over. You don't know who they are, you don't know what they want, and you think you and your family's lives are in danger. You're probably going to do something about that and that's a recipe for disaster. That could happen now. Without this amendment—without some guardrails—if we allow these officers to use their private vehicles, the same thing could happen and we wouldn't be accomplishing the goal that we want. All this amendment says is they cannot use their private vehicles for traffic stops. It is acceptable to the author.
Amendment No. 4 was adopted.
Amendment No. 5
Representative Morales Shaw offered the following amendment to HB 7:
Amend HB 7 on third reading in the ARTICLE adding Subchapter S, Chapter 411, Government Code, in added Section 411.561, Government Code, by adding the following subsections:
(a-1) The unit chief may not employ an officer or other employee if the officer or other employee:
(1) has been convicted of a violent offense; or
(2) has been dishonorably discharged from the armed forces of the United States or the Texas military forces as shown by the service member's release or discharge documentation.
(a-2) For purposes of Subsection (a-1):
(1) "Texas military forces" has the meaning assigned by Section 437.001.
(2) "Violent offense" means an offense under the law of any state that has as an element the use, attempted use, or threatened use of physical force against any person.
AMENDMENT NO. 5 - REMARKS
REPRESENTATIVE MORALES SHAW: This amendment simply ensures that persons convicted of a crime of violence against another person or dishonorably discharged persons are excluded from participating in this new state militia.
Amendment No. 5 was adopted.
HB 7 - REMARKS
REPRESENTATIVE C. MORALES: I just have a couple of questions. I wanted to know how would a crime be designated as border related? What are the specific offenses?
REPRESENTATIVE GUILLEN: Let's see. I think you're referencing the border-related crimes that would be dealt with by the OCA and the court system? What are you referencing?
C. MORALES: Yes, with the court system.
GUILLEN: The border-related crimes would be anything dealing with drugs, human trafficking, and those types of things.
C. MORALES: How would a case be identified as including an operative or transnational cartel? Would that criteria alone be enough?
GUILLEN: I'm not following the question.
C. MORALES: Let me go on to another question. What definition of "transnational cartel member" does this bill follow?
GUILLEN: I am not sure we have a definition in the bill. I think it might already be in statute.
C. MORALES: I have another question because we are approaching Mother's Day. Today is Mexican Mother's Day. What about people living with someone who may be tied to a gang? Is someone's grandmother at risk of committing a border-related offense because their grandchild may be involved with criminal activity?
GUILLEN: Right. I think you're referencing something that we already have in statute that exempts anybody from those types of crimes that are within two degrees of consanguinity.
REPRESENTATIVE CANALES: What I would like to talk to you about is the money part. You and I have had many discussions over this session. So that the members know what we're talking about, for instance, Hidalgo County, where I'm from, we're housing 500 inmates that are Operation Lone Star related. Since the inception of border security, my county has had to open three additional county courts at law. They've had to open three additional district courts, and the Office of Court Administration says we're short. We have roughly calculated, with some degree of accuracy, that Hidalgo County has an unfunded mandate—my county—of approximately $17 million a year. I will repeat that because if anybody's county in here has an unfunded mandate of $17 million a year, you'd probably be up here complaining. I'm not complaining, but what I'd like to know is with your grant programs and the money that's supposed to be allocated, do we have any idea what the funding is going to look like for counties like mine that have a $17 million unfunded mandate?
GUILLEN: You'd have to ask the Appropriations Committee about that. What we are doing in the bill is trying to address those problems. The amount of money would be a question for the Appropriations Committee.
CANALES: Have you had any discussions with the Appropriations Committee?
GUILLEN: Absolutely.
CANALES: Do you have any idea what it is they're looking at with respect to counties such as mine?
GUILLEN: That's a question, again, for them.
CANALES: One of the things, and I know that there was much of CSHB 20 and elements of it that were amended. Was the third-degree felony amended onto your bill for trespass?
GUILLEN: No.
CANALES: Are you aware that, right now, the legislation that was passed out of this house with respect to trespass––I think last session or the session before last––that in Hidalgo County, we can't even house those people?
GUILLEN: What we do have in this bill is we are trying to address those things. We have a Border Region Court Grant Program, and we are also directing OCA to study and report border-related crime and to identify the problem areas to try to interject and address them through this program. We also have a criminal justice facilities fund to fund construction and maintenance of criminal justice facilities to try and address what you're talking about.
CANALES: I appreciate your hard work and I also know you've done your best. One of the things that also concerns me and that I think the body should recognize is that with the increased presence of law enforcement, some of the arrests have nothing to do with—in fact, a large part of the arrests from the Department of Public Safety in my region have nothing to do with border security crime, which I'm all right with. I love the presence of DPS in my hometown. I love the fact that they're patrolling and keeping the place safe. But we've got a 40 percent increase—the last numbers, I think that was six or seven years ago—in DWIs. Those are not border-related crimes as it pertains to your bill. Those are the kind of crimes, because of increased law enforcement presence, that I'm asking if there is anything in your grant funding formulas or potential ones that we might get from Appropriations that covers the offenses that are not border-related crimes, but are incidental to the increased law enforcement presence that Operation Lone Star and the border security effort creates?
GUILLEN: I understand what you're pointing out, and I think the answer is no, but I do agree with you that there are some unrelated increases in expenditures. Indirectly, we have that in HB 7 in that we're having them study the issue—what have been the increases in their docket as a result of these things and we're trying to address those here.
CANALES: You think, as part of your bill, that portions of your bill are to study things that are incidental, but not necessarily border-related crimes?
GUILLEN: Yes.
CANALES: When is the result of that study supposed to come back to us?
GUILLEN: Before the next session of legislature.
CANALES: I hope that you would agree to work with me when we get the results of that study, and they show the increased arrests that are unrelated to border security but are directly correlative to the increased law enforcement presence—to help me fund the unfunded mandate. My sheriff says I have 500 inmates that are related to border security, but not border security-related crimes. When you put that together, that's about a $10 million to $11 million cost annually. In fact, we just leased a jail in Willacy County, completely outside our facility, for $10 million a year. Those are the things I'm concerned about. I ask you if you'll work with me next session after we get the results?
GUILLEN: Absolutely.
CANALES: Thank you for your responses, Chairman, and thank you for your efforts.
HB 7, as amended, was passed by (Record 1417): 88 Yeas, 56 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — 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; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Allen; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1417 was taken, I was in the house but away from my desk. I would have voted no.
Allen
When Record No. 1417 was taken, my vote failed to register. I would have voted no.
Morales Shaw
REMARKS ORDERED PRINTED
Representative Neave Criado moved to print all remarks on HB 7 and all remarks on CSHB 7 and CSHB 20 on May 9.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Lozano requested permission for the Committee on Urban Affairs to meet while the house is in session, at 3:30 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 1:12 p.m., the following committee meeting was announced:
Urban Affairs, 3:30 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 2965 ON THIRD READING
(by Vasut, Slawson, Murr, Gervin-Hawkins, et al.)
HB 2965, A bill to be entitled An Act relating to certain construction liability claims concerning public buildings and public works.
HB 2965 was passed by (Record 1418): 132 Yeas, 10 Nays, 2 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; Campos; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; 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, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Meza; Moody; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rogers; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bucy; Cole; Gámez; González, M.; Jones, J.; Longoria; Morales, C.; Plesa; Ramos; Romero.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Cortez; Lopez, R.; Martinez Fischer; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1418 was taken, I was shown voting no. I intended to vote yes.
Cole
When Record No. 1418 was taken, I was in the house but away from my desk. I would have voted yes.
Cortez
When Record No. 1418 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1418 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 2960 ON THIRD 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.
HB 2960 was passed by (Record 1419): 90 Yeas, 53 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.(C); Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Ramos; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Anchía; Bernal; Bhojani; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Longoria; Manuel; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Reynolds; Romero; Rose; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker.
Absent, Excused — Sherman.
Absent — Allen; Bowers; Raney; Rosenthal.
STATEMENTS OF VOTE
When Record No. 1419 was taken, I was in the house but away from my desk. I would have voted no.
Allen
When Record No. 1419 was taken, I was shown voting yes. I intended to vote no.
Muñoz
When Record No. 1419 was taken, I was shown voting yes. I intended to vote no.
Ramos
When Record No. 1419 was taken, I was in the house but away from my desk. I would have voted no.
Rosenthal
HB 2044 ON THIRD READING
(by Bowers, Allen, Rose, Garcia, Reynolds, 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.
HB 2044 was passed by (Record 1420): 80 Yeas, 65 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Button; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Stucky; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; King, K.; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Frazier.
STATEMENTS OF VOTE
When Record No. 1420 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1420 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1420 was taken, I was shown voting no. I intended to vote yes.
Lambert
When Record No. 1420 was taken, I was shown voting yes. I intended to vote no.
Stucky
HB 4918 ON THIRD READING
(by Rosenthal, Cain, Bernal, Plesa, et al.)
HB 4918, A bill to be entitled An Act relating to the processing, manufacture, and sale of hemp products for smoking.
HB 4918 failed to pass by (Record 1421): 69 Yeas, 75 Nays, 2 Present, not voting. (The vote was reconsidered later today, and HB 4918 was passed by Record No. 1477.)
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bucy; Cain; Campos; Canales; Clardy; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harrison; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, J.; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Capriglione; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lozano; Lujan; Metcalf; Meyer; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Bryant; Vasut.
STATEMENTS OF VOTE
When Record No. 1421 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1421 was taken, I was shown voting yes. I intended to vote no.
J. Lopez
When Record No. 1421 was taken, I was temporarily out of the house chamber. I would have voted no.
Vasut
HB 4362 ON THIRD 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.
HB 4362 was passed by (Record 1422): 90 Yeas, 53 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bumgarner; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Jetton; Kitzman; Klick; Landgraf; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Orr; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Frazier; Isaac; Thimesch.
STATEMENTS OF VOTE
When Record No. 1422 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1422 was taken, my vote failed to register. I would have voted no.
Isaac
When Record No. 1422 was taken, I was shown voting yes. I intended to vote no.
K. King
When Record No. 1422 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1422 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1422 was taken, I was in the house but away from my desk. I would have voted no.
Thimesch
HB 2181 ON THIRD READING
(by Rose, Garcia, and Campos)
HB 2181, A bill to be entitled An Act relating to the administration by the Texas Department of Housing and Community Affairs of a homeless housing and services program for youth and young adults.
HB 2181 was passed by (Record 1423): 83 Yeas, 59 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Frank; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; King, K.; King, T.; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frazier; Gerdes; Goldman; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Kacal; Kitzman; Klick; Lambert; Landgraf; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Isaac; Jetton; Jones, V.; Leach.
STATEMENTS OF VOTE
When Record No. 1423 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1423 was taken, my vote failed to register. I would have voted no.
Isaac
When Record No. 1423 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
When Record No. 1423 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1423 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1423 was taken, I was in the house but away from my desk. I would have voted no.
Leach
HB 1775 ON THIRD READING
(by E. Thompson)
HB 1775, A bill to be entitled An Act relating to the oversight and election of board members for certain emergency services districts.
HB 1775 was passed by (Record 1424): 120 Yeas, 23 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harris, C.E.; Hefner; Hernandez; Herrero; Holland; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; 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, E.; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Raymond; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson.
Nays — Bucy; Burns; Cole; Collier; Davis; Flores; Goodwin; Harless; Harrison; Hayes; Hinojosa; Howard; Johnson, J.E.; Morales, C.; Morrison; Plesa; Ramos; Raney; Reynolds; Talarico; Thompson, S.; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Bernal; Isaac; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1424 was taken, I was shown voting yes. I intended to vote no.
J. González
When Record No. 1424 was taken, my vote failed to register. I would have voted yes.
Isaac
When Record No. 1424 was taken, I was shown voting yes. I intended to vote no.
Lalani
When Record No. 1424 was taken, my vote failed to register. I would have voted no.
Morales Shaw
When Record No. 1424 was taken, I was shown voting no. I intended to vote yes.
Ramos
When Record No. 1424 was taken, I was shown voting yes. I intended to vote no.
Rogers
HB 2541 ON THIRD READING
(by Garcia, Campos, J.E. Johnson, Sherman, Oliverson, et al.)
HB 2541, A bill to be entitled An Act relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.
HB 2541 was passed by (Record 1425): 106 Yeas, 22 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Burns; Burrows; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Oliverson; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Button; Craddick; Cunningham; Gerdes; Harris, C.E.; Harrison; Hayes; Hull; Isaac; Kitzman; Kuempel; Leo-Wilson; Metcalf; Noble; Paul; Schaefer; Schatzline; Shaheen; Slawson; Tepper; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C); Stucky.
Absent, Excused — Sherman.
Absent — Bowers; Cain; Frazier; Gates; Harless; Kacal; Klick; Lopez, J.; Morrison; Neave Criado; Price; Romero; Swanson; Thimesch; Tinderholt; Troxclair; Vasut.
STATEMENTS OF VOTE
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 1425 was taken, I was temporarily out of the house chamber. I would have voted yes.
Cain
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted no.
Gates
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
Harless
When Record No. 1425 was taken, my vote failed to register. I would have voted no.
Kacal
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
Morrison
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
Neave Criado
When Record No. 1425 was taken, my vote failed to register. I would have voted no.
Price
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted yes.
Romero
When Record No. 1425 was taken, I was shown voting present, not voting. I intended to vote no.
Stucky
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted no.
Thimesch
When Record No. 1425 was taken, I was shown voting yes. I intended to vote no.
E. Thompson
When Record No. 1425 was taken, I was in the house but away from my desk. I would have voted no.
Tinderholt
When Record No. 1425 was taken, I was temporarily out of the house chamber. I would have voted yes.
Vasut
HB 3782 ON THIRD READING
(by Guillen, Raymond, E. Morales, Muñoz, J. Lopez, et al.)
HB 3782, A bill to be entitled An Act relating to establishing the Border Security Advisory Council and the Border Protection Task Force.
HB 3782 - REMARKS
REPRESENTATIVE NEAVE CRIADO: Can you let us know who is on the council?
REPRESENTATIVE GUILLEN: It's led by the lieutenant governor and the speaker. Then we have four senators, four state representatives, and then the non-voting members are the executive heads from the Department of Public Safety, Texas Military Department, Texas Division of Emergency Management, Parks and Wildlife Department, Texas Department of Criminal Justice, Office of Court Administration, and a representative of a border county, a sheriff of a border region, a representative of a border region municipality, a border region police chief, and a representative of the border region business community. Other non-voting members are determined by the governor.
NEAVE CRIADO: What are the duties of this council?
GUILLEN: To conduct an in-depth examination of border security initiatives and programs in the state. That includes an assessment of cost-effectiveness, and identification of critical border safety problems, and a determination of the state's long-range border safety needs. Finally, to advise the legislature and the governor's office on ways to solve border safety issues so they can prioritize long-term needs, to coordinate efforts among local and state agencies, to streamline decision-making, increase transparency, and to make legislative recommendations.
NEAVE CRIADO: And apart from that, are there any other roles that the council plays in coordinating with the governor?
GUILLEN: I think I mentioned them all.
NEAVE CRIADO: What state agencies are in the bill?
GUILLEN: Do you mean department heads of those state agencies?
NEAVE CRIADO: Or which state agencies?
GUILLEN: DPS, TMD, TDEM, TPWD, Texas Department of Criminal Justice, and the Office of Court Administration.
NEAVE CRIADO: Thank you.
GUILLEN: Members, this establishes a Border Security Advisory Council and task force.
HB 3782 was passed by (Record 1426): 93 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Cole; Collier; Cortez; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hayes; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Manuel; Martinez Fischer; Meza; Moody; Morales, C.; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Sherman.
Absent — Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1426 was taken, I was shown voting no. I intended to vote yes.
Gámez
When Record No. 1426 was taken, I was shown voting no. I intended to vote yes.
Garcia
When Record No. 1426 was taken, my vote failed to register. I would have voted no.
Morales Shaw
REMARKS ORDERED PRINTED
Representative Neave Criado moved to print all remarks on HB 3782.
The motion prevailed.
HB 2401 ON THIRD READING
(by Oliverson, Burrows, Jetton, Shaheen, Noble, et al.)
HB 2401, A bill to be entitled An Act relating to the repeal of certain contracting requirements under the Medicaid managed care delivery model.
HB 2401 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of HB 2401 under Rule 8, Section 1(a)(1), of the House Rules on the grounds that the bill caption fails to give reasonable notice of the subject of the bill. The point of order was withdrawn.
HB 2401 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of HB 2401 under Rule 8, Section 1(a)(1), of the House Rules on the grounds that the bill caption fails to give reasonable notice of the subject of the bill. The point of order was withdrawn.
(Speaker in the chair)
Amendment No. 1
Representatives M. González, J.E. Johnson, Bryant, Ramos, and Bernal offered the following amendment to HB 2401:
Amend CSHB 2401 on third reading on page 2, line 3, by striking "is repealed." and substituting the following:
is amended by adding Subsection (f) to read as follows:
(f) This section only applies to a contract for a region with a population of 850,000 or more.
A record vote was requested.
Amendment No. 1 failed of adoption by (Record 1427): 69 Yeas, 74 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Shine; Spiller; Swanson; Talarico; Tepper; Thierry; Thompson, S.; Tinderholt; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burrows; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Goldman; Guerra; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Stucky; Thimesch; Thompson, E.; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Burns; Button; Darby; Lozano.
STATEMENTS OF VOTE
When Record No. 1427 was taken, I was shown voting yes. I intended to vote no.
Hefner
When Record No. 1427 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1427 was taken, I was shown voting yes. I intended to vote no.
Tepper
When Record No. 1427 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
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).
HB 2401 - (consideration continued)
HB 2401 failed to pass by (Record 1428): 64 Yeas, 71 Nays, 2 Present, not voting. (The vote was reconsidered later today, and HB 2401 was amended and was passed by Record No. 1475.)
Yeas — Anderson; Ashby; Bell, C.; Bernal; Bonnen; Buckley; Bumgarner; Burrows; Cain; Capriglione; Cook; Dean; DeAyala; Frank; Frazier; Gates; Gerdes; Gervin-Hawkins; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kitzman; Klick; Kuempel; Leach; Leo-Wilson; Lujan; Metcalf; Meyer; Morrison; Muñoz; Noble; Oliverson; Orr; Patterson; Paul; Price; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Swanson; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Nays — Allen; Allison; Bell, K.; Bowers; Bryant; Bucy; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dorazio; Dutton; Flores; Gámez; Garcia; Geren; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Lalani; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thimesch; Thompson, S.; Turner; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); King, K.
Absent, Excused — Sherman.
Absent — Anchía; Bailes; Bhojani; Burns; Button; Landgraf; Murr; Stucky; Tepper; VanDeaver; Vo.
STATEMENTS OF VOTE
When Record No. 1428 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 1428 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1428 was taken, I was in the house but away from my desk. I would have voted no.
Button
When Record No. 1428 was taken, I was shown voting no. I intended to vote yes.
Cunningham
When Record No. 1428 was taken, I was shown voting yes. I intended to vote no.
Gervin-Hawkins
When Record No. 1428 was taken, I was in the house but away from my desk. I would have voted no.
Vo
HB 286 ON THIRD READING
(by S. Thompson, Garcia, J. Jones, and Davis)
HB 286, A bill to be entitled An Act relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.
HB 286 was passed by (Record 1429): 121 Yeas, 23 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Howard; 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.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bell, C.; Bumgarner; Cain; Clardy; Cook; Gerdes; Holland; Isaac; Leo-Wilson; Metcalf; Noble; Patterson; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Swanson; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bailes; Hull; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1429 was taken, I was shown voting no. I intended to vote yes.
Gerdes
When Record No. 1429 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1429 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 4628 ON THIRD READING
(by Goldman)
HB 4628, A bill to be entitled An Act relating to the duties of law enforcement agencies, crime laboratories, and the Department of Public Safety following the performance of certain DNA profile comparisons.
HB 4628 was passed by (Record 1430): 146 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; 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; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Morales Shaw.
STATEMENT OF VOTE
When Record No. 1430 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 327 ON THIRD READING
(by S. Thompson, Garcia, J. Jones, and Davis)
HB 327, A bill to be entitled An Act relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.
HB 327 was passed by (Record 1431): 82 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bernal; Bowers; Bryant; Buckley; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kuempel; Lalani; Lambert; Leach; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Shine; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bumgarner; Burns; Cain; Capriglione; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kacal; Kitzman; Klick; Landgraf; Leo-Wilson; Lopez, J.; Metcalf; Morrison; Murr; Noble; Orr; Patterson; Paul; Price; Rogers; Schaefer; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bhojani; Morales Shaw; Oliverson; Schofield.
STATEMENTS OF VOTE
When Record No. 1431 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1431 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1431 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 2273 ON THIRD READING
(by Oliverson, C.J. Harris, Buckley, Garcia, Plesa, et al.)
HB 2273, A bill to be entitled An Act relating to including an understanding of certain political ideologies in the foundation curriculum in public schools.
HB 2273 was passed by (Record 1432): 127 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; 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, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu.
Nays — Bucy; Collier; Flores; González, J.; González, M.; Goodwin; Johnson, A.; Morales, C.; Romero; Rose; Rosenthal; Thierry; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bhojani; Guerra; Johnson, J.E.; Jones, J.; Morales Shaw; Talarico; Walle.
STATEMENTS OF VOTE
When Record No. 1432 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1432 was taken, I was in the house but away from my desk. I would have voted no.
J. Jones
When Record No. 1432 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 3745 ON THIRD READING
(by Goldman)
HB 3745, A bill to be entitled An Act relating to the procedure for maintaining the qualification of land for appraisal for ad valorem tax purposes as qualified open-space land.
HB 3745 was passed by (Record 1433): 146 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; 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; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bhojani.
STATEMENTS OF VOTE
When Record No. 1433 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1433 was taken, I was shown voting yes. I intended to vote no.
J. Jones
HB 3258 ON THIRD READING
(by Howard and Darby)
HB 3258, A bill to be entitled An Act relating to a report by the Legislative Budget Board on the reliance by this state on certain dedicated revenue for purposes of budget certification.
HB 3258 was passed by (Record 1434): 145 Yeas, 0 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; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Leo-Wilson.
Absent, Excused — Sherman.
Absent — Bhojani.
STATEMENT OF VOTE
When Record No. 1434 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
HB 3195 ON THIRD READING
(by Bonnen)
HB 3195, A bill to be entitled An Act relating to conduct of insurers providing preferred provider benefit plans with respect to physician and health care provider contracts and claims.
HB 3195 was passed by (Record 1435): 129 Yeas, 14 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; 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.; Harrison; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Slawson; Smith; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dean; Dorazio; Hayes; Schaefer; Schatzline; Shaheen; Smithee; Spiller; Swanson; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Geren; Jones, J.; Klick; Leo-Wilson.
STATEMENTS OF VOTE
When Record No. 1435 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1435 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1435 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1435 was taken, I was in the house but away from my desk. I would have voted yes.
J. Jones
When Record No. 1435 was taken, I was shown voting yes. I intended to vote no.
Leach
HB 182 ON THIRD READING
(by S. Thompson, J. Jones, Davis, et al.)
HB 182, A bill to be entitled An Act relating to the authority of a court to terminate the sentence of certain persons released on parole.
HB 182 was passed by (Record 1436): 87 Yeas, 56 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burrows; Button; Cain; Campos; Canales; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frazier; Gámez; Garcia; Gates; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; 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; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thompson, S.; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Bumgarner; Burns; Capriglione; Craddick; Dean; DeAyala; Dorazio; Frank; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Landgraf; Leach; Leo-Wilson; Lopez, J.; Metcalf; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Clardy; Cook; Geren; Thierry.
STATEMENTS OF VOTE
When Record No. 1436 was taken, I was temporarily out of the house chamber. I would have voted no.
Cook
When Record No. 1436 was taken, I was shown voting yes. I intended to vote no.
Frazier
When Record No. 1436 was taken, I was shown voting yes. I intended to vote no.
Meyer
HB 4059 ON THIRD READING
(by K. King, Kacal, A. Johnson, S. Thompson, Burrows, et al.)
HB 4059, A bill to be entitled An Act relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.
HB 4059 was passed by (Record 1437): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; 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; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Kuempel; Thierry.
STATEMENT OF VOTE
When Record No. 1437 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
HB 1315 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Herrero called up with senate amendments for consideration at this time,
HB 1315, A bill to be entitled An Act relating to the creation of the open burn pit registry fund and the issuance of specialty license plates to honor members of the United States armed forces exposed to open burn pits.
Representative Herrero moved to concur in the senate amendments to HB 1315.
The motion to concur in the senate amendments to HB 1315 prevailed by (Record 1438): 128 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hernandez; Herrero; 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; 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; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Gerdes; Harris, C.J.; Hefner; Patterson; Shaheen; Slawson; Tinderholt; Toth; Troxclair; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bhojani; Buckley; Dutton; King, K.; Kuempel; Manuel; Schatzline; Vasut.
STATEMENTS OF VOTE
When Record No. 1438 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1438 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1438 was taken, my vote failed to register. I would have voted yes.
Manuel
When Record No. 1438 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1438 was taken, I was in the house but away from my desk. I would have voted no.
Vasut
Senate Committee Substitute
CSHB 1315, A bill to be entitled An Act relating to the creation of the open burn pit registry fund and the issuance of specialty license plates to honor members of the United States armed forces exposed to open burn pits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Le Roy and Rosie Torres Act.
SECTION 2. Chapter 99, Health and Safety Code, is amended by adding Section 99.008 to read as follows:
Sec. 99.008. OPEN BURN PIT REGISTRY FUND. (a) The open burn pit registry fund is a special fund in the state treasury outside the general revenue fund. The fund is composed of:
(1) money transferred to the fund at the direction of the legislature;
(2) gifts and grants contributed to the fund;
(3) the earnings of the fund; and
(4) money deposited to the credit of the fund under Section 504.679, Transportation Code.
(b) Money in the fund may be appropriated only to the department. The department may use the money only for the creation and maintenance of the open burn pit registry established under Section 99.003, except that the department may use the money for any other purpose of the department consistent with legislative appropriation of the money if the department finds that the registry is adequately funded and contributions to the fund exceed the amount necessary for the registry to be adequately funded.
SECTION 3. Subchapter G, Chapter 504, Transportation Code, is amended by adding Section 504.679 to read as follows:
Sec. 504.679. VETERANS EXPOSED TO OPEN BURN PITS. (a) The department shall issue specialty license plates to honor members of the United States armed forces who were exposed to open burn pits during their military service. The license plates must include:
(1) the words "Burn Pits 360 Veterans Organization"; and
(2) a depiction of the Burn Pits 360 nonprofit organization logo.
(b) After deduction of the department's administrative costs, the remainder of the fee for issuance of the license plates shall be deposited to the credit of the open burn pit registry fund established under Section 99.008, Health and Safety Code.
(c) Section 504.702 does not apply to a specialty license plate issued under this section.
SECTION 4. This Act takes effect September 1, 2023.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 2329 ON THIRD 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 read third time on May 9 and was postponed until 9 a.m. today.
Representative Bailes moved to postpone consideration of HB 2329 until 10 a.m. Saturday, March 2, 2024.
The motion prevailed.
CSHB 2650 ON SECOND READING
(by Howard, Guillen, Neave Criado, Garcia, Harless, et al.)
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.
CSHB 2650 was read second time on May 8 and was postponed until 9 a.m. today.
Representative Howard moved to postpone consideration of CSHB 2650 until 9 a.m. tomorrow.
The motion prevailed.
SB 876 ON SECOND READING
(Buckley, Patterson, Lalani, et al. - House Sponsors)
SB 876, 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.
SB 876 was considered in lieu of CSHB 2238.
SB 876 was read second time.
Amendment No. 1
Representative Buckley offered the following amendment to SB 876:
Amend SB 876 (house committee report) as follows:
(1) On page 1, line 24, strike "personal and" and substitute "a [personal]".
(2) On page 2, line 1:
(A) Strike "noncommercial".
(B) Between "use" and the period insert "described by Subsection (a)".
Amendment No. 1 was adopted.
SB 876, as amended, was passed to third reading.
CSHB 2238 - LAID ON THE TABLE SUBJECT TO CALL
Representative Buckley moved to lay CSHB 2238 on the table subject to call.
The motion prevailed.
HB 2401 - NOTICE GIVEN
At 2:48 p.m., pursuant to the provisions of Rule 7, Section 37(c), of the House Rules, Representative Goldman gave notice that he would, in one hour, move to reconsider the vote by which HB 2401 failed to pass by Record No. 1428.
CSSB 855 ON SECOND READING
(Hull, Leach, J.E. Johnson, Vasut, and Moody - House Sponsors)
CSSB 855, A bill to be entitled An Act relating to judicial training requirements regarding family violence.
CSSB 855 was considered in lieu of CSHB 3519.
CSSB 855 was read second time and was passed to third reading.
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.
HB 1492 was read second time on May 8 and was postponed until 10 a.m. today.
Representative Ordaz moved to postpone consideration of HB 1492 until 10 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.
CSHB 303 was read second time on May 8, postponed until May 9, and was again postponed until 10 a.m. today.
CSHB 303 - POINT OF ORDER
Representative Toth raised a point of order against further consideration of CSHB 303 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.
(Murr in the chair)
The point of order was withdrawn.
A record vote was requested.
CSHB 303 failed to pass to engrossment by (Record 1439): 60 Yeas, 81 Nays, 2 Present, not voting.
Yeas — Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, R.; Lujan; 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; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Metcalf; Meyer; Morrison; Noble; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Murr(C).
Absent, Excused — Sherman.
Absent — Allen; Frazier; Oliverson; Raney; Thierry.
STATEMENTS OF VOTE
When Record No. 1439 was taken, I was shown voting yes. I intended to vote no.
Bowers
When Record No. 1439 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 1439 was taken, I was shown voting no. I intended to vote yes.
Guerra
When Record No. 1439 was taken, I was in the house but away from my desk. I would have voted no.
Raney
CSHB 3519 - LAID ON THE TABLE SUBJECT TO CALL
Representative Hull moved to lay CSHB 3519 on the table subject to call.
The motion prevailed.
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 1942 ON SECOND READING
(by Leach, Meyer, Patterson, Moody, Rose, et al.)
HB 1942, A bill to be entitled An Act relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Representative Leach moved to postpone consideration of HB 1942 until after second reading consideration of HJR 102.
The motion prevailed.
CSHB 2843 ON SECOND READING
(by Kuempel and Rose)
CSHB 2843, A bill to be entitled An Act relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.
Representative Kuempel moved to postpone consideration of CSHB 2843 until after second reading consideration of HB 1942.
The motion prevailed.
(Speaker in the chair)
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
CSHJR 155 ON SECOND READING
(by Geren, Rose, Davis, Romero, et al.)
CSHJR 155, A joint resolution proposing a constitutional amendment to foster economic development and job growth, provide tax relief and funding for education and public safety programs, support the horse racing industry, and reform horse racing and greyhound racing by authorizing casino gaming at destination resorts, authorizing sports wagering, authorizing Tribal-State compacts with federally recognized Indian tribes, and creating the Texas Gaming Commission to regulate casino gaming and sports wagering; requiring a license to conduct casino gaming; and requiring the imposition of a casino gaming tax, sports wagering tax, and license application fees.
CSHJR 155 - POINT OF ORDER
Representative Martinez Fischer raised a point of order against further consideration of CSHJR 155 under Article III, Section 56, of the Texas Constitution on the grounds that the resolution is a local or special law prohibited from being enacted. The point of order was withdrawn.
Amendment No. 1
Representative Geren offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 3, line 19, between "education" and the semicolon, insert ", including salaries and benefits for public school teachers".
(2) On page 13, between lines 13 and 14, insert the following appropriately lettered subsection and reletter the subsections of added Section 47a, Article III, Texas Constitution, and cross-references to those subsections accordingly:
(____) The legislature by law shall allocate 80 percent of the revenue received from the tax imposed on gross casino gaming revenue of casino license holders to increase salaries for public school teachers in this State and to cost of living adjustments for the Teacher Retirement System of Texas. The legislature by law shall allocate a portion of the revenue received from the tax imposed on gross casino gaming revenue of casino license holders to public safety programs.
(3) Strike "tax relief and" in each of the following places it appears:
(A) page 1, line 2;
(B) page 1, line 19;
(C) page 4, line 23; and
(D) page 14, line 27.
Amendment No. 1 was adopted.
Amendment No. 2
Representative A. Johnson offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 1, line 5, strike "Subsection (f)" and substitute "Subsections (f) and (g)".
(2) On page 1, between lines 21 and 22, insert the following:
(g) The legislature by law shall annually allocate a portion of the revenue collected by this state from the conduct of sports wagering authorized under Subsection (f) of this section for use in county public safety programs, including in offsetting the costs of additional statutory county courts, judges, and judicial support staff and other public safety costs associated with population growth. The legislature by general law shall establish a program to allow a county to apply for money allocated under this subsection. In determining a county's increased public safety and court capacity needs and the amount to be allocated to the county under this subsection, consideration must be given to the annual statistical report on this state's judicial system prepared by the Office of Court Administration of the Texas Judicial System.
A record vote was requested.
Amendment No. 2 failed of adoption by (Record 1440): 50 Yeas, 92 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Anderson; Bernal; Bonnen; Bucy; Burrows; Campos; Cortez; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hefner; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Klick; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Metcalf; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Noble; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Rosenthal; Shaheen; Talarico; Turner; Vo; Walle; Wu.
Nays — Allison; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bowers; Buckley; Bumgarner; Burns; Button; Cain; Canales; Capriglione; Clardy; Cole; Collier; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Holland; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Meyer; Morrison; Murr; Neave Criado; Oliverson; Orr; Patterson; Paul; Raney; Raymond; Reynolds; Rogers; Romero; Schaefer; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; VanDeaver; Vasut; Wilson; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bryant; Longoria; Rose; Schatzline; Toth.
STATEMENTS OF VOTE
When Record No. 1440 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1440 was taken, I was shown voting no. I intended to vote yes.
Bhojani
When Record No. 1440 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1440 was taken, I was shown voting yes. I intended to vote no.
Campos
When Record No. 1440 was taken, I was shown voting yes. I intended to vote no.
Cortez
When Record No. 1440 was taken, I was shown voting yes. I intended to vote no.
Garcia
When Record No. 1440 was taken, I was shown voting yes. I intended to vote no.
Gervin-Hawkins
When Record No. 1440 was taken, I was in the house but away from my desk. I would have voted no.
Rose
When Record No. 1440 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
Amendment No. 3
Representative E. Morales offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 5, line 2, strike "eight" and substitute "nine".
(2) On page 5, line 12, strike "and".
(3) On page 5, line 22, strike the underlined period and substitute the following:
; and
(7) one destination resort owned and operated by the Kickapoo Traditional Tribe of Texas, without the payment of state license fees or compliance with minimum investment otherwise required for destination resorts, for a location the tribe owns or leases and designates as the destination resort, provided the location is within 300 miles of the exterior boundary of the tribe's reservation and the regulation of casino gaming by this state is not more restrictive than regulations applicable to other comparable gaming authorized by this state.
(4) On page 14, strike line 17 and substitute the following:
(w) The Kickapoo Traditional Tribe of Texas, on acceptance of this state's offer to the tribe provided in this section and approval of the secretary of the interior pursuant to 25 U.S.C. Section 2710(d), may offer Class III gaming, as defined by 25 U.S.C. Section 2703(8), on the tribe's reservation lands located in Maverick County, Texas, under rules adopted by the tribe that comply with the Indian Gaming Regulatory Act (Pub. L. No. 100-497) and applicable federal regulations, and the state and the tribe agree that wagers placed by players located outside of the tribe's Indian lands shall be deemed, for regulatory purposes, to take place where received and processed on the tribe's Indian lands. The placement of wagers by players located outside of the tribe's Indian lands is hereby permitted by state law.
(x) If, after January 1, 2023, video lottery terminals, slot machines, or other forms of gaming are authorized under state law within 200 miles of the boundary of the Kickapoo Traditional Tribe of Texas' reservation near Eagle Pass, Texas, the tribe is authorized to offer the same types of games or devices or other forms of gaming as authorized under state law at a location designated by the tribe. The number of games or devices authorized at the location shall equal any maximum number of games or devices authorized under state law for other gaming locations. The location must be on land owned or leased by the tribe that is within 300 miles of the boundary of the tribe's reservation. The gaming authorized under this section shall be regulated by the tribe and the secretary of state. A rule on gaming conducted by the tribe that is adopted by the secretary of state may not be more restrictive than a rule applicable to other comparable types of gaming licensed by this state. A tax rate or fee may not be imposed on the tribe's gaming operation in an amount that exceeds the amount of a tax rate or fee imposed on the operators of other gaming locations or facilities in this state.
(y) If any provision of this section or its application to
Amendment No. 3 - Point of Order
Representative Tinderholt raised a point of order against further consideration of Amendment No. 3 under Rule 11, Section 2, of the House Rules. The speaker sustained the point of order, announcing his decision to the house as follows:
Mr. Tinderholt raises a point of order against further consideration of the E. Morales of Maverick Amendment (Amendment No. 3) under Rule 11, Section 2, on the grounds that the amendment is not germane.
The joint resolution would legalize casino gambling and sports betting in Texas. It proposes a comprehensive scheme for the regulation of these forms of gambling, including the establishment of a Texas Gaming Commission to oversee license holders. It also authorizes the governor to conduct good-faith negotiations with any of Texas's three federally recognized Indian tribes for tribal-state compacts, which are required under Federal law to permit a tribe to conduct the Class III forms of gambling legalized by the proposed constitutional amendment.
Mr. Morales of Maverick's amendment would expressly allow the Kickapoo tribe to operate a Class III casino on owned or leased land within 300 miles of its reservation boundaries and allow the tribe and the secretary of state to regulate that casino.
The amendment seeks to compel an action the joint resolution requires to be negotiated. Further, the amendment seeks to create a new regulatory scheme that bears no resemblance to the proposed regulatory scheme.
While it is permissible to place limits on discretionary authority, see 8 Cannon § 3022, an amendment may not completely negate the discretion to be granted. Cf. 120 Cong. Rec. 5436 (1974) (limitations on discretionary authority are germane only if they further delineate the authority to be exercised). Additionally, any regulatory method proposed by an amendment must be closely aligned to that of the main measure, see 5 Hinds § 5909, which is not the case here. The major purpose of the amendment is to constitutionally impose a Class III compact between Texas and the Kickapoos for purposes of Federal law. The amendment is not germane.
Accordingly, the point of order is well-taken and sustained.
The ruling precluded further consideration of Amendment No. 3.
Amendment No. 4
Representative Gámez offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 5, strike lines 11-12 and substitute the following:
(5) one destination resort in:
(A) the McAllen-Edinburg-Mission metropolitan statistical area; or
(B) the Brownsville-Harlingen metropolitan statistical area; and
(2) On page 9, strike lines 11-21 and substitute the following:
(5) for a casino license in the McAllen-Edinburg-Mission or Brownsville-Harlingen metropolitan statistical area, the applicant must:
(A) commit to investing for new development of the destination resort an amount equal to at least $250 million, including land acquisition; and
(B) if the destination resort will be located in the McAllen-Edinburg-Mission metropolitan statistical area, be a racetrack association that on January 1, 2022, held a license to conduct racing in the McAllen-Edinburg-Mission metropolitan statistical area or be the person designated by the racetrack association under Subsection (f) of this section; and
(3) On page 13, line 12, strike "or".
(4) On page 13, strike line 13, and substitute ", McAllen-Edinburg-Mission, or Brownsville-Harlingen metropolitan statistical area."
Amendment No. 4 was adopted.
Amendment No. 5
Representative Bucy offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 5, strike lines 13-22 and substitute the following:
(6) one destination resort in the Austin-Round Rock-Georgetown metropolitan statistical area.
(2) On page 10, line 4, strike "Subsections (b)(1)-(5)" and substitute "Subsection (b)".
Amendment No. 5 was adopted.
Amendment No. 6
Representative Manuel offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) as follows:
(1) On page 5, line 12, strike "and".
(2) On page 5, line 22, between "constitution" and the underlined period insert the following:
; and
(7) one destination resort at a location for which the Texas Racing Association has issued or is considering issuing a racetrack license and at which the Texas Gaming Commission will authorize sports wagering or casino gaming
Amendment No. 6 was adopted.
Amendment No. 7
Representative Schaefer offered the following amendment to CSHJR 155:
Amend CSHJR 155 (house committee report) on page 10, between lines 18 and 19, in proposed Section 47a(j)(1), Article III, Texas Constitution, by inserting the following appropriately lettered paragraph in Subdivision (1) and relettering subsequent paragraphs of the subdivision and any cross-references to the paragraphs accordingly:
(____) prohibitions on the state's issuance of a casino gaming license to and on the possession of a state-issued casino gaming license by any person who also holds a gaming license or otherwise lawfully conducts gaming operations in China, Russia, Iran, or North Korea, including by conducting gaming operations in any territory or special administrative district, other than Taiwan, that is part of or under the control of any of those countries;
Amendment No. 7 - Point of Order
Representative M. González raised a point of order against further consideration of Amendment No. 7 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.
Amendment No. 8
Representative Geren offered the following amendment to Amendment No. 7:
Amend Amendment No. 7 by Schaefer to CSHJR 155 on page 1, line 10, between "in" and "China", by inserting "mainland".
A record vote was requested.
Amendment No. 8 was adopted by (Record 1441): 104 Yeas, 35 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Hernandez; Herrero; Holland; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Raney; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Talarico; Thierry; Thompson, S.; Tinderholt; Turner; VanDeaver; Walle; Wu; Zwiener.
Nays — Anderson; Bryant; Bumgarner; Cain; Capriglione; Craddick; Frank; Gates; Harrison; Hayes; Hinojosa; Isaac; Kitzman; Klick; Leo-Wilson; Morales, E.; Noble; Ordaz; Price; Ramos; Raymond; Rogers; Schaefer; Schatzline; Shaheen; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Toth; Troxclair; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Ashby; Hull; Jetton; Metcalf; Reynolds; Slawson; Vasut; Vo.
STATEMENTS OF VOTE
When Record No. 1441 was taken, I was in the house but away from my desk. I would have voted no.
Ashby
When Record No. 1441 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1441 was taken, I was shown voting no. I intended to vote yes.
Spiller
When Record No. 1441 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
A record vote was requested.
Amendment No. 7, as amended, was adopted by (Record 1442): 124 Yeas, 19 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; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Morrison; Muñoz; Murr; Neave Criado; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schatzline; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Walle; Wilson.
Nays — Anderson; Collier; González, J.; González, M.; Hinojosa; Manuel; Meza; Moody; Morales, C.; Morales, E.; Noble; Oliverson; Ramos; Rosenthal; Talarico; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Jetton; Morales Shaw; Ordaz; Schofield.
STATEMENTS OF VOTE
When Record No. 1442 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1442 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
CSHJR 155, as amended, was passed to engrossment by (Record 1443): 92 Yeas, 51 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Hernandez; Herrero; Holland; Howard; Hull; Hunter; Isaac; 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.; Lozano; Manuel; Meyer; Meza; Moody; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shine; Talarico; Thierry; Thimesch; Thompson, S.; Turner; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bonnen; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; DeAyala; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harrison; Hayes; Hefner; Hinojosa; Klick; Leo-Wilson; Lujan; Martinez; Martinez Fischer; Metcalf; Morales, C.; Morales, E.; Noble; Oliverson; Paul; Price; Ramos; Rogers; Schaefer; Schatzline; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson.
Present, not voting — Mr. Speaker(C); Morales Shaw.
Absent, Excused — Sherman.
Absent — González, J.; Jetton; Plesa.
STATEMENTS OF VOTE
When Record No. 1443 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1443 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 20).
HJR 102 ON SECOND READING
(by Leach, Meyer, Patterson, Moody, and Canales)
HJR 102, A joint resolution proposing a constitutional amendment authorizing the legislature to legalize wagering in this state on certain sporting events.
COMMITTEE MEETING ANNOUNCEMENT
At 5:54 p.m., the following committee meeting was announced:
General Investigating, 6 p.m. today, E2.012, for a formal meeting, to consider committee business.
LEAVES OF ABSENCE GRANTED
Pursuant to a previous motion, the following members were granted leaves of absence temporarily for today to attend a meeting 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.
HJR 102 - (consideration continued)
Amendment No. 1
Representative Leach offered the following amendment to HJR 102:
Amend HJR 102 (house committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. Section 47, Article III, Texas Constitution, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:
(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), (d-1), [and] (e), (f), and (g) of this section.
(f) The legislature by law may authorize and regulate the placing of wagers on sporting events. A law enacted under this subsection may authorize the conduct of sports wagering only by:
(1) a sports team, as defined by general law, in existence on January 1, 2023;
(2) a sports organization that held in this state before January 1, 2023, sanctioned annual professional golf tournaments as part of a national tour of professional golfers;
(3) a class 1 horse racetrack in operation on January 1, 2023;
(4) a racetrack that:
(A) existed and operated before January 1, 2000; and
(B) annually hosted National Association of Stock Car Auto Racing Cup Series events for at least 20 years preceding May 1, 2023; or
(5) a designee of an entity described by Subdivisions (1)-(4) of this subsection.
(g) A law enacted under Subsection (f) of this section must dedicate to property tax relief at least 98 percent of the net state tax revenue generated from wagering on sports events.
SECTION 2. 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 authorizing the legislature to legalize wagering in this state on certain sporting events and requiring the legislature to dedicate to property tax relief at least 98 percent of the net state tax revenue generated from the wagering on sporting events."
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).
REMARKS ORDERED PRINTED
Representative Cain moved to print remarks between Representative Patterson and Representative Holland on HR 1680.
The motion prevailed.
HJR 102 - (consideration continued)
Amendment No. 2
Representative Martinez Fischer offered the following amendment to Amendment No. 1:
Amend the Leach Amendment by striking proposed Subsection (g) and substituting the following:
(g) A law enacted under Subsection (f) of this section must dedicate to the general revenue fund to be deposited to the credit of the Texas Health Care Cost Relief Fund, an account established in the general revenue fund and managed by the Health and Human Services Commission at least 98 percent of the state tax revenue generated from wagering on sports events to provide financial relief to rural hospitals and counties in this state to assist in paying the costs associated with providing health care for uninsured residents of this state,.
A record vote was requested.
Amendment No. 2 failed of adoption by (Record 1444): 63 Yeas, 71 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bailes; Bernal; Bhojani; Bowers; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Darby; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, T.; Lalani; Lambert; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Reynolds; Romero; Rose; Rosenthal; Shaheen; Shine; Smithee; Talarico; Thompson, S.; Turner; Vo; Walle; Zwiener.
Nays — Allison; Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Cook; Cunningham; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; King, K.; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Noble; Oliverson; Orr; Patterson; Paul; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Slawson; Smith; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Thierry.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bucy; Davis; Guillen; Jones, V.; Kitzman; Moody; Wu.
STATEMENT OF VOTE
When Record No. 1444 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
A record vote was requested.
Amendment No. 1 was adopted by (Record 1445): 103 Yeas, 29 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, K.; Bernal; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Dean; Dutton; Flores; 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; Holland; Howard; Hull; Hunter; Isaac; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Talarico; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anderson; Ashby; Bryant; Capriglione; Craddick; DeAyala; Dorazio; Frank; Harrison; Hayes; Hinojosa; Kitzman; Klick; Leo-Wilson; Lujan; Morales, C.; Noble; Oliverson; Paul; Price; Schaefer; Schatzline; Shaheen; Slawson; Smithee; Stucky; Tepper; Thierry; Thompson, E.
Present, not voting — Mr. Speaker(C); Campos.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bell, C.; Bhojani; Bonnen; Davis; Jetton; Johnson, J.D.; Jones, V.; Manuel; Swanson.
STATEMENTS OF VOTE
When Record No. 1445 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1445 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1445 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1445 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1445 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1445 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
Amendment No. 3
Representative Harrison offered the following amendment to HJR 102:
Amend HJR 102 (house committee report) on page 1, lines 13-14, by striking "law, in existence on January 1, 2023;" and substituting "law;".
A record vote was requested.
Amendment No. 3 was adopted by (Record 1446): 113 Yeas, 17 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Ashby; Bailes; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Holland; Howard; Hull; Hunter; Isaac; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; 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, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shine; Smith; Smithee; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson.
Nays — Anchía; Anderson; Bryant; Capriglione; Collier; Frank; González, M.; Goodwin; Hinojosa; Morales, C.; Noble; Ramos; Shaheen; Slawson; Turner; Walle; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Geren; Johnson, A.; Longoria; Murr; Spiller.
Absent — Bell, C.; Bhojani; Canales; Davis; Flores; González, J.; Hernandez; Jetton; Johnson, J.D.; King, K.; Morrison; Wu.
STATEMENTS OF VOTE
When Record No. 1446 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1446 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1446 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1446 was taken, I was shown voting no. I intended to vote yes.
Walle
Amendment No. 4
Representative E. Morales offered the following amendment to HJR 102:
Amend HJR 102 (house committee report) as follows:
(1) On page 1, line 5, strike "Subsection (f)" and substitute "Subsections (f) and (g)".
(2) On page 1, between lines 21 and 22, insert the following:
(g) Any federally recognized Indian tribe with federal trust land in Texas that is subject to the Indian Gaming Regulatory Act (Pub. L. No. 100-497) may offer sports wagering, fantasy sports contests, and interactive wagering on acceptance by the tribe and approval by the Secretary of the Interior pursuant to 25 U.S.C. Section 2710(d) of an executed sports wagering agreement containing only the following provisions:
(1) a provision providing that the tribe may engage in sports wagering, fantasy sports contests, and interactive wagering;
(2) a provision providing that sports wagering, fantasy sports contests, and interactive wagering must be offered in compliance with rules adopted by the tribe that include, at a minimum, consumer protection provisions;
(3) a provision providing that sports wagering, fantasy sports contests, and interactive wagering must be regulated pursuant to an ordinance approved in accordance with 25 U.S.C. Section 2710;
(4) a provision providing that the conduct of the sports wagering, fantasy sports contests, and interactive wagering must comply with all applicable provisions of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) and the implementing regulations; and
(5) to the extent permitted by federal law, a provision providing that interactive wagering by patrons physically located in the state shall be deemed to occur where the wager is received and processed on the tribe's Indian lands.
Amendment No. 4 was withdrawn.
(Geren, A. Johnson, Longoria, Murr, and Spiller now present)
A record vote was requested.
HJR 102, as amended, was passed to engrossment by (Record 1447): 97 Yeas, 44 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Harrison; Hayes; Hernandez; Herrero; Holland; Howard; Hull; Hunter; Isaac; 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.; Lozano; Manuel; Martinez; Meyer; Meza; Moody; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Orr; Ortega; Patterson; Perez; Plesa; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Talarico; Thimesch; Thompson, S.; Tinderholt; Turner; VanDeaver; Vo; Walle; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; DeAyala; Dorazio; Frank; Gates; Harris, C.E.; Hefner; Klick; Leo-Wilson; Lujan; Martinez Fischer; Metcalf; Morales, C.; Morales, E.; Oliverson; Ordaz; Paul; Price; Ramos; Schaefer; Schatzline; Shaheen; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thompson, E.; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Davis; González, J.; Hinojosa; Jetton; Noble; Wu.
STATEMENTS OF VOTE
When Record No. 1447 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 1447 was taken, I was in the house but away from my desk. I would have voted no.
Hinojosa
When Record No. 1447 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1447 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1447 was taken, I was in the house but away from my desk. I would have voted no.
Noble
RECESS
At 6:24 p.m., the chair announced that the house would stand recessed until 7 p.m. today.
NIGHT SESSION
The house met at 7:19 p.m. and was called to order by the speaker.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).
HB 4918 - NOTICE GIVEN
At 7:21 p.m., pursuant to the provisions of Rule 7, Section 37(c), of the House Rules, Representative Cain gave notice that he would, in one hour, move to reconsider the vote by which HB 4918 failed to pass by Record No. 1421.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 1942 ON SECOND READING
(by Leach, Meyer, Patterson, Moody, Rose, et al.)
HB 1942, A bill to be entitled An Act relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
HB 1942 was read second time earlier today and was postponed until this time.
HB 1942 - POINT OF ORDER
Representative Shaheen raised a point of order against further consideration of HB 1942 under Rule 4, Section 32(c), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Amendment No. 1
Representative Leach offered the following amendment to HB 1942:
Amend HB 1942 (house committee report) on page 6 as follows:
(1) On line 7, strike "or".
(2) On line 8, between "racetrack" and the underlined period, insert the following:
that was in operation on January 1, 2023; or
(D) a racetrack that:
(i) existed and operated before January 1, 2000; and
(ii) annually hosted National Association of Stock Car Auto Racing Cup Series events for at least 20 years preceding May 1, 2023
(3) Strike line 22.
(4) On line 23, between "racetrack" and the underlined period, insert the following:
that was in operation on January 1, 2023; or
(C) a racetrack that:
(i) existed and operated before January 1, 2000; and
(ii) annually hosted National Association of Stock Car Auto Racing Cup Series events for at least 20 years preceding May 1, 2023
A record vote was requested.
Amendment No. 1 was adopted by (Record 1448): 98 Yeas, 30 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.J.; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lozano; Lujan; Manuel; Martinez; Meyer; Meza; Moody; Morales Shaw; Morrison; Muñoz; Murr; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Rose; Schofield; Shine; Smith; Smithee; Spiller; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Troxclair; Turner; Vo; Wu; Zwiener.
Nays — Anderson; Bonnen; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; Dorazio; Frank; Gates; Goodwin; Hayes; Hefner; Hinojosa; Isaac; Leo-Wilson; Metcalf; Morales, C.; Morales, E.; Noble; Price; Schaefer; Shaheen; Slawson; Stucky; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Geren; Harris, C.E.; Harrison; Hernandez; Herrero; King, T.; Longoria; Lopez, J.; Lopez, R.; Martinez Fischer; Neave Criado; Ordaz; Romero; Rosenthal; Schatzline; Thierry; Thompson, S.; VanDeaver; Walle.
STATEMENTS OF VOTE
When Record No. 1448 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1448 was taken, I was in the house but away from my desk. I would have voted yes.
Neave Criado
When Record No. 1448 was taken, I was in the house but away from my desk. I would have voted yes.
Romero
When Record No. 1448 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
Amendment No. 2
Representative Moody offered the following amendment to HB 1942:
Amend HB 1942 (house committee report) on page 5, line 25, between "event," and "or", by inserting "a reality television show, a television game show,".
Amendment No. 2 was withdrawn.
Amendment No. 3
Representative Goldman offered the following amendment to HB 1942:
Amend HB 1942 (house committee report) as follows:
(1) On page 6, line 18, between "Soccer," and "or", insert "National Lacrosse League,".
(2) On page 7, line 6, between "Soccer," and "or", insert "National Lacrosse League,".
A record vote was requested.
Amendment No. 3 was adopted by (Record 1449): 97 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; 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; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales Shaw; Morrison; Muñoz; Murr; Oliverson; Orr; Patterson; Paul; Perez; Plesa; Raney; Raymond; Rogers; Rose; Schofield; Shine; Smith; Smithee; Spiller; Talarico; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Vo; Walle; Zwiener.
Nays — Anderson; Ashby; Bonnen; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; Dorazio; Frank; Gates; Gerdes; Hayes; Hefner; Isaac; Klick; Lambert; Leo-Wilson; Lujan; Morales, C.; Morales, E.; Noble; Ordaz; Price; Ramos; Schaefer; Shaheen; Slawson; Stucky; Swanson; Tepper; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Anchía; Davis; Harrison; Manuel; Neave Criado; Ortega; Reynolds; Romero; Rosenthal; Schatzline; Thierry; Turner; Wu.
STATEMENTS OF VOTE
When Record No. 1449 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1449 was taken, I was in the house but away from my desk. I would have voted yes.
Neave Criado
When Record No. 1449 was taken, I was in the house but away from my desk. I would have voted yes.
Romero
When Record No. 1449 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
Amendment No. 4
Representative Turner offered the following amendment to HB 1942:
Amend HB 1942 (house committee report) as follows:
(1) On page 15, line 4, strike "$500,000" and substitute "$2 million".
(2) On page 19, line 17, strike "$100,000" and substitute "$400,000".
(3) On page 31, line 15, strike ", excluding wagers placed using free bets or promotional credits,".
(4) On page 32, between lines 14 and 15, insert the following:
(d) Notwithstanding Subsection (a), an interactive sports wagering operator may, before the first anniversary of the date the operator is initially issued a interactive sports wagering permit under this chapter, exclude wagers placed using free bets or promotional credits from the computation of the operator's adjusted gross wagering revenue for a reporting period.
(5) On page 32, line 16, strike "10" and substitute "15".
A record vote was requested.
Amendment No. 4 was adopted by (Record 1450): 99 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; 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, R.; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales Shaw; Muñoz; Murr; Orr; Ortega; Patterson; Perez; Plesa; Ramos; Raymond; Reynolds; Rogers; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bonnen; Burns; Burrows; Cain; Capriglione; Craddick; Dorazio; Frank; Gates; Gerdes; Harless; Harrison; Hayes; Hefner; Isaac; Klick; Leo-Wilson; Lujan; Metcalf; Morales, E.; Morrison; Noble; Oliverson; Ordaz; Paul; Price; Raney; Schaefer; Schatzline; Shaheen; Slawson; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Lopez, J.; Manuel; Morales, C.; Neave Criado; Romero; Thierry.
STATEMENTS OF VOTE
When Record No. 1450 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1450 was taken, my vote failed to register. I would have voted yes.
Manuel
When Record No. 1450 was taken, I was in the house but away from my desk. I would have voted yes.
Neave Criado
When Record No. 1450 was taken, I was in the house but away from my desk. I would have voted yes.
Romero
Amendment No. 5
Representative S. Thompson offered the following amendment to HB 1942:
Amend HB 1942 (house committee report) on page 35, between lines 21 and 22, by inserting the following:
Sec. 2005.261. ALLOCATION OF TAX REVENUE TO CERTAIN POLITICAL SUBDIVISIONS. (a) A political subdivision, including a venue district created under Chapter 335, Local Government Code, may establish an account for receipt of net revenue under this section if the political subdivision issued bonds or other obligations to finance all or a portion of the construction costs of a publicly owned sports facility.
(b) Notwithstanding Section 2005.258, if an interactive sports wagering operator or the operator's sports entity designee leases a publicly owned sports facility financed, wholly or partly, by a political subdivision that establishes an account under Subsection (a), 1.75 percent of the net revenue from the tax imposed under this subchapter and collected from the interactive sports wagering operator that would otherwise be deposited under Section 2005.258(2) shall be deposited into the political subdivision's account.
(c) Net revenue deposited into a political subdivision's account under Subsection (b) may be used only to pay or finance the costs of capital improvements to the publicly owned sports facility.
(d) If the publicly owned sports facility is an approved venue project under Chapter 334 or 335, Local Government Code, net tax revenue deposited into the political subdivision's account under Subsection (b) is a method of financing authorized by Chapter 334 or 335, Local Government Code, for purposes of the applicable chapter without any additional election required under the applicable chapter.
Amendment No. 5 was withdrawn.
A record vote was requested.
HB 1942, as amended, was passed to engrossment by (Record 1451): 84 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Bailes; Bernal; Bhojani; Bowers; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; 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; Lozano; Manuel; Martinez; Meyer; Meza; Moody; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Orr; Ortega; Patterson; Perez; Plesa; Raney; Raymond; Reynolds; Rose; Schofield; Smith; Talarico; Thompson, S.; Tinderholt; Turner; Vo; Walle; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Bryant; Buckley; Burns; Burrows; Cain; Capriglione; Craddick; DeAyala; Dorazio; Frank; Gates; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Isaac; Klick; Leo-Wilson; Lopez, R.; Lujan; Martinez Fischer; Metcalf; Morales, C.; Morales, E.; Noble; Oliverson; Ordaz; Paul; Price; Ramos; Rogers; Schaefer; Schatzline; Shaheen; Shine; Slawson; Smithee; Spiller; Stucky; Tepper; Thimesch; Thompson, E.; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Anchía; Cole; Hefner; Hernandez; Longoria; Lopez, J.; Romero; Rosenthal; Swanson; Thierry; Wu.
STATEMENTS OF VOTE
When Record No. 1451 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1451 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1451 was taken, I was shown voting no. I intended to vote yes.
C. Morales
When Record No. 1451 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
CSHB 2843 ON SECOND READING
(by Kuempel and Rose)
CSHB 2843, A bill to be entitled An Act relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.
CSHB 2843 was read second time earlier today and was postponed until this time.
Representative Kuempel requested unanimous consent to postpone consideration of CSHB 2843 until tomorrow immediately following third reading consideration of HJR 102.
The request was granted.
CONSTITUTIONAL AMENDMENTS CALENDAR
(consideration continued)
HJR 134 ON SECOND READING
(by Bonnen, Cain, Burrows, Canales, Garcia, et al.)
HJR 134, A joint resolution proposing a constitutional amendment to abolish the office of county treasurer of Galveston County.
HJR 134 was adopted by (Record 1452): 106 Yeas, 32 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Johnson, J.D.; Johnson, J.E.; King, K.; Klick; Kuempel; Lalani; Landgraf; Leach; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Moody; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ortega; Patterson; Paul; Perez; Plesa; Raney; Raymond; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu.
Nays — Bailes; Bell, C.; Bryant; Craddick; Darby; Davis; Flores; González, J.; Goodwin; Harrison; Jones, J.; Jones, V.; Kacal; Kitzman; Lambert; Lopez, R.; Martinez Fischer; Meza; Morales, C.; Morales, E.; Ordaz; Price; Ramos; Reynolds; Rogers; Rose; Shine; Smith; Smithee; Spiller; Vasut; Zwiener.
Present, not voting — Mr. Speaker(C); Hernandez; Leo-Wilson.
Absent, Excused — Sherman.
Absent — Ashby; Gámez; Jetton; Johnson, A.; King, T.; Orr; Thierry.
STATEMENTS OF VOTE
When Record No. 1452 was taken, I was in the house but away from my desk. I would have voted no.
Ashby
When Record No. 1452 was taken, I was shown voting yes. I intended to vote no.
Collier
When Record No. 1452 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1452 was taken, I was shown voting yes. I intended to vote no.
Manuel
When Record No. 1452 was taken, I was shown voting yes. I intended to vote no.
Murr
When Record No. 1452 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
When Record No. 1452 was taken, I was shown voting yes. I intended to vote no.
Toth
HJR 146 ON SECOND READING
(by Capriglione, Leo-Wilson, and Gerdes)
HJR 146, A joint resolution proposing a constitutional amendment relating to the right to own, hold, and use a mutually agreed upon medium of exchange.
HJR 146 was adopted by (Record 1453): 139 Yeas, 2 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; 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.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; 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; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — Jones, J.; Meza.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Anderson; Canales; Frazier; Morales Shaw; Orr; Walle.
STATEMENTS OF VOTE
When Record No. 1453 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1453 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1453 was taken, I was shown voting no. I intended to vote yes.
J. Jones
When Record No. 1453 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1453 was taken, I was shown voting yes. I intended to vote no.
Plesa
When Record No. 1453 was taken, I was shown voting yes. I intended to vote no.
Ramos
HJR 172 ON SECOND READING
(by Cook)
HJR 172, A joint resolution proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.
HJR 172 was adopted by (Record 1454): 130 Yeas, 13 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; 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.; Harrison; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; 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; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schatzline; Shaheen; Shine; Smith; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bumgarner; Canales; Harris, C.J.; Hefner; Schaefer; Schofield; Slawson; Smithee; Swanson; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C); Jones, J.
Absent, Excused — Sherman.
Absent — Dean; Rosenthal; Thierry.
STATEMENTS OF VOTE
When Record No. 1454 was taken, I was in the house but away from my desk. I would have voted no.
Dean
When Record No. 1454 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1454 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
When Record No. 1454 was taken, I was shown voting no. I intended to vote yes.
Toth
When Record No. 1454 was taken, I was shown voting no. I intended to vote yes.
Wilson
CSHJR 25 ON SECOND READING
(by Zwiener)
CSHJR 25, A joint resolution proposing a 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.
Representative Zwiener moved to postpone consideration of CSHJR 25 until 10 a.m. tomorrow.
The motion prevailed.
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 4217 ON SECOND READING
(by Troxclair)
CSHB 4217, A bill to be entitled An Act relating to the powers of certain public utility agencies; granting the power of eminent domain.
CSHB 4217 was passed to engrossment.
SB 1319 ON SECOND READING
(Turner, Lujan, Harless, and Goodwin - House Sponsors)
SB 1319, A bill to be entitled An Act relating to the reporting of certain overdose information and the mapping of overdoses for public safety purposes.
SB 1319 was considered in lieu of HB 3480.
A record vote was requested.
SB 1319 was passed to third reading by (Record 1455): 118 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; Vasut; Vo; Wu; Zwiener.
Nays — Ashby; Bumgarner; Clardy; Cook; Dean; DeAyala; Hefner; Hull; Leach; Metcalf; Morales, C.; Noble; Price; Schaefer; Schatzline; Shaheen; Slawson; Swanson; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bonnen; Buckley; Gerdes; Harris, C.J.; Lujan; Orr; VanDeaver; Walle.
STATEMENTS OF VOTE
When Record No. 1455 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1455 was taken, I was shown voting yes. I intended to vote no.
Cain
When Record No. 1455 was taken, I was shown voting no. I intended to vote yes.
Cook
When Record No. 1455 was taken, my vote failed to register. I would have voted yes.
Gerdes
When Record No. 1455 was taken, I was in the house but away from my desk. I would have voted no.
C.J. Harris
When Record No. 1455 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1455 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1455 was taken, I was in the house but away from my desk. I would have voted yes.
Lujan
When Record No. 1455 was taken, I was shown voting yes. I intended to vote no.
Vasut
HB 3480 - LAID ON THE TABLE SUBJECT TO CALL
Representative Turner moved to lay HB 3480 on the table subject to call.
The motion prevailed.
SB 1650 ON SECOND READING
(Smithee - House Sponsor)
SB 1650, A bill to be entitled An Act relating to durable powers of attorney and the construction of certain powers conferred in those durable powers of attorney.
SB 1650 was considered in lieu of HB 3562.
SB 1650 was passed to third reading.
HB 3562 - LAID ON THE TABLE SUBJECT TO CALL
Representative Smithee moved to lay HB 3562 on the table subject to call.
The motion prevailed.
HB 2647 ON SECOND READING
(by Sherman, Talarico, Bhojani, Buckley, VanDeaver, et al.)
HB 2647, A bill to be entitled An Act relating to allowing the board of trustees of certain school districts to create a nonvoting student trustee position on the board.
HB 2647 was passed to engrossment.
SB 888 ON SECOND READING
(Frank - House Sponsor)
SB 888, A bill to be entitled An Act relating to fire escape exemptions for certain courthouses.
SB 888 was considered in lieu of HB 717.
SB 888 was passed to third reading.
HB 717 - LAID ON THE TABLE SUBJECT TO CALL
Representative Frank moved to lay HB 717 on the table subject to call.
The motion prevailed.
CSHB 1613 ON SECOND READING
(by Shine, Martinez Fischer, Kuempel, Ordaz, Slawson, et al.)
CSHB 1613, A bill to be entitled An Act relating to the provision of state aid to certain local governments to offset the cost of the exemption from ad valorem taxation of the residence homestead of a 100 percent or totally disabled veteran.
A record vote was requested.
CSHB 1613 was passed to engrossment by (Record 1456): 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; 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.; 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; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Hefner; Oliverson; Schaefer; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Harris, C.J.; Martinez Fischer; Vasut.
STATEMENTS OF VOTE
When Record No. 1456 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1456 was taken, I was shown voting no. I intended to vote yes.
Hefner
When Record No. 1456 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1456 was taken, my vote failed to register. I would have voted yes.
Vasut
When Record No. 1456 was taken, I was shown voting no. I intended to vote yes.
Wilson
CSHB 3757 ON SECOND READING
(by Wilson, Raymond, et al.)
CSHB 3757, A bill to be entitled An Act relating to the authority of a taxing unit other than a school district, county, municipality, or junior college district to establish a limitation on the amount of ad valorem taxes that the taxing unit may impose on the residence homesteads of certain low-income individuals who are disabled or elderly and their surviving spouses.
Amendment No. 1
Representative Wilson offered the following amendment to CSHB 3757:
Amend CSHB 3757 (house committee report) as follows:
(1) On page 1, line 12, strike "LOW-INCOME".
(2) On page 1, strike lines 14 through 16 and substitute the following:
(1) "Eligible individual" means an individual who meets any income eligibility requirements for a limitation on tax increases provided by this section prescribed by the qualifying taxing unit that established the limitation. If the qualifying taxing unit does not prescribe income eligibility requirements for the limitation on tax increases provided by this section, an eligible individual is any individual who is otherwise eligible for the limitation provided by this section.
(3) On page 2, between lines 2 and 3, insert the following appropriately lettered subsection and reletter subsequent subsections and cross-references to those subsections accordingly:
(____) The governing body of a qualifying taxing unit that establishes a limitation on tax increases provided by this section may elect to provide the limitation to all individuals who are disabled or are 65 years of age or older or to provide the limitation only to those individuals who are disabled or are 65 years of age or older and who meet certain income eligibility requirements established by the governing body. If the governing body establishes income eligibility requirements for the limitation on tax increases provided by this section, those requirements must be based on an individual having a household income that does not exceed 200 percent of the federal poverty level. For purposes of income eligibility requirements established under this subsection, if an individual's household income was initially determined using only the income of the individual and the individual's spouse, on the death of the individual or the individual's spouse, the surviving spouse's household income must be calculated as though two persons still reside in the household.
(4) On page 11, line 26, strike "certain low-income".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Darby offered the following amendment to CSHB 3757:
Amend CSHB 3757 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 31.01, Tax Code, is amended by adding Subsection (m) to read as follows:
(m) The tax bill must include the appraisal district's account number for the property.
Amendment No. 2 was adopted.
A record vote was requested.
CSHB 3757, as amended, was passed to engrossment by (Record 1457): 132 Yeas, 12 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; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Smith; Smithee; Swanson; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Dean; Hayes; Hefner; Holland; Leo-Wilson; Schaefer; Slawson; Spiller; Stucky; Tepper; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Geren; King, T.; Lozano.
STATEMENTS OF VOTE
When Record No. 1457 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1457 was taken, I was shown voting no. I intended to vote yes.
Hefner
When Record No. 1457 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1457 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1457 was taken, I was shown voting yes. I intended to vote no.
Schatzline
CSHB 118 ON SECOND READING
(by Cortez, et al.)
CSHB 118, A bill to be entitled An Act relating to health benefit plan coverage for certain tests to detect prostate cancer.
A record vote was requested.
CSHB 118 was passed to engrossment by (Record 1458): 102 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dean; Flores; Frank; Gámez; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smithee; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bumgarner; Cain; Cook; Craddick; DeAyala; Dorazio; Frazier; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Holland; Hull; Isaac; Leo-Wilson; Metcalf; Noble; Patterson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Dutton; Garcia; Gates; Hefner; Klick; Lozano; Morrison; Raney.
STATEMENTS OF VOTE
When Record No. 1458 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1458 was taken, I was in the house but away from my desk. I would have voted yes.
Garcia
When Record No. 1458 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 1458 was taken, my vote failed to register. I would have voted no.
Hefner
When Record No. 1458 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1458 was taken, I was shown voting yes. I intended to vote no.
E. Thompson
CSHB 4837 ON SECOND READING
(by R. Lopez and Garcia)
CSHB 4837, A bill to be entitled An Act relating to a veteran housing program established by the Texas Department of Criminal Justice.
Amendment No. 1
Representative R. Lopez offered the following amendment to CSHB 4837:
Amend CSHB 4837 (house committee printing) as follows:
(1) On page 1, line 8, strike "of" and substitute "who served not less than 180 days on active duty in".
(2) On page 1, line 9, between "forces" and the underlined period, insert "and were honorably discharged".
(3) On page 1, line 9, between "forces." and "The", insert "(b)" and reletter the subsections and cross-references to those subsections accordingly.
(3) On page 1, line 13, strike "veteran status" and substitute "eligibility".
(4) On page 1, lines 15-16, strike "whose veteran status is verified" and substitute "who is a veteran described by Subsection (a)".
(5) On page 2, line 3, between "veterans" and the underlined period, insert "described by Subsection (a)".
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 4837, as amended, was passed to engrossment by (Record 1459): 110 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Lalani; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shaheen; Shine; Smithee; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Burns; Cain; Craddick; Dean; Gates; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Klick; Kuempel; Landgraf; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Orr; Paul; Price; Schaefer; Schatzline; Schofield; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
STATEMENTS OF VOTE
When Record No. 1459 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1459 was taken, I was shown voting yes. I intended to vote no.
Isaac
CSHB 1338 ON SECOND READING
(by Raney)
CSHB 1338, A bill to be entitled An Act relating to the participation of community-based organizations in workforce training programs funded by the skills development fund.
CSHB 1338 was passed to engrossment.
HB 940 ON SECOND READING
(by Dutton)
HB 940, A bill to be entitled An Act relating to the establishment of the private child care task force.
Amendment No. 1
Representative Dutton offered the following amendment to HB 940:
Amend HB 940 (house committee report) as follows:
(1) On page 1, strike lines 6-9 and substitute the following:
(b) The private child care task force is established to study private child care providers in this state and methods to:
(1) reduce the amounts charged for high-quality child care provided by private child care providers;
(2) increase the availability of high-quality child care provided by private child care providers;
(3) address issues with wait lists for scholarships to receive high-quality child care; and
(4) increase the number of families who are able to receive high-quality child care.
(2) On page 2, strike lines 10 through 15 and substitute the following:
(h) The task force shall conduct a study to examine:
(1) the amounts charged for high-quality child care provided by private child care providers;
(2) the availability of high-quality child care provided by private child care providers;
(3) wait lists for scholarships to receive high-quality child care;
(4) methods to reduce the cost to families and increase the availability of high-quality child care;
(5) strategies to increase the number of prekindergarten partnerships between independent school districts and high-quality child care programs; and
(6) methods to strengthen the child care industry.
(i) The task force may request relevant information from the Health and Human Services Commission, the Texas Workforce Commission, and the Texas Education Agency, and the entity receiving the request shall comply with the request.
(3) On page 2, line 16, strike "(i)" and substitute "(j)".
(4) On page 2, line 17, between "of" and "child", insert "high-quality".
(5) On page 2, line 18, between "providers" and the period, insert "and of prekindergarten partnerships".
(6) On page 2, line 19, strike "(j)" and substitute "(k)".
(7) On page 2, line 24, strike "(k)" and substitute "(l)".
Amendment No. 1 was adopted.
A record vote was requested.
HB 940, as amended, was passed to engrossment by (Record 1460): 87 Yeas, 60 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Button; Campos; Canales; Capriglione; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frank; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smithee; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bumgarner; Burns; Burrows; Cain; Clardy; Cook; Craddick; Dean; DeAyala; Dorazio; Frazier; Gates; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Klick; Landgraf; Leach; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
STATEMENT OF VOTE
When Record No. 1460 was taken, I was shown voting yes. I intended to vote no.
Kuempel
HB 322 ON SECOND READING
(by Cortez)
HB 322, A bill to be entitled An Act relating to certain evidentiary presumptions and burdens of proof in determining a defendant's incompetency to stand trial or a defendant's insanity in a criminal case.
Amendment No. 1
Representative Cortez offered the following amendment to HB 322:
Amend HB 322 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act may be cited as the Kishana Mitchell Act.
Amendment No. 1 was adopted.
A record vote was requested.
HB 322, as amended, was passed to engrossment by (Record 1461): 75 Yeas, 63 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, C.; Bell, K.; Bhojani; Bowers; Buckley; Bucy; Burns; Cain; Campos; Capriglione; Clardy; Cole; Cook; Cortez; Darby; DeAyala; Dorazio; Frank; Frazier; Garcia; Gervin-Hawkins; González, J.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Holland; Isaac; Jetton; Kitzman; Klick; Lambert; Landgraf; Lozano; Lujan; Meyer; Morales, E.; Morales Shaw; Muñoz; Murr; Noble; Ordaz; Orr; Paul; Ramos; Raney; Raymond; Romero; Rose; Rosenthal; Schatzline; Schofield; Shine; Spiller; Stucky; Talarico; Tepper; Thierry; Thompson, E.; Toth; Troxclair; Turner; Vasut; Walle; Wilson.
Nays — Ashby; Bailes; Bonnen; Bryant; Bumgarner; Burrows; Button; Canales; Collier; Craddick; Cunningham; Davis; Dean; Dutton; Flores; Gámez; Gates; Gerdes; Geren; Goldman; González, M.; Goodwin; Hinojosa; Howard; Hull; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Lalani; Leach; Leo-Wilson; Longoria; Manuel; Martinez; Metcalf; Meza; Moody; Morales, C.; Neave Criado; Oliverson; Patterson; Perez; Plesa; Price; Reynolds; Rogers; Schaefer; Shaheen; Slawson; Smith; Smithee; Swanson; Thimesch; Thompson, S.; Tinderholt; VanDeaver; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bernal; Hunter; King, K.; Kuempel; Lopez, J.; Lopez, R.; Martinez Fischer; Morrison; Ortega.
STATEMENTS OF VOTE
When Record No. 1461 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1461 was taken, I was in the house but away from my desk. I would have voted yes.
Hunter
When Record No. 1461 was taken, I was shown voting no. I intended to vote yes.
J. Jones
When Record No. 1461 was taken, I was in the house but away from my desk. I would have voted no.
Kuempel
When Record No. 1461 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1461 was taken, I was shown voting no. I intended to vote yes.
Plesa
COMMITTEE GRANTED PERMISSION TO MEET
Representative Landgraf requested permission for the Committee on Environmental Regulation to meet while the house is in session, at 9 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 8:29 p.m., the following committee meeting was announced:
Environmental Regulation, 9 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
SB 68 ON SECOND READING
(Murr and Talarico - House Sponsors)
SB 68, A bill to be entitled An Act relating to excused absences from public school for certain students to visit a professional's workplace for a career investigation day.
SB 68 was considered in lieu of HB 131.
SB 68 was passed to third reading.
HB 131 - LAID ON THE TABLE SUBJECT TO CALL
Representative Murr moved to lay HB 131 on the table subject to call.
The motion prevailed.
CSHB 2726 ON SECOND READING
(by Klick)
CSHB 2726, A bill to be entitled An Act relating to the practice of nursing, including disciplinary procedures of the Texas Board of Nursing; authorizing a fee.
CSHB 2726 was passed to engrossment.
CSHB 997 ON SECOND READING
(by Muñoz)
CSHB 997, A bill to be entitled An Act relating to the authority of a municipality to prohibit police or fire department employees from circulating or signing certain employment petitions.
CSHB 997 was passed to engrossment.
CSSB 1499 ON SECOND READING
(Canales and E. Morales - House Sponsors)
CSSB 1499, A bill to be entitled An Act relating to the funding of certain port projects.
CSSB 1499 was considered in lieu of HB 2605.
CSSB 1499 was passed to third reading.
HB 2605 - LAID ON THE TABLE SUBJECT TO CALL
Representative Canales moved to lay HB 2605 on the table subject to call.
The motion prevailed.
HB 1678 ON SECOND READING
(by Jetton)
HB 1678, A bill to be entitled An Act relating to a local remote learning program offered by a public school for certain students at risk of dropping out of school.
HB 1678 was passed to engrossment.
HB 993 ON SECOND READING
(by Muñoz and Frazier)
HB 993, A bill to be entitled An Act relating to sheriff's department civil service systems in certain counties.
A record vote was requested.
HB 993 was passed to engrossment by (Record 1462): 79 Yeas, 64 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burrows; Campos; Canales; Collier; Cortez; Davis; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; Lalani; Lambert; Longoria; 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; Patterson; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shaheen; Shine; Stucky; Talarico; Tepper; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bumgarner; Burns; Button; Cain; Capriglione; Clardy; Cole; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Flores; Gates; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Holland; Hull; Isaac; Jetton; King, T.; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Oliverson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Slawson; Smith; Smithee; Spiller; Swanson; Thimesch; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Goldman; Hunter; Jones, V.; Troxclair.
STATEMENTS OF VOTE
When Record No. 1462 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1462 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1462 was taken, I was shown voting yes. I intended to vote no.
Kacal
When Record No. 1462 was taken, I was shown voting yes. I intended to vote no.
Patterson
CSHB 503 ON SECOND READING
(by Wu, Moody, and Garcia)
CSHB 503, A bill to be entitled An Act relating to the jurisdiction of a juvenile court over certain persons and to the sealing and nondisclosure of certain juvenile records.
Amendment No. 1
Representative Wu offered the following amendment to CSHB 503:
Amend CSHB 503 (house committee printing) by striking SECTION 1 of the bill (page 1, line 6, through page 2, line 1) and renumbering subsequent SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 503, as amended, failed to pass to engrossment by (Record 1463): 65 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bucy; Campos; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Lalani; Longoria; 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; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kacal; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Bryant.
STATEMENTS OF VOTE
When Record No. 1463 was taken, I was shown voting no. I intended to vote yes.
Bowers
When Record No. 1463 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1463 was taken, I was shown voting yes. I intended to vote no.
Hunter
REQUEST TO GRANT COMMITTEE PERMISSION TO MEET
Representative Buckley requested permission for the Committee on Public Education to meet while the house is in session, at 9:15 p.m. today, in E2.036, to consider pending, referred, and committee business.
PERMISSION TO MEET REMARKS
REPRESENTATIVE BAILES: Chairman Buckley, I know we gave a long speech about how we handle bills about decorum in the body on the Herrero Amendment and such. You plainly stated that when we have bills, especially those that are very substantial, that it's important that we give those thoughtful consideration and that we have proper time for deliberation for full transparency to the body. Is your intention to bring a bill in a sizable committee substitute, somewhere to the tune of 80 pages?
REPRESENTATIVE BUCKLEY: We're going to take up pending business in the committee, if the house grants permission.
BAILES: Is an 80-page substitution part of your intention?
BUCKLEY: There is a bill that is comprised of multiple subjects that we've had hearings on over the last several weeks—including 16 hours on one subject alone.
BAILES: I'm very aware. I was able to listen to that actual testimony. Of that 80-page bill that you have, that committee substitute, starting on page 50—are you aware of what the top line of page 50 actually states?
BUCKLEY: I don't have the bill in front of me, and I don't think that's an appropriate question.
BAILES: I'll help you read that. It's Article 3, Education Savings Account Program. Is it your intention to bring this bill forward as a vehicle to bypass the hearing process—to present this as a committee substitute and then force the body to take a vote on that without the same transparency that you have demanded that this body give to other bills?
BUCKLEY: The component of that section was heard, discussed, and had witness testimony for 16 hours—April 11.
BAILES: Last I checked, you had several bills that actually dealt with education savings account vouchers. What is the status of those bills? Have you voted any of those bills out of your committee to be deliberated on the floor?
BUCKLEY: Those bills are still pending in committee.
BAILES: You have chosen not to give any of those bills an actual vote and vote those out. However, you're trying to bring an 80-page substitution to this body and force a vote without that thoughtful deliberation, that transparency, and that same committee hearing for public input that you have so deliberately requested on future bills?
BUCKLEY: We have heard the subject matter for 16 hours on April 11. And to include 80 additional hours of testimony on many of the subjects covered in the committee substitute, that could be––
BAILES: If we heard testimony on those bills, then you should be able to vote those bills out. Are any of these bills in their entirety here? Or have you actually picked and chosen the particular language that you want brought together when there's been no collective hearing on a bill which would be the same as the 80 pages you are asking this body to vote on?
BUCKLEY: The committee will take up the committee substitute if the house grants permission for us to meet this evening.
BAILES: Members of this body, if we stand for anything, it is for doing what is right. We give bills the opportunity to be heard in committee. We give the public an opportunity to give their input. We're able to have that conversation. We're able to know what their feelings are and what their thoughts are. There were extensive hearings that the Education Committee heard to handle such bills as ESAs—education savings accounts, also known as vouchers. The committee chose not to give any of those bills a vote because there were problems with those bills. The numbers, quite simply, didn't add up. So we have a motion now to force this body to accept—this is the 80 pages. This is the 80 pages, and I plainly asked, is it the chairman's intention to force these 80 pages which are unvetted and unheard in committee? This is not the right way to do this and we are better than this in this committee. Our kids matter in the State of Texas. They are better than backroom, shady dealings—which is what this is right here.
REPRESENTATIVE CANALES: So I'm not part of the committee, but I want to ask you a question. I'm trying to understand what exactly is transpiring here. The permission to meet for the Committee on Public Education to consider this bill, and this bill is 80 pages different than the original bill?
BAILES: Correct.
CANALES: And the bill with that hearing was held—is there going to be an actual hearing with witnesses on this bill?
BAILES: There is no intention to have a hearing. If there was a hearing, then I think as a body and as a chairman, I will never stand in the way of transparency and the ability to have a hearing and let the public be heard. That is not the intention of this motion.
CANALES: You're not asking that this bill not be heard, you're asking that a hearing be held so that witnesses can actually come forward and testify and actually comment on the compilation of what's now before you?
BAILES: That is correct. I have no objection whatsoever to this bill being heard.
REMARKS ORDERED PRINTED
Representative Canales moved to print all remarks on the request to grant the Committee on Public Education permission to meet.
The motion prevailed.
A record vote was requested.
Permission to meet was refused by (Record 1464): 65 Yeas, 76 Nays, 1 Present, not voting.
Yeas — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Capriglione; Cook; Cunningham; Darby; Dorazio; Frank; Gates; Goldman; Guillen; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kitzman; Klick; Landgraf; Leach; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Raymond; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Clardy; Cole; Collier; Cortez; Craddick; Davis; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; González, J.; González, M.; Goodwin; Guerra; Harless; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raney; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thimesch; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Cain; Canales; Geren; Gervin-Hawkins; Leo-Wilson; Morrison.
STATEMENTS OF VOTE
When Record No. 1464 was taken, my machine malfunctioned and my vote failed to register. I would have voted yes.
Cain
When Record No. 1464 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1464 was taken, I was shown voting no. I intended to vote yes.
DeAyala
When Record No. 1464 was taken, I was in the house but away from my desk. I would have voted yes.
Leo-Wilson
When Record No. 1464 was taken, I was shown voting no. I intended to vote yes.
Longoria
When Record No. 1464 was taken, I was shown voting no. I intended to vote yes.
Thierry
When Record No. 1464 was taken, I was shown voting yes. I intended to vote no.
S. Thompson
HB 463 ON SECOND READING
(by Hull and Noble)
HB 463, A bill to be entitled An Act relating to medical examinations for certain children entering the conservatorship of the Department of Family and Protective Services.
Representative Hull moved to postpone consideration of HB 463 until 10 a.m. Thursday, June 1.
HB 463 - REMARKS
REPRESENTATIVE HULL: I move to postpone further consideration of HB 463 until June 1, 2023, and I'd like to take a moment to briefly explain why. This bill was attempting to clarify existing law regarding medical exams for children removed by DFPS. For six years, DFPS decided to misinterpret this law. Commissioner Muth said, after reviewing current law and the legislative history, that the department's implementation was not consistent with existing law and they would change their processes to align with current law, which is currently underway and will be effective September 1.
Thank you to Chair Klick and Chair Frank for your leadership and work on this for the past six years. It is frustrating when we pass laws here and agencies do not implement those with fidelity. Thank you to Commissioner Muth for her leadership, and DFPS for their willingness to make sure the agency is faithfully implementing state law without the need for additional legislation.
The motion prevailed.
REMARKS ORDERED PRINTED
Representative Frank moved to print remarks by Representative Hull on HB 463.
The motion prevailed.
CSHB 1282 ON SECOND READING
(by Plesa, DeAyala, R. Lopez, Romero, Garcia, et al.)
CSHB 1282, A bill to be entitled An Act relating to county jailer training on interacting with veterans in the criminal justice system.
A record vote was requested.
CSHB 1282 was passed to engrossment by (Record 1465): 74 Yeas, 68 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Davis; Dorazio; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; 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; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Cain; Capriglione; Cook; Craddick; Darby; Dean; DeAyala; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Oliverson; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Guerra; Herrero; Hunter; Manuel; Schatzline.
STATEMENTS OF VOTE
When Record No. 1465 was taken, I was shown voting yes. I intended to vote no.
Button
When Record No. 1465 was taken, I was shown voting no. I intended to vote yes.
DeAyala
When Record No. 1465 was taken, I was shown voting no. I intended to vote yes.
Frazier
When Record No. 1465 was taken, I was in the house but away from my desk. I would have voted yes.
Guerra
When Record No. 1465 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 1465 was taken, I was in the house but away from my desk. I would have voted yes.
Hunter
When Record No. 1465 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1465 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1465 was taken, I was shown voting no. I intended to vote yes.
Smith
CSHB 1487 ON SECOND READING
(by Gerdes, Bailes, Kitzman, Holland, Murr, et al.)
CSHB 1487, A bill to be entitled An Act relating to the creation of a rural county law enforcement grant program.
Amendment No. 1
Representatives Murr, Bailes, and Cook offered the following amendment to CSHB 1487:
Amend CSHB 1487 (house committee report) as follows:
(1) On page 1, strike lines 8 through 10 and substitute the following:
Sec. 403.571. DEFINITION. In this subchapter, "rural county law enforcement agency" means any of the following if located in a county with a population of 275,000 or less:
(1) a sheriff's office;
(2) a constable's office;
(3) a district attorney's office;
(4) a criminal district attorney's office; or
(5) a county attorney's office with criminal prosecution duties.
(2) On page 1, between lines 19 and 20, insert the following appropriately numbered subdivision and renumber subsequent subdivisions and cross-references to those subdivisions accordingly:
(____) the salaries of assistant prosecuting attorneys, investigators, victim assistance coordinators, or office support staff, including the hiring of additional attorneys, investigators, coordinators, and office support staff;
(3) On page 2, strike lines 4 through 14 and substitute the following:
Sec. 403.573. AMOUNT OF GRANTS. (a) The comptroller shall award a grant to a rural county law enforcement agency that applies for the grant using money appropriated to the comptroller for that purpose.
(b) A rural county law enforcement agency that is a sheriff's office or constable's office may be awarded a grant of not more than:
(1) $250,000, if the applicant is located in a county with a population of less than 10,000;
(2) $350,000, if the applicant is located in a county with a population of 10,000 or more but less than 50,000; or
(3) $500,000, if the applicant is located in a county with a population of 50,000 or more but not more than 275,000.
(c) A rural county law enforcement agency that is a district attorney's office, a criminal district attorney's office, or a county attorney's office with criminal prosecution duties may be awarded a grant of not more than:
(1) $100,000, if the applicant is located in a county with a population of less than 10,000;
(2) $175,000, if the applicant is located in a county with a population of 10,000 or more but less than 50,000; or
(3) $275,000, if the applicant is located in a county with a population of 50,000 or more but not more than 275,000.
(d) For purposes of Subsection (c), a multi-county district attorney's office is considered to be located in the county in the district with the largest population.
(4) On page 2, line 24, following the underlined period, add the following:
The commissioners court of a county may not reduce the amount of money provided to a rural county law enforcement agency because of grant funds provided under this subchapter to the rural county law enforcement agency.
Amendment No. 1 was adopted.
CSHB 1487, as amended, was passed to engrossment.
HB 1577 ON SECOND READING
(by Hull and Herrero)
HB 1577, A bill to be entitled An Act relating to changing the eligibility for mandatory supervision of an inmate serving a sentence for or previously convicted of certain assaults.
HB 1577 was passed to engrossment.
(Goldman in the chair)
CSHB 1667 ON SECOND READING
(by Jetton, et al.)
CSHB 1667, A bill to be entitled An Act relating to the reporting of child abuse or neglect.
Amendment No. 1
Representative Jetton offered the following amendment to CSHB 1667:
Amend CSHB 1667 (house committee printing) as follows:
(1) On page 4, strike lines 16 through 23 and substitute the following:
(b) A person is not required to report concerns that:
(1) are solely related to:
(A) a child's behavior;
(B) truancy; or
(C) conditions of poverty, including a lack of adequate clothing, housing instability, or lack of utilities in the child's home; and
(2) do not adversely affect the child's physical or mental health or welfare.
(2) On page 5, line 22, strike "Section 261.1031" and substitute "Sections 261.1031 and 261.1032".
(3) On page 6, line 11, between "shall" and "provide", insert "make reasonable efforts to".
(4) On page 6, between lines 17 and 18, insert the following:
(e) Nothing in this section may be construed to require a community-based prevention or family preservation services provider to provide services that the provider does not have the resources, including funding, to provide.
Sec. 261.1032. IMPLEMENTATION STUDY AUTHORIZED. (a) The department may, in collaboration with single source continuum contractors, local or regional helplines, hospital systems, independent school districts, law enforcement agencies, and community-based prevention or family preservation services providers, study the implementation of Section 261.1031 in at least one child protective services region in which community-based care has been implemented under Subchapter B-1, Chapter 264. A study under this section must:
(1) explore and identify strategies for maximizing referrals for and delivery of community-based prevention or family preservation services in the region;
(2) determine whether a directory of community-based prevention or family preservation resources has been established;
(3) assess the effectiveness of community-based prevention or family preservation services at promoting child safety and preventing entry into foster care;
(4) assess the effect that community education and promotion of the referral process under Section 261.1031 had on the number of families that received a referral for community-based prevention or family preservation services;
(5) determine whether the training required under Section 261.1021 is being provided;
(6) determine whether best practices for efficiently connecting families with community-based prevention or family preservation services providers have been developed;
(7) identify gaps in the availability of community-based prevention or family preservation services in the region; and
(8) recommend strategies for increasing the availability of effective community-based prevention or family preservation services in the region.
(b) Not later than November 1 of the calendar year in which a study authorized under this section is conducted, the department shall prepare and submit a report of the study to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the house and senate committees with primary jurisdiction over the department.
(c) The department may conduct a study under this section only using federal or private grant funds. The department shall explore and seek opportunities for obtaining federal and private funds to perform a study under this section.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Wu offered the following amendment to CSHB 1667:
Amend CSHB 1667 (house committee report) by striking page 3, line 26, through page 4, line 3, and substituting the following:
person who is not a professional as defined by Section 261.101:
(1) shall make a report as provided by this subchapter if the person witnesses the sexual abuse, sexual assault, or physical abuse of a child by any person; and
(2) may make a report as provided by this subchapter if the person has reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Swanson offered the following amendment to CSHB 1667:
Amend CSHB 1667 (house committee printing) as follows:
(1) On page 9, line 14, strike "The changes" and substitute "(a) Except as provided by Subsection (b), the changes".
(2) On page 9, between lines 19 and 20, insert the following:
(b) If HB 63 or similar legislation of the 88th Legislature, Regular Session, 2023, amending Section 261.104, Family Code, relating to the contents of a report of child abuse or neglect is enacted and becomes law, the changes in law made by this Act to Section 261.104, Family Code, have no effect.
Amendment No. 3 was adopted.
A record vote was requested.
CSHB 1667, as amended, was passed to engrossment by (Record 1466): 99 Yeas, 42 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; Gervin-Hawkins; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Holland; Hull; Hunter; Isaac; Jetton; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Walle; Wilson.
Nays — Anchía; Bernal; Bryant; Bucy; Campos; Cole; Collier; Dutton; Flores; Frazier; Gámez; Garcia; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Longoria; Lopez, R.; Martinez Fischer; Meza; Moody; Morales, C.; Neave Criado; Ordaz; Ortega; Plesa; Reynolds; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Darby; Davis; Guerra; Morales Shaw; Smithee.
STATEMENTS OF VOTE
When Record No. 1466 was taken, I was in the house but away from my desk. I would have voted yes.
Darby
When Record No. 1466 was taken, I was shown voting yes. I intended to vote no.
V. Jones
When Record No. 1466 was taken, my vote failed to register. I would have voted no.
Morales Shaw
When Record No. 1466 was taken, I was shown voting yes. I intended to vote no.
Ramos
When Record No. 1466 was taken, I was in the house but away from my desk. I would have voted yes.
Smithee
HB 1990 ON SECOND READING
(by Wu and Garcia)
HB 1990, A bill to be entitled An Act relating to requiring the Department of Family and Protective Services to notify certain individuals of changes to child abuse and neglect investigation reports.
Amendment No. 1
Representative Wu offered the following amendment to HB 1990:
Amend HB 1990 (house committee report) on page 1, line 10, between "corrections" and "the", by inserting ", other than edits or corrections to remedy spelling or grammatical errors,".
Amendment No. 1 was adopted.
A record vote was requested.
HB 1990, as amended, was passed to engrossment by (Record 1467): 76 Yeas, 69 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Campos; Canales; Cole; Collier; Cortez; Cunningham; Davis; DeAyala; Dorazio; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Hernandez; Herrero; Hinojosa; Howard; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Kitzman; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Spiller; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Darby; Dean; Frank; Frazier; Gates; Gerdes; Geren; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Kacal; King, K.; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Orr; Patterson; Paul; Price; Raney; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Guerra.
STATEMENT OF VOTE
When Record No. 1467 was taken, I was shown voting no. I intended to vote yes.
Hull
HB 1367 ON SECOND READING
(by Vasut)
HB 1367, A bill to be entitled An Act relating to the violation of certain laws and provisions of governing instruments by, and the recall by property owners of, a property owners' association board member.
HB 1367 was passed to engrossment.
HB 2625 ON SECOND READING
(by Moody)
HB 2625, A bill to be entitled An Act relating to the formation of a municipal housing authority asset commission by certain municipal housing authorities.
HB 2625 - POINT OF ORDER
Representative M. González raised a point of order against further consideration of HB 2625 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.
HB 2625 - POINT OF ORDER
Representative M. González raised a point of order against further consideration of HB 2625 under Rule 8, Section 10(b), of the House Rules on the grounds that the bill is limited in application to one or more political subdivisions by means of artificial devices. The point of order was withdrawn.
Representative Moody moved to postpone consideration of HB 2625 until 10 a.m. Tuesday, January 9, 2024.
The motion prevailed.
HB 2266 ON SECOND READING
(by Leach)
HB 2266, A bill to be entitled An Act relating to judicial review of certain local laws applicable to state license holders.
HB 2266 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of HB 2266 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.
Amendment No. 1
Representative Leach offered the following amendment to HB 2266:
Amend HB 2266 (house committee printing) on page 3, between lines 21 and 22, by inserting the following:
(g) This section does not apply to a local law that establishes requirements for, imposes restrictions on, or otherwise regulates:
(1) a sexually oriented business under Chapter 243, Local Government Code;
(2) a massage parlor as defined by Section 234.101, Local Government Code; or
(3) any conduct under Chapter 393, Finance Code, and any conduct related to a credit services organization, as defined by Section 393.001, Finance Code, or a credit access business, as defined by Section 393.601, Finance Code, if the local law:
(A) was adopted before January 1, 2023; and
(B) would have been valid under the law as it existed before the date this chapter was enacted.
Amendment No. 1 was adopted.
HB 2266, as amended, was passed to engrossment.
SB 820 ON SECOND READING
(Klick, et al. - House Sponsors)
SB 820, A bill to be entitled An Act relating to the registration of vision support organizations; imposing a fee; requiring an occupational registration; providing a civil penalty.
SB 820 was considered in lieu of HB 2081.
Amendment No. 1
Representative Klick offered the following amendment to SB 820:
Amend SB 820 (house committee printing) as follows:
(1) On page 3, line 9, between "optometrist" and "who" add "licensed by the Texas Optometry Board or a physician licensed by the Texas Medical Board"
Amendment No. 1 was adopted.
SB 820, as amended, was passed to third reading.
HB 2081 - LAID ON THE TABLE SUBJECT TO CALL
Representative Klick moved to lay HB 2081 on the table subject to call.
The motion prevailed.
CSHB 2702 ON SECOND READING
(by Guillen)
CSHB 2702, A bill to be entitled An Act relating to payments associated with certain medical examinations under the workers' compensation system; imposing a fee.
Amendment No. 1
Representative Guillen offered the following amendment to CSHB 2702:
Amend CSHB 2702 (house committee printing) on page 3, lines 2 and 3, by striking "last set or adjusted by the commissioner" and substituting "initially adopted or last adjusted by the commissioner, as applicable,".
Amendment No. 1 was adopted.
CSHB 2702, as amended, was passed to engrossment.
HB 3862 ON SECOND READING
(by Goldman)
HB 3862, A bill to be entitled An Act relating to information on the transfer of license plates included in an application for title and registration of a motor vehicle.
HB 3862 was passed to engrossment.
HB 3810 ON SECOND READING
(by Landgraf)
HB 3810, A bill to be entitled An Act relating to certain notices provided to the Texas Commission on Environmental Quality by public water supply systems.
Amendment No. 1
Representative Landgraf offered the following amendment to HB 3810:
Amend HB 3810 (house committee printing) as follows:
(1) On page 2, strike lines 2 through 4 and substitute the following:
(6) for a nonindustrial public water supply system, an unplanned condition that has caused or is likely to cause a public water supply outage or the public water supply system to issue a do-not-use advisory, do-not-consume advisory, or boil water notice.
(2) On page 2, line 7, after the underlined period, add the following:
Subsection (i)(6) does not require an owner, agent, manager, operator, or other person in charge of a nonindustrial public water supply system to provide notice of a weather or emergency alert, warning, or watch issued by the National Weather Service, the National Oceanic and Atmospheric Administration, or the Texas Division of Emergency Management or a successor federal or state agency.
Amendment No. 1 was adopted.
HB 3810, as amended, was passed to engrossment.
CSHB 3949 ON SECOND READING
(by Raney)
CSHB 3949, A bill to be entitled An Act relating to arbitration of certain controversies involving members of certain nonprofit entities.
Amendment No. 1
Representative Raney offered the following amendment to CSHB 3949:
Amend CSHB 3949 (house committee printing) as follows:
(1) On page 1, line 11, between "CHAPTER." and "This", insert "(a)".
(2) On page 1, between lines 23 and 24, insert the following:
(b) This chapter does not apply to the arbitration of a controversy between:
(1) members of:
(A) a property owners' association, as defined by Section 209.002, Property Code;
(B) a condominium council of owners, as defined by Section 81.002, Property Code; or
(C) a condominium unit owners' association organized under Section 82.101, Property Code; or
(2) an association or council of owners described by Subdivision (1) and a member of that association or council of owners.
Amendment No. 1 was adopted.
CSHB 3949, as amended, was passed to engrossment.
HB 3752 ON SECOND READING
(by Cain, Patterson, Cook, et al.)
HB 3752, A bill to be entitled An Act relating to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.
HB 3752 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of HB 3752 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill anlaysis is substantially or materially misleading. The point of order was withdrawn.
Representative Cain moved to postpone consideration of HB 3752 until 10 a.m. Sunday, March 3, 2024.
The motion prevailed.
CSHB 3346 ON SECOND READING
(by J. Jones)
CSHB 3346, A bill to be entitled An Act relating to the administration of medication to certain persons in the custody of a sheriff.
A record vote was requested.
CSHB 3346 was passed to engrossment by (Record 1468): 74 Yeas, 68 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Cunningham; Davis; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; 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; Stucky; 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; Darby; Dean; Frank; Gates; Geren; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kacal; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Bhojani; Dorazio; Johnson, J.D.; Schofield.
STATEMENTS OF VOTE
When Record No. 1468 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1468 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 1468 was taken, I was shown voting no. I intended to vote yes.
Cook
When Record No. 1468 was taken, I was in the house but away from my desk. I would have voted no.
Dorazio
When Record No. 1468 was taken, I was in the house but away from my desk. I would have voted yes.
J.D. Johnson
HB 3603 ON SECOND READING
(by Anderson and Murr)
HB 3603, A bill to be entitled An Act relating to the payment of restitution by a person released on parole or to mandatory supervision.
HB 3603 was passed to engrossment.
HB 3452 ON SECOND READING
(by Jetton)
HB 3452, A bill to be entitled An Act relating to complaints submitted to and sanctions issued by the State Commission on Judicial Conduct.
A record vote was requested.
HB 3452 was passed to engrossment by (Record 1469): 93 Yeas, 41 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Gerdes; Geren; Gervin-Hawkins; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Kacal; King, T.; Kitzman; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Metcalf; Meyer; Meza; Moody; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Wilson.
Nays — Allen; Anchía; Bernal; Bowers; Bucy; Canales; Cole; Collier; Cortez; Davis; Garcia; González, J.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, J.E.; Jones, V.; Manuel; Martinez; Martinez Fischer; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thimesch; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Bryant; Dutton; Gates; Jones, J.; King, K.; Klick; Kuempel; Lalani; Lozano; Plesa; Thompson, S.; Vasut.
STATEMENTS OF VOTE
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted no.
Bryant
When Record No. 1469 was taken, I was shown voting yes. I intended to vote no.
Flores
When Record No. 1469 was taken, I was shown voting yes. I intended to vote no.
Gámez
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted no.
J. Jones
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted yes.
Klick
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1469 was taken, I was shown voting yes. I intended to vote no.
Meza
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted no.
Plesa
When Record No. 1469 was taken, I was shown voting no. I intended to vote yes.
Thimesch
When Record No. 1469 was taken, I was in the house but away from my desk. I would have voted yes.
Vasut
SB 1457 ON SECOND READING
(S. Thompson, et al. - House Sponsors)
SB 1457, A bill to be entitled An Act relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.
SB 1457 was considered in lieu of HB 3184.
A record vote was requested.
SB 1457 was passed to third reading by (Record 1470): 131 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Button; Cain; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; 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.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Bumgarner; Goldman(C).
Absent, Excused — Sherman.
Absent — Bell, K.; Bhojani; Burrows; Clardy; DeAyala; Dorazio; Dutton; Johnson, J.D.; Leo-Wilson; Lozano; Morrison; Ramos; Rosenthal; Thierry.
STATEMENTS OF VOTE
When Record No. 1470 was taken, I was in the house but away from my desk. I would have voted yes.
K. Bell
When Record No. 1470 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1470 was taken, I was shown voting present, not voting. I intended to vote yes.
Bumgarner
When Record No. 1470 was taken, I was in the house but away from my desk. I would have voted yes.
DeAyala
When Record No. 1470 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 1470 was taken, I was in the house but away from my desk. I would have voted yes.
Ramos
HB 3184 - LAID ON THE TABLE SUBJECT TO CALL
Representative S. Thompson moved to lay HB 3184 on the table subject to call.
The motion prevailed.
HB 3009 ON SECOND READING
(by VanDeaver)
HB 3009, A bill to be entitled An Act relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.
Amendment No. 1
Representative VanDeaver offered the following amendment to HB 3009:
Amend HB 3009 (house committee report) as follows:
(1) On page 4, line 10, strike "that is conducted" and substitute "conducted by the advanced practice registered nurse".
(2) On page 4, line 11, between "physician" and "is", insert "and is signed by the supervising physician".
(3) On page 6, line 7, strike "that is conducted" and substitute "conducted by the advanced practice registered nurse".
(4) On page 6, line 8, between "physician" and "is", insert "and is signed by the supervising physician".
(5) On page 9, line 9, between "physician" and "is", insert "and is signed by the supervising physician".
Amendment No. 1 was adopted.
A record vote was requested.
HB 3009, as amended, was passed to engrossment by (Record 1471): 138 Yeas, 6 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; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Canales; Hefner; Schaefer; Schofield; Vasut.
Present, not voting — Mr. Speaker; Goldman(C); Thierry.
Absent, Excused — Sherman.
Absent — Oliverson.
STATEMENTS OF VOTE
When Record No. 1471 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1471 was taken, I was shown voting yes. I intended to vote no.
Schatzline
When Record No. 1471 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 1471 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 3220 ON SECOND READING
(by Garcia, R. Lopez, Bumgarner, Gates, Anderson, et al.)
HB 3220, A bill to be entitled An Act relating to an assessment on the use of surplus government property to provide housing to homeless veterans.
A record vote was requested.
HB 3220 was passed to engrossment by (Record 1472): 101 Yeas, 40 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shaheen; Shine; Talarico; Thierry; Thimesch; Thompson, S.; Turner; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bonnen; Burns; Burrows; Cain; Craddick; Dean; DeAyala; Dorazio; Harless; Harris, C.E.; Harrison; Hull; Klick; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Orr; Patterson; Paul; Price; Raney; Schaefer; Schatzline; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Gerdes; Harris, C.J.; Lopez, J.; Oliverson; Schofield.
STATEMENTS OF VOTE
When Record No. 1472 was taken, I was shown voting yes. I would have voted no.
K. Bell
When Record No. 1472 was taken, my vote failed to register. I would have voted no.
Gerdes
When Record No. 1472 was taken, my vote failed to register. I would have voted no.
C.J. Harris
When Record No. 1472 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1472 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1472 was taken, I was shown voting yes. I intended to vote no.
Lambert
When Record No. 1472 was taken, my vote failed to register. I would have voted yes.
J. Lopez
When Record No. 1472 was taken, I was shown voting no. I intended to vote yes.
Patterson
When Record No. 1472 was taken, I was shown voting yes. I intended to vote no.
Thimesch
HB 895 ON SECOND READING
(by Muñoz and Cain)
HB 895, A bill to be entitled An Act relating to the use of extrapolation by a health maintenance organization or an insurer to audit claims.
HB 895 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of HB 895 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.
HB 895 was passed to engrossment. (Dean and Shine recorded voting no.)
HB 408 ON SECOND READING
(by Collier)
HB 408, A bill to be entitled An Act relating to the eligibility requirements for a license to carry a handgun.
HR 408 - REMARKS
REPRESENTATIVE COLLIER: If you can just indulge me for a moment, because I need to take a little time to explain this bill.
Individuals who successfully complete deferred adjudication for the charge of non-aggravated robbery or burglary of a habitat can constitutionally carry under current law. However, there is a discrepancy in our law regarding the impact of completing deferred adjudication for certain offenses. The Texas Penal Code allows courts to place a person on deferred adjudication for certain offenses, and if that person successfully completes all of the conditions of that court's order, their charge does not result in a final conviction. However, if we move over to the Local Government Code, we see that even if a person successfully completes the condition of the court's order of deferred adjudication—with 10 years of no disqualifying behavior—they are still considered to be convicted for the purposes for obtaining a license to carry, thereby making them ineligible.
Now, there are instances where Texans seeking employment opportunities need to have a license to carry, but because of the way the word "conviction" is interpreted in the Local Government Code, the law does not afford them that opportunity. I have to continue to read this because I want it to be very clear what we are doing. If a person was given deferred adjudication for the offense of non-aggravated robbery or burglary of a habitat, the state believes that person has the ability to be rehabilitated. But this is nearly impossible if barriers are still in place that prevent them from providing for themselves and/or their family. If this bill does pass, we are still saying deferred adjudications for aggravated robbery and felony burglaries in the first degree are excluded for the purposes of handgun license eligibility.
So here's the bottom line: If someone can live 10 years without committing a disqualifying offense, they should qualify to enter the handgun license program. And to be clear—clear as I possibly can—this bill would not expand access to firearms, as these individuals already are eligible to carry under the constitutional carry. But it does open the future possibilities for those individuals it impacts.
HB 408 was passed to engrossment. (Dean and Shine recorded voting no.)
CSHB 1351 ON SECOND READING
(by Hernandez and Plesa)
CSHB 1351, A bill to be entitled An Act relating to the distribution of funds designated for the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program.
CSHB 1351 was passed to engrossment.
CSHB 1529 ON SECOND READING
(by Campos)
CSHB 1529, 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 Cook offered the following amendment to CSHB 1529:
Amend CSHB 1529 (house committee report) as follows:
(1) On page 1, line 23, strike "If" and substitute "Except as provided by Subsection (c), if".
(2) On page 2, between lines 4 and 5, insert the following:
(c) The court may not exclude evidence under Subsection (b) if the court finds that excluding that evidence may endanger the child's physical health or significantly impair the child's emotional development.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 1529, as amended, was passed to engrossment by (Record 1473): 91 Yeas, 42 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bell, C.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hefner; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raymond; Rogers; Romero; Rose; Schaefer; Schofield; Smith; Talarico; Thierry; Thompson, S.; Troxclair; Turner; Vo; Walle; Zwiener.
Nays — Ashby; Bailes; Bell, K.; Bumgarner; Burns; Cain; Dean; DeAyala; Gates; Gerdes; Harris, C.J.; Hayes; Holland; Isaac; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Murr; Noble; Orr; Patterson; Paul; Shaheen; Shine; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson; Wu.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Anderson; Davis; Dorazio; González, J.; Harrison; Leo-Wilson; Manuel; Morales Shaw; Morrison; Raney; Reynolds; Rosenthal; Schatzline.
STATEMENTS OF VOTE
When Record No. 1473 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 1473 was taken, I was shown voting yes. I intended to vote no.
C.E. Harris
When Record No. 1473 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
When Record No. 1473 was taken, my vote failed to register. I would have voted yes.
Manuel
When Record No. 1473 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1473 was taken, I was shown voting yes. I intended to vote no.
Ramos
When Record No. 1473 was taken, I was in the house but away from my desk. I would have voted yes.
Rosenthal
When Record No. 1473 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1473 was taken, I was shown voting yes. I intended to vote no.
Troxclair
HB 1985 ON SECOND READING
(by Vasut)
HB 1985, A bill to be entitled An Act relating to the service credit used in calculating longevity pay for certain judges and justices with prior full-time service as an associate judge.
HB 1985 was passed to engrossment.
HB 2327 ON SECOND READING
(by Goldman)
HB 2327, A bill to be entitled An Act relating to an exception to the renewal requirement for agricultural and timber tax exemption registration numbers issued to or held by persons who are at least 65 years of age.
HB 2327 was passed to engrossment.
HB 2019 ON SECOND READING
(by Neave Criado and Cook)
HB 2019, A bill to be entitled An Act relating to the statute of limitations for certain burglary offenses.
A record vote was requested.
HB 2019 was passed to engrossment by (Record 1474): 137 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; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Canales; Tinderholt.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Harrison; Longoria; Lopez, J.; Morales Shaw; Orr; Thierry; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1474 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1474 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
HB 2297 ON SECOND READING
(by Holland)
HB 2297, A bill to be entitled An Act relating to compensation and leave for certain peace officers.
HB 2297 was passed to engrossment.
HB 2401 - VOTE RECONSIDERED
Representative M. González moved to reconsider the vote by which HB 2401 failed to pass by Record No. 1428.
The motion to reconsider prevailed.
HB 2401 ON THIRD READING
(by M. González)
The chair laid before the house, on its third reading and final passage,
HB 2401, A bill to be entitled An Act relating to the repeal of certain contracting requirements under the Medicaid managed care delivery model.
HB 2401 was read third time earlier today, an amendment was offered and disposed of, and HB 2401 failed to pass by Record No. 1428.
Amendment No. 2
Representatives M. González, J.E. Johnson, and Talarico offered the following amendment to HB 2401:
Amend HB 2401 on third reading as follows:
(1) Strike amended Sections 533.003(a)(4) and (5), Government Code, and substitute the following:
(4) consider the ability of organizations to process Medicaid claims electronically; [and]
(5) in the initial implementation of managed care in the South Texas service region, give extra consideration to an organization that [either:
[(A)] is locally owned, managed, and operated, if one exists; and
(6) consider the potential benefit to the Medicaid managed care program implemented under this chapter that may be derived from awarding a contract to provide health care services to recipients in a service delivery area to an organization that is licensed under Chapter 843, Insurance Code, and is:
(A) wholly owned and operated by a hospital district in the service delivery area; or
(B) created by a nonprofit organization that has a contract, agreement, or other arrangement with a hospital district in that service delivery area or with a municipality in that service delivery area that owns a hospital licensed under Chapter 241, Health and Safety Code, and has an obligation to provide health care to indigent patients [is in compliance with the requirements of Section 533.004].
(2) Strike SECTION 3 of the bill and substitute the following:
SECTION 3. (a) Except as provided by Subsection (b) of this section, the changes in law made by this Act apply only after the next operational start date of the Health and Human Services Commission's STAR and STAR PLUS procurements. A procurement before the next operational start date for the Health and Human Services Commission's STAR and STAR PLUS is governed by the law in effect before the effective date of this act and the former law is continued in effect for that purpose.
(b) The changes in law made by this Act apply to any STAR KIDS procurement on or after the effective date of this Act.
Amendment No. 2 was adopted.
HB 2401, as amended, was passed by (Record 1475): 140 Yeas, 0 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; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Dorazio; King, T.; Leo-Wilson; Rosenthal; Schatzline; Schofield.
STATEMENTS OF VOTE
When Record No. 1475 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 1475 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
HB 4918 - VOTE RECONSIDERED
Representative Allison moved to reconsider the vote by which HB 4918 failed to pass by Record No. 1421.
A record vote was requested.
The motion to reconsider prevailed by (Record 1476): 97 Yeas, 31 Nays, 3 Present, not voting.
Yeas — Allen; Anchía; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harrison; Hayes; Hernandez; Hinojosa; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Leach; Longoria; Lopez, R.; Lujan; Manuel; Martinez Fischer; Metcalf; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner; Vasut; Vo; Walle; Wilson; Zwiener.
Nays — Bell, K.; Bumgarner; Cook; Gerdes; Harless; Harris, C.E.; Harris, C.J.; Hefner; Holland; Klick; Lambert; Landgraf; Leo-Wilson; Meyer; Murr; Noble; Patterson; Paul; Schaefer; Schofield; Shaheen; Shine; Slawson; Smithee; Spiller; Tepper; Thimesch; Thompson, E.; Tinderholt; Troxclair; VanDeaver.
Present, not voting — Mr. Speaker; Goldman(C); Morrison.
Absent, Excused — Sherman.
Absent — Allison; Anderson; Capriglione; Craddick; Frank; Herrero; Hull; Kitzman; Lalani; Lopez, J.; Lozano; Martinez; Rose; Schatzline; Smith; Swanson; Wu.
STATEMENTS OF VOTE
When Record No. 1476 was taken, I was in the house but away from my desk. I would have voted no.
J. Lopez
When Record No. 1476 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
When Record No. 1476 was taken, I was shown voting yes. I intended to vote no.
Stucky
When Record No. 1476 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
HB 4918 ON THIRD READING
(by Rosenthal)
The chair laid before the house, on its third reading and final passage,
HB 4918, A bill to be entitled An Act relating to the processing, manufacture, and sale of hemp products for smoking.
HB 4918 was read third time earlier today and failed to pass by Record No. 1421.
HB 4918 was passed by (Record 1477): 84 Yeas, 59 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Burns; Cain; Campos; Canales; Clardy; Cole; Collier; Cortez; Darby; Davis; Dean; Dutton; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harrison; Hayes; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rosenthal; Talarico; Thierry; Thompson, S.; Tinderholt; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burrows; Button; Cook; Craddick; Cunningham; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Harless; Harris, C.E.; Harris, C.J.; Hefner; Holland; Isaac; Jetton; Kitzman; Klick; Lambert; Landgraf; Leo-Wilson; Metcalf; Meyer; Morrison; Murr; Noble; Orr; Patterson; Paul; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Capriglione; Hull; Rose.
STATEMENTS OF VOTE
When Record No. 1477 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1477 was taken, I was shown voting yes. I intended to vote no.
K. King
When Record No. 1477 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1477 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1477 was taken, I was shown voting yes. I intended to vote no.
J. Lopez
When Record No. 1477 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
(Speaker in the chair)
CSHB 2043 ON SECOND READING
(by Bowers, Garcia, et al.)
CSHB 2043, A bill to be entitled An Act relating to a criminal justice system pretrial and sentencing database established by the Office of Court Administration of the Texas Judicial System.
REMARKS ORDERED PRINTED
Representative Manuel moved to print remarks by Representative Collier on HB 408.
The motion prevailed.
CSHB 2043 - (consideration continued)
Representative Bowers moved to postpone consideration of CSHB 2043 until 10 a.m. Saturday, July 22.
The motion prevailed.
CSHB 2646 ON SECOND READING
(by J.D. Johnson)
CSHB 2646, A bill to be entitled An Act relating to the payment of certain fines and court costs by an inmate during a term of imprisonment or following release from the Texas Department of Criminal Justice.
A record vote was requested.
CSHB 2646 was passed to engrossment by (Record 1478): 81 Yeas, 62 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Campos; Canales; Clardy; Cole; Collier; Cortez; Darby; Davis; Dutton; 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, K.; King, T.; Lalani; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Bonnen; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leo-Wilson; Lopez, J.; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Flores.
Absent, Excused — Sherman.
Absent — Leach; Morrison; Reynolds.
STATEMENT OF VOTE
When Record No. 1478 was taken, I was shown voting yes. I intended to vote no.
K. King
CSHB 5081 ON SECOND READING
(by Wilson, et al.)
CSHB 5081, A bill to be entitled An Act relating to certain motor vehicle safety inspection fees.
A record vote was requested.
CSHB 5081 was passed to engrossment by (Record 1479): 134 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; 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; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Ashby; Cain; Hayes; Schaefer; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C); González, M.
Absent, Excused — Sherman.
Absent — Burrows; Gates; Gerdes; Leach; Morrison.
STATEMENTS OF VOTE
When Record No. 1479 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 1479 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1479 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1479 was taken, I was shown voting yes. I intended to vote no.
Schatzline
HB 3957 ON SECOND READING
(by Smith)
HB 3957, A bill to be entitled An Act relating to the establishment of a rapid DNA analysis pilot program in certain counties.
HB 3957 was passed to engrossment.
CSHB 4540 ON SECOND READING
(by Longoria, Lambert, Rogers, and Cook)
CSHB 4540, A bill to be entitled An Act relating to certain benefits payable by the Judicial Retirement System of Texas Plan One and the Judicial Retirement System of Texas Plan Two.
A record vote was requested.
CSHB 4540 was passed to engrossment by (Record 1480): 116 Yeas, 30 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hayes; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Smithee; Stucky; Talarico; Tepper; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Bumgarner; Cain; Clardy; Dean; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Holland; Hull; Isaac; Kitzman; Leo-Wilson; Metcalf; Patterson; Schaefer; Schatzline; Slawson; Spiller; Swanson; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Johnson, A.
Absent, Excused — Sherman.
STATEMENTS OF VOTE
When Record No. 1480 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1480 was taken, I was shown voting no. I intended to vote yes.
Wilson
CSHB 4771 ON SECOND READING
(by Bhojani, Rosenthal, J. Jones, Stucky, and Lambert)
CSHB 4771, A bill to be entitled An Act relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.
A record vote was requested.
CSHB 4771 failed to pass to engrossment by (Record 1481): 69 Yeas, 75 Nays, 1 Present, not voting. (The vote was reconsidered on May 11, and CSHB 4771 was passed to engrossment by Record No. 1581.)
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Lambert; Longoria; Lopez, R.; Lozano; Lujan; 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; Stucky; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Lopez, J.; Metcalf; Morrison; Murr; Noble; Oliverson; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Hunter; Johnson, J.D.; Orr.
STATEMENTS OF VOTE
When Record No. 1481 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1481 was taken, I was shown voting no. I intended to vote yes.
Frank
When Record No. 1481 was taken, I was shown voting no. I intended to vote yes.
Harless
When Record No. 1481 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1481 was taken, I was in the house but away from my desk. I would have voted yes.
J.D. Johnson
HB 649 ON SECOND READING
(by Hinojosa)
HB 649, A bill to be entitled An Act relating to consideration of education-related income in determining eligibility of applicants for residential tenancies.
Representative Hinojosa moved to postpone consideration of HB 649 until 4 p.m. tomorrow.
The motion prevailed.
HB 2242 ON SECOND READING
(by Howard, Geren, et al.)
HB 2242, A bill to be entitled An Act relating to the use of dynamic message signs for the Keep 'Em Safe Texas Gun Storage Campaign.
A record vote was requested.
HB 2242 was passed to engrossment by (Record 1482): 76 Yeas, 66 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; 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, V.; Kacal; King, K.; King, T.; Lalani; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Ramos; Raney; Raymond; Romero; Rose; Rosenthal; Stucky; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Dean; DeAyala; Dorazio; Gates; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Lujan; Metcalf; Murr; Noble; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — Jones, J.; Morrison; Plesa; Reynolds; Thierry.
STATEMENTS OF VOTE
When Record No. 1482 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 1482 was taken, I was in the house but away from my desk. I would have voted yes.
J. Jones
When Record No. 1482 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
CSHB 2476 ON SECOND READING
(by Garcia, Shine, R. Lopez, Thierry, Morales Shaw, et al.)
CSHB 2476, A bill to be entitled An Act relating to the adoption of a veterans' land bank program by the Texas State Affordable Housing Corporation.
Amendment No. 1
Representative Garcia offered the following amendment to CSHB 2476:
Amend CSHB 2476 (house committee report) on page 1 as follows:
(1) On line 17, between "payment" and "does", insert "or contract rent".
(2) On line 19, immediately preceding "limit", insert "and rent".
Amendment No. 1 was adopted.
CSHB 2476, as amended, was passed to engrossment.
CSHB 2234 ON SECOND READING
(by S. Thompson, Garcia, et al.)
CSHB 2234, A bill to be entitled An Act relating to certain policies and procedures for the placement and use of video cameras in certain classrooms, including classrooms that provide special education services.
CSHB 2234 was passed to engrossment.
HB 3266 ON SECOND READING
(by Frazier, Plesa, Bowers, Harless, et al.)
HB 3266, A bill to be entitled An Act relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain devices intended to modify handguns.
Amendment No. 1
Representative Frazier offered the following amendment to HB 3266:
Amend HB 3266 (house committee report) by striking page 1, line 6, through page 2, line 3, and substituting the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 46.01(9), Penal Code, is amended to read as follows:
(9) "Machine gun" means any:
(A) firearm that is capable of shooting more than one shot [two shots] automatically, without manual reloading, by a single function of the trigger, including any combination of parts from which that type of firearm may be assembled; or
(B) part or combination of parts designed or intended to convert a firearm into a firearm described by Paragraph (A).
SECTION ____. Section 46.05, Penal Code, is amended by amending Subsection (a) and adding Subsection (d-1) to read as follows:
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:
(A) an explosive weapon; or
(B) [a machine gun; or
[(C)] a short-barrel firearm;
(2) armor-piercing ammunition;
(3) a chemical dispensing device;
(4) a zip gun;
(5) a tire deflation device; [or]
(6) a machine gun; or
(7) an improvised explosive device.
(d-1) It is an affirmative defense to prosecution under Subsection (a)(6) that the machine gun is:
(1) registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement; or
(2) classified as a curio or relic by the United States Department of Justice.
Amendment No. 1 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 1 under Rule 11, Section 6(e), of the House Rules on the grounds that the amendment is a substantial substitute and was not timely filed. The point of order was withdrawn.
Amendment No. 1 was withdrawn.
A record vote was requested.
HB 3266 was passed to engrossment by (Record 1483): 83 Yeas, 57 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bonnen; Bowers; Bryant; Bucy; Burrows; Campos; Cole; Collier; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Longoria; 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; Shine; Stucky; Talarico; Thierry; Thimesch; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Dean; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Hunter; Isaac; Jetton; Kitzman; Klick; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Button.
Absent, Excused — Sherman.
Absent — Ashby; Bhojani; Guillen; Rosenthal; Schatzline; Troxclair.
STATEMENTS OF VOTE
When Record No. 1483 was taken, I was shown voting no. I intended to vote yes.
K. Bell
When Record No. 1483 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1483 was taken, I was shown voting present, not voting. I intended to vote yes.
Button
When Record No. 1483 was taken, I was in the house but away from my desk. I would have voted yes.
Rosenthal
When Record No. 1483 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)
ADJOURNMENT
Representative Geren moved that the house adjourn until 10 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 10:28 p.m., adjourned until 10 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 1251 to Ways and Means.
SB 1268 to Insurance.
SB 1557 to Public Education.
SB 2370 to County Affairs.
SB 2434 to Urban Affairs.
SB 2548 to Juvenile Justice and Family Issues.
SJR 81 to Higher Education.
List No. 2
HR 1550 (By Holland), Congratulating the Rockwall High School boys' gymnastics team on winning the overall team title at the 2023 Texas High School Gymnastics State Championship.
To Resolutions Calendars.
HR 1551 (By Holland), Commemorating the 2023 Smoke Sessions BBQ Competition in Royce City.
To Resolutions Calendars.
HR 1552 (By Guerra), In memory of Chief Shawn Michael Snider of the Edinburg Fire Department.
To Resolutions Calendars.
HR 1553 (By Guerra), Congratulating Megan Rojas on her selection to participate in the 2023 Education in Action Lone Star Leadership Academy.
To Resolutions Calendars.
HR 1554 (By Guerra), Congratulating Pharr-San Juan-Alamo ISD on its receipt of the 2023 Best Communities for Music Education designation from the National Association of Music Merchants Foundation.
To Resolutions Calendars.
HR 1555 (By Lambert), In memory of former state representative Dr. Robert D. "Bob" Hunter.
To Resolutions Calendars.
HR 1556 (By Davis), Congratulating James F. Hill II on receiving a 2023 Outstanding Texan Award for House District 111 from the Texas Legislative Black Caucus.
To Resolutions Calendars.
HR 1557 (By Buckley), Commending Deborah W. Seigman for her exemplary career in education.
To Resolutions Calendars.
HR 1558 (By Buckley), In memory of U.S. Army Lieutenant Colonel (Ret.) James Edward Seigman.
To Resolutions Calendars.
HR 1560 (By Guerra), Honoring Natalie Acosta for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1561 (By Guerra), Honoring Sierra Vidaurri for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1562 (By Guerra), Honoring Victoria Velazquez for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1563 (By Guerra), Honoring Rianna Trevino for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1564 (By Guerra), Honoring Tristan Solis for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1565 (By Guerra), Honoring Daniela Salinas De Alba for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1566 (By Guerra), Honoring Leenette Saenz for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1567 (By Guerra), Honoring Alma Rodriquez for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1568 (By Guerra), Honoring Christopher Razo for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1569 (By Guerra), Honoring Yrene Rivas for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1570 (By Guerra), Honoring Jarrett Quezada for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1571 (By Guerra), Honoring Muhammad Zubeir Noorani for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1572 (By Guerra), Honoring Austin Martinez for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1573 (By Guerra), Honoring Emily Lara for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1574 (By Guerra), Honoring Isabella Landeros for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1575 (By Guerra), Honoring Angel Huerta Mora for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1576 (By Guerra), Honoring Victoria Gutierrez for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1577 (By Guerra), Honoring Alyssa Guerra for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1578 (By Guerra), Honoring David Franco for his accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1579 (By Guerra), Honoring Annali Gracia for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1580 (By Guerra), Honoring Clara Elliott for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1581 (By Guerra), Honoring Kailey Chavez for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1582 (By Guerra), Honoring Katherine Cadriel for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1583 (By Guerra), Honoring Frida Beltran for her accomplishments as a Luminary Scholar at The University of Texas Rio Grande Valley.
To Resolutions Calendars.
HR 1584 (By Guerra), Congratulating Travis Bush on his selection as head coach of The University of Texas Rio Grande Valley football team.
To Resolutions Calendars.
HR 1585 (By Morrison), Commemorating the 100th anniversary of GSM Insurors.
To Resolutions Calendars.
HR 1586 (By Morrison), Commemorating the rededication of the Hines Cemetery in Edna on the 150th anniversary of its founding.
To Resolutions Calendars.
HR 1587 (By Reynolds), Commending the members of the Texas Legislative Internship Program Class of the 88th Legislature.
To Resolutions Calendars.
HR 1588 (By Kacal), Commending Maximillian L. Kloberdanz for his service as legislative director for State Representative Kyle Kacal.
To Resolutions Calendars.
HR 1589 (By Kacal), In memory of Jerry Don Spikes of Bryan.
To Resolutions Calendars.
HR 1590 (By Dutton), In memory of former U.S. Census Bureau director Steven Harold Murdock of Austin.
To Resolutions Calendars.
HR 1591 (By A. Johnson), Congratulating Danielle King of Rice University on receiving a 2023 CAREER Award from the Faculty Early Career Development Program of the National Science Foundation.
To Resolutions Calendars.
HR 1592 (By Klick), Recognizing May 10, 2023, as School Nurse Day.
To Resolutions Calendars.
HR 1593 (By A. Johnson), Congratulating James Chappell of Rice University on receiving a 2023 CAREER Award from the Faculty Early Career Development Program of the National Science Foundation.
To Resolutions Calendars.
HR 1594 (By Herrero), Congratulating Sarah Luis on receiving a 2023 Women in Education Award from the Education Service Center Region 2.
To Resolutions Calendars.
HR 1595 (By Jetton), Congratulating Captain Erick E. Erinna Sr. of the U.S. Army on his change of command.
To Resolutions Calendars.
HR 1596 (By A. Johnson), Commending Cyrus Hosseini for his service as a legislative aide in the office of State Representative Ann Johnson.
To Resolutions Calendars.
HR 1597 (By A. Johnson), Commending Katelyn Roy for her service as a legislative intern in the office of State Representative Ann Johnson.
To Resolutions Calendars.
HR 1598 (By A. Johnson), Commending Kacy Middleton for her service as a legislative intern in the office of State Representative Ann Johnson.
To Resolutions Calendars.
HR 1599 (By A. Johnson), Commending Emma Claire White for her service as a legislative intern in the office of State Representative Ann Johnson.
To Resolutions Calendars.
HR 1601 (By Cunningham), Congratulating Levi Christopher Sell of Scouts BSA Troop No. 8 in Kingwood on obtaining the rank of Eagle Scout.
To Resolutions Calendars.
HR 1602 (By Kacal), Congratulating Keith Smith on his retirement as superintendent of Madisonville CISD.
To Resolutions Calendars.
HR 1603 (By E. Thompson), In memory of Joe Vincent Saladino of Friendswood.
To Resolutions Calendars.
HR 1604 (By Lambert), Recognizing May 9, 2023, as USTA Texas Day at the State Capitol.
To Resolutions Calendars.
HR 1605 (By Thimesch), Congratulating Meghna Kumar of Argyle High School on winning the 2023 UIL 5A girls' singles tennis state championship.
To Resolutions Calendars.
HR 1606 (By Thimesch), Congratulating Dr. Telena Wright on her retirement as superintendent of Argyle ISD.
To Resolutions Calendars.
HR 1607 (By Turner), In memory of Phillip Andrew Yarbough.
To Resolutions Calendars.
HR 1608 (By Turner), Honoring Heider Garcia for his service as Tarrant County elections administrator.
To Resolutions Calendars.
HR 1609 (By Turner), Congratulating Bell flight company on winning the U.S. Army contract to manufacture the V-280 Valor tiltrotor for the Future Long-Range Assault Aircraft program.
To Resolutions Calendars.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 20
SB 729, SCR 38
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
Wednesday, May 10, 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 290
Oliverson
SPONSOR: Hancock
|
Relating to multiple employer welfare arrangements.
HB 474
Hull
SPONSOR: Zaffirini
|
Relating to certain requirements regarding court-appointed volunteer advocate programs.
HB 492
Craddick
SPONSOR: Sparks
|
Relating to the creation and operation of a mental health services district by the Midland County Hospital District of Midland County, Texas, and the Ector County Hospital District.
HB 586
Thompson, Ed
SPONSOR: Bettencourt
|
Relating to municipal annexation of certain rights-of-way.
HB 591
Capriglione
SPONSOR: Blanco
|
Relating to an exemption from the severance tax for gas produced from certain wells that is consumed near the well and would otherwise have been lawfully vented or flared.
(Committee Substitute)
HB 624
Harris, Cody
SPONSOR: Birdwell
|
Relating to emergency medical transport by fire fighters of certain patients.
HB 1333
Kacal
SPONSOR: Kolkhorst
|
Relating to the sale and purchase of certain fish.
HB 1706
Perez
SPONSOR: Schwertner
|
Relating to the right of an insured to enter into a contract with a public insurance adjuster.
(Committee Substitute)
HB 1761
Burns
SPONSOR: Perry
|
Relating to the period for which a pesticide must be registered.
HB 1845
Metcalf
SPONSOR: Perry
|
Relating to the licensing requirements for certain operators of wastewater systems and public water systems.
HB 2109
Harris, Caroline
SPONSOR: Schwertner
|
Relating to the construction, maintenance, rehabilitation, and removal of dams by the Lower Brushy Creek Water Control and Improvement District.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 10, 2023 - 2
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 4
Capriglione
SPONSOR: Hughes
|
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
(Committee Substitute/Amended)
HB 279
Jetton
SPONSOR: Bettencourt
|
Relating to the prosecution and punishment of the offense of trafficking of persons.
HB 1535
Clardy
SPONSOR: Johnson
|
Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.
HB 1555
Clardy
SPONSOR: Johnson
|
Relating to the Upper Guadalupe River Authority, following the recommendations of the Sunset Advisory Commission; altering terms of the board of directors; specifying grounds for the removal of a member of the board of directors.
HB 1922
Dutton
SPONSOR: Bettencourt
|
Relating to periodic reauthorization of municipal building permit fees.
HB 2460
King, Tracy O.
SPONSOR: Perry
|
Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins.
HB 2759
Thompson, Ed
SPONSOR: Perry
|
Relating to the establishment of the TexMesonet Hydrometeorology Network and creation of the TexMesonet Advisory Committee.
HB 2899
Plesa
SPONSOR: Hall
|
Relating to the impoundment of a vehicle used in the commission of the offense of racing on a highway or in the commission of certain criminal conduct involving a reckless driving exhibition.
(Committee Substitute/Amended)
HB 3290
Guillen
SPONSOR: Hancock
|
Relating to the next generation 9-1-1 service fund.
Relating to disannexation of certain areas that do not receive full municipal services; providing a civil penalty.
Relating to health benefit coverage for bariatric surgery under the state employees group benefits program.
Relating to requirements applicable to certain third-party health insurers in relation to Medicaid.
Relating to the provision of solid waste disposal services by certain counties.
Relating to the provision of mobile emergency medical services by the Big Bend Regional Hospital District.
Relating to certain autologous and direct blood donations.
Relating to publication of public improvement district service plans and assessments on certain public Internet websites.
Relating to access to certain information in the adoption process.
Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 10, 2023 - 3
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
Relating to safety training for certain public school extracurricular activities.
Relating to procedures under the public information law, including expedited responses and charges for bad faith requests.
Relating to the exemption from ad valorem taxation of property owned by an organization engaged primarily in performing charitable functions.
Expressing opposition to the creation of a central bank digital currency.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 9
Community Safety, Select - HB 2744
County Affairs - HB 1132, HB 2085, HB 2186, HB 3590
Criminal Jurisprudence - HB 3817, SB 409
Culture, Recreation, and Tourism - SB 811, SB 1032, SB 1648
Elections - SB 994
Human Services - SB 24, SB 1849, SB 2261
Judiciary and Civil Jurisprudence - SB 559, SB 944, SB 1054, SB 1602
Juvenile Justice and Family Issues - SB 1727
Licensing and Administrative Procedures - SB 1213
Natural Resources - HB 2496, HB 4373, SB 1080
Public Health - HB 2356, HB 2506, HB 3468, HB 4146, HR 435, SB 773, SB 1040, SB 2173, SB 2186
Redistricting - SB 375
State Affairs - HB 4542
Ways and Means - HB 5105
ENGROSSED
May 9 - HB 35, HB 139, HB 223, HB 248, HB 315, HB 381, HB 544, HB 603, HB 614, HB 779, HB 818, HB 824, HB 967, HB 968, HB 969, HB 1094, HB 1133, HB 1136, HB 1181, HB 1190, HB 1348, HB 1390, HB 1437, HB 1546, HB 1579, HB 1583, HB 1614, HB 1786, HB 1848, HB 1960, HB 2102, HB 2164, HB 2166, HB 2185, HB 2187, HB 2190, HB 2193, HB 2201, HB 2235, HB 2313, HB 2333, HB 2389, HB 2415, HB 2424, HB 2564, HB 2600, HB 2644, HB 2658, HB 2665, HB 2671, HB 2716, HB 2779, HB 2822, HB 2886, HB 2941, HB 2948, HB 2969, HB 2975, HB 3055, HB 3127, HB 3130, HB 3183, HB 3186, HB 3241, HB 3257, HB 3282, HB 3288, HB 3340, HB 3351, HB 3352, HB 3363, HB 3364, HB 3436, HB 3440, HB 3460, HB 3506, HB 3532, HB 3536, HB 3539, HB 3545, HB 3556, HB 3697, HB 3699, HB 3739, HB 3749, HB 3765, HB 3848, HB 3857, HB 3881, HB 3908, HB 3987, HB 3991, HB 4025, HB 4061, HB 4110, HB 4123, HB 4169, HB 4219, HB 4366, HB 4372, HB 4382, HB 4415, HB 4456, HB 4500, HB 4524, HB 4639, HB 4642, HB 4645, HB 4655, HB 4674, HB 4697, HB 4713, HB 4772, HB 4820, HB 4861, HB 4865, HB 4868, HB 4872, HB 4888, HB 4923, HB 5012, HB 5080, HB 5103, HB 5142, HB 5159, HB 5175, HB 5202, HB 5225, HB 5255, HB 5304, HB 5307, HB 5310, HB 5314, HB 5315, HB 5316, HB 5321, HB 5330, HB 5332, HB 5336, HB 5337, HB 5343, HB 5344, HB 5345, HB 5349, HB 5357, HB 5358, HB 5365, HB 5371, HB 5372, HB 5373, HB 5374, HB 5379, HB 5380, HB 5381, HB 5382, HB 5384, HB 5385, HB 5389, HB 5390, HB 5391, HB 5393, HB 5394, HB 5398, HB 5399
ENROLLED
May 9 - HB 467, HB 1207, HB 2183, HB 2308