SIXTY-FIRST DAY --- THURSDAY, MAY 11, 2023
The house met at 10:25 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 1484).
Present — Mr. Speaker(C); Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; 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.
Absent, Excused — Sherman.
Absent — Bonnen; Darby; Manuel; Ortega.
The invocation was offered by the Reverend Jakob N. Hurlimann, chaplain, as follows:
Almighty ever-living God, with you we find life, meaning, an attractiveness to every moment. Draw us deeper into yourself today. We recognize our own neediness upon your constant direction and presence in our lives to do anything that pleases you. May we never offer anything evil, but work to avoid sin and pursue virtue. Protect all those here present form any temptation especially towards division and envy as they go about their work of legislation today. We ask this through Christ our Lord. Amen.
The chair recognized Representative Thimesch who led the house in the pledges of allegiance to the United States and Texas flags.
CAPITOL PHYSICIAN
The chair presented Dr. Linda May of San Antonio as the "Doctor for the Day."
The house welcomed Dr. May and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Metcalf and by unanimous consent, the reading and referral of bills was postponed until just prior to final recess.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today and the remainder of the week because of important business in the district:
Sherman on motion of Collier.
(Darby now present)
HR 258 - INTRODUCTION OF GUESTS
The chair recognized Representative Martinez who introduced representatives of St. Mary's University School of Law.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 17).
COMMITTEE GRANTED PERMISSION TO MEET
Representative T. King requested permission for the Committee on Natural Resources to meet while the house is in session, at 3 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 10:39 a.m., the following committee meeting was announced:
Natural Resources, 3 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
(Ortega now present)
CSHB 4771 - NOTICE GIVEN
At 10:50 a.m., pursuant to the provisions of Rule 7, Section 37(c), of the House Rules, Representative Jetton gave notice that he would, in one hour, move to reconsider the vote by which CSHB 4771 failed to pass to engrossment by Record No. 1481 on May 10.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Oliverson requested permission for the Committee on Insurance to meet while the house is in session, at 2 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 10:51 a.m., the following committee meeting was announced:
Insurance, 2 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
HR 1716 - ADOPTED
(by Wilson)
Representative Wilson moved to suspend all necessary rules to take up and consider at this time HR 1716.
The motion prevailed.
The following resolution was laid before the house:
HR 1716, Recognizing May 11, 2023, as World War II Veterans Capitol Day.
HR 1716 was adopted.
On motion of Representative Cortez, the names of all the members of the house were added to HR 1716 as signers thereof.
(Bonnen now present)
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 876 ON THIRD 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 - REMARKS
REPRESENTATIVE BUCKLEY: SB 876 reforms the Texas Licensed Breeders Program because for too many puppies in Texas, life is too "ruff."
SB 876 was passed by (Record 1485): 119 Yeas, 23 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Ashby; Bailes; Bell, C.; Cain; Clardy; Collier; Craddick; Harris, C.J.; Hefner; Kacal; Klick; Metcalf; Murr; Price; Schaefer; Schatzline; Slawson; Smithee; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent — González, M.; Harrison; King, T.; Manuel; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1485 was taken, I was shown voting yes. I intended to vote yes.
Canales
When Record No. 1485 was taken, I was shown voting no. I intended to vote yes.
Collier
When Record No. 1485 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
When Record No. 1485 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1485 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
When Record No. 1485 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1485 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
REMARKS ORDERED PRINTED
Representative Zwiener moved to print all remarks on SB 876.
The motion prevailed.
(Goldman in the chair)
SB 855 ON THIRD READING
(Hull, Leach, J.E. Johnson, Vasut, and Moody - House Sponsors)
SB 855, A bill to be entitled An Act relating to judicial training requirements regarding family violence.
SB 855 was passed by (Record 1486): 134 Yeas, 6 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; 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; Leach; Leo-Wilson; Longoria; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Cain; Gates; Hayes; Schaefer; Toth; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Flores; González, M.; Lopez, J.; Manuel; Schofield; Thierry.
STATEMENTS OF VOTE
When Record No. 1486 was taken, I was in the house but away from my desk. I would have voted yes.
Flores
When Record No. 1486 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1486 was taken, I was in the house but away from my desk. I would have voted yes.
J. Lopez
When Record No. 1486 was taken, I was shown voting no. I intended to vote yes.
Wilson
SB 1319 ON THIRD READING
(Turner, Goldman, Goodwin, Harless, and Lujan - 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 passed by (Record 1487): 126 Yeas, 12 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman(C); González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; 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; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Nays — Ashby; Cain; Clardy; Gates; Harrison; Hefner; Morales, C.; Noble; Schaefer; Schatzline; Slawson; Toth.
Present, not voting — Mr. Speaker.
Absent, Excused — Sherman.
Absent — DeAyala; Dutton; Goodwin; Johnson, J.D.; Leach; Leo-Wilson; Manuel; Thierry; Zwiener.
STATEMENTS OF VOTE
When Record No. 1487 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1487 was taken, I was in the house but away from my desk. I would have voted yes.
DeAyala
When Record No. 1487 was taken, I was in the house but away from my desk. I would have voted yes.
Goodwin
When Record No. 1487 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1487 was taken, I was shown voting yes. I intended to vote no.
Lambert
COMMITTEE GRANTED PERMISSION TO MEET
Representative Herrero requested permission for the Committee on Corrections to meet while the house is in session, at 12 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 11:25 a.m., the following committee meeting was announced:
Corrections, 12 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
COMMITTEES GRANTED PERMISSION TO MEET
Representative Guillen requested permission for the Committee on Homeland Security and Public Safety to meet while the house is in session, at 3 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 11:26 a.m., the following committee meeting was announced:
Homeland Security and Public Safety, 3 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
SB 1650 ON THIRD 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 passed by (Record 1488): 130 Yeas, 3 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; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; 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; 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; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schofield; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Patterson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Anderson; Bryant; Canales; Dutton; Hayes; Jones, J.; Manuel; Orr; Plesa; Rosenthal; Schatzline; Slawson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Hayes
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
J. Jones
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Rosenthal
When Record No. 1488 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
When Record No. 1488 was taken, my vote failed to register. I would have voted yes.
S. Thompson
When Record No. 1488 was taken, I was shown voting yes. I intended to vote no.
Toth
SB 888 ON THIRD READING
(Frank - House Sponsor)
SB 888, A bill to be entitled An Act relating to fire escape exemptions for certain courthouses.
SB 888 was passed by (Record 1489): 137 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; 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; 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; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Gates; Harris, C.J.; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Guerra; Hull; Jones, J.; Manuel; Schatzline.
STATEMENTS OF VOTE
When Record No. 1489 was taken, I was in the house but away from my desk. I would have voted yes.
Guerra
When Record No. 1489 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1489 was taken, I was in the house but away from my desk. I would have voted yes.
J. Jones
When Record No. 1489 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1489 was taken, I was shown voting yes. I intended to vote no.
Toth
SB 68 ON THIRD 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 passed by (Record 1490): 139 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; 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.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Gates; Schatzline; Toth.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent — Anderson; Manuel; Thierry.
STATEMENTS OF VOTE
When Record No. 1490 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1490 was taken, I was shown voting no. I intended to vote yes.
Gates
When Record No. 1490 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1490 was taken, I was shown voting no. I intended to vote yes.
Schatzline
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on HB 1:
Bonnen on motion of Metcalf.
(Manuel now present)
(Speaker in the chair)
SB 1499 ON THIRD READING
(Canales - House Sponsor)
SB 1499, A bill to be entitled An Act relating to the funding of certain port projects.
SB 1499 was passed by (Record 1491): 131 Yeas, 9 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; 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; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bumgarner; Cain; Hefner; Patterson; Shaheen; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani; Jetton; Johnson, J.D.; King, K.; Kuempel; Thierry.
STATEMENTS OF VOTE
When Record No. 1491 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1491 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 1491 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1491 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1491 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1491 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1491 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
When Record No. 1491 was taken, I was shown voting no. I intended to vote yes.
Vasut
When Record No. 1491 was taken, I was shown voting yes. I intended to vote no.
Wilson
SB 820 ON THIRD 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 passed by (Record 1492): 133 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; 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.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Dorazio; Gates; Hayes; Patterson; Schaefer; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dutton; Johnson, J.D.; King, K.; Kuempel; Vasut; Wilson.
STATEMENTS OF VOTE
When Record No. 1492 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1492 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
When Record No. 1492 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1492 was taken, I was in the house but away from my desk. I would have voted yes.
Vasut
When Record No. 1492 was taken, I was in the house but away from my desk. I would have voted yes.
Wilson
SB 1457 ON THIRD READING
(S. Thompson - House Sponsor)
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 passed by (Record 1493): 136 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; 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.E.; Jones, J.; Jones, V.; Kacal; 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; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani; DeAyala; Dutton; Johnson, J.D.; King, K.; Perez; Shaheen.
STATEMENTS OF VOTE
When Record No. 1493 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1493 was taken, I was in the house but away from my desk. I would have voted yes.
DeAyala
When Record No. 1493 was taken, I was in the house but away from my desk. I would have voted yes.
Perez
MAJOR STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 1942 ON THIRD 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 third reading consideration of HJR 102.
The motion prevailed.
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
THIRD READING
The following resolutions were laid before the house and read third time:
HJR 155 ON THIRD READING
(by Geren, Rose, Davis, Romero, et al.)
HJR 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.
Representative Geren moved to postpone consideration of HJR 155 until 3 p.m. today.
The motion prevailed.
HJR 102 ON THIRD 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.
Representative Leach moved to postpone consideration of HJR 102 until 2:30 p.m. today.
The motion prevailed.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 2843 ON SECOND READING
(by Kuempel, Rose, Davis, and Lozano)
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 on May 10, postponed until May 11, and was again postponed until this time.
Representative Kuempel moved to postpone consideration of CSHB 2843 until 3 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 4217 ON THIRD READING
(by Troxclair)
HB 4217, A bill to be entitled An Act relating to the powers of certain public utility agencies; granting the power of eminent domain.
HB 4217 was passed by (Record 1494): 125 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; 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.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Walle; Wilson; Wu; Zwiener.
Nays — Ashby; Cain; Canales; Hefner; Noble; Plesa; Ramos; Rogers; Swanson; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bernal; Bhojani; Dutton; Geren; Harrison; Hull; Johnson, J.D.; Leo-Wilson; Slawson; Vo.
STATEMENTS OF VOTE
When Record No. 1494 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1494 was taken, I was shown voting yes. I intended to vote no.
Clardy
When Record No. 1494 was taken, I was in the house but away from my desk. I would have voted yes.
Harrison
When Record No. 1494 was taken, I was in the house but away from my desk. I would have voted yes.
Hull
When Record No. 1494 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1494 was taken, I was shown voting yes. I intended to vote no.
Lambert
When Record No. 1494 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
When Record No. 1494 was taken, I was shown voting yes. I intended to vote no.
Vasut
When Record No. 1494 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 2647 ON THIRD 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 by (Record 1495): 123 Yeas, 17 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; 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; 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; Leo-Wilson; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Smithee; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; Cook; Dorazio; Hefner; Lopez, J.; Noble; Schaefer; Schatzline; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bernal; Bhojani; Dutton; Johnson, J.D.; Moody; Vo.
STATEMENTS OF VOTE
When Record No. 1495 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1495 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1495 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1495 was taken, I was shown voting yes. I intended to vote no.
Isaac
HB 1613 ON THIRD READING
(by Shine, Martinez Fischer, Kuempel, Ordaz, Slawson, et al.)
HB 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.
HB 1613 was passed by (Record 1496): 136 Yeas, 9 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; 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, 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; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Isaac; Leo-Wilson; Schaefer; Schatzline; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani.
STATEMENT OF VOTE
When Record No. 1496 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
HB 3757 ON THIRD READING
(by Wilson, Raymond, E. Morales, et al.)
HB 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.
HB 3757 was passed by (Record 1497): 131 Yeas, 14 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Hernandez; Herrero; Hinojosa; 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.; 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; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shine; Smith; Smithee; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Clardy; Hayes; Holland; Leo-Wilson; Patterson; Schaefer; Shaheen; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Johnson, J.D.
STATEMENTS OF VOTE
When Record No. 1497 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1497 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1497 was taken, I was shown voting no. I intended to vote yes.
Swanson
HB 118 ON THIRD READING
(by Cortez, et al.)
HB 118, A bill to be entitled An Act relating to health benefit plan coverage for certain tests to detect prostate cancer.
HB 118 was passed by (Record 1498): 94 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Geren; 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.; Kitzman; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bumgarner; Cain; Capriglione; Cook; Craddick; DeAyala; Dorazio; Frank; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Murr; Noble; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; 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, Excused, Committee Meeting — Bonnen.
STATEMENT OF VOTE
When Record No. 1498 was taken, I was shown voting yes. I intended to vote no.
K. Bell
HB 4837 ON THIRD READING
(by R. Lopez, Garcia, Plesa, and Collier)
HB 4837, A bill to be entitled An Act relating to a veteran housing program established by the Texas Department of Criminal Justice.
HB 4837 was passed by (Record 1499): 101 Yeas, 45 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Burns; Cain; Capriglione; Clardy; Cook; Craddick; Dean; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Klick; Landgraf; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENTS OF VOTE
When Record No. 1499 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1499 was taken, I was shown voting no. I intended to vote yes.
Clardy
HB 1338 ON THIRD READING
(by Raney)
HB 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.
HB 1338 was passed by (Record 1500): 124 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; 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.; Hefner; Hernandez; Herrero; Hinojosa; Holland; 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; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Cain; Harris, C.J.; Harrison; Hayes; Hull; Isaac; Leo-Wilson; Oliverson; Patterson; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Swanson; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Capriglione.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — VanDeaver.
STATEMENTS OF VOTE
When Record No. 1500 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1500 was taken, I was shown voting yes. I intended to vote no.
Metcalf
HB 940 ON THIRD READING
(by Dutton)
HB 940, A bill to be entitled An Act relating to the establishment of the private child care task force.
HB 940 was passed by (Record 1501): 90 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frank; Frazier; 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.; Klick; 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; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bumgarner; Cain; Capriglione; Clardy; Cook; Craddick; Dean; DeAyala; Dorazio; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Landgraf; Leach; Leo-Wilson; Metcalf; 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; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Garcia; Gates.
STATEMENTS OF VOTE
When Record No. 1501 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1501 was taken, my vote failed to register. I would have voted no.
Gates
HB 322 ON THIRD 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 Gámez offered the following amendment to HB 322:
Amend HB 322 on third reading by striking the SECTION of the bill amending Article 46B.003, Code of Criminal Procedure, and renumbering the subsequent SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
HB 322, as amended, was passed by (Record 1502): 116 Yeas, 30 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Darby; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kitzman; 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; Neave Criado; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bumgarner; Button; Cain; Canales; Craddick; Cunningham; Davis; Dean; Gates; Gerdes; Harris, C.J.; Kacal; Klick; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Orr; Price; Schaefer; Slawson; Smith; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENTS OF VOTE
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1502 was taken, I was shown voting yes. I intended to vote no.
Leach
HB 2726 ON THIRD READING
(by Klick)
HB 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.
HB 2726 was passed by (Record 1503): 143 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; 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.
Nays — Canales; Collier; Dorazio.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
HB 997 ON THIRD READING
(by Muñoz)
HB 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.
HB 997 was passed by (Record 1504): 105 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Paul; Perez; Plesa; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thompson, E.; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; Clardy; Craddick; Dean; Frank; Gates; Gerdes; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Holland; Kitzman; Klick; Leo-Wilson; Lozano; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Price; Ramos; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — González, M.; Johnson, J.D.; Morales Shaw.
STATEMENTS OF VOTE
When Record No. 1504 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1504 was taken, I was shown voting yes. I intended to vote no.
Capriglione
When Record No. 1504 was taken, I was shown voting yes. I intended to vote no.
Cook
When Record No. 1504 was taken, I was shown voting yes. I intended to vote no.
Hull
When Record No. 1504 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1504 was taken, I was shown voting no. I intended to vote yes.
Lozano
When Record No. 1504 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1504 was taken, I was shown voting no. I intended to vote yes.
Tinderholt
HB 1678 ON THIRD 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 by (Record 1505): 143 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; 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; 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.
Nays — Collier; Hinojosa; Ramos.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
HB 993 ON THIRD 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.
HB 993 was passed by (Record 1506): 73 Yeas, 71 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Collier; Cortez; Davis; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.J.; Hernandez; Herrero; Hinojosa; Howard; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bumgarner; Cain; Clardy; Cole; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Flores; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; 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, Excused, Committee Meeting — Bonnen.
Absent — Hunter; Plesa.
STATEMENTS OF VOTE
When Record No. 1506 was taken, I was shown voting yes. I intended to vote no.
Buckley
When Record No. 1506 was taken, I was shown voting no. I intended to vote yes.
Harless
When Record No. 1506 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1506 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1506 was taken, I was shown voting yes. I intended to vote no.
Kacal
When Record No. 1506 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
HB 1282 ON THIRD READING
(by Plesa, DeAyala, R. Lopez, Romero, Garcia, et al.)
HB 1282, A bill to be entitled An Act relating to county jailer training on interacting with veterans in the criminal justice system.
HB 1282 was passed by (Record 1507): 81 Yeas, 62 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Button; Campos; Capriglione; 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; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Romero; Rose; Rosenthal; Schatzline; Shine; Smith; Talarico; Tepper; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Cain; Canales; Clardy; Cook; Craddick; Darby; Dean; Dorazio; Frank; Gates; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schofield; Shaheen; Slawson; Smithee; Spiller; Stucky; Swanson; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bailes; Lalani; Reynolds.
STATEMENTS OF VOTE
When Record No. 1507 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1507 was taken, my vote failed to register. I would have voted yes.
Reynolds
When Record No. 1507 was taken, I was shown voting yes. I intended to vote no.
Schatzline
HB 1487 ON THIRD READING
(by Gerdes, Bailes, Kitzman, Holland, Murr, et al.)
HB 1487, A bill to be entitled An Act relating to the creation of a rural county law enforcement grant program.
HB 1487 was passed by (Record 1508): 144 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; 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.
Nays — Hinojosa.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Guerra.
STATEMENTS OF VOTE
When Record No. 1508 was taken, my vote failed to register. I would have voted yes.
Guerra
When Record No. 1508 was taken, I was shown voting no. I intended to vote yes.
Hinojosa
HB 1577 ON THIRD 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 by (Record 1509): 119 Yeas, 23 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bowers; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Holland; Hull; Hunter; Isaac; Jetton; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Walle; Wilson.
Nays — Anchía; Bernal; Bucy; Gámez; González, J.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Moody; Morales, C.; Ortega; Plesa; Ramos; Reynolds; Rose; Rosenthal; Talarico; Turner; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Capriglione.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Johnson, J.D.; Longoria; Thompson, S.
STATEMENT OF VOTE
When Record No. 1509 was taken, my vote failed to register. I would have voted no.
S. Thompson
HB 1667 ON THIRD READING
(by Jetton, et al.)
HB 1667, A bill to be entitled An Act relating to the reporting of child abuse or neglect.
Representative Jetton moved to postpone consideration of HB 1667 until 1 p.m. today.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Neave Criado requested permission for the Committee on County Affairs to meet while the house is in session, at 1:30 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 12:18 p.m., the following committee meeting was announced:
County Affairs, 1:30 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
HB 1990 ON THIRD 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.
HB 1990 was passed by (Record 1510): 80 Yeas, 63 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Button; Campos; Canales; Cole; Collier; Cortez; Cunningham; Davis; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Spiller; Talarico; Thierry; Thimesch; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Cain; Capriglione; Clardy; Cook; Craddick; Darby; Dean; Gates; Gerdes; Geren; Goldman; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kacal; Kitzman; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Meyer; Murr; Noble; Oliverson; Orr; Patterson; Paul; Plesa; Price; Ramos; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Flores; Jetton; Rogers.
STATEMENTS OF VOTE
When Record No. 1510 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1510 was taken, I was shown voting no. I intended to vote yes.
Plesa
When Record No. 1510 was taken, I was shown voting no. I intended to vote yes.
Ramos
HB 1367 ON THIRD 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 by (Record 1511): 127 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Holland; Howard; Hull; Hunter; Isaac; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Romero; 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; Wu.
Nays — Bucy; Gámez; González, J.; Goodwin; Johnson, A.; Jones, V.; Manuel; Morales, C.; Plesa; Rose; Rosenthal; Talarico; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bowers; Hinojosa; Jetton; Ortega; Rogers; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted no.
Hinojosa
When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1511 was taken, I was shown voting no. I intended to vote yes.
A. Johnson
When Record No. 1511 was taken, I was shown voting yes. I intended to vote no.
J. Jones
When Record No. 1511 was taken, I was shown voting no. I intended to vote yes.
Rose
When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted no.
S. Thompson
When Record No. 1511 was taken, I was shown voting no. I intended to vote yes.
Zwiener
HB 2266 ON THIRD 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.
Amendment No. 1
Representative Moody offered the following amendment to HB 2266:
Amend HB 2266 on third reading by adding the following appropriately lettered subsection to Section 60.002, Occupations Code, as added by the bill:
(____) Notwithstanding any other provision of this section:
(1) a license holder may not bring an action under this section against a municipality if the license holder is an employee of the municipality; and
(2) an association of municipal employees who are license holders may not bring an action under this section if the action relates to a local law governing the working conditions of those employees.
Amendment No. 1 was adopted.
HB 2266 - REMARKS
REPRESENTATIVE GOODWIN: I'm just trying to understand the bill. It seems like it's a local preemption bill, and so I just want to understand what you're trying to do here. Section 1 says this Act may be cited as the Regulations with Economic Impact in Need of Scrutiny—REINS Act. Can you give me an example of that?
REPRESENTATIVE LEACH: Well, I think Chairman Moody just put it really well. There's many examples of where a municipality may require more of a state license holder than the state actually requires. So a state license holder is complying with state-mandated regulations, licensing requirements, and then the city might go further than that. And all this allows—it doesn't automatically declare those restrictions void. All this allows is for the state license holder to challenge it—the judicial remedy. That's all it is. It's just an extra layer of review of the licensing requirement.
GOODWIN: I guess I'm just curious—what kind of license holders? I know Representative Moody said there are a lot. I'm a license holder. I have a real estate license. I'm not sure what is intended with this bill. Is there a specific license?
LEACH: That's a good example. Let's take your example of a real estate license holder. You have your real estate license, and you're complying with—as you're legally required to do—all of the state-mandated licensing requirements and all of the things that, we as a state, have said we're going to require of our realtors. If the City of Austin, or any other city in which you wanted to sell real estate, required more than that of you—so let's say they mandated your registration. And let's say you wanted to buy or sell a property on behalf of a client in, let's say, Lubbock County—somewhere where you don't traditionally practice. And in order to do so, Lubbock County said you have to pay this exorbitant fee in order to be able to do so. Or you have to perform these additional requirements that are not otherwise provided or required by the state. Well, then you, as the license holder, would be able to challenge that with a potential judicial remedy as unreasonable, and even unconstitutional and unlawful, under state law.
GOODWIN: So you're saying that this law would allow you to challenge it, whereas currently someone could not challenge that?
LEACH: I think that that's questioned. In some cases, you might be able to, but what this law would provide is a license holder being able to bring an action to enjoin the enforcement of a local law that regulates the occupation or the license holder's business activity. And so you could, in that situation, if you felt like it was unlawfully regulating you or preventing you from performing your business activity as a realtor, in your example, then yes, you could bring a civil action—a cause of action—in court right now to seek judicial—an enjoining of that action.
GOODWIN: Well, again, I'm just not understanding where this would be relevant. As a license holder, this state dictates—
LEACH: I just gave you a perfect example of how it could affect you in your course of business, Representative Goodwin.
GOODWIN: But the City of Austin or Travis County haven't ever done anything to enhance our requirements above the—
LEACH: And if they ever did, or if any county or any city in the state ever did, you would have this additional tool—all Texans would have this additional tool in the toolbox to challenge it. And that's what this bill provides Texans—that additional layer of protection.
GOODWIN: I guess I just don't see that it would ever be relevant to my license, as a real estate license. I just don't see a city coming in and saying we want to have extra criteria that you have to meet in order—
LEACH: I hope you're right. I hope you're right. I was just using that as an example because you mentioned you're a realtor.
GOODWIN: Right. I was hoping that maybe you could give me an example where it is relevant.
LEACH: It is relevant in your case. Can you point to a city or a county—can I point to a city or county right now that has restricted a realtor's ability to practice their business? No, I cannot. Could that happen in the future? It might. What this would do—and there are other bills this session, which we've debated vigorously on this floor, that would preempt those laws. It would render those laws void. But in a situation in which that bill did not work or if that bill doesn't pass and there is a local law that a license holder—whether it's a realtor, a plumber, or someone else—a license holder says, "Hold on, hold on. I'm complying with all of the state restrictions and all of the state requirements. I'm doing everything that I need to do that the state has told me to do, and this county or this city is going further than state law allows." Then this would simply allow them another tool in the toolbox to challenge the enforceability of that local regulation.
GOODWIN: Okay, so—
LEACH: And Representative Goodwin, to be clear, the courts may decide one way or another on this. This simply provides a forum for if my license—if my rights to practice my business activity are being violated—then I could go to a court and ask them to just simply review the facts and review the law and make a determination. I trust our courts to decide in those instances.
GOODWIN: All right. Well, it's a little bit clearer. I still don't see the need for the law, but I appreciate you answering my questions.
LEACH: I'm glad it's a little bit clearer.
HB 2266, as amended, was passed by (Record 1512): 86 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Buckley; Bumgarner; Burns; Burrows; Cain; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Moody; Morales, E.; Morrison; Muñoz; Murr; Noble; Ordaz; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schofield; Shaheen; Shine; Slawson; 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; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bell, K.; Button; Gates; Oliverson; Schatzline; Smith; Wu; Zwiener.
STATEMENTS OF VOTE
When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted yes.
K. Bell
When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted yes.
Button
When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 1512 was taken, I was shown voting yes. I intended to vote no.
E. Morales
When Record No. 1512 was taken, I was shown voting yes. I intended to vote no.
Ordaz
When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
HB 2702 ON THIRD READING
(by Guillen)
HB 2702, A bill to be entitled An Act relating to payments associated with certain medical examinations under the workers' compensation system; imposing a fee.
HB 2702 was passed by (Record 1513): 135 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Clardy; Harrison; Klick; Lambert; Noble; Schaefer; Stucky; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENTS OF VOTE
When Record No. 1513 was taken, I was shown voting yes. I intended to vote no.
C.J. Harris
When Record No. 1513 was taken, I was shown voting yes. I intended to vote no.
Isaac
SB 1449 - RECOMMITTED
Representative Neave Criado moved to recommit SB 1449 to the Committee on County Affairs.
The motion prevailed.
HB 3862 ON THIRD 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.
Amendment No. 1
Representative Goldman offered the following amendment to HB 3862:
Amend HB 3862 on third reading on page 1, line 8, by striking "must" and substituting "shall".
Amendment No. 1 was adopted.
HB 3862, as amended, was passed by (Record 1514): 145 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; 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.
Nays — Leach.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENT OF VOTE
When Record No. 1514 was taken, I was shown voting no. I intended to vote yes.
Leach
HB 3810 ON THIRD 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.
HB 3810 was passed by (Record 1515): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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, 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; 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, Excused, Committee Meeting — Bonnen.
Absent — King, K.; Longoria.
STATEMENT OF VOTE
When Record No. 1515 was taken, I was in the house but away from my desk. I would have voted yes.
K. King
HB 3949 ON THIRD READING
(by Raney)
HB 3949, A bill to be entitled An Act relating to arbitration of certain controversies involving members of certain nonprofit entities.
HB 3949 was passed by (Record 1516): 142 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; 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.
Nays — Canales.
Present, not voting — Mr. Speaker(C); Ashby.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Hayes; Jones, V.
STATEMENTS OF VOTE
When Record No. 1516 was taken, I was in the house but away from my desk. I would have voted yes.
Hayes
When Record No. 1516 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
HB 3346 ON THIRD READING
(by J. Jones)
HB 3346, A bill to be entitled An Act relating to the administration of medication to certain persons in the custody of a sheriff.
HB 3346 was passed by (Record 1517): 87 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Flores; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Lambert; Leach; Longoria; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Stucky; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu.
Nays — Allison; Anderson; Bell, C.; Bell, K.; Buckley; Bumgarner; Burrows; Button; Cain; Craddick; Dean; DeAyala; Dorazio; Frank; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Isaac; Kacal; Kitzman; Klick; Kuempel; Landgraf; Leo-Wilson; Lozano; Metcalf; Oliverson; Orr; Patterson; Paul; Price; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dutton; Goodwin; Hull; Hunter; King, K.; Lopez, J.; Zwiener.
STATEMENTS OF VOTE
When Record No. 1517 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 1517 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1517 was taken, I was in the house but away from my desk. I would have voted yes.
Dutton
When Record No. 1517 was taken, I was in the house but away from my desk. I would have voted yes.
Goodwin
When Record No. 1517 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1517 was taken, I was in the house but away from my desk. I would have voted no.
J. Lopez
REMARKS ORDERED PRINTED
Representative Goodwin moved to print remarks between Representative Leach and Representative Goodwin on HB 2266.
The motion prevailed.
HB 3603 ON THIRD 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 by (Record 1518): 140 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Cain; Dean; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Thompson, S.
STATEMENTS OF VOTE
When Record No. 1518 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1518 was taken, I was shown voting yes. I intended to vote no.
Isaac
HB 3452 ON THIRD 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.
Representative Slawson moved to postpone consideration of HB 3452 until 4 p.m. today.
The motion prevailed.
HB 3009 ON THIRD 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.
HB 3009 was passed by (Record 1519): 142 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; 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; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Canales; Hunter.
STATEMENTS OF VOTE
When Record No. 1519 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1519 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1519 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 1519 was taken, I was shown voting no. I intended to vote yes.
Vasut
HB 3220 ON THIRD 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.
HB 3220 was passed by (Record 1520): 89 Yeas, 55 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burrows; Button; Campos; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; 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; Noble; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bell, C.; Buckley; Bumgarner; Burns; Cain; Capriglione; Craddick; Dean; Dorazio; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Oliverson; Orr; Patterson; Paul; Price; Schaefer; Schatzline; Schofield; Shaheen; 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, Excused, Committee Meeting — Bonnen.
Absent — Canales; DeAyala.
STATEMENTS OF VOTE
When Record No. 1520 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1520 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 1520 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1520 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 1520 was taken, I was shown voting no. I intended to vote yes.
Gates
HB 895 ON THIRD 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 was passed by (Record 1521): 89 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cook; Cortez; Darby; Davis; Dutton; Flores; Frazier; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, T.; Lalani; Lambert; Leach; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Schofield; Smithee; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Capriglione; Clardy; Craddick; Cunningham; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Jetton; King, K.; Kitzman; Klick; Kuempel; Landgraf; Leo-Wilson; Lujan; Metcalf; Morrison; Murr; Noble; Orr; Paul; Price; Rogers; Schaefer; Shine; Slawson; Smith; Spiller; Tepper; Thimesch; Thompson, E.; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Cain; Gámez; Jones, V.; Longoria; Shaheen.
STATEMENTS OF VOTE
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1521 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Schatzline
When Record No. 1521 was taken, I was in the house but away from my desk. I would have voted no.
Shaheen
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 1521 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 408 ON THIRD READING
(by Collier)
HB 408, A bill to be entitled An Act relating to the eligibility requirements for a license to carry a handgun.
HB 408 - REMARKS
REPRESENTATIVE V. JONES: Thank you, Representative Collier. Could you please share who brought you this bill?
REPRESENTATIVE COLLIER: My justice of the peace in southeast Fort Worth.
V. JONES: Justice of the peace, okay. And what type of offenses will be removed from the provision of making a person ineligible for obtaining a handgun license?
COLLIER: We don't change who's ineligible, but aggravated robbery would still be ineligible—first-degree burglary, still ineligible. All we're doing is redefining how the word "convicted" is interpreted when you're talking about deferred adjudication for those who have a non-aggravated robbery or burglary of a habitat. And those individuals who successfully complete the deferred adjudication—after 10 years of good behavior and no disqualifying behavior—would be eligible to apply for a license to carry. Which would enable them to look for work that requires that type of license.
V. JONES: Thank you very much, ma'am. For those of us that don't work in the legal field like yourself, could you explain what deferred adjudication is?
COLLIER: Sure, it's a court ordered program. It's something that the court can order based on your type of offense. And if the court sees fit, they can allow you to enter into a deferred adjudication where there is no adjudication—meaning no decision of guilt or innocence on a particular offense—if you complete certain conditions and terms as set out by the court. And if you do that, in the Texas Penal Code, your deferred adjudication—if you successfully complete all the terms and conditions—you do not have a final conviction. However, what we're trying to fix is the Local Government Code, which interprets a deferred adjudication for the offense of non-aggravated robbery and burglary of a habitat as a conviction, even though the person completed all of the terms. We're just trying to fix that and make sure that we have a parity in the law and to provide an opportunity for those individuals, after 10 years of good behavior—no disqualifying behavior—the ability to apply. Again, DPS still makes the final decision, but we're just removing that barrier to applying for a license to carry. Because remember, these individuals that we're applying this to currently can carry under constitutional carry. But they cannot apply for a license to carry, which is a barrier to employment, and we want to make sure that these individuals can have access to their future.
V. JONES: Thank you very much. I have one more question. What groups are in support of this bill that you are proposing?
COLLIER: My constituents.
V. JONES: Thank you so much, ma'am. I really appreciate it.
HB 408 was passed by (Record 1522): 141 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; 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; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Canales; Cunningham; Hinojosa; Morales Shaw; Thimesch.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENTS OF VOTE
When Record No. 1522 was taken, I was shown voting no. I intended to vote yes.
Cunningham
When Record No. 1522 was taken, I was shown voting yes. I intended to vote no.
Muñoz
When Record No. 1522 was taken, I was shown voting no. I intended to vote yes.
Thimesch
REMARKS ORDERED PRINTED
Representative Manuel moved to print remarks between Representative Collier and Representative V. Jones on HB 408.
The motion prevailed.
HB 1351 ON THIRD READING
(by Hernandez, Plesa, and Davis)
HB 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.
HB 1351 was passed by (Record 1523): 112 Yeas, 34 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; 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; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; DeAyala; Dorazio; Gates; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Holland; Hull; Isaac; Jetton; Lambert; Oliverson; Orr; Patterson; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENTS OF VOTE
When Record No. 1523 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1523 was taken, I was shown voting yes. I intended to vote no.
Hefner
When Record No. 1523 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1523 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1523 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
HB 1529 ON THIRD READING
(by Campos)
HB 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.
HB 1529 was passed by (Record 1524): 97 Yeas, 48 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Davis; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harrison; Hernandez; Herrero; Hinojosa; Howard; Hull; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Noble; Ordaz; Ortega; Perez; Plesa; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Swanson; Talarico; Thierry; Thimesch; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Buckley; Bumgarner; Burns; Cain; Clardy; Darby; Dean; DeAyala; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Isaac; Lambert; Landgraf; Metcalf; Morrison; Murr; Oliverson; Orr; Patterson; Paul; Price; Ramos; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Tepper; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Hunter.
STATEMENTS OF VOTE
When Record No. 1524 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1524 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1524 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 1524 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
HB 1985 ON THIRD 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 by (Record 1525): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; 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, Excused, Committee Meeting — Bonnen.
Absent — Cole; Gámez; Goodwin; Johnson, A.; Longoria; Thierry.
STATEMENT OF VOTE
When Record No. 1525 was taken, I was in the house but away from my desk. I would have voted yes.
Gámez
HB 2327 ON THIRD 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.
Amendment No. 1
Representative Goldman offered the following amendment to HB 2327:
Amend HB 2327 on third reading on page 1, line 20, by striking "September 1, 2023" and substituting "January 1, 2024".
Amendment No. 1 was adopted.
HB 2327, as amended, was passed by (Record 1526): 145 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; 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.
Nays — Canales.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
HB 2019 ON THIRD READING
(by Neave Criado, Cook, and Collier)
HB 2019, A bill to be entitled An Act relating to the statute of limitations for certain burglary offenses.
HB 2019 was passed by (Record 1527): 139 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; 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; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; 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 — Canales; Orr.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Cain; Johnson, J.D.; Klick; Longoria; Moody.
STATEMENTS OF VOTE
When Record No. 1527 was taken, I was shown voting yes. I intended to vote no.
Muñoz
When Record No. 1527 was taken, I was shown voting no. I intended to vote yes.
Orr
HB 2297 ON THIRD 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 by (Record 1528): 144 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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; 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.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Tinderholt.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Hull.
STATEMENT OF VOTE
When Record No. 1528 was taken, I was shown voting yes. I intended to vote no.
Toth
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 1667 ON THIRD READING
(by Jetton, et al.)
HB 1667, A bill to be entitled An Act relating to the reporting of child abuse or neglect.
HB 1667 was read third time earlier today and was postponed until this time.
Representative Slawson moved to postpone consideration of HB 1667 until 4 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
HB 2646 ON THIRD READING
(by J.D. Johnson)
HB 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.
HB 2646 was passed by (Record 1529): 77 Yeas, 63 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Campos; Clardy; Cole; Collier; Cortez; Cunningham; Davis; Dutton; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Lalani; Longoria; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rose; Rosenthal; Smithee; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Buckley; Bumgarner; Burrows; Button; Cain; Capriglione; Cook; Craddick; Darby; 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; Leach; Leo-Wilson; Lopez, J.; Lujan; Metcalf; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Canales; Flores; González, M.; Hunter; Neave Criado; Romero.
STATEMENTS OF VOTE
When Record No. 1529 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1529 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1529 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
HB 5081 ON THIRD READING
(by Wilson, et al.)
HB 5081, A bill to be entitled An Act relating to certain motor vehicle safety inspection fees.
HB 5081 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE WU: I had some constituents call asking questions about this legislation. The point of this legislation is to make sure that the vehicle inspection process is self-sustainable and that the shops who do this can actually hire enough people to make sure that the services that the state requires actually get done, correct?
REPRESENTATIVE WILSON: That is correct. The keywords are "the services the state requires." A lot of them are getting out of doing that simply because it's unaffordable at this time and it's creating long wait lines and so forth.
WU: And so if we don't have this piece of legislation, then the easy answer is that our constituents would have to wait in long lines—would have to wait days, if not weeks—to get an appointment to get their vehicles done, correct?
WILSON: Even worse, if you're in West Texas, you have to drive 30 or so miles just to get to the next town to find a station to do it.
WU: The question that I have—that my constituents had—is that this ties the cost of the fee that's allowed to be retained by the shop to the state salary group A6. Is that correct?
WILSON: It does. That is the lowest salary platform, as you are a state employee.
WU: So because A6 is a salary range and not a discreet amount—the low end being $26,000 a year and the high end being $36,000 a year—what would the actual hourly rate be for this legislation?
WILSON: That's a good question. What we have, with the range, would be a $13.35 per hour wage.
WU: This exact amount would be decided by DPS, as stated in your bill?
WILSON: Yes, sir. I think it's—well, it is within the Public Transportation Code, the Department of Public Safety—
WU: "Section 2. The Department of Public Safety shall adopt"—
WILSON: Yes, that's correct.
WU: What is the expected amount for 2024, if this legislation passes?
WILSON: I would suspect that it would be—since there could possibly be a change as of September 1. I would still see that it would be $14 or less. But I would say that there is also an additional $5.50 that is collected on behalf of the state, but it would graduate the inspection stations going from $7 per inspection to somewhere $13.35 to around $14, I would suspect.
WU: Thank you so much.
(Goldman in the chair)
REMARKS ORDERED PRINTED
Representative Wu moved to print remarks between Representative Wilson and Representative Wu on HB 5081.
The motion prevailed.
HB 5081 was passed by (Record 1530): 122 Yeas, 13 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Hefner; Hernandez; Herrero; Hinojosa; Holland; 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; 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; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shaheen; Shine; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Gerdes; Harless; Harris, C.J.; Harrison; Hayes; Isaac; Leo-Wilson; Morrison; Schaefer; Swanson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dean; Dutton; Hull; Leach; Lozano; Orr; Schatzline; Schofield; Slawson; Smith.
STATEMENTS OF VOTE
When Record No. 1530 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1530 was taken, I was in the house but away from my desk. I would have voted no.
Dean
When Record No. 1530 was taken, I was temporarily out of the house chamber. I would have voted yes.
Orr
When Record No. 1530 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 1530 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
HB 3957 ON THIRD 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.
HR 3957 - REMARKS
REPRESENTATIVE S. THOMPSON: Representative Smith, if I'm understanding correctly, this is a pilot program for the benefit of the criminal law area, right?
REPRESENTATIVE SMITH: Yes.
S. THOMPSON: And this is not going to be utilized to determine whether or not a person should be denied insurance or anything like that?
SMITH: Absolutely not, ma'am. No. This will be the DNA that's taken from a person accused of a crime at the time they're arrested or after they're convicted.
S. THOMPSON: And none of the DNA would be utilized by insurance companies to deny benefits later on to persons?
SMITH: No, ma'am.
REMARKS ORDERED PRINTED
Representative S. Thompson moved to print remarks between Representative Smith and Representative S. Thompson on HB 3957.
The motion prevailed.
HB 3957 was passed by (Record 1531): 136 Yeas, 5 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; 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.; 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; 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; 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 — Cain; Harrison; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker; Goldman(C); Schaefer.
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Canales; Lalani; Perez.
STATEMENTS OF VOTE
When Record No. 1531 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1531 was taken, I was in the house but away from my desk. I would have voted yes.
Perez
When Record No. 1531 was taken, I was shown voting present, not voting. I intended to vote no.
Schaefer
HB 4540 ON THIRD READING
(by Longoria, Rose, Lambert, Rogers, and Cook)
HB 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.
HB 4540 was passed by (Record 1532): 118 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Cain; Dean; Gates; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Isaac; Leo-Wilson; Metcalf; Schaefer; Schatzline; Slawson; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Capriglione; Davis; Frank; Lambert; Manuel; Orr; Smith.
STATEMENTS OF VOTE
When Record No. 1532 was taken, my vote failed to register. I would have voted yes.
Manuel
When Record No. 1532 was taken, I was temporarily out of the house chamber. I would have voted yes.
Orr
HB 2242 ON THIRD 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.
HB 2242 was passed by (Record 1533): 89 Yeas, 49 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bryant; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Darby; Davis; Dean; Dutton; Flores; Frank; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; 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; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smithee; Stucky; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu.
Nays — Anderson; Bell, C.; Buckley; Burns; Cain; Capriglione; Cook; Craddick; Cunningham; DeAyala; Dorazio; Frazier; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Landgraf; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bowers; Burrows; Goodwin; Klick; Lalani; Morales Shaw; Zwiener.
STATEMENTS OF VOTE
When Record No. 1533 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1533 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 1533 was taken, I was in the house but away from my desk. I would have voted yes.
Goodwin
When Record No. 1533 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1533 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
When Record No. 1533 was taken, I was in the house but away from my desk. I would have voted yes.
Zwiener
HB 2476 ON THIRD READING
(by Garcia, Shine, R. Lopez, Thierry, Morales Shaw, et al.)
HB 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.
HB 2476 was passed by (Record 1534): 100 Yeas, 39 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Buckley; Bucy; Burns; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Holland; 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; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Rogers; Romero; Rose; Shaheen; Shine; Smith; Smithee; Stucky; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Bumgarner; Cain; Craddick; DeAyala; Dorazio; Gates; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Isaac; Klick; Leach; Leo-Wilson; Metcalf; Morrison; Noble; Oliverson; Orr; Patterson; Paul; Price; Schaefer; Schatzline; Schofield; Slawson; Spiller; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bryant; Burrows; Hull; Manuel; Raney; Rosenthal.
STATEMENTS OF VOTE
When Record No. 1534 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1534 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1534 was taken, I was in the house but away from my desk. I would have voted yes.
Rosenthal
When Record No. 1534 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 2234 ON THIRD READING
(by S. Thompson, Garcia, Collier, et al.)
HB 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.
HB 2234 was passed by (Record 1535): 131 Yeas, 9 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; 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.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thompson, E.; Thompson, S.; Toth; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Canales; Cunningham; Gates; Price; Slawson; Swanson; Thimesch; Tinderholt.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Lopez, J.; Oliverson; Schofield; Troxclair; Vasut.
STATEMENTS OF VOTE
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1535 was taken, I was in the house but away from my desk. I would have voted no.
J. Lopez
When Record No. 1535 was taken, I was shown voting yes. I intended to vote no.
Toth
HB 3266 ON THIRD 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 Moody offered the following amendment to HB 3266:
Amend HB 3266 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 46.06, Penal Code, is amended by amending Subsections (a), (c), and (d) and adding Subsection (c-1) to read as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give:
(A) to a [any] child younger than 18 years of age a [any firearm,] club, [or] location-restricted knife, or firearm other than a semiautomatic rifle described by Paragraph (B); or
(B) to a person younger than 21 years of age a semiautomatic rifle that is capable of accepting a detachable magazine and that has a caliber greater than .22;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
(A) the person's release from confinement following conviction of the felony; or
(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered;
(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or
(7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is:
(A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and
(B) submitted to a [licensed] firearms dealer licensed under[, as defined by] 18 U.S.C. Section 923.
(c) It is an affirmative defense to prosecution under Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.
(c-1) It is an exception to the application of Subsection (a)(2)(B) that:
(1) the semiautomatic rifle is transferred to a recipient who:
(A) is a peace officer; or
(B) is currently serving in or has been honorably discharged from the United States armed forces; or
(2) the transfer of the semiautomatic rifle is a temporary loan to a person who is to carry or use the semiautomatic rifle only:
(A) while in the presence of the transferor;
(B) while on property owned or leased by the transferor;
(C) on the premises of a sport shooting range, as defined by Section 250.001, Local Government Code, and solely for the purpose of shooting targets at the range;
(D) for the purpose of lawful hunting or sporting, or for lawful recreational activity; or
(E) at a lawful competition involving the use of a firearm.
(d) An offense under this section is a Class A misdemeanor, except that:
(1) an offense under Subsection (a)(2)(A) [(a)(2)] is a state jail felony if the weapon that is the subject of the offense is a handgun; and
(2) an offense under Subsection (a)(2)(B) or (a)(7) is a state jail felony.
SECTION ____. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE MOODY: I want to be very clear to the body. The language that you see in front of you as an amendment is the substantive provisions of Chairman King's HB 2744—the response to the Uvalde mass shooting that would raise the age to purchase most rifles from 18 to 21. This is the same bill that earlier this week was voted out 8 to 5 by a committee in a bipartisan fashion. The bill allows people, age 18 to 20, to own a .22-caliber rifle. It allows them to possess a rifle in the presence of a lawful transferor, on private property, while hunting, at a range, or for shooting sport. It also doesn't apply to those working in law enforcement or the military. That is what it does.
REPRESENTATIVE T. KING: I want to thank you, Mr. Chairman, for bringing this amendment to the bill. This bill—there's been some allegations that it would stop an adult from buying one of these types of weapons for his child to use on their ranch or anything, but there are some exemptions in this bill. Can you tell us about those?
MOODY: I think the exemptions—which you worked on painstakingly to make this as narrow as possible, because we know there's litigation in this arena, and a lot of it's going to be based on the narrowness of the legislation itself. And so the exceptions include, particularly the one that you're talking about, if they're in the presence of a lawful transferor, on private property, while hunting or at a range, or if they're shooting sport. All those activities are not gathered up in the provisions of this amendment.
T. KING: So there's an exemption for peace officers, correct?
MOODY: There's also an exemption for peace officers. And in fact, when there were concerns raised to your office about folks in the military—because you have folks in the military that are under 21—and your response was, and I think rightfully so, to exclude them out of the bill. And they're not in this amendment either.
T. KING: And there's an exemption for folks that are honorably discharged from the United States Armed Forces?
MOODY: It includes them as well. Yes, sir.
T. KING: Thank you. And if you've already said this, I apologize. I couldn't hear you. There's an exemption for the transferor of the semiautomatic rifle to a person to carry while in the presence of the transferor, while on the property owned or leased by the transferor, on the premises of the sport shooting ranges, for the purpose of lawful hunting or sporting, at a lawful competition involving the use of a firearm. So that covers the instance where if someone wanted their 16-year-old, for example—or 15-year-old—to have one of these weapons with them when they were driving around on their ranch or something like that, wouldn't it?
MOODY: Yes, sir. It covers all of those instances because those were the concerns that were raised. And in your work, which was diligent and thorough, you addressed them by taking them out of the bill. In fact, I do not know of any group that came forward to you with an objectively reasonable scenario and a fact pattern that you didn't say, "I will write that out of the bill." So distilled down, once you get past all those exceptions, all the amendment says is that someone between the age of 18 and 20, totally unsupervised, can't go and purchase a high-powered rifle.
T. KING: Mr. Chairman, do you remember how old you were when you got your first rifle?
MOODY: I remember shooting a rifle sometime in my late teens.
T. KING: Well, I've seen you shoot before, and it's pretty impressive, by the way.
MOODY: I was much older than that.
T. KING: I think I was 12 years old or 14 years old when I got a rifle. It was a .22—single-shot .22, and then later on, I got a deer rifle, which was a Remington, and it had five shots in it, but it was a bolt-action deer rifle like all people use. Is there anything in this bill that would keep a teenager, or an 18-year-old for example, from being able to buy any of those types of rifles?
MOODY: No, in fact you specifically excepted them from the provisions of the bill, and that's exactly what's mirrored in the amendment that's before the body.
T. KING: So the rifle that nearly everybody got when they were a teenager, or the first rifle they bought, is not affected by this bill at all?
MOODY: No, not at all.
T. KING: I think you've got a great amendment.
REPRESENTATIVE MARTINEZ FISCHER: Chairman Moody, I appreciate the amendment. There's a lot of emotion in what we do every day, but with regard to this amendment, it's particularly emotional. Please tell us why this, in many instances, is a personal decision to have this kind of discussion because I know it affects us all.
MOODY: It does. And sadly it's likely to impact more of us in a more profound way in the near future. But for me, after what happened in El Paso and then being asked to travel to Uvalde, I distinctly remember a couple of the family members noting that I was from El Paso. And they said, "You know nothing's going to change. What's different? What's going to change?" And I told them that you have to have hope or you shouldn't be in this business. I promised those families—just like I promised those in El Paso—that I would fight every hour, every minute, every day that I was in this body to address safety. And I still have that hope today, and I am still fighting today because that was my promise and will remain my promise.
MARTINEZ FISCHER: And part of our job—I mean, so much is not known. People think we come here, we push a button, and we propose legislation. But every single day we're trying to figure out ways to advocate for our constituents, the people that we love, and those that live in this great state. And that's all you're doing with this amendment—finding opportunities so that we can be heard, have a chance to have this discussion, have this vote, and make a policy choice. That's what this is about, right?
MOODY: This is a policy discussion that deserves to be had, and there are many ways to get there. One of the ways is to bring an amendment to the floor, and that's what we did today. And I tell you, it seems like a lifetime ago already, but just earlier this week, when the substance of this amendment was voted out as a bill, I took note of something. I've been around the families from Uvalde for near on a year now. Not once before that day had I ever seen any one of them smile. Not one of them had I seen shed a tear out of anything but sadness, not once had I hugged them and felt that there was some hope and warmth—until that vote. Those folks deserve this conversation, and they deserve to have that hope going forward.
MARTINEZ FISCHER: With regard to this amendment and what you're seeking to accomplish, what concerns me as a body is we try to narrowly focus on this issue of the right to bear arms. And what we are talking about is responsible limitations that because of your advocacy and many others—and because families have not given up and have transformed their mission to say, "We're not going to let this tragedy define us. We're going to continue to make change." This is really just a sensible solution to prevent future acts of mass violence, don't you agree?
MOODY: Absolutely. And Mr. Martinez Fischer, the point you raise is exactly what I've been trying to talk to folks about for a long time. We talk all about rights, but never about responsibility. That's what this amendment is about—being responsible. And let me be clear, had this been law last year at this time: Those teachers and those kids would be alive today, full stop.
MARTINEZ FISCHER: Listening to you say that, I can't even see you; I just have a vision and an image in front of me in mind, in my heart, about a very sad day that we will never forget. You don't even have to live in Uvalde. You don't even have to live in Texas. If you have an internet signal, you know. I was looking at some coverage about mass violence and semiautomatic weapons. I mean, it's coming up in foreign languages about things happening in this state. It is about responsibility, and I think that mindset, hopefully, is changing. I hope that today on this vote, we're not voting on whether we have arms, we're voting on whether we want responsible ownership—which I think is what your amendment does.
MOODY: This is a very narrowly drafted change in the law that Mr. King has worked on for months and understanding the litigation that's pending, understanding how you have to be nuanced when you regulate in this space. It is as narrow as it possibly could be drawn. It takes into account every exception and every concern that was brought to his office. So why can't we have this discussion about responsible gun ownership?
MARTINEZ FISCHER: Chair Moody, what I'm fearful of is just sort of the continuity and the repetition of weapons like these being involved in mass violence. And I want your opinion, but my assessment is that you read an article about mass violence, and it's very quick to point out who was the shooter, who were the victims, and then right next to that is what kind of weapon was used. I worry about that as a trend. That now, it almost seems like it's part of the story—that those three items are always in the top paragraph. The names may be different, the location may be different—may be in a different city—but the one thing that's always consistent is that there was a semiautomatic rifle involved in these mass violence events. Do you see it that way?
MOODY: Yes, that's certainly been the trend in the recent past. And these are weapons that can do an extreme amount of damage in a very short period of time. And when you marry that with youthful folks that have no supervision, like the attacker in Uvalde—who by the way made attempts to purchase before he turned 18 and was thwarted at every turn. Every turn he was thwarted. So our law worked. For those people that say, "Only the good people follow the laws," that's presuming that there's this bizarre world that bad guys operate in that we don't operate in. If there's impediments in the world, they exist for all of us, not just some of us. And this is the concrete example of how our laws do work to thwart bad actors. In this case, once the impediment was removed, a massacre occurred.
MARTINEZ FISCHER: Help me, because I know part of the counterargument would be, "Well, you don't have to be 21 to serve in the military and hold one of these rifles and use one of these rifles." But you have to be 21 to buy beer. So help the body understand the rationale that we have such a high bar for the purchase and consumption of alcohol, but we have such a low bar for a semiautomatic weapon.
MOODY: I've heard some of the discussion around that. I certainly think that we have an obligation to be as responsible as we can be. Part of the reason why you have limitations on alcohol and things like that is the effect that it has on that individual when they are young, when they're still developing. The brain's still developing, and the body's still developing. You've seen this in other conversations about other substances as well. There are more profound impacts, and so you want to expand that out to a higher age. We know the brain science here, too, and the behavior of people that are of this age group. And so when we're talking about a lethal weapon and one that can create very significant damage very quickly, I think the treatment should be at least similar. Now, you did raise the issue of being in the military. I think Mr. King was very clear that if you are in the military, and that's the decision you made—which is a brave decision to make—we're not going to impede you with this amendment. This amendment would not impact you one bit. So if you are bravely making that sacrifice and are being on the front lines, then this wouldn't apply to you.
MARTINEZ FISCHER: That was a conversation with Chair King. I know members were milling around, and it's the last day to pass bills so everybody's busy, but that was the essence of the discussion. This amendment is not an attempt on somebody's hunting rifle or to put some across-the-board age limit. Please tell the body one more time, what is this amendment in the narrow limitation here?
MOODY: When you distill it down, with all the exceptions that we've discussed, what the core of the amendment does is it says someone between the ages of 18 and 20, when totally unsupervised, can't go and purchase a high-powered rifle by themselves. That's it.
REPRESENTATIVE WALLE: Chairman Moody, you spent time in Uvalde, is that correct?
MOODY: Yes, sir.
WALLE: You and Chairman Burrows, together along with staff, spent a significant amount of time working on an investigation and a report. Is that correct?
MOODY: Yes, sir.
WALLE: You were privy to a lot of documents, photos, and interactions sitting down with family members, is that my understanding?
MOODY: We were given the entire investigative file by the Department of Public Safety. We, as a committee, interviewed a number of witnesses. We personally went to the school and into the hallway. We met with family members, we met with the teachers that were there, and we met with law enforcement that had first responded. I think it was probably the most thorough investigation of its type.
WALLE: One of the number one recommendations of—I don't want to say recommendations, but understandings of that work was this amendment. This is what the families want, is that—
MOODY: The purpose of the investigation, and I want to be clear—the investigative committee was not asked to provide legislative recommendations. What we were asked to do is set level the facts—what happened. Because in the aftermath of this tragedy, there was confusion about basic facts. There was no trust in the government actors that were providing the facts and the information. So our task—which I believe was probably an incredibly tall task—was to set level and create trust in the information being provided. And so what we did was provide that information. As an extension of that—I believe when you set level the facts, people like you and I, policymakers—can then go look and they go, "What can we do here?" There were four significant sections of that report. One of them dealt with the attacker. I believe the chapter is titled that. That is the chapter that talks about his attempts to purchase a weapon and talks about them being thwarted. It talks about him trying to attempt straw purchases. Those were the facts of that case—of that instance. The policy proposal that is drawn from those very accurate facts is this amendment would have precluded that tragedy from happening.
WALLE: Thank you for that clarification. The committee and the report didn't issue recommendations, but findings of fact?
MOODY: Correct.
WALLE: And those are undisputed?
MOODY: I will stand behind that report at any time.
WALLE: And the facts are that he—days after turning 18—sought, and was successful in purchasing these high-capacity weapons of war, correct?
MOODY: Yes, sir.
WALLE: In your deliberations, these family members have—and we as policymakers are now here to set the policy tone in how we respond to this situation. This is the way we know how to do it. Is that fair to say?
MOODY: This is our job. I think it was extremely important to lay the facts bare, as ugly as they were and as difficult as they were. It wasn't just access to the firearm that was in the facts that were out in that report. This body has deliberated school safety, school hardening, and school security. This body has discussed police accountability and reform. This body has discussed the flow of public information. They've all come to this house floor. The only thing that has not been brought to this house floor until right now via this amendment is the access to firearms. If we're going to talk about the problems of mass violence, we have to talk about every single one of them. I have supported school security, I have supported police accountability, I have supported getting public information done the right way, but I also support commonsense safety reforms like this. If we're not willing to have the entire discussion, then we're doing a great disservice—not just to the families that deserve it in Uvalde, but to the entire State of Texas.
WALLE: The families of Uvalde, the children: Makenna Lee Elrod, 10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose Manuel Flores Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10; Rojelio Torres, 10; "Ellie" Amyah Garcia, 9; Eliahna Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9; Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana Rodriguez, 10; Jailah Nicole Silguero, 10; Irma Garcia, 48; Eva Mireles, 44; Amerie Jo Garza, 10; "Lexi" Rubio, 10; Alithia Ramirez, 10. Those are the names of the children and the two teachers. They've come weekly, is that correct, to this body?
Amendment No. 1 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 1 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. 1 was withdrawn.
REMARKS ORDERED PRINTED
Representative Martinez Fischer moved to print all remarks on Amendment No. 1 on HB 3266.
The motion prevailed.
Amendment No. 2
Representative Goodwin offered the following amendment to HB 3266:
Amend HB 3266 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 46.06, Penal Code is amended by adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to a person younger than 21 years of age:
(1) a device described by Section 46.05 (a)(1)(D); or
(2) a handgun to which a device described by Subdivision (1) may be attached.
Amendment No. 2 - Point of Order
Representative Vasut raised a point of order against further consideration of Amendment No. 2 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. 2 was withdrawn.
HB 3266 was passed by (Record 1536): 81 Yeas, 60 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; Cunningham; Davis; Dean; DeAyala; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Hinojosa; Holland; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Longoria; Lopez, R.; Lozano; Lujan; Manuel; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Darby; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Jetton; Kitzman; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Martinez; Metcalf; Murr; Noble; Oliverson; Orr; Patterson; Paul; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Vasut; Vo; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani; Herrero; Thierry; Walle.
STATEMENTS OF VOTE
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
K. Bell
When Record No. 1536 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
Button
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
Lambert
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
Martinez
When Record No. 1536 was taken, I was shown voting yes. I intended to vote no.
Rogers
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
Smithee
When Record No. 1536 was taken, I was shown voting no. I intended to vote yes.
Stucky
When Record No. 1536 was taken, I was in the house but away from my desk. I would have voted no.
Thierry
CSHB 4771 - VOTE RECONSIDERED
Representative Burns moved to reconsider the vote by which CSHB 4771 failed to pass to engrossment by Record No. 1481 on May 10.
The motion to reconsider prevailed.
CSHB 4771 ON SECOND READING
(by Bhojani, Rosenthal, J. Jones, Stucky, and Lambert)
The chair laid before the house, on its second reading and passage to engrossment,
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.
CSHB 4771 was read second time on May 10 and failed to pass to engrossment by Record No. 1481.
CSHB 4771 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HJR 102 ON THIRD 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.
HJR 102 was read third time earlier today and was postponed until this time.
(Speaker in the chair)
The vote of the house was taken on adoption of HJR 102 and the vote was announced yeas 100, nays 42.
A verification of the vote was requested and was granted.
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1537): 101 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bernal; Bhojani; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.J.; Harrison; Hernandez; Herrero; 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; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Meyer; Meza; Moody; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Talarico; Thierry; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, K.; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; DeAyala; Dorazio; Frank; Gates; Harris, C.E.; Hayes; Hefner; Hinojosa; Isaac; Klick; Lambert; Lujan; Martinez Fischer; Metcalf; Morales, C.; Morales, E.; Noble; Oliverson; Paul; Price; Ramos; Schaefer; Schatzline; Shaheen; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Goodwin; Longoria; Morrison.
The chair stated that HJR 102 was adopted by the above vote.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Longoria on motion of Rose.
HB 1942 ON THIRD 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 third time earlier today and was postponed until this time.
Amendment No. 1
Representative Moody offered the following amendment to HB 1942:
Amend HB 1942 on third reading in SECTION 2 of the bill as follows:
(1) Strike the text of added Section 2005.002(19)(D), Occupations Code, as added by Amendment No. 1 by Leach on second reading, and substitute the following:
(D) a racetrack that:
(i) existed and operated before January 1, 2000, and annually hosted National Association for Stock Car Auto Racing Cup Series events for at least 20 years preceding May 1, 2023; or
(ii) existed and operated before January 1, 2015, and annually hosted the Formula One United States Grand Prix in each year that the race occurred for at least five years preceding May 1, 2023.
(2) Strike the text of added Section 2005.002(21)(C), Occupations Code, as added by Amendment No. 1 by Leach on second reading, and substitute the following:
(C) a racetrack that:
(i) existed and operated before January 1, 2000, and annually hosted National Association for Stock Car Auto Racing Cup Series events for at least 20 years preceding May 1, 2023; or
(ii) existed and operated before January 1, 2015, and annually hosted the Formula One United States Grand Prix in each year that the race occurred for at least five years preceding May 1, 2023.
Amendment No. 1 was adopted.
HB 1942, as amended, was passed by (Record 1538): 82 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Buckley; Bucy; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frazier; Gámez; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Harless; Hernandez; Herrero; 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; Lopez, J.; Lozano; Manuel; Martinez; Meyer; Meza; Moody; Morales Shaw; Morrison; Murr; Neave Criado; Orr; Ortega; Patterson; Perez; Plesa; Raney; Reynolds; Romero; Rose; Rosenthal; Smith; Talarico; Thompson, S.; Tinderholt; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; DeAyala; Dorazio; Frank; Garcia; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hinojosa; Isaac; Klick; Lambert; Leo-Wilson; Lujan; Martinez Fischer; Metcalf; Morales, C.; Morales, E.; Noble; Oliverson; Ordaz; Paul; Price; Ramos; Rogers; Schaefer; Schatzline; Shaheen; Shine; Slawson; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Longoria; Sherman.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bell, K.; Bumgarner; Gates; González, J.; Goodwin; Guillen; Lopez, R.; Muñoz; Raymond; Schofield; Smithee; Thierry.
STATEMENTS OF VOTE
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted no.
K. Bell
When Record No. 1538 was taken, I was shown voting no. I intended to vote yes.
Garcia
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted no.
Gates
When Record No. 1538 was taken, my vote failed to register. I would have voted yes.
Guillen
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted yes.
R. Lopez
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted yes.
Muñoz
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted yes.
Raymond
When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted no.
Smithee
When Record No. 1538 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
HJR 155 ON THIRD READING
(by Geren, Rose, Davis, Romero, et al.)
HJR 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.
HJR 155 was read third time earlier today and was postponed until this time.
Representative Geren moved to postpone consideration of HJR 155 until 10 p.m. today.
The motion prevailed.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today because of important business:
Hernandez on motion of Walle.
Walle on motion of Herrero.
CSHB 2843 ON SECOND READING
(by Kuempel, Rose, Davis, and Lozano)
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 on May 10, postponed until May 11, postponed until after third reading consideration of HJR 102, and was again postponed until this time.
Amendment No. 1
Representative Kuempel offered the following amendment to CSHB 2843:
Amend CSHB 2843 (house committee report) as follows:
(1) On page 5, line 13, between "education" and the semicolon, insert ", including salaries and benefits for public school teachers".
(2) On page 79 strike lines 9-16 and substitute the following:
(6) 80 percent may be appropriated only to fund increases in salaries for public school teachers in this State and cost of living adjustments for members of the Teacher Retirement System of Texas.
A record vote was requested.
Amendment No. 1 was adopted by (Record 1539): 88 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, K.; Bernal; Bowers; Buckley; Bucy; Burrows; Button; Campos; Canales; Cole; Collier; Cook; Cortez; Cunningham; Davis; Dean; Dutton; Frazier; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hayes; Hefner; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Lopez, J.; Lozano; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shaheen; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Wilson; Wu; Zwiener.
Nays — Ashby; Bell, C.; Bryant; Burns; Cain; Capriglione; Craddick; Darby; DeAyala; Dorazio; Frank; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Isaac; Kitzman; Klick; Leo-Wilson; Lujan; Meza; Morales, C.; Morales, E.; Noble; Oliverson; Price; Ramos; Schaefer; Schatzline; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani; Bumgarner; Clardy; Flores; Gámez; Herrero; Johnson, A.; Johnson, J.D.; Leach; Lopez, R.; Plesa; Rogers; Schofield.
STATEMENTS OF VOTE
When Record No. 1539 was taken, I was shown voting no. I intended to vote yes.
Ashby
When Record No. 1539 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1539 was taken, I was shown voting no. I intended to vote yes.
DeAyala
When Record No. 1539 was taken, I was shown voting yes. I intended to vote present, not voting.
Lambert
When Record No. 1539 was taken, I was shown voting no. I intended to vote yes.
E. Morales
When Record No. 1539 was taken, I was shown voting no. I intended to vote yes.
Spiller
Amendment No. 2
Representative Kuempel offered the following amendment to CSHB 2843:
Amend CSHB 2843 (house committee report) as follows:
(1) On page 2, line 23, strike "Chapters 2202 and 2203" and substitute "Chapter 2202. The term does not include facilities located on Indian lands".
(2) On page 2, line 26, between "activity" and "that", insert "occurring in a casino".
(3) On page 5, line 8, immediately following the underlined period, insert "The term does not include a development located on Indian lands.".
(4) On page 6, line 8, strike "allows the tribe to" and substitute "agrees that the tribe will".
(5) On page 13, between lines 5 and 6, insert the following:
(44) "Tribal casino" means facilities located on Indian lands at which casino gaming or sports wagering is conducted for profit, as authorized by Chapters 2202 and 2203.
(6) On page 46, line 9, strike "(a)".
(7) On page 46, strike lines 11-14.
(8) Strike page 55, line 25, through page 56, line 17, and substitute the following:
Sec. 2202.053. TRIBAL CASINOS IN ABSENCE OF AUTHORIZATION UNDER INDIAN GAMING REGULATORY ACT. (a) Pursuant to express provisions of the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub. L. No. 100-89), the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas may engage on Indian lands in any gaming activity that is not prohibited in this state, without any application of this state's gaming regulations except as otherwise provided by this section. In addition to the casino licenses issued under this subchapter, a federally recognized Indian tribe for which Indian lands in this state were held in trust by the United States on January 1, 1998, but that is not authorized to conduct gaming under the Indian Gaming Regulatory Act (Pub. L. No. 100-497), may:
(1) conduct the same gaming activities as any license holder under this chapter; and
(2) operate not more than one tribal casino on Indian lands held in trust by the United States on January 1, 1998.
(b) An Indian tribe operating a tribal casino under Subsection (a) must, before opening the tribal casino for business, enact a comprehensive gaming regulatory ordinance governing all aspects of the tribal casino that is substantially similar to the provisions and restrictions of this chapter.
(c) An Indian tribe to which Subsection (a) applies may operate a tribal casino located on Indian lands as described:
(1) by Subsection (a); or
(2) under Chapter 2203.
(9) On page 105, strike lines 5-13, and substitute the following:
LIABILITY OF STATE FOR ENFORCEMENT. (a) If a dispute arises between a federally recognized Indian tribe and the governor or this state regarding the creation and operation of a tribal casino as provided by this chapter, the Indian tribe may seek relief as provided by state or federal law in a state or federal court with jurisdiction. The sovereign immunity of this state is waived for the purpose of any legal proceeding relating to the governor's or the state's alleged failure to abide by the provisions of this chapter. The waiver of sovereign immunity related to gaming operations is limited to the waiver provided by this chapter and Chapter 2203.
(10) On page 105, lines 19-20, strike "a gaming agreement authorized under".
(11) On page 105, strike lines 22-27 and substitute "the failure of the state to comply with this chapter.".
(12) On page 116, line 16, strike "The" and substitute the following:
In the event the United States Congress explicitly applies the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to the tribes subject to the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub. L. No. 100-89), the
(13) Strike page 117, line 1, through page 120, line 11, and substitute the following:
MODEL COMPACT BETWEEN
THE ALABAMA-COUSHATTA TRIBE OF TEXAS,
THE YSLETA DEL SUR PUEBLO, AND
THE STATE OF TEXAS
PROVIDING FOR THE CONDUCT OF TRIBAL CLASS III GAMING
This Compact is made and entered into between the Alabama-Coushatta Tribe of Texas (hereinafter referred to as the "Alabama-Coushatta" or the "Tribe"), the Ysleta del Sur Pueblo (hereinafter referred to as the "Pueblo") (collectively hereinafter referred to as the "Tribes"), and the State of Texas (hereinafter referred to as "State").
RECITALS
WHEREAS, the State of Texas is a sovereign State of the United States of America, having been admitted to the Union pursuant to a joint resolution of the Congress of the United States on December 29, 1845, and is authorized by the Texas Constitution to enter into contracts and agreements, including this agreement with the Tribes; and
WHEREAS, the Tribes are federally recognized Indian Tribes and their governing bodies, the Tribal Councils, are authorized to enter into contracts and agreements of every description, including this agreement with the State; and
WHEREAS, the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act ("Restoration Act") was passed on August 18, 1987 (Pub. L. 100-89); and
WHEREAS, the Congress of the United States has enacted the Indian Gaming Regulatory Act of 1988 (Pub. L. No. 100-497) (hereinafter "IGRA"), which permits Indian tribes to operate Class III gaming activities on Indian reservations pursuant to a tribal-state compact entered into for that purpose; and
WHEREAS, the Tribes propose to operate Class III gaming establishments on Eligible Indian Lands in the State of Texas, and by respective Tribal Council Resolutions and Tribal Ordinances will adopt rules and regulations governing the games played and related activities at the Tribal Class III gaming establishments; and
WHEREAS, the State presently permits and regulates various types of gaming within the State, but outside Indian lands, that satisfy the definition of Class III gaming as established by IGRA; and
WHEREAS, the United States Supreme Court in Ysleta Del Sur Pueblo v. Tex., 213 L. Ed. 2d 221 (2022) held that the Tribe may conduct gaming activities not prohibited by the State of Texas, and that the State may not regulate such gaming activities; and
WHEREAS, at the general election held on [DATE OF GENERAL ELECTION], the voters of the State approved the amendment of the Texas Constitution through the proposition [BALLOT PROPOSITION LANGUAGE] ("the Amendment"); and
WHEREAS, casino-style table games as defined in the Amendment and electronic-gaming devices are, therefore, permitted "for any purpose by any person, organization, or entity," within the meaning of IGRA, 25 U.S.C. 2710(d)(1)(B); and
WHEREAS, a compact between the Tribes and the State for the conduct of Class III gaming is sufficient to satisfy requirements imposed by the United States Congress by enactment of IGRA, for the operation of lawful Class III gaming by the Tribes on Eligible Indian Lands in Texas; and
WHEREAS, the State and the Tribes, in recognition of the sovereign rights of each party and in a spirit of cooperation in the interests of the citizens of the State and the Tribes, have engaged in good faith negotiations recognizing and respecting the interests of each party and have agreed to this Compact.
NOW, THEREFORE, the Tribes and the State agree as follows:
SECTION 1. PURPOSES AND OBJECTIVES. The purposes and objectives of the Tribes and the State in making this Compact are as follows:
(1) to demonstrate the good will and cooperative spirit between the State and the Tribes;
(2) to continue the development of effective working relationships between the State and tribal governments;
(3) to compact for Class III gaming on Eligible Indian Lands of the Tribes in Texas as authorized by the IGRA;
(4) to fulfill the purpose and intent of the IGRA by providing for tribal gaming as a means of generating tribal revenues, thereby promoting tribal economic development, tribal self-sufficiency, and strong tribal government;
(5) to provide tribal revenues to fund tribal government operations or programs, to provide for the general welfare of the Tribes and their members, and for other purposes allowed under the IGRA;
(6) to provide for the operation of Class III gaming in which, except as provided by 25 U.S.C. 2710(b)(4) and (d)(2)(A) of the IGRA, the Tribes shall have the sole proprietary interest and be the primary beneficiary of the Tribes' gaming enterprises;
(7) to recognize the State's interest in the establishment by the Tribes of rules and procedures for ensuring that Class III gaming is conducted fairly and honestly by the owners, operators, and employees and by the patrons of any Class III gaming enterprise of the Tribes; and
(8) to establish procedures to notify the patrons of the Tribes' Class III gaming establishments that the establishments are not regulated by the State of Texas and that patrons must look to the tribal government or to the federal government to resolve any issues or disputes with respect to the operations of the establishments.
SECTION 2. DEFINITIONS. In this Compact:
(1) "Class III gaming" means all forms of gaming authorized by this Compact, which are neither Class I nor Class II gaming, as those terms are defined in 25 U.S.C. Sections 2703(6) and (7) of the IGRA. Only those Class III games authorized by this Compact may be operated by the Tribe.
(2) "Commercial Gaming Facility" shall mean any facility not operated by the Tribes on Eligible Indian Lands that offers Electronic Games of Chance or Table Games for gambling purposes, whether or not operated by the Texas Lottery Commission.
(3) "Competitive Market - Alabama-Coushatta" means the following Texas counties: Polk, Tyler, Trinity, Angelina, Jasper, Hardin, Liberty, San Jacinto, Walker, Montgomery, any county in which the Alabama-Coushatta owns any Eligible Indian Lands, and any county contiguous to those counties.
(4) "Competitive Market - Pueblo" means the following Texas counties: El Paso, Hudspeth, any county in which the Pueblo owns any Eligible Indian Lands, and any county contiguous to those counties.
(5) "Electronic Game of Chance" means a player activated or operated electronic, mechanical, or electromechanical device that:
(A) allows a person to play a game of chance or a facsimile of a game of chance, which may or may not be affected by an element of skill, and is activated by, or which is operated through the insertion of a coin, currency or currency equivalent, or token or by the use of a credit or the pledge or promise to pay anything of value;
(B) is controlled by software or electronic, mechanical, or electromechanical process that determines the element of chance and winning payout; and
(C) awards either:
(i) cash;
(ii) credits, tokens, replays, or a written statement of the player's accumulated credits, if the credits, tokens, replays, or written statement can be redeemed for cash; or
(iii) any other thing of value.
The term does not include:
(A) charitable gaming operated under the regulation of the Texas Lottery Commission whether or not such gaming uses player activated electronic or electromechanical devices; or
(B) any of the games in use by the Texas Lottery Commission whether or not such gaming uses player activated electronic or electrotechnical devices.
(6) "Eligible Indian Lands" means lands acquired by the United States in trust for the Tribes as defined under the IGRA or the Restoration Act, as applicable.
(7) "Net Win" means the total amount wagered on each electronic game of chance, minus the total amount paid to players for winning wagers at such machine calculated in accordance with Generally Accepted Accounting Principles pursuant to American Institute of Certified Public Accountant standards. For purposes of computing Net Win, the total amount wagered does not include the initial value of any electronic promotional slot credits provided to a patron by the Tribal Gaming Facility, provided there is no monetary value to the electronic promotional slot credit other than in a slot machine, the exclusion of the promotional slot credit from the total amount wagered does not otherwise have a negative impact on the total aggregate of Net Win, and the total amount wagered does include subsequent wagers made using any credits or winnings derived from the initial play of such electronic promotional credits. If a machine is part of an inter-casino linked system or similar enterprise, the "total amount paid to players for winning wagers at such machine" includes the pro-rata share of winnings paid out under that linked system but does not include the payment of fees, costs, royalties, or other expenses associated with or attributable to administering the inter-casino linked system.
(8) "Person" means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, trust, labor organization, company, corporation, association, committee, state, local government, government instrumentality or entity, or any other organization or group of persons acting jointly.
(9) "Resident Tribal Member" means an enrolled member of either the Tribe or the Pueblo who resides within the Tribes' Indian Country, as defined under 18 U.S.C. Section 1151.
(10) "Sports Wagering" means a wager on sports events, portions of sports in a sports event, or combination of sports events through any system or method of wagering.
(11) "Table Games" means games that utilize real non-electronic cards, dice, chips, and equipment in the play and operation of the game.
(12) "Tribal Gaming Commission" has the meaning provided by Section 4 of this Compact.
SECTION 3. AUTHORIZED CLASS III GAMES. (a) The Tribes may lawfully conduct the following Class III games on Eligible Indian Lands:
(1) poker;
(2) craps and related dice games;
(3) wheel games, including "Big Wheel" and related games;
(4) roulette;
(5) banking card games that are not otherwise treated as Class II gaming in Texas pursuant to 25 U.S.C. Section 2703(7)(C);
(6) electronic games of chance;
(7) keno;
(8) twenty-one or blackjack;
(9) chuck-a-luck (dai shu);
(10) chemin de fer;
(11) baccarat;
(12) pai gow;
(13) slot machine;
(14) sports wagering; and
(15) any other Class III game that lawfully may be operated by a person licensed to operate a casino pursuant to the IGRA.
(a-1) Any limitations on the number of games operated or played, their location within Eligible Indian Lands as defined under this Compact, hours or period of operation, limits on wagers or pot size, or other such limitations shall be determined by duly enacted tribal law or regulation. Any state law restrictions, limitations, or regulation of such gaming do not apply to Class III games conducted by the Tribes pursuant to this Compact.
(b) Additional Class III games may be lawfully conducted by mutual agreement of the Tribes and the State as follows:
(1) the Tribes shall request additional games by letter from the Tribal Chairperson on behalf of the Tribes to the Governor of Texas on behalf of the State in a request that identifies the additional proposed gaming activities with specificity and any proposed amendments to the Tribes' regulatory ordinances; and
(2) the State, acting through the Governor, shall take action on the Tribes' requests not later than the 90th day after the day of receipt, based on whether the provisions of this Compact are adequate to fulfill the policies and purposes set forth in the IGRA with respect to such additional games.
(c) The State is required to negotiate with the Tribes over the inclusion in this Compact of any form of Class III gaming if the State offers any other game classified as Class III for any purpose.
SECTION 4. REGULATION OF CLASS III GAMING. (a) Integrity of Gaming. Protecting the Class III gaming activities requires that the public maintain confidence and trust in the integrity of gaming activities, which activities must be free of criminal and corruptive elements.
(1) Enactment of Tribal Gaming Ordinance. Before permitting the initiation of any Class III gaming on Eligible Indian Lands, the Tribes will enact comprehensive gaming regulatory ordinances governing all aspects of the Tribes' gaming enterprises. The requirements of this Section of this Compact are intended to supplement, rather than conflict with, the provisions of the Tribes' ordinances. To the extent any regulatory requirement of this Compact is more stringent or restrictive than a parallel provision of the Tribes' ordinances, as amended, this Compact shall control.
(2) Applicability. The regulatory requirements of this Section of the Compact shall apply to the conduct of all Class III gaming authorized by the Compact. At all times in which the Tribes conduct any Class III gaming under this Compact, the Tribes shall maintain, as part of their lawfully enacted ordinance, requirements at least as restrictive as those set forth in this Compact.
(3) Strict Regulation. The Tribes shall license, operate, and regulate all Class III gaming activities in accordance with this Compact, tribal law, IGRA, and all other applicable federal law. This shall include but not be limited to the adoption of the Minimum Internal Control Standards, the licensing of consultants (except accountants and legal counsel), primary management officials, and key employees to each Class III gaming activity or operation. Any violation of this Compact, tribal law, IGRA, or other applicable federal law shall be corrected immediately by the Tribe.
(A) Minimum Age Requirements.
(i) No person under the age of 21 may participate in any Class III game.
(ii) Except for non-gaming employees, no person under the age of 21 may be physically present on or in those portions of the premises of a licensed gaming facility where Class III gaming is being played. Persons under the age of 21 may be physically present on or in those portions of the premises where Class III gaming are not being played or in the restaurant areas.
(B) Posting of Rules. The rules of each Class III card game shall be posted in a prominent place in each card room and must designate:
(i) the maximum rake-off percentage, time buy-in or other fee charged;
(ii) the number of raises allowed;
(iii) the monetary limit of each raise;
(iv) the amount of ante; and
(v) other rules as may be necessary.
(C) Bank Secrecy Act. The Tribes shall comply with all applicable provisions of the Bank Secrecy Act (31 U.S.C. Sections 5311-5314).
(D) Prohibited Acts. In addition to other civil and criminal offenses that otherwise may not be listed, the Tribes shall prohibit the following acts:
(i) participating within Indian Lands in any Class III gaming not authorized by the Tribes;
(ii) knowingly making a false statement in an application for a license;
(iii) knowingly making a false statement in connection with any contract in relation to any gaming;
(iv) attempting to bribe any person participating in any gaming;
(v) offering or accepting a loan, financing, or other thing of value between a Commissioner or employee of the Tribal Gaming Commission as established by the Tribes or the gaming facilities and any person participating in any gaming;
(vi) promoting or participating in any illegal gaming;
(vii) failing to keep sufficient books and records to substantiate receipts, disbursements, and expenses incurred or paid from any gaming;
(viii) falsifying any books or records that relate to any transaction connected with any gaming;
(ix) conducting, participating in, or tolerating any gaming that in any manner results in cheating or misrepresentation and that allows any other disreputable tactics which detract from the fair nature and equal chance of participation between gaming players or otherwise creates an advantage over and above the chance of such gaming activity which affects its outcome;
(x) conducting gaming with, or allowing participation in, gaming by or with a visibly intoxicated or disorderly player;
(xi) allowing or participating in the sale of liquor at gaming facilities in a manner prohibited by Tribal law;
(xii) allowing any person, by providing something other than money, personal checks, or other approved consideration, a chance to play or participate in any gaming;
(xiii) using bogus or counterfeit chips or charitable gaming tickets, or to substitute or use any cards, charitable gaming tickets, or gaming equipment that has been marked or tampered with;
(xiv) employing or possessing any cheating device;
(xv) facilitating cheating in any gaming;
(xvi) knowingly using any fraudulent scheme or technique to change the odds of any gaming activity;
(xvii) soliciting or using, directly or indirectly, inside information on the nature or status of any gaming activity for the benefit of any person;
(xviii) tampering with a gaming device or attempting or conspiring to manipulate the outcome or the payoff of a gaming device, or otherwise tampering with or interfering with the proper functioning of a gaming device;
(xix) altering or counterfeiting a gaming license;
(xx) knowingly aiding, abetting, or conspiring with another person or knowingly causing any person to violate any rules and regulations adopted by the Tribal Gaming Commission;
(xxi) operating, using, or making available to the public any illegal gaming device, apparatus, material, or equipment;
(xxii) selling, holding out for sale, or transporting into or out of the jurisdiction of Indian Lands any illegal gaming device, apparatus, material, or equipment;
(xxiii) assisting or allowing a person who is under the minimum age for gaming patrons to participate in a gaming activity;
(xxiv) possessing any illegal narcotics or controlled substances in any gaming facility, gaming administrative offices, or any exterior areas of a gaming facility;
(xxv) knowingly stealing or attempting to steal funds or other items of value from any gaming operation or from the Tribal Gaming Commission;
(xxvi) knowingly employing any person at a gaming operation who does not have the required gaming license;
(xxvii) conspiring with or inducing any person to violate any of the provisions of Tribal or applicable federal or State law;
(xxviii) engaging in any act, practice, or course of operation that could result in a fraud or deceit on any person;
(xxix) making false statements in any matter before the Tribal Gaming Commission;
(xxx) possessing firearms by any person within a gaming facility, provided this prohibition shall not apply to law enforcement officers authorized to be on the premises, private security service retained to provide security at a gaming facility, or armored car services; and
(xxxi) participating in any gaming by barred or self-excluded persons.
(4) Administration of Regulation. The regulatory requirements set forth in this Section of this Compact shall be administered and enforced as follows:
(A) Tribal Gaming Commission. The Tribes shall charter with perpetual existence a Tribal Gaming Commission as a governmental subdivision of the Tribes.
(i) The Tribal Gaming Commissioners shall administer and enforce the regulatory requirements set forth in this Section.
(ii) Tribal Gaming Commissioners and any appointed agents thereof shall be separate and independent from casino management and shall be prohibited from maintaining employment as a casino employee.
(B) State Representative. A representative authorized in writing by the Governor of the State shall have the right to inspect all tribal Class III gaming facilities and all tribal casino records relevant to this Compact. Such inspections by the State are subject to the following conditions:
(i) with respect to public areas, at any time with 12 hours' prior notice to the Tribe or Pueblo's Tribal Gaming Commission, and the respective Tribe shall have the right to monitor any such inspection;
(ii) with respect to private areas not accessible to the public, at any time during normal business hours, with 24 hours' prior written notice to the Tribe or Pueblo's Tribal Gaming Commission, and the respective Tribe shall have the right to monitor any such inspection; and
(iii) with respect to inspection and copying of tribal casino records, with five days' prior written notice to the Tribe or Pueblo's Tribal Gaming Commission, not including weekends.
(C) Confidentiality. Except as otherwise provided by law or as also allowed by the exceptions defined below, the State agrees to maintain in confidence and never to disclose to any third party any financial information, proprietary ideas, plans, methods, data, development, inventions, or other proprietary information regarding the gambling enterprise of the Tribes, games conducted by the Tribes, or the operation of the gambling enterprise and games that is provided to the State by the Tribes without the prior written approval of a duly authorized representative of the Tribes, provided the information is marked as confidential information when received by the State. Nothing contained in this Compact shall be construed to prohibit:
(i) the furnishing of any information to a law enforcement or regulatory agency of the United States or State government pursuant to a lawful request of such agency;
(ii) the State from making known the names of persons, firms, or corporations conducting Class III gaming activities pursuant to the terms of this Compact, locations at which such activities are conducted, or the dates on which such activities are conducted;
(iii) publishing the terms of this Compact;
(iv) disclosing information as necessary to audit, investigate, prosecute, or arbitrate violations of this Compact; and
(v) complying with any law, subpoena, or court order. The State shall immediately notify the Tribes of any request or demand for the release of confidential information under this Subsection (a)(4)(C) to allow the Tribes to initiate proceedings under Section 6 of this Compact or other applicable law to resolve any dispute regarding the State's intention to disclose such information.
(D) Tribal Inspection. The Tribes shall have the right to inspect State records concerning all Class III gaming conducted by the Tribes consistent with Texas's Freedom of Information Act.
(E) Dispute Resolution. In the event the State believes that the Tribe or Pueblo are not administering and enforcing the regulatory requirements set forth in this Compact, the State may invoke the procedures set forth in Section 6 of this Compact.
(b) Licensing.
(1) Licensing of Persons. The Tribes may not license, hire, or employ as a key employee or primary management official as those terms are defined at 25 C.F.R. 502.14 and 502.19, in connection with Class III gaming, any person who:
(A) is under the age of 21, unless the person is employed in a non-gaming position;
(B) has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, fraud, or misrepresentation. The terms "fraud or misrepresentation" as used herein shall mean a criminal offense committed in Texas or any other jurisdiction, involving theft, fraud, or misrepresentation, which is a felony or would be a felony if committed in Texas, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from the employee's criminal record by executive pardon, State court order, or operation of law;
(C) has been convicted of or entered a plea of guilty or no contest to any offense within the immediately preceding five years, whether committed in this state or any other jurisdiction, that is, or would be, a crime under the provisions of the Texas Penal Code, as amended, or the controlled substance provisions of the Texas Health and Safety Code, as amended, or any other criminal offense involving theft, dishonesty, fraud, or misrepresentation arising under the law of Texas or another state or jurisdiction, that was committed as an adult or prosecuted as an adult offense and which has not been effectively removed from the employee's criminal record by executive pardon, State court order, or operation of law; this provision shall not apply if that person has been pardoned by the Governor of the State where the conviction occurred, or, if a tribal member, has been determined by the Tribes to be a person who is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a license as a key employee or primary management official;
(D) is determined by the Tribe or Pueblo to have participated in organized crime or unlawful gambling or whose prior activities, criminal records, reputation, habits, or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or
(E) is a person whose license has previously been revoked pursuant to the Tribe or Pueblo's Gaming Ordinances, or to whom the issuance or renewal of a license has been denied, except with the unanimous approval of the Tribe or Pueblo's Tribal Gaming Commissioners.
(2) Licensing of Gaming Service Suppliers. The Tribe and Pueblo's Tribal Gaming Commission shall require a License for any person who supplies gaming services in the amount of $10,000 or more in any one-month period to the Class III gaming facility. The gaming services supplier, and all persons holding a 10 percent or greater direct or indirect financial interest in the gaming services supplier, shall submit to a background investigation and be required to meet the standards set forth in Subdivision (1).
(3) Consultation with NIGC. At the time a primary management official or key employee is hired, the Tribe and Pueblo's Tribal Gaming Commission shall forward to the NIGC a completed application containing all applicable information. No license shall be issued until either:
(A) receipt of notification that the NIGC has no objection to the issuance of a license; or
(B) the expiration of the 90-day period provided for NIGC review under 25 C.F.R. Section 558.3(c).
(4) Law Enforcement. As a part of the background investigation, the Tribe or Pueblo's Tribal Gaming Commission shall consult with appropriate law enforcement officials concerning any application for a license before the license is issued.
(5) State Verification. On request of the State, the Tribes will provide to the State the background information compiled by the Tribes on all consultants other than legal counsel and accountants, management personnel, suppliers, and employees required to be licensed under 25 C.F.R. Part 556 or the Tribes' gaming ordinances to allow the State to verify the Tribes' background information.
(6) Non-Transferability of License. Any license issued is valid only for the person at the place of business shown on the face of the license. The license is not assignable or otherwise transferable.
(c) Management Agreements.
(1) All management contracts entered into by the Tribes regarding gaming enterprises operated pursuant to this Compact shall conform to all the requirements of the IGRA, including 25 U.S.C. 2711, and tribal law.
(2) If the Tribes enter into or amend a management contract for the operation of any Class III gaming or component thereof, the State shall be given 14 days' prior written notice of such contract or amendment.
(d) Accounting and Audit.
(1) Double Entry System. All accounting records shall be kept on a double entry system of accounting, maintaining detailed, supporting, and subsidiary records. The Tribes shall maintain the following records for not less than three years:
(A) revenues, expenses, assets, liabilities, and equity for the location at which Class III gaming is conducted;
(B) daily cash transactions for each Class III game at the location at which gaming is conducted, including but not limited to transactions relating to each gaming table bank, game drop box, and gaming room bank;
(C) all markers, IOUs, returned checks, hold checks, or other similar credit instruments;
(D) individual and statistical game records, other than card game records, to reflect statistical drop and statistical win and for electronic, computer, or other technologically assisted games, analytic reports that show the total amount of cash wagered and the total amount of prizes won;
(E) contracts, correspondence, and other transaction documents relating to all vendors and contractors;
(F) records of all tribal gaming enforcement activities;
(G) audits prepared by or on behalf of the Tribe or Pueblo; and
(H) personnel information on all Class III gaming employees or agents, including rotation sheets, hours worked, employee profiles, and background checks.
(2) Audit. The Tribe and Pueblo shall respectively cause to be conducted annually an independent audit of all their respective gaming operations.
(A) Applicability. All gaming related contracts that result in the purchase of supplies, services, or concessions in amounts that exceed $25,000 annually, except contracts for professional legal and accounting services, shall be specifically included within the scope of the audit.
(B) Submission to NIGC. The Tribes shall submit the resulting audit reports to the National Indian Gaming Commission.
(C) Submission to State. The Tribes shall submit the respective resulting audit reports to the State, together with a copy of the engagement letter setting forth the scope of the audit.
SECTION 5. PROVIDERS OF CLASS III GAMING EQUIPMENT OR SUPPLIES. (a) No Class III games of chance, gaming equipment, or supplies may be purchased, leased, or otherwise acquired by the Tribes unless the Class III equipment or supplies meet the technical equipment standards established by the National Indian Gaming Commission.
(b) Before entering into any lease or purchase agreement, the Tribes shall obtain sufficient information and identification from the proposed seller or lessor and all persons holding any direct or indirect financial interest in the lessor or the lease/purchase agreement to permit the Tribes to conduct a background check on those persons. The Tribes shall not enter into any lease or purchase agreement for Class III gaming equipment or supplies with any person or entity if the lessor, seller, or any manager or person holding direct or indirect financial interest in the lessor or seller or the proposed lease or purchase agreement is determined to have participated in or have involvement with organized crime or has been convicted of or entered a plea of guilty or no contest to any other felony offense within the immediately preceding five years, unless that person has been pardoned.
(c) The seller, lessor, manufacturer, or distributor shall provide, assemble, and install all Class III games of chance, gaming equipment, and supplies in a manner approved and licensed by the Tribe or Pueblo.
SECTION 6. DISPUTE RESOLUTION. In recognition of the government-to-government relationship of the Tribes and the State, the parties shall make their best efforts to resolve disputes that arise under this Compact by good faith negotiation whenever possible. Therefore, the Tribes and State (for the purposes of this Section also referred to as the "party" or "parties") shall seek to resolve disputes by first meeting and conferring in good faith to foster a spirit of cooperation and efficiency in the administration and monitoring of the performance and compliance of the terms, provisions, and conditions of the Compact, as follows:
(1) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth the facts giving rise to the dispute and with specificity, the issues to be resolved.
(2) The other party shall respond in writing to the facts and issues set forth in the notice not later than the 15th day after the date the notice is received, unless both parties agree in writing to an extension of time.
(3) The parties shall meet and confer in good faith by telephone, by a video communication platform, or in person in an attempt to resolve the dispute through negotiation not later than the 30th day after the date of receipt of the notice in Subdivision (1), unless both parties agree in writing to an extension of time.
(4) Disputes that are not otherwise resolved by mutually agreed means may be resolved in the United States District Court in the judicial district where the Tribe's or Pueblo's respective Gaming Facilities are located, or if the federal court lacks jurisdiction, in the state court of competent jurisdiction in the County where the Tribe's or Pueblo's respective Gaming Facilities are located.
(5) Each Party shall be responsible for any attorney's fees or other litigation costs it incurs in connection with any dispute or litigation arising under this Compact.
(6) This Section may not be construed to waive, limit, or restrict the ability of the parties to address the issues arising out of this Compact, by mutual agreement in writing, to pursue dispute resolution by mediation.
(7) For the purpose of actions based on disputes between the Tribe or the Pueblo and the State that arise under this Compact and the judicial enforcement of any judgment or award resulting therefrom, the Tribes and the State expressly waive their right to assert any and all sovereign immunity from suit and enforcement of any ensuing judgment and further consent to be sued in federal or state court, as the case may be, provided that:
(A) the dispute is limited solely to issues arising under this Compact;
(B) neither the Tribes nor the State makes any claim for restitution or monetary damages, except that payment of any money expressly required by the terms of this Compact may be sought, and solely injunctive relief, specific performance, including enforcement of a provision of this Compact expressly requiring the payment of money to one or another of the parties, and declaratory relief, limited to a determination of the respective obligation of the parties under this Compact, may be sought; and
(C) nothing herein shall be construed to constitute a waiver of the sovereign immunity of either the Tribes or the State with respect to any third party that is made a party or intervenes as a party to the action.
SECTION 7. NOTICE TO PATRONS. In the facility of the Tribes where Class III gaming is conducted, the Tribes shall post in a prominent position a Notice to patrons at least two feet by three feet in dimension with the following language:
NOTICE
THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING: THE NATIONAL INDIAN GAMING COMMISSION, THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, AND THE GOVERNMENT OF THE TRIBE. THIS FACILITY IS NOT REGULATED BY THE STATE OF TEXAS.
SECTION 8. REGULATION OF THE SALE OF ALCOHOLIC BEVERAGES AND TOBACCO. (a) The Tribes hereby adopt and apply to their respective Class III gaming establishments as tribal law those State laws, as amended, relating to the sale and regulation of alcoholic beverages encompassing the following areas: sale to a minor; sale to a visibly intoxicated individual; sale of adulterated or misbranded liquor; hours of operation; and similar substantive provisions. Said tribal laws, which are defined by reference to the substantive areas of State laws referred to above, shall apply to the respective tribal Class III gaming establishment in the same manner and to the same extent as such laws apply elsewhere in the State to off-reservation transactions.
(b) The Tribes will respectively adopt ordinances as described in Subsection (a) and seek approval of their ordinance, if required, from the United States Department of the Interior. On approval by the Department of the Interior, if applicable, the Tribes will pass and enforce the respective local ordinances on Eligible Indian Lands as tribal law.
(c) The Tribes agree to prohibit sales of tobacco to minors at their Class III gaming facilities.
SECTION 9. EFFECTIVE DATE. This Compact shall be effective immediately on:
(1) endorsement by the respective Tribal Chairperson or Tribal Governor and concurrence in that endorsement by resolution of the respective Tribal Council;
(2) endorsement by the Governor of the State; and
(3) approval by the Secretary of the Interior of the United States or by operation of law pursuant to 25 U.S.C. Section 2710(d)(8)(C) of the IGRA.
SECTION 10. BINDING EFFECT, DURATION, AND SEVERABILITY. (a) This Compact shall be binding on the State and the Tribes from the date it becomes effective unless modified or terminated by written agreement of both parties.
(b) The parties agree that 25 U.S.C. Section 2710(d)(3) through (8) of the IGRA, or any successor provisions of law, apply to successor compacts.
(c) The Tribes may, pursuant to the procedures of the IGRA, request the State to enter into negotiations for a successor compact governing the conduct of Class III gaming activities. If the parties are unable to conclude a successor compact, this Compact shall remain in full force and effect pending exhaustion of the administrative and judicial remedies set forth in the IGRA and any other applicable federal law.
(d) In the event that any section or provision of this Compact is disapproved by the Secretary of the Interior of the United States or is held invalid by any court of competent jurisdiction, it is the intent of the parties that the remaining sections or provisions of this Compact, and any amendments thereto, shall continue in full force and effect. This severability provision does not apply to Sections 14 and 15 of this Compact.
SECTION 11. NOTICE TO PARTIES. (a) Unless otherwise indicated, all notices, payments, requests, reports, information, or demand which any party hereto may desire or may be required to give the other party under this Compact, shall be in writing and shall be personally delivered or sent by first-class, certified or registered United States Mail, postage prepaid, return receipt requested, and sent to the other party at its address appearing below or such other address as any party shall hereinafter inform the other party by written notice.
(b) Notice to the Tribes shall be sent to:
(1) Alabama-Coushatta Tribe of Texas:
Chairperson-Tribal Council
Alabama-Coushatta Tribe of Texas
571 State Park Road 56
Livingston, Texas 77351
(2) Ysleta del Sur Pueblo:
Governor-Tribal Council
Ysleta del Sur Pueblo
119 South Old Pueblo Road
El Paso, Texas 79907
(c) Notice to the State shall be sent to:
Office of the Governor
P.O. Box 12428
Austin, TX 78711
(d) Every notice, payment, request, report, information, or demand so given shall be deemed effective on receipt, or if mailed, on receipt or the expiration of the third day following the day of mailing, whichever occurs first, except that any notice of change of address shall be effective only on receipt by the party to whom said notice is addressed.
SECTION 12. ENTIRE AGREEMENT. This Compact is the entire agreement between the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter of this Compact. Neither this Compact nor any provision in the Compact may be changed, waived, discharged, or terminated orally, but only by an instrument in writing signed by the Tribes and the State.
SECTION 13. FILING OF COMPACT WITH SECRETARY OF STATE. On the effective date of this Compact, a certified copy shall be filed by the Governor with the Texas Secretary of State and a copy shall be transmitted to each house of the Texas State Legislature and the Texas Attorney General. Any subsequent amendment or modification of this Compact shall be filed with the Texas Secretary of State.
SECTION 14. TRIBAL PAYMENTS TO STATE FOR ECONOMIC BENEFITS OF EXCLUSIVITY. (a) The State and the Tribes acknowledge and recognize that this Compact provides the Tribes with substantial exclusivity and, consistent with the goals of the IGRA, special opportunities for tribal economic opportunity through covered gaming activity in the state. In consideration of the substantial exclusivity, so long as the State does not, after January 1, 2024, authorize or allow the operation of any additional form of gaming within the individual Tribe's Competitive Market, the Tribes agree to pay the State a percentage of the revenue derived from covered game revenues in an amount equal to five percent of the net win received by the Tribes in a calendar year from the play of Class III covered games. The amount is due and payable not later than the 20th day after the last date of the preceding quarter for the revenue received by the Tribes in the preceding quarter.
(b) Payment of revenue due under this Compact shall be made to the comptroller of public accounts of the State. Nothing in this Compact allocates the revenue to a particular state purpose.
(c) This Compact does not authorize the State to impose any tax, fee, charge, or assessment of the Tribes or an enterprise of the Tribes.
(d) The payments provided for in this Section of the Compact are subject to the following restrictions:
(1) In the event the State authorizes the State Lottery to operate Electronic Games of Chance, as defined by this Compact, the payments under this Section shall be reduced by 50 percent as of the date on which those games become available to the public and this reduction shall remain in effect so long as those games remain available to the public. The remaining 50 percent of the payments shall remain in effect as a continuing incentive to the State to refrain from approving the operation of a Commercial Gaming Facility within the individual Tribe's Competitive Market.
(2) In the event the State authorizes or approves the operation of Electronic Games of Chance by a Commercial Gaming Facility within the individual Tribe's Competitive Market Area, the payment obligation under this Section shall be suspended in its entirety so long as the Commercial Gaming Facility continues to operate.
(3) In the event the State authorizes and approves the simultaneous operation of more than one Commercial Gaming Facility, including a licensed pari-mutuel horse or dog track, to operate Electronic Games of Chance, as defined by this Compact, within 100 miles of the boundary of the Tribes, payments made by the Tribes shall be reduced by 75 percent as of the date on which those games become available to the public and this reduction shall remain in effect so long as those games remain available to the public.
SECTION 15. TRIBAL PAYMENTS TO LOCAL UNITS OF GOVERNMENT. (a) In addition to the payments to the State in Section 14 of this Compact, the Tribes shall also make payments in the manner described in this Section in an amount equal to two percent of the annual Net Win to the local units of government that are located in the immediate vicinity of the casino or that are otherwise directly affected by the operation of the casino. It is the intent of the State and the Tribes that the payments to local units of government provided for in this Section will be used primarily to provide financial resources to those political subdivisions of the State that actually experience increased operating costs associated with the operation of the Tribes' Class III gaming facilities.
(b) Local Revenue Sharing Board.
(1) The local units of government within which the gaming facility is located may, at their option, elect to form a Local Revenue Sharing Board in conjunction with the Tribes in the manner described in this Subsection. In that event, the Board shall receive and direct the disbursement of the payments required by this Section.
(2) The Local Revenue Sharing Board shall be created pursuant to an Inter-Governmental Memorandum of Understanding, entered into between the Tribe or Pueblo and the following respective local units of government: (1) the county in which the casino is located; (2) the municipality, village, or township in which the casino is located; and (3) any remaining units of local government in the immediate vicinity of the casino that choose to be parties to the Inter-Governmental Memorandum of Understanding. The Inter-Governmental Memorandum of Understanding shall provide that the Local Revenue Sharing Board shall consist of the following individuals:
(A) one representative selected by the governing body of the county in which the Tribes' Class III gaming facilities are located;
(B) one representative selected by the governing body of the municipality, village, or township in which the Tribes' Class III gaming facilities are located;
(C) one representative selected by the remaining units of local government that are parties to the Inter-Governmental Memorandum of Understanding; and
(D) three representatives selected by the Tribes.
(3) Any disbursement of funds by the Local Revenue Sharing Board concerning the distribution of revenues shall require an affirmative vote of at least four of the six representatives composing the Board.
(4) The Tribes agree that they shall not unreasonably obstruct or impede the formation of their respective Local Revenue Sharing Boards which are amicably formed by the non-Tribal local units of government.
(5) The procedures for the functioning of the Local Revenue Sharing Boards, guidelines for establishment of criteria or a formula for the distribution of revenues, and all other matters not specified in this Compact shall be determined by the non-Tribal members of the Local Revenue Sharing Boards.
(6) Funds paid by the Tribes to the Local Revenue Sharing Boards shall be held in an interest bearing account and the available funds shall be disbursed by the Boards consistent with the following priorities:
(A) Each unit of government shall first receive an amount equal to any specific actual costs incurred by that unit of government as the result of the development or operation of the Tribes' Class III gaming facilities, including payment to local units of government for police, fire, and public safety services.
(B) Each unit of local government shall next receive an amount equivalent to the amount of ad valorem property taxes that the unit of government would have received if the Tribes' Class III gaming facilities were subject to ad valorem property taxes.
(C) The balance of such funds remaining after the disbursements described in Paragraphs (A) and (B) of this Subdivision shall be allocated and disbursed by the Boards to eligible local units of government, including the school district in which the Tribes' Class III gaming facilities are located, to be used by those units of government for any lawful local government purpose.
(7) All payments due the local units of government pursuant to the terms of this Section shall be paid not later than the 20th day after the last day of the preceding quarter for the revenue received by the Tribes in the preceding quarter. Any payments due and owing from the Tribes in the year this Compact is approved, or the final year the Compact is in force, shall reflect the actual Net Win but only for the portion of the year the Compact is in effect.
(c) In the event that the eligible local units of government fail or decline to form a Local Revenue Sharing Board pursuant to Subsection (b), the Tribes shall allocate and disburse the funds required by this Section.
SECTION 16. TAXES. By entering into this agreement, neither the Tribes nor the State of Texas intend to create any new authority, nor to expand or diminish any existing authority, on the part of the State of Texas to impose taxes on the Tribes, their members, or any person or entity doing business with the Tribes pursuant to this Compact.
SECTION 17. LIABILITY FOR DAMAGE TO PERSONS AND PROPERTY. (a) During the term of this Compact, the Tribes shall each maintain public liability insurance with limits of not less than $250,000 for any one person and $4 million for any one occurrence for personal injury, and $2 million for any one occurrence for property damage.
(b) The Tribes' respective insurance policies shall include an endorsement providing that the insurer may not invoke tribal sovereign immunity up to the limits of the policy required under Subsection (a).
(c) Neither the Tribes nor the State are creating, or intend to create, any rights in third parties which would result in any claims for any nature whatsoever against the Tribes or the State as a result of this Compact. Neither the Tribes nor the State have waived immunity from third-party suits or claims of any kind or nature whatsoever against them, and nothing contained in this Compact shall be construed to effect a waiver, in whole or in part, of said immunity.
SECTION 18. PROGRAM TO PROMOTE RESPONSIBLE GAMBLING. (a) Each Tribal Gaming Commission shall establish a program to promote responsible gaming and to mitigate pathological and reckless gambling by requiring:
(1) that all Gaming Facility supervisors and gaming floor employees are trained on responsible gaming and to identify and manage reckless gambling;
(2) that the Gaming Facility make available to patrons at conspicuous locations and ATMs in the Gaming Facility educational and informational materials which aim at the prevention of reckless gambling and that specify where to find assistance;
(3) the Gaming Facility to establish self-exclusion programs whereby a self-identified reckless gambler may request the halt of promotional mailings, the revocation of privileges for casino services, the denial or restraint on the issuance of credit and check cashing services, and exclusion from the Gaming Facility;
(4) the Gaming Facility to establish an involuntary exclusion program that allows the Gaming Operation to halt promotional mailings, deny or restrain the issuance of credit and check cashing services, and deny access to the Gaming Facility to patrons who have exhibited signs of reckless gambling;
(5) the Gaming Facility to display at conspicuous locations and at ATMs within the Gaming Facility signage bearing a toll-free help-line number where patrons may obtain assistance for reckless gambling issues;
(6) the Gaming Facility to make diligent efforts to prevent underage individuals from loitering in the area of the Gaming Facility where the Gaming Activities take place; and
(7) the Gaming Facility to assure that advertising and marketing of the Gaming Activities at the Gaming Facility contain a responsible gambling message and a toll-free help-line number for reckless gamblers, where practical, and that they make no false or misleading claims.
(b) Nothing in this Compact is intended to grant any third party the right to sue based on a perceived violation of these standards.
IN WITNESS WHEREOF, the Tribal Chairperson or Tribal Governor, acting for the Tribes and the Governor acting for the State of Texas have set their hands and seals.
Date: [DATE]
APPROVAL BY THE SECRETARY OF THE INTERIOR
The foregoing Compact between the Indians and the State of Texas is hereby approved this [DATE], pursuant to authority conferred on me by Section 11 of the Indian Gaming Regulatory Act. I direct that it be promptly submitted to the Federal Register for publication.
United States Department of the Interior
for the Secretary of the Interior
A record vote was requested.
Amendment No. 2 was adopted by (Record 1540): 100 Yeas, 31 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Herrero; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lalani; Landgraf; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Moody; Morales, C.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Shine; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Wu.
Nays — Ashby; Bell, C.; Cain; Capriglione; Craddick; Dorazio; Frank; Harris, C.J.; Harrison; Hayes; Hefner; Isaac; Klick; Leo-Wilson; Metcalf; Meza; Morales, E.; Noble; Oliverson; Price; Schaefer; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Anderson; Bumgarner; Clardy; Flores; Gates; Hull; Lambert; Leach; Rogers; Schofield; Wilson; Zwiener.
STATEMENTS OF VOTE
When Record No. 1540 was taken, I was in the house but away from my desk. I would have voted no.
Anderson
When Record No. 1540 was taken, I was shown voting no. I intended to vote yes.
Ashby
When Record No. 1540 was taken, I was shown voting yes. I intended to vote no.
Schatzline
A record vote was requested.
CSHB 2843, as amended, was passed to engrossment by (Record 1541): 63 Yeas, 49 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Buckley; Bucy; Button; Campos; Canales; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Frazier; Garcia; Geren; Gervin-Hawkins; Goldman; González, M.; Harless; Howard; Hull; Hunter; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lozano; Manuel; Meyer; Moody; Morales Shaw; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Raney; Reynolds; Romero; Rose; Rosenthal; Talarico; Thimesch; Thompson, S.; Turner; Vo.
Nays — Anderson; Bell, C.; Bryant; Burns; Burrows; Cain; Capriglione; Craddick; Dorazio; Frank; Gates; Gerdes; Guerra; Harris, C.J.; Hayes; Hefner; Hinojosa; Isaac; Klick; Leo-Wilson; Lujan; Martinez; Martinez Fischer; Metcalf; Meza; Morales, C.; Morales, E.; Muñoz; Noble; Oliverson; Paul; Price; Ramos; Schaefer; Schatzline; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thompson, E.; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bhojani; Bowers; Bumgarner; Clardy; Flores; Gámez; González, J.; Goodwin; Guillen; Harris, C.E.; Harrison; Herrero; Holland; Johnson, A.; Kacal; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Morrison; Murr; Plesa; Raymond; Rogers; Schofield; Thierry; Troxclair; VanDeaver; Wu; Zwiener.
STATEMENTS OF VOTE
When Record No. 1541 was taken, I was shown voting yes. I intended to vote no.
Ashby
When Record No. 1541 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 1541 was taken, I was temporarily out of the house chamber. I would have voted yes.
Bumgarner
When Record No. 1541 was taken, I was shown voting yes. I intended to vote no.
DeAyala
When Record No. 1541 was taken, I was shown voting no. I intended to vote yes.
Guerra
When Record No. 1541 was taken, my vote failed to register. I would have voted yes.
Guillen
When Record No. 1541 was taken, I was temporarily out of the house chamber. I would have voted no.
C.E. Harris
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
When Record No. 1541 was taken, my vote failed to register. I would have voted yes.
J. Lopez
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted yes.
Murr
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted yes.
Raymond
When Record No. 1541 was taken, my vote failed to register. I would have voted yes.
Wu
When Record No. 1541 was taken, I was in the house but away from my desk. I would have voted yes.
Zwiener
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 3600 ON SECOND READING
(by Price, Shine, Gervin-Hawkins, Moody, Clardy, et al.)
HB 3600, A bill to be entitled An Act relating to the establishment of the Texas Multimedia Production Program; providing tax credits; authorizing fees.
HB 3600 was read second time on May 1, postponed until May 8, and was again postponed until 9 a.m. today.
Representative Price moved to postpone consideration of HB 3600 until 10 a.m. Saturday, May 11, 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, postponed until May 10, and was again postponed until 9 a.m. today.
Amendment No. 1
Representative Patterson offered the following amendment to CSHB 2650:
Amend CSHB 2650 on page 2, line 4, by striking "trauma-informed response".
Amendment No. 1 was adopted.
CSHB 2650, as amended, was passed to engrossment.
(Goldman in the chair)
SB 1860 ON SECOND READING
(Craddick - House Sponsor)
SB 1860, A bill to be entitled An Act relating to the adoption of a climate policy in a municipal charter.
SB 1860 was considered in lieu of HB 4930.
SB 1860 was read second time.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Herrero on motion of Martinez Fischer.
SB 1860 - (consideration continued)
Amendment No. 1
Representative Zwiener offered the following amendment to SB 1860:
Amend SB 1860 (house committee printing) on page 2, line 19, by striking "January 1, 2025" and substituting "September 1, 2025".
Amendment No. 1 was adopted.
SB 1860, as amended, was passed to third reading.
HB 4930 - LAID ON THE TABLE SUBJECT TO CALL
Representative Craddick moved to lay HB 4930 on the table subject to call.
The motion prevailed.
SB 1860 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Capriglione moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 1860 all joint authors and co-authors for HB 4930 who sign on to HB 4930 before SB 1860 passes the house on third reading.
The motion prevailed.
SB 543 ON SECOND READING
(Ordaz - House Sponsor)
SB 543, A bill to be entitled An Act relating to the conveyance of property by a municipality for the public purpose of economic development.
SB 543 was considered in lieu of HB 1492.
SB 543 was read second time.
A record vote was requested.
SB 543 was passed to third reading by (Record 1542): 96 Yeas, 41 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Campos; Canales; Clardy; Cole; Collier; Cortez; Darby; Davis; Dean; Dorazio; Dutton; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hinojosa; Holland; 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; 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; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Anderson; Bell, C.; Bell, K.; Buckley; Bumgarner; Burrows; Button; Cain; Capriglione; Cook; Craddick; Cunningham; DeAyala; Frank; Frazier; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Klick; Leo-Wilson; Metcalf; Noble; Patterson; Paul; Schaefer; Schatzline; Shaheen; Slawson; Swanson; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Harless; Lozano; Morrison; Raney.
STATEMENTS OF VOTE
When Record No. 1542 was taken, I was shown voting no. I intended to vote yes.
Button
When Record No. 1542 was taken, I was in the house but away from my desk. I would have voted yes.
Harless
HB 1492 - LAID ON THE TABLE SUBJECT TO CALL
Representative Ordaz moved to lay HB 1492 on the table subject to call.
The motion prevailed.
CSHJR 25 ON SECOND READING
(by Zwiener, T. King, and Murr)
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.
CSHJR 25 was read second time on May 10 and was postponed until 10 a.m. today.
CSHJR 25 was adopted by (Record 1543): 110 Yeas, 27 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Hayes; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, K.; King, T.; Kitzman; Kuempel; Lalani; Lambert; Landgraf; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Perez; Plesa; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vo; Wilson; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Cain; Craddick; Harless; Harris, C.J.; Harrison; Hefner; Hull; Kacal; Klick; Leach; Leo-Wilson; Metcalf; Noble; Patterson; Paul; Price; Raney; Schaefer; Shaheen; Slawson; Swanson; Tepper; Tinderholt; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Lozano; Morrison; Oliverson; Ramos.
STATEMENTS OF VOTE
When Record No. 1543 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1543 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 1543 was taken, I was shown voting yes. I intended to vote no.
Wilson
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.
HB 649 was read second time on May 10 and was postponed until 4 p.m. today.
Representative Hinojosa moved to postpone consideration of HB 649 until 10:30 p.m. today.
The motion prevailed.
HB 3452 ON THIRD 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.
HB 3452 was read third time earlier today and was postponed until this time.
HB 3452 was passed by (Record 1544): 79 Yeas, 59 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Buckley; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Hinojosa; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Lopez, J.; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Tepper; Thierry; Thimesch; Thompson, E.; Turner; VanDeaver; Vasut.
Nays — Anchía; Bernal; Bowers; Bryant; Bucy; Bumgarner; Canales; Cole; Davis; Dorazio; Flores; Gámez; González, J.; González, M.; Goodwin; Guerra; Harrison; Hayes; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Leo-Wilson; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Schaefer; Schatzline; Spiller; Stucky; Swanson; Talarico; Thompson, S.; Tinderholt; Toth; Troxclair; Vo; Wilson; Zwiener.
Present, not voting — Mr. Speaker; Gervin-Hawkins; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Lozano; Wu.
STATEMENTS OF VOTE
When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.
Cortez
When Record No. 1544 was taken, I was shown voting no. I intended to vote yes.
Dorazio
When Record No. 1544 was taken, I was shown voting no. I intended to vote yes.
Harrison
When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1544 was taken, I was shown voting no. I intended to vote yes.
Leo-Wilson
When Record No. 1544 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.
E. Morales
When Record No. 1544 was taken, I was shown voting no. I intended to vote yes.
Schatzline
When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.
Turner
HB 1667 ON THIRD READING
(by Jetton, et al.)
HB 1667, A bill to be entitled An Act relating to the reporting of child abuse or neglect.
HB 1667 was read third time earlier today, postponed until 1 p.m. today, and was again postponed until this time.
Amendment No. 1
Representative Jetton offered the following amendment to HB 1667:
Amend HB 1667 on third reading by striking SECTION 13 of the bill (house second reading engrossment), as amended by Amendment No. 3 by Swanson, providing nonamendatory transition language, and substituting the following appropriately numbered SECTION:
SECTION ____. The changes in law made by this Act apply only to a report of suspected abuse or neglect of a child that is made on or after the effective date of this Act. A report of suspected abuse or neglect that is made before that date is governed by the law in effect on the date the report was made, and that law is continued in effect for that purpose.
Amendment No. 1 was adopted.
HB 1667, as amended, was passed by (Record 1545): 123 Yeas, 14 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; 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; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Price; Raney; Raymond; Reynolds; Rogers; 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; Zwiener.
Nays — Bryant; Canales; Gámez; Gates; Johnson, A.; Jones, J.; Martinez; Morales, C.; Neave Criado; Perez; Plesa; Ramos; Romero; Rose.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Anderson; Lalani; Morales Shaw; Wu.
STATEMENTS OF VOTE
When Record No. 1545 was taken, my vote failed to register. I would have voted no.
Morales Shaw
When Record No. 1545 was taken, I was shown voting no. I intended to vote yes.
Rose
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 3487 ON SECOND READING
(by Turner)
HB 3487, A bill to be entitled An Act relating to certain expenditures by public institutions of higher education and university systems that are eligible for certain tax credits.
A record vote was requested.
HB 3487 was passed to engrossment by (Record 1546): 86 Yeas, 41 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bucy; Burns; Burrows; Button; Campos; Capriglione; Clardy; Cole; Collier; Cortez; Darby; Davis; Flores; Frank; Gámez; Garcia; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Holland; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Romero; Rose; Rosenthal; Shine; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Buckley; Bumgarner; Cain; Cook; Craddick; Cunningham; Dean; DeAyala; Gates; Gerdes; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Kitzman; Klick; Leo-Wilson; Metcalf; Noble; Oliverson; Orr; Patterson; Paul; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smithee; Spiller; Swanson; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C); Howard.
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bryant; Canales; Dorazio; Dutton; Frazier; Gervin-Hawkins; Harris, C.E.; Hinojosa; Hunter; Morales, C.; Reynolds; Rogers; Smith.
STATEMENTS OF VOTE
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1546 was taken, I was shown voting no. I intended to vote yes.
Cook
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted no.
Dorazio
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Gervin-Hawkins
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted no.
C.E. Harris
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Hinojosa
When Record No. 1546 was taken, I was shown voting present, not voting. I intended to vote yes.
Howard
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
C. Morales
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted yes.
Reynolds
When Record No. 1546 was taken, I was in the house but away from my desk. I would have voted no.
Rogers
When Record No. 1546 was taken, I was shown voting yes. I intended to vote no.
Stucky
CSHB 5406 ON SECOND READING
(by Rogers)
CSHB 5406, A bill to be entitled An Act relating to the creation of the Cross Timbers Regional Utility Authority; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
CSHB 5406 was passed to engrossment.
CSHB 5025 ON SECOND READING
(by Zwiener and Isaac)
CSHB 5025, A bill to be entitled An Act relating to the boundaries of the single-member districts for and vacancies on the board of directors of the Hays Trinity Groundwater Conservation District.
A record vote was requested.
CSHB 5025 was passed to engrossment by (Record 1547): 98 Yeas, 40 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Capriglione; Cole; Collier; Cook; Cortez; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hinojosa; Howard; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Buckley; Bumgarner; Burns; Burrows; Button; Cain; Clardy; Craddick; Cunningham; Dean; Frank; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Landgraf; Leach; Leo-Wilson; Metcalf; Murr; Noble; Patterson; Paul; Schaefer; Schatzline; Shaheen; Slawson; Swanson; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Canales; Hunter; Morales, C.
STATEMENTS OF VOTE
When Record No. 1547 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1547 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1547 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1547 was taken, I was in the house but away from my desk. I would have voted yes.
C. Morales
HB 5160 ON SECOND READING
(by Darby)
HB 5160, A bill to be entitled An Act relating to the authority of the board of directors to select a depository bank for the West Coke County Hospital District.
A record vote was requested.
HB 5160 was passed to engrossment by (Record 1548): 123 Yeas, 9 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Button; Campos; Capriglione; Clardy; Cook; 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; Hinojosa; Holland; Howard; Hull; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; 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; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vo; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Isaac; Patterson; Shaheen; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Burrows; Canales; Cole; Collier; Cortez; Hunter; Johnson, J.D.; Manuel; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
When Record No. 1548 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.
Manuel
When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.
S. Thompson
HB 5359 ON SECOND READING
(by Bucy, Wilson, and C.E. Harris)
HB 5359, A bill to be entitled An Act relating to the approval and creation of the Williamson County Development District No. 1; and to the administration, powers, duties, operation, and financing of the district, including the authority to impose an assessment, a tax, and issue bonds.
Amendment No. 1
Representative Bucy offered the following amendment to HB 5359:
Amend HB 5359 (house committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 4006 to read as follows:
CHAPTER 4006. WILLIAMSON COUNTY DEVELOPMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4006.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Williamson County.
(3) "Director" means a board member.
(4) "District" means the Williamson County Development District No. 1.
Sec. 4006.0102. NATURE OF DISTRICT. The Williamson County Development District No. 1 is a special district created under Section 52, Article III, Texas Constitution, and has all the rights, powers, privileges, authority, functions, and duties provided by Chapter 383, Local Government Code.
Sec. 4006.0103. PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, Texas Constitution, and other public purposes stated in this chapter and Chapter 383, Local Government Code.
(b) The district will serve the public purpose of developing and diversifying the economy of the state and the district by providing for the development of projects to attract visitors and tourists and increase employment in the manner provided by Chapter 383, Local Government Code.
(c) By creating the district and in authorizing the county and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(d) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
Sec. 4006.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by this chapter.
(b) The district is created to serve a public use and benefit.
(c) The creation of the district is in the public interest and is essential to further the public purposes of:
(1) developing and diversifying the economy of the state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and
(4) provide for water, wastewater, drainage, and road facilities for the district authorized by Section 52, Article III, Texas Constitution.
(e) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 4006.0105. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of revenue bond for the purposes for which the district is created or to pay the principal of and interest on the bonds;
(3) right to impose or collect an assessment; or
(4) legality or operation.
Sec. 4006.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:
(1) a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303, Government Code.
Sec. 4006.0107. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4006.0201. GOVERNING BODY; TERMS. (a) Except in the case of a conflict with this subchapter, Subchapter C, Chapter 383, Local Government Code, applies to the district.
(b) The district is governed by a board of five directors who serve staggered terms of four years with two or three directors' terms expiring June 1 of each odd-numbered year.
Sec. 4006.0202. QUALIFICATIONS OF DIRECTOR. To be qualified to serve as a director, a person must be:
(1) at least 21 years old;
(2) a resident of this state; and
(3) either:
(A) an owner of property in the district; or
(B) a qualified voter of the county.
Sec. 4006.0203. RECOMMENDATIONS FOR SUCCEEDING DIRECTORS. (a) Before the expiration of a director's term or upon a vacancy, the board shall submit to the commissioners court of the county the name of a candidate to serve as a director.
(b) If the commissioners court determines that the candidate is qualified under Section 4006.0202, the court shall approve the candidate to serve on the board. If the commissioners court determines that the candidate is not qualified under Section 4006.0202, the board shall submit an alternate candidate on the request of the commissioners court.
Sec. 4006.0204. QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted:
(1) a board position vacant for any reason, including death, resignation, or disqualification; or
(2) a director who is abstaining from participation in a vote because of a conflict of interest.
Sec. 4006.0205. COMPENSATION. A director is entitled to receive fees of office and reimbursement for actual expenses in the manner provided by Section 49.060, Water Code. Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Sec. 4006.0206. INITIAL DIRECTORS; DISSOLUTION. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commissioners court of the county requesting that the commissioners court appoint as initial directors five persons named in the petition. The commissioners court shall appoint as initial directors the persons named in the petition.
(b) The initial directors shall determine by lot which three positions expire June 1, 2025, and which two positions expire June 1, 2027.
(c) The district is considered to have been dissolved on September 1, 2025, if initial directors are not appointed before that date.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4006.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created, including the rights, powers, privileges, authority, functions, and duties provided by Chapter 383, Local Government Code, to county development districts.
Sec. 4006.0302. SPECIFIC POWERS AND DUTIES. The district's rights, powers, privileges, authority, functions, and duties include:
(1) utilizing funds, whether the funds are derived from sales and use taxes, hotel occupancy taxes, assessments, revenues from a project, or any other source, for payment of projects or services in the manner authorized by Section 375.181, Local Government Code, and Chapter 383, Local Government Code;
(2) entering into obligations, including lease purchase agreements, certificates of participation in lease purchase agreements, revenue bonds and notes, and other interest-bearing obligations, in the manner specified in Sections 375.201-375.205, Local Government Code;
(3) exercising the rights, powers, and authority given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project described by that chapter;
(4) providing for public improvements described by Section 372.003(b), Local Government Code; and
(5) exercising all of the rights, powers, and authority granted to the district by this chapter, and all of the rights, powers, and authority granted to the district by Chapter 383, Local Government Code, to finance, construct, or otherwise acquire public improvements in the district, including the costs of issuance of the obligations of the district.
Sec. 4006.0303. AGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec. 4006.0304. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county or a municipality, to provide law enforcement services in the district for a fee.
Sec. 4006.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Sec. 4006.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs and exercise the economic development powers provided to municipalities by Chapter 380, Local Government Code.
Sec. 4006.0307. STRATEGIC PARTNERSHIP AGREEMENT. The district may negotiate and enter into a written strategic partnership agreement with a municipality under Section 43.0751, Local Government Code.
Sec. 4006.0308. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, subdivision requirements, and regulations of the county in which the road project is located.
(b) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Sec. 4006.0309. NO AD VALOREM TAX. The district may not impose an ad valorem tax.
Sec. 4006.0310. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain.
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 4006.0401. PARKING FACILITIES AUTHORIZED; OPERATION BY PRIVATE ENTITY. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets; and
(2) equipment, entrances, exits, fencing, and other accessories necessary for safety and convenience in parking vehicles.
(b) A parking facility of the district may be leased to or operated for the district by an entity other than the district.
(c) The district's parking facilities are a program authorized by the legislature under Section 52-a, Article III, Texas Constitution.
(d) The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
Sec. 4006.0402. RULES. The district may adopt rules governing the district's parking facilities.
Sec. 4006.0403. FINANCING OF PARKING FACILITIES. (a) The district may use any of its resources, including revenue, assessments, sales and use taxes, hotel occupancy taxes, or grant or contract proceeds, to pay the cost of acquiring or operating parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or tolls for the use of the parking facilities; and
(2) issue revenue bonds or notes to finance the cost of the parking facilities.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 4006.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of director's signatures and the procedure required for a disbursement or transfer of the district's money.
Sec. 4006.0502. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain an improvement or service authorized under this chapter or Chapter 383, Local Government Code, using any money available to the district for that purpose.
Sec. 4006.0503. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board may impose and collect assessments in the manner specified by Subchapter F, Chapter 375, Local Government Code, and this section for any purpose authorized by this chapter in all or any part of the district.
(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that a taxing unit, as that term is defined by Section 1.04, Tax Code, may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec. 4006.0504. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. The district may not impose an assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3) a telecommunications provider as defined by Section 51.002, Utilities Code; or
(4) a person who provides to the public cable television or advanced telecommunications services.
Sec. 4006.0505. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. Section 375.205, Local Government Code, does not apply to a loan, line of credit, or other borrowing from a bank or financial institution secured by revenue.
(b) The district may, without an election, issue revenue bonds, notes, or other obligations payable wholly or partly from sales and use taxes, hotel occupancy taxes, assessments, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
Sec. 4006.0506. CONSENT OF MUNICIPALITY NOT REQUIRED. The board is not required to obtain consent to the creation of the district or to the inclusion of land in the district from any municipality in whose corporate limits or extraterritorial jurisdiction the district is located before the board issues bonds.
SUBCHAPTER F. SALES AND USE TAX
Sec. 4006.0601. MEANINGS OF WORDS AND PHRASES. A word or phrase used in this subchapter that is defined by Chapters 151 and 321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax Code.
Sec. 4006.0602. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. (a) Except as otherwise provided by this subchapter, Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes imposed under this subchapter and to the administration and enforcement of those taxes in the same manner that those laws apply to state taxes.
(b) Chapter 321, Tax Code, relating to municipal sales and use taxes, applies to the application, collection, change, and administration of a sales and use tax imposed under this subchapter to the extent consistent with this chapter, as if references in Chapter 321, Tax Code, to a municipality referred to the district and references to a governing body referred to the board.
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, 321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not apply to a tax imposed under this subchapter.
Sec. 4006.0603. AUTHORIZATION; ELECTION. (a) The district may adopt a sales and use tax to serve the purposes of the district after an election in which a majority of the voters of the district voting in the election authorize the adoption of the tax.
(b) The board by order may call an election to authorize a sales and use tax. The election may be held with any other district election.
(c) The district shall provide notice of the election and shall call the election in the manner prescribed by Sections 383.031 and 383.032, Local Government Code.
(d) The ballots shall be printed to provide for voting for or against the proposition: "Authorization of a sales and use tax in the Williamson County Development District No. 1 at a rate not to exceed ___ percent."
Sec. 4006.0604. ABOLISHING SALES AND USE TAX. (a) Except as provided by Subsection (b), the board may abolish the sales and use tax without an election.
(b) The board may not abolish the sales and use tax if the district has outstanding debt secured by the tax.
Sec. 4006.0605. SALES AND USE TAX RATE. (a) On adoption of the tax authorized by this subchapter, a tax is imposed on the receipts from the sale at retail of taxable items in the district and an excise tax is imposed on the use, storage, or other consumption in the district of taxable items purchased, leased, or rented from a retailer during the period that the tax is in effect.
(b) The board shall determine the rate of the tax, which may be in one-eighth of one percent increments not to exceed the maximum rate authorized by the district voters at the election. The board may lower the tax rate to the extent the rate does not impair any outstanding debt or obligations payable from the tax.
(c) The rate of the excise tax is the same as the rate of the sales tax portion of the tax and is applied to the sales price of the taxable item.
SUBCHAPTER G. HOTEL OCCUPANCY TAXES
Sec. 4006.0701. HOTEL OCCUPANCY TAX. (a) In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Chapter 351, Tax Code, to a municipality is a reference to the district and a reference in Chapter 351, Tax Code, to the municipality's officers or governing body is a reference to the board.
(c) Except as inconsistent with this section, Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax authorized by this section.
(d) The district may impose a hotel occupancy tax and use the revenue from the tax for any district purpose that is an authorized use of hotel occupancy tax revenue under Chapter 351, Tax Code.
(e) The board by order may impose, repeal, increase, or decrease the rate of a tax on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to the use or possession of a room that:
(1) is in a hotel located in the district's boundaries;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
(f) The amount of the tax may not exceed seven percent of the price paid for a room in a hotel.
(g) The district may examine and receive information related to the imposition of hotel occupancy taxes to the same extent as if the district were a municipality.
SECTION 2. The Williamson County Development District No. 1 initially includes all territory contained in the following area:
BEING a 148.88 acre tract of land situated in the Rachael Saul Survey, Abstract Number 551 and the Thomas P. Davy Survey, Abstract Number 169, in Williamson County, Texas, being all portion of the tracts of land described as Tract One and Tract Two in the deed to Pearson Ranch, LLC recorded in Document Number 2019122036, Official Public Records of Williamson County, Texas, and a portion of Pearson Ranch West, Phase 1, an addition in Williamson County, Texas recorded in Document Number 2021146789, Official Public Records of Williamson County, Texas, said 148.88 acre tract of land being more particularly described as follows;
BEGINNING at a point in the north right-of-way line of North State Highway 45W (a variable width right-of-way) being the common south corner of said Pearson Ranch, LLC tract and a tract of land described as Tract 1 in the deed to JME-JFE Limited Partnership recorded in Document Number 2012056983, Official Public Records of Williamson County, Texas;
THENCE South 68 degrees 25 minutes 02 seconds West, along the north right-of-way line of North State Highway 45W, a distance of 95.48 feet to a point for corner;
THENCE South 22 degrees 12 minutes 41 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 27.72 feet to a point for corner;
THENCE South 67 degrees 43 minutes 05 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 1,426.94 feet to a point for corner;
THENCE South 65 degrees 14 minutes 23 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 228.74 feet to a point for the beginning of a circular curve to the right, having a radius of 2,844.79 feet and whose chord bears South 66 degrees 13 minutes 40 seconds West, a chord distance of 110.08 feet;
THENCE Southwesterly, continuing along the north right-of-way line of North State Highway 45W and said circular curve to the left, through a central angle of 02 degrees 13 minutes 02 seconds, an arc length of 110.09 feet to point for corner at the end of said curve;
THENCE South 67 degrees 16 minutes 38 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 12.96 feet to a point for corner;
THENCE South 67 degrees 32 minutes 33 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 830.67 feet to point for corner;
THENCE South 68 degrees 18 minutes 17 seconds West, continuing along the north right-of-way line of North State Highway 45W, a distance of 841.90 feet to point for corner in the north right-of-way line of the Southern Pacific Railroad (100' wide);
THENCE North 69 degrees 12 minutes 37 seconds West, departing the north right-of-way line of North State Highway 45W and along the north right-of-way line of the Southern Pacific Railroad, a distance of 545.04 feet to a point for corner;
THENCE North 00 degrees 07 minutes 59 seconds West, departing the north right-of-way line of the Southern Pacific Railroad, a distance of 275.22 feet to a point for corner;
THENCE North 00 degrees 09 minutes 50 seconds West, a distance of 981.45 feet to a point for corner;
THENCE North 68 degrees 46 minutes 14 seconds East, a distance of 1,549.15 feet to a point for corner;
THENCE North 68 degrees 50 minutes 57 seconds East, a distance of 590.38 feet to a point for corner;
THENCE North 17 degrees 54 minutes 02 seconds West, a distance of 1,320.44 feet to a point for corner;
THENCE North 68 degrees 59 minutes 52 seconds East, a distance of 708.02 feet to a point for corner;
THENCE South 17 degrees 54 minutes 30 seconds East, a distance of 1,137.92 feet to a point for corner;
THENCE North 84 degrees 50 minutes 51 seconds East, a distance of 930.90 feet to a point for corner;
THENCE South 10 degrees 36 minutes 54 seconds East, a distance of 674.79 feet to a point for corner;
THENCE South 10 degrees 40 minutes 16 seconds East, a distance of 290.66 feet to a point for corner;
THENCE South 10 degrees 37 minutes 54 seconds East, a distance of 417.94 feet to the POINT OF BEGINNING and CONTAINING a computed area of 155.79 acres, or 6,786,298 square feet of land, more or less.
SAVE AND EXCEPT that portion located within the municipality, all of Lot 1, Block A, said Pearson Ranch West, Texas, Phase 1, being 6.909 acres or 300,970 square feet LEAVING A NET ACREAGE of 148.88 acres or 6,485,328 square feet of land, more or less.
SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law.
(b) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.
Amendment No. 1 was adopted.
A record vote was requested.
HB 5359, as amended, was passed to engrossment by (Record 1549): 108 Yeas, 27 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Campos; Canales; Capriglione; Cole; Collier; Cortez; Darby; Davis; DeAyala; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.J.; Hayes; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smithee; Spiller; Stucky; Talarico; Thierry; Thompson, S.; Turner; Vo; Wilson; Wu; Zwiener.
Nays — Anderson; Cain; Clardy; Cook; Craddick; Cunningham; Dean; Dorazio; Harris, C.E.; Harrison; Hefner; Isaac; Metcalf; Noble; Paul; Schaefer; Schatzline; Slawson; Smith; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Burrows; Button; Dutton; King, K.; Leo-Wilson; VanDeaver.
SB 2594 ON SECOND READING
(Bailes - House Sponsor)
SB 2594, A bill to be entitled An Act relating to the creation of the Liberty County Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
SB 2594 was considered in lieu of HB 5351.
SB 2594 - POINT OF ORDER
Representative C.J. Harris raised a point of order against further consideration of SB 2594 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.
(Speaker in the chair)
The point of order was withdrawn.
Representative Bailes moved to postpone consideration of SB 2594 until 10 a.m. Thursday, June 1.
The motion prevailed.
HB 5351 - LAID ON THE TABLE SUBJECT TO CALL
Representative Bailes moved to lay HB 5351 on the table subject to call.
The motion prevailed.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 18).
HB 5375 ON SECOND READING
(by Metcalf)
HB 5375, A bill to be entitled An Act relating to the creation of the Montgomery County Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
A record vote was requested.
HB 5375 was passed to engrossment by (Record 1550): 124 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hinojosa; Holland; 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; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; 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; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Wu; Zwiener.
Nays — Cain; Dorazio; Harrison; Leo-Wilson; Noble; Schaefer; Schatzline; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bell, C.; Bernal; Goldman; Howard; Johnson, J.D.; Morrison; Vo.
STATEMENTS OF VOTE
When Record No. 1550 was taken, my vote failed to register. I would have voted yes.
C. Bell
When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.
Holland
When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.
Isaac
SB 1457 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative S. Thompson moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Davis and Garcia as house sponsors to SB 1457.
The motion prevailed.
HB 361 ON SECOND READING
(by S. Thompson)
HB 361, A bill to be entitled An Act relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
HB 361 was passed to engrossment.
HB 4172 ON SECOND READING
(by Price)
HB 4172, A bill to be entitled An Act relating to the authority of the governing body of a hospital district to vote for candidates for director of the appraisal district in which the hospital district participates.
HB 4172 was passed to engrossment.
CSHB 1164 ON SECOND READING
(by Gervin-Hawkins)
CSHB 1164, A bill to be entitled An Act relating to health benefit plan coverage for hair prostheses for breast cancer patients.
A record vote was requested.
CSHB 1164 was passed to engrossment by (Record 1551): 101 Yeas, 41 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hinojosa; 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; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Buckley; Bumgarner; Cain; Cook; DeAyala; Dorazio; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Jetton; Kitzman; Klick; Leo-Wilson; Metcalf; Noble; Oliverson; Orr; Paul; Rogers; Schaefer; Schatzline; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
STATEMENT OF VOTE
When Record No. 1551 was taken, I was shown voting yes. I intended to vote no.
Dean
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).
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. 21).
HB 2687 ON SECOND READING
(by Leach)
HB 2687, A bill to be entitled An Act relating to the age at which a juvenile court may exercise jurisdiction over a child.
Amendment No. 1
Representative Leach offered the following amendment to HB 2687:
Amend HB 2687 (house committee printing) as follows:
(1) On page 2, strike lines 14-17 and substitute the following:
YEARS OF AGE. (a) Not later than the 30th day after the date on which a preliminary investigation under Section 53.01 concludes, the attorney representing the state shall file a petition requesting a hearing to determine whether the juvenile court should waive its exclusive original jurisdiction over a child younger than 13 years of age.
(2) On page 2, between lines 17 and 18, insert the following appropriately lettered subsection and reletter subsequent subsections and cross-references to those subsections accordingly:
(____) After the petition under Subsection (a) has been filed, the juvenile court shall set a time for the hearing. The hearing must be held:
(1) without a jury; and
(2) before an adjudication hearing may occur.
(3) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Articles 45.058(h) and (i), Code of Criminal Procedure, are amended to read as follows:
(h) In this article, "child" means a person who is:
(1) at least 13 [10] years of age and younger than 17 years of age; and
(2) charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.
(i) If a law enforcement officer [issues a citation or] files a complaint in the manner provided by Article 45.018 for conduct by a child 13 [12] years of age or older that is alleged to have occurred on school property or on a vehicle owned or operated by a county or independent school district, the officer shall submit to the court the offense report, a statement by a witness to the alleged conduct, and a statement by a victim of the alleged conduct, if any. An attorney representing the state may not proceed in a trial of an offense unless the law enforcement officer complied with the requirements of this subsection.
SECTION ____. Section 37.141(1), Education Code, is amended to read as follows:
(1) "Child" means a person who is:
(A) a student; and
(B) at least 13 [10] years of age and younger than 18 years of age.
SECTION ____. Sections 8.07(d) and (e), Penal Code, are amended to read as follows:
(d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)(4) or (5) that the person committed when younger than 13 [10] years of age.
(e) A person who is at least 13 [10] years of age but younger than 15 years of age is presumed incapable of committing an offense described by Subsection (a)(4) or (5), other than an offense under a juvenile curfew ordinance or order. This presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. The prosecution is not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense.
SECTION ____. The following provisions are repealed:
(1) Article 45.058(j), Code of Criminal Procedure;
(2) Sections 37.124(d) and 37.126(c), Education Code; and
(3) Section 42.01(f), Penal Code.
SECTION ____. (a) As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement and the Texas School Safety Center shall update the training provided to school resource officers and other peace officers to include the changes in law made by this Act.
(b) As soon as practicable after the effective date of this Act, the Texas Juvenile Justice Department shall update the training provided to juvenile probation departments to include the changes in law made by this Act.
(c) As soon as practicable after the effective date of this Act, the Supreme Court of Texas Children's Commission shall disseminate information to judges and attorneys in this state regarding the changes in law made by this Act.
Amendment No. 1 was adopted.
A record vote was requested.
HB 2687, as amended, was passed to engrossment by (Record 1552): 126 Yeas, 15 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; 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; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; 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; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, C.; Cain; Gerdes; Harris, C.J.; Hayes; Hefner; Kitzman; Metcalf; Noble; Schaefer; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Buckley.
STATEMENT OF VOTE
When Record No. 1552 was taken, I was shown voting yes. I intended to vote no.
Isaac
HR 1711 - ADOPTED
(by Anchía)
Representative Anchía moved to suspend all necessary rules to take up and consider at this time HR 1711.
The motion prevailed.
The following resolution was laid before the house:
HR 1711, Commending Marissa Cummings for her service as a Texas Legislative Internship Program Fellow and legislative aide in the office of State Representative Rafael Anchía.
The chair recognized Representative Anchía who addressed the house, speaking as follows:
This chamber would not function without our hardworking staff, and today I just want to shout out my incredibly hardworking team, for which I am grateful. Today is the last day—or penultimate day, I should say—that I get to experience the extreme good fortune of working with Marissa Cummings, who is a distinguished fellow in the Texas Legislative Internship Program, also known as TLIP. Because tomorrow is her last day in the pink dome, she is going to be moving on and pursuing her dreams working at Legal Aid of North Carolina as an attorney. We did not want her to leave without being recognized for her work, her dedication, and her service to all Texans. Marissa has been a vital member of the team. She has been particularly involved with critical policy issues such as voting rights, improving health care access, LGBTQIA rights, and gun safety.
Marissa is currently a student at the esteemed Texas Southern University Thurgood Marshall School of Law, and she is a graduate of the University of Houston, where she holds a bachelor's degree in broadcast journalism. And she worked for Houston Public Media's News 88.7 and for KIII TV—Channel 3 News in Corpus Christi. Members, Chairman Hunter, I thought you'd appreciate that. She did all that before pursuing her legal studies.
So Marissa, on behalf of the Texas House of Representatives, I want to extend our sincerest best wishes for your continued success in all your endeavors. And members, I ask that you join me in congratulating the great Marissa Cummings. Marissa, take a bow.
REMARKS ORDERED PRINTED
Representative Smith moved to print remarks by Representative Anchía on HR 1711.
The motion prevailed.
HR 1711 was adopted.
CSHB 2927 ON SECOND READING
(by Turner)
CSHB 2927, A bill to be entitled An Act relating to quarantine leave for certain public safety employees.
CSHB 2927 was passed to engrossment.
CSHB 4845 ON SECOND READING
(by Allison and Meza)
CSHB 4845, A bill to be entitled An Act relating to the establishment of a bullying prevention pilot program for public schools.
A record vote was requested.
CSHB 4845 was passed to engrossment by (Record 1553): 96 Yeas, 44 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dean; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hinojosa; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kuempel; Lalani; Lambert; Landgraf; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shine; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, C.; Buckley; Bumgarner; Cain; Capriglione; Cook; Craddick; DeAyala; Dorazio; Dutton; Frank; Gates; Gerdes; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Isaac; Kitzman; Klick; Leach; Leo-Wilson; Metcalf; Noble; Oliverson; Paul; Price; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — King, K.; Smithee.
STATEMENTS OF VOTE
When Record No. 1553 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1553 was taken, I was shown voting no. I intended to vote yes.
Buckley
When Record No. 1553 was taken, I was shown voting yes. I intended to vote no.
Thimesch
CSHB 1452 ON SECOND READING
(by Anchía, Bonnen, Shine, and Rose)
CSHB 1452, A bill to be entitled An Act relating to insurance coverage for the disposition of embryonic and fetal tissue remains.
A record vote was requested.
CSHB 1452 was passed to engrossment by (Record 1554): 76 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burrows; Campos; Canales; Clardy; Cole; Collier; Cortez; Darby; Davis; Dutton; Flores; Frank; Gámez; Garcia; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Lalani; Leach; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shine; Talarico; Thierry; Thompson, S.; Turner; Vo; Zwiener.
Nays — Anderson; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Button; Cain; Capriglione; Cook; Craddick; Dean; DeAyala; Dorazio; Frazier; Gates; Gerdes; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Jetton; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leo-Wilson; Lujan; Metcalf; Murr; Noble; Oliverson; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Shaheen; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Cunningham; Hunter; Morrison; Orr; Wu.
STATEMENT OF VOTE
When Record No. 1554 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
CSHB 4483 ON SECOND READING
(by Lozano)
CSHB 4483, A bill to be entitled An Act relating to a study by the Texas A&M Transportation Institute regarding the economic impact of navigation districts on the state and local economies.
CSHB 4483 - REMARKS
REPRESENTATIVE LOZANO: This bill would create an economic impact study by the Texas A&M Transportation Institute regarding the impact of navigation districts on the state and local economies.
Amendment No. 1
Representative Lozano offered the following amendment to CSHB 4483:
Amend CSHB 4483 (house committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. (a) In this section, "institute" means the Texas A&M Transportation Institute.
(b) The institute, in consultation with the comptroller of public accounts and the standing committees of the legislature with primary jurisdiction over the institute, shall study each navigation district and municipal utility agency responsible for a ship channel with a federally authorized depth of at least 35 feet in this state.
(c) In conducting the study, the institute shall, for each navigation district and municipal utility agency:
(1) analyze the district's and agency's:
(A) collection of taxes received for goods and services;
(B) assessment of fees imposed by the district or agency;
(C) cargoes and commodities;
(D) navigation safety; and
(E) primary expenditures; and
(2) collect the following information:
(A) annual tax income;
(B) annual fee income;
(C) consistency of tax income;
(D) consistency of fee income;
(E) historical rate of growth in the previous 15 years for tax income;
(F) historical rate of growth in the previous 15 years for fee income;
(G) fee income sources;
(H) expenditures based on the following categories:
(i) labor for maintenance and operations;
(ii) materials for maintenance and operations;
(iii) materials for expansion projects;
(iv) consumables;
(v) cost overruns;
(vi) utilities;
(vii) capital expenditures;
(viii) project expenditures; and
(ix) operating expenditures;
(I) direct economic impacts to the state and local economies from the district's or agency's activities;
(J) projected economic growth over the next 10 years;
(K) an assessment of all import and export commodities; and
(L) a comprehensive analysis of security and resiliency of cargoes, vessels, containers, and navigation.
(d) The institute shall disaggregate the data described by Subsection (c) by county.
(e) Not later than December 1, 2024, the institute shall prepare a written report with the information described by this section, a summary of the institute's findings, and recommendations for legislative or other action and submit the report to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the committees of the legislature with primary jurisdiction over the institute.
(f) This section expires January 1, 2025.
SECTION 2. This Act takes effect September 1, 2023.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE LOZANO: This amendment would pretty much completely replace this language. It would still be a study by the Transportation Institute of Texas A&M, but it would specifically analyze several provisions, analyzing the districts' and agencies' assessment of fees.
Amendment No. 2
Representative Lozano offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Lozano to CSHB 4483 (house committee report) as follows:
(1) On page 1, strike lines 14 and 15.
(2) On page 1, line 16, strike "(B)" and substitute "(A)".
(3) On page 1, line 18, strike "(C)" and substitute "(B)".
(4) On page 1, line 19, strike "(D)" and substitute "(C)".
(5) On page 1, line 20, strike "(E)" and substitute "(D)".
(6) On page 1, strike line 22.
(7) On page 1, line 23, strike "(B)" and substitute "(A)".
(8) On page 1, strike line 24.
(9) On page 1, line 25, strike "(D)" and substitute "(B)".
(10) On page 2, strike lines 1 and 2.
(11) On page 2, line 3, strike "(F)" and substitute "(C)".
(12) On page 2, line 5, strike "(G)" and substitute "(D)".
(13) On page 2, line 6, strike "(H)" and substitute "(E)".
(14) On page 2, line 18, strike "(I)" and substitute "(F)".
(15) On page 2, line 20, strike "(J)" and substitute "(G)".
(16) On page 2, line 22, strike "(K)" and substitute "(H)".
(17) On page 2, line 24, strike "(L)" and substitute "(I)".
AMENDMENT NO. 2 - REMARKS
REPRESENTATIVE LOZANO: This amendment to the amendment would remove the review of the collection of taxes—annual tax income, consistency of tax income, and historical rate of growth of tax income.
Amendment No. 2 was adopted.
Amendment No. 1, as amended, was adopted.
CSHB 4483 - REMARKS
REPRESENTATIVE CANALES: I wanted to talk to you a little bit about this bill, as briefly as possible. Initially, the bill as proposed was to sunset a port in your district. Was that correct?
REPRESENTATIVE LOZANO: That's correct.
CANALES: And the reality was, in order to do something of that nature, we needed regional consensus. Is that correct?
LOZANO: That's correct.
CANALES: We just didn't have that, did we?
LOZANO: No, sir.
CANALES: We didn't have county consensus; we didn't have cities' consensus. In an effort to actually move forward on a statewide basis and learn more about our ports, you and I moved forward with this study so that we can come back next session and do what we can to make sure these economic engines move forward.
LOZANO: Yes. That's correct, sir.
CANALES: And this is negotiated language between you and I—this is moving forward to make sure that we get Texas moving in the right direction. Is that correct?
LOZANO: That's correct, Chairman.
CANALES: Thank you for all your hard work, Chairman.
LOZANO: Thank you, Chairman.
A record vote was requested.
CSHB 4483, as amended, was passed to engrossment by (Record 1555): 121 Yeas, 19 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Smithee; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, K.; Cain; Dean; Gerdes; Harrison; Hayes; Hefner; Leo-Wilson; Noble; Schaefer; Schatzline; Slawson; Spiller; Swanson; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Collier; Flores.
STATEMENT OF VOTE
When Record No. 1555 was taken, I was shown voting yes. I intended to vote no.
Isaac
REMARKS ORDERED PRINTED
Representative Canales moved to print all remarks on CSHB 4483.
The motion prevailed.
HB 4069 ON SECOND READING
(by Meyer)
HB 4069, A bill to be entitled An Act relating to the required disclosure of prices by a veterinarian before providing emergency treatment to an ill or injured animal.
Amendment No. 1
Representative Stucky offered the following amendment to HB 4069:
Amend HB 4069 (house committee report) as follows:
(1) On page 1, line 7, between the underlined period and "The", insert "(a)".
(2) On page 1, between lines 12-13, insert the following:
(b) Rules adopted under this section must ensure the veterinarian has a reasonable opportunity to:
(1) assess the animal's condition and develop proposed options for treatment before providing the information described by Subsection (a); and
(2) propose additional treatment options and price estimates based on changes in the animal's medical condition.
Amendment No. 1 was adopted.
HB 4069, as amended, was passed to engrossment.
CSHB 1086 ON SECOND READING
(by Hull)
CSHB 1086, A bill to be entitled An Act relating to policies and procedures regarding certain investigations by the Department of Family and Protective Services and certain suits affecting the parent-child relationship.
CSHB 1086 was passed to engrossment.
HB 1206 ON SECOND READING
(by Guillen)
HB 1206, A bill to be entitled An Act relating to a determination of a school district's assets to liabilities ratio under the public school financial accountability rating system.
HB 1206 was passed to engrossment.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Canales requested permission for the Committee on Transportation to meet while the house is in session, at 7 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 5:57 p.m., the following committee meeting was announced:
Transportation, 7 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
CSHB 798 ON SECOND READING
(by Collier, M. González, and Garcia)
CSHB 798, A bill to be entitled An Act relating to crime victims' compensation for certain relocation and housing rental expenses.
Representative Collier moved to postpone consideration of CSHB 798 until 10 a.m. Sunday, January 21, 2024.
The motion prevailed.
CSHB 4220 ON SECOND READING
(by Clardy and Raymond)
CSHB 4220, A bill to be entitled An Act relating to the office of the state long-term care ombudsman.
Amendment No. 1
Representative S. Thompson offered the following amendment to CSHB 4220:
Amend CSHB 4220 (house committee report) as follows:
(1) On page 1, line 24, through page 2, line 1, strike "in the normal course of business".
(2) On page 2, lines 1 through 4, strike "For purposes of this subsection, documents obtained through litigation are not considered to have been obtained in the normal course of business.".
(C.J. Harris in the chair)
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 4220, as amended, was passed to engrossment by (Record 1556): 126 Yeas, 13 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; 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, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vo; Wilson; Wu; Zwiener.
Nays — Bell, C.; Bell, K.; Campos; Collier; Flores; Garcia; González, J.; Hayes; Hefner; Morales, C.; Ramos; Rose; Vasut.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Craddick; Turner.
STATEMENTS OF VOTE
When Record No. 1556 was taken, I was shown voting no. I intended to vote yes.
C. Bell
When Record No. 1556 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
When Record No. 1556 was taken, I was in the house but away from my desk. I would have voted yes.
Turner
When Record No. 1556 was taken, I was shown voting no. I intended to vote yes.
Vasut
HB 3031 ON SECOND READING
(by J.E. Johnson, Wilson, Bumgarner, and Garcia)
HB 3031, A bill to be entitled An Act relating to a grant program for members of the Texas military forces experiencing financial hardship caused by a tax withholding error.
HB 3031 was passed to engrossment.
CSHB 4413 ON SECOND READING
(by Guillen and Cain)
CSHB 4413, A bill to be entitled An Act relating to the establishment of a task force to make recommendations for updating the livestock brand registration process.
CSHB 4413 was passed to engrossment.
SB 784 ON SECOND READING
(Landgraf - House Sponsor)
SB 784, A bill to be entitled An Act relating to the exclusive jurisdiction of the state to regulate greenhouse gas emissions in this state and the express preemption of local regulation of those emissions.
SB 784 was considered in lieu of HB 2211.
SB 784 - REMARKS
REPRESENTATIVE GOODWIN: Your bill states that the state should have exclusive jurisdiction over the regulation of greenhouse gas emissions. I am not sure about exclusive, but I do agree that the state should have jurisdiction over the regulation of greenhouse gases. And so, I would like to know what steps the state is taking to regulate greenhouse gases.
REPRESENTATIVE LANDGRAF: To answer the first part of your question, yes, the word "exclusive" does appear in the bill as a proposed provision to that section. But it also does very clearly state that is only the case to the extent that state law would be preempted by federal law. So it would be within the context of state versus local regulation—there would be exclusive regulatory authority given to the state. To answer the second part of your question, the short answer is obviously we have lawmaking authority here in the legislature, but also TCEQ has numerous regulations dealing with this subject matter.
GOODWIN: I'm sure you're aware, many areas of Texas are in severe nonattainment for ozone, and the state has an agreement with the federal government called the State Implementation Plan, or SIP, to reduce these emissions. You include nitrogen oxide as a greenhouse gas that cities cannot regulate, but reducing nitrogen oxide emissions are called for in our SIP to reduce ozone emissions. If cities are following strategies in the SIP, and making rules to enforce limits on the amount of time a car, ship, or construction equipment is allowed to idle, are they violating the bill?
LANDGRAF: To simply answer the question, if that is a regulation that is already established at the state level. And in the case of NOx emissions, that is the case. Especially in the nonattainment, or near nonattainment, areas that you referenced where state law already applies. I want to be clear, we're talking simply about the regulation of greenhouse gas emissions. There can be programs that are in place at local levels that either allow for grant funding—there can be notification campaigns, there can be advocacy campaigns that some municipalities and other local political subdivisions engage in, that is not prohibited under this bill. This bill simply states that state regulation basically has primacy over local regulations when it comes to greenhouse gas emissions, specifically.
GOODWIN: So what you said is local jurisdictions can still implement programs?
LANDGRAF: Yes.
GOODWIN: Okay. Some cities have worked toward cleaner air by installing additional air monitors, building out EV charging infrastructure and mass transit options, and ensuring new buildings are energy efficient. I know many cities are creating climate action plans to guide their efforts to reduce emissions, but I'm confused about what parts of these plans violate this bill. Can you give me any specific examples of how cities are regulating greenhouse gases in ways that would violate this bill?
LANDGRAF: You're asking two different questions there. I'll answer the second one first. It's clearly stated in the bill that there is no prohibition against the programs that you referenced in the first part of your question. The second part, the violative local statutes would be any that seek to regulate greenhouse gas emissions in a way that is different from what the state would do in that arena.
GOODWIN: Basically, they have to fall in line with whatever the state says is appropriate?
LANDGRAF: It is saying that the state is the regulatory authority when it comes to greenhouse gas emissions.
GOODWIN: Many cities are increasing recycling and diverting organic waste from their landfills to reduce emissions. Would this bill affect cities' efforts to divert organic waste to reduce methane emissions?
LANDGRAF: Just based on the way you described those programs, no.
GOODWIN: So they still could continue those?
LANDGRAF: Based on the way you described them, yes.
GOODWIN: Cities are making investments to add rooftop solar to city facilities, replacing city fleets with cleaner vehicles, and investing in weatherization. These investments ultimately save the cities' money while reducing greenhouse gas emissions. Does your bill negate these important investments the cities are making?
LANDGRAF: Based on the way you described those, I would say no.
GOODWIN: Some cities have closed areas of their downtown to vehicle traffic to reduce congestion and improve safety and quality of life for their citizens. This also has a benefit of reducing greenhouse gas emissions. Is banning road traffic through parts of a city considered regulation of greenhouse gases?
LANDGRAF: It's possible that could be, yes.
GOODWIN: Does this bill in any way prevent cities from creating climate action plans with the goal of reducing greenhouse gases?
LANDGRAF: Based on the face of that description, I would say no.
GOODWIN: So they can still have climate action plans?
LANDGRAF: There's a very bright line distinction here between those climate action plans and the direct regulation of GHG emissions.
GOODWIN: We do need a unified and coherent system for addressing climate change and regulating greenhouse gas emissions in Texas, and I hope this will be something that we focus on in the months ahead. However, until the state has a comprehensive plan for greenhouse gas regulation, I believe we should allow our cities to enact ordinances that work to protect the citizens of those cities, to protect the environment, and to have clean air, and to reduce our output of greenhouse gases.
REMARKS ORDERED PRINTED
Representative Goodwin moved to print remarks between Representative Landgraf and Representative Goodwin on SB 784.
The motion prevailed.
A record vote was requested.
SB 784 was passed to third reading by (Record 1557): 96 Yeas, 43 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Martinez; Metcalf; Meyer; Morales, E.; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; 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; Bowers; Bryant; Bucy; Campos; Cole; Collier; Davis; Dutton; Flores; Gámez; Garcia; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Lopez, R.; Manuel; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Ortega; Plesa; Ramos; Reynolds; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Johnson, J.D.; Morrison.
HB 2211 - LAID ON THE TABLE SUBJECT TO CALL
Representative Landgraf moved to lay HB 2211 on the table subject to call.
The motion prevailed.
RECESS
At 6:20 p.m., the chair announced that the house would stand recessed until 6:50 p.m. today.
NIGHT SESSION
The house met at 7:23 p.m. and was called to order by the speaker.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Burrows requested permission for the Committee on Calendars to meet while the house is in session, at 8 p.m. today, in 1W.14, to consider a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 7:23 p.m., the following committee meeting was announced:
Calendars, 8 p.m. today, 1W.14, for a formal meeting, to consider a calendar.
CSHB 4759 ON SECOND READING
(by Campos, Bernal, Garcia, and Leach)
CSHB 4759, A bill to be entitled An Act relating to an attack by a dangerous dog; increasing criminal penalties.
Amendment No. 1
Representative Campos offered the following amendment to CSHB 4759:
Amend CSHB 4759 (house committee report) on page 2, line 27, by striking "and" and substituting "or".
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 4759, as amended, was passed to engrossment by (Record 1558): 113 Yeas, 23 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; 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; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Schofield; Shine; Smith; Smithee; Stucky; Swanson; Talarico; Thierry; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Cain; Dean; Gates; Harris, C.J.; Harrison; Isaac; Kitzman; Patterson; Paul; Schatzline; Shaheen; Slawson; Spiller; Tepper; Thompson, E.; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Hefner; Jetton; Johnson, J.D.; Klick; Lalani; Rogers.
STATEMENTS OF VOTE
When Record No. 1558 was taken, I was in the house but away from my desk. I would have voted no.
Hefner
When Record No. 1558 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 1558 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
When Record No. 1558 was taken, I was shown voting yes. I intended to vote no.
Rose
HB 3708 ON SECOND READING
(by Buckley)
HB 3708, A bill to be entitled An Act relating to creating an allotment under the Foundation School Program for school districts that allow non-enrolled students to participate in University Interscholastic League activities.
HB 3708 was passed to engrossment.
CSHB 3826 ON SECOND READING
(by Toth)
CSHB 3826, A bill to be entitled An Act relating to the time for processing a municipal building permit application.
CSHB 3826 - POINT OF ORDER
Representative Hinojosa raised a point of order against further consideration of CSHB 3826 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Representative Toth moved to postpone consideration of CSHB 3826 until 10 a.m. Monday, April 1, 2024.
The motion prevailed.
HB 4449 ON SECOND READING
(by Reynolds, Garcia, and Plesa)
HB 4449, A bill to be entitled An Act relating to the establishment of a task force to study disciplinary practices and policies in public schools.
The vote of the house was taken on passage to engrossment of HB 4449 and the vote was announced yeas 67, nays 71.
A verification of the vote was requested and was granted.
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1559): 60 Yeas, 74 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Burns; Campos; Canales; Collier; Cortez; Cunningham; Davis; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hinojosa; Howard; Isaac; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Kacal; King, K.; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lujan; Metcalf; Meyer; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; 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 — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Cole; Dutton; Jetton; Lambert; Lozano; Morrison; Plesa; Rogers.
The chair stated that HB 4449 failed to pass to engrossment by the above vote.
STATEMENTS OF VOTE
When Record No. 1559 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1559 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business:
Plesa on motion of J. Jones.
SB 1180 ON SECOND READING
(K. King - House Sponsor)
SB 1180, A bill to be entitled An Act relating to civil actions by a civilly committed individual.
SB 1180 was considered in lieu of HB 2412.
SB 1180 was passed to third reading.
HB 2412 - LAID ON THE TABLE SUBJECT TO CALL
Representative K. King moved to lay HB 2412 on the table subject to call.
The motion prevailed.
CSHB 1443 ON SECOND READING
(by Slawson, Buckley, Rogers, and Frank)
CSHB 1443, A bill to be entitled An Act relating to the operation of certain wind-powered devices near certain aviation facilities and the receipt of certain ad valorem tax incentives for property on which such devices are constructed or installed; authorizing an administrative penalty.
CSHB 1443 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of CSHB 1443 under Rule 4, Section 40, and Rule 11, Section 2, of the House Rules on the grounds that the committee substitute is not germane. The point of order was withdrawn.
Representative Slawson moved to postpone consideration of CSHB 1443 until 10 a.m. Thursday, June 1.
The motion prevailed.
HB 4250 ON SECOND READING
(by Lalani)
HB 4250, A bill to be entitled An Act relating to the right of the clerk of a court to deduct from the amount of the excess proceeds from an ad valorem tax sale of property the cost of postage for sending to the former owner of the property a notice of the owner's right to claim the proceeds.
HB 4250 was passed to engrossment.
CSHB 2615 ON SECOND READING
(by Gates, C.J. Harris, Burrows, Canales, Allen, et al.)
CSHB 2615, A bill to be entitled An Act relating to the operation by a school district of a foundation and trade diploma program to provide eligible high school students with educational training under a plan for the issuance of a high school diploma and the application of certain student-based allotments under the public school finance system.
CSHB 2615 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of CSHB 2615 under Rule 4, Section 32(c)(3), of the House Rules on the grounds that the rulemaking authority statement in the bill analysis is incorrect. The point of order was withdrawn.
Representative Gates moved to postpone consideration of CSHB 2615 until 9:30 p.m. today.
The motion prevailed.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business:
Cole on motion of Turner.
HB 4306 ON SECOND READING
(by Dorazio)
HB 4306, A bill to be entitled An Act relating to a study by the attorney general on the feasibility of linking debit card transactions to bullion in the Texas Bullion Depository.
Amendment No. 1
Representative Capriglione offered the following amendment to HB 4306:
Amend HB 4306 (house committee report) as follows:
(1) On page 1, strike lines 1 through 16 and substitute the following:
SECTION 2. STUDY (a) The attorney general shall conduct a study to examine:
(2) On page 1, lines 21 and 22, strike "considerations necessary for the operation of the program" and substitute "legal considerations".
(3) Reletter subsequent subsections of SECTION 2 accordingly.
Amendment No. 1 was adopted.
HB 4306, as amended, was passed to engrossment.
CSHB 40 ON SECOND READING
(by Zwiener, Isaac, Troxclair, T. King, and Murr)
CSHB 40, A bill to be entitled An Act relating to the authority of a county commissioners court to adopt an exemption from ad valorem taxation by each taxing unit that taxes the property of the portion of the appraised value of a person's property that is attributable to the installation in or on the property of certain water conservation systems.
CSHB 40 was passed to engrossment.
HB 3464 ON SECOND READING
(by Kacal)
HB 3464, A bill to be entitled An Act relating to creating the criminal offense of tampering with a correctional facility tablet device.
A record vote was requested.
HB 3464 was passed to engrossment by (Record 1560): 110 Yeas, 22 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Martinez; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson.
Nays — Anchía; Bowers; Campos; Collier; Davis; Flores; Garcia; González, J.; Goodwin; Hinojosa; Jones, J.; Jones, V.; Lopez, R.; Manuel; Martinez Fischer; Meza; Ramos; Reynolds; Rose; Turner; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Bernal; Dutton; Hull; King, K.; Morrison; Ortega; Shaheen; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.
Romero
When Record No. 1560 was taken, I was shown voting no. I intended to vote yes.
Rose
HB 4120 ON SECOND READING
(by Guillen)
HB 4120, A bill to be entitled An Act relating to the inspection of the location of a proposed Class I injection well.
A record vote was requested.
HB 4120 was passed to engrossment by (Record 1561): 87 Yeas, 45 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cunningham; Darby; Dean; DeAyala; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Martinez; Metcalf; Meyer; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Collier; Cortez; Craddick; Davis; Flores; Gámez; Garcia; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez Fischer; Meza; Moody; Morales, E.; Morales Shaw; Ordaz; Ortega; Perez; Ramos; Reynolds; Rose; Rosenthal; Talarico; Thierry; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Cook; Dorazio; Dutton; Hull; Johnson, J.D.; Morales, C.; Morrison; Slawson.
STATEMENTS OF VOTE
When Record No. 1561 was taken, I was temporarily out of the house chamber. I would have voted yes.
Cook
When Record No. 1561 was taken, I was shown voting no. I intended to vote yes.
Gámez
When Record No. 1561 was taken, I was in the house but away from my desk. I would have voted no.
C. Morales
When Record No. 1561 was taken, I was shown voting yes. I intended to vote no.
Romero
When Record No. 1561 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
HB 211 ON SECOND READING
(by M. González, et al.)
HB 211, A bill to be entitled An Act relating to the regulation of child-care facilities and registered family homes providing services to children with disabilities or special needs.
Amendment No. 1
Representative M. González offered the following amendment to HB 211:
Amend HB 211 (house committee report) as follows:
(1) On page 1, line 7, strike "Subsection (e-6)" and substitute "Subsections (e-6) and (e-7)".
(2) Strike page 2, line 12, through page 3, line 1, and substitute the following:
(9) ensure that a child's health, safety, and welfare are adequately protected on the grounds of a child-care facility or registered family home.
(3) On page 3, line 2, strike "child-care facility" and substitute "day-care center, group day-care home,".
(4) On page 3, line 3, between "if" and "the", insert ", after meeting with the child and family,".
(5) On page 3, between lines 17 and 18, insert the following:
(e-7) The minimum standards for a day-care center, group day-care home, or registered family home adopted under this section must require the day-care center, group day-care home, or registered family home to:
(1) promote inclusive practices and integrate children with special needs into the general activities of the center or home; and
(2) allow certified childhood intervention service providers to have access to children who are clients attending the day-care center, group day-care home, or registered family home to provide services in accordance with an individualized family service plan while the child is integrated in an educational or instructional area of the center or home.
(6) Strike page 3, line 18, through page 7, line 23, and renumber subsequent SECTIONS of the bill accordingly.
(7) On page 8, strike lines 10 through 12 and substitute the following:
(1) a copy of the commission's Early Childhood Intervention Developmental Checklist and any information available through the commission on accessing early childhood
Amendment No. 1 was adopted.
A record vote was requested.
HB 211, as amended, was passed to engrossment by (Record 1562): 83 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Button; Campos; Canales; Capriglione; Clardy; Collier; Cortez; Davis; Dean; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kuempel; Lalani; Landgraf; Leach; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smithee; Talarico; Thierry; Thompson, S.; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Bumgarner; Burns; Burrows; Cain; Cook; Craddick; Cunningham; DeAyala; Dorazio; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Isaac; Kitzman; Klick; Lambert; Leo-Wilson; Metcalf; Noble; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Darby; Dutton; Hull; Morrison; Slawson; Toth.
STATEMENTS OF VOTE
When Record No. 1562 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1562 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
When Record No. 1562 was taken, I was in the house but away from my desk. I would have voted no.
Toth
CSHB 4518 ON SECOND READING
(by Cook and Collier)
CSHB 4518, A bill to be entitled An Act relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment and to victims' rights regarding a motion to grant a commutation.
CSHB 4518 was passed to engrossment.
CSHB 601 ON SECOND READING
(by Jetton)
CSHB 601, A bill to be entitled An Act relating to deceptive, unfair, or prohibited practices by an insurer.
A record vote was requested.
CSHB 601 was passed to engrossment by (Record 1563): 114 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Capriglione; Clardy; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Holland; 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; 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; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Bell, C.; Bumgarner; Cain; Canales; Harrison; Hefner; Isaac; Leach; Leo-Wilson; Metcalf; Noble; Oliverson; Patterson; Paul; Schofield; Slawson; Swanson; Thompson, E.; Tinderholt; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dutton; Hinojosa; Hull; Morrison; Shaheen.
STATEMENTS OF VOTE
When Record No. 1563 was taken, I was in the house but away from my desk. I would have voted yes.
Hinojosa
When Record No. 1563 was taken, I was in the house but away from my desk. I would have voted no.
Shaheen
CSHB 994 ON SECOND READING
(by Muñoz and Frazier)
CSHB 994, A bill to be entitled An Act relating to sheriff's department civil service systems in certain counties.
CSHB 994 was passed to engrossment.
SB 773 ON SECOND READING
(Toth, Burrows, C.J. Harris, Bonnen, and Garcia - House Sponsors)
SB 773, A bill to be entitled An Act relating to access to certain investigational drugs, biological products, and devices used in clinical trials by patients with severe chronic diseases.
SB 773 was considered in lieu of HB 638.
Amendment No. 1
Representative Toth offered the following amendment to SB 773:
Amend SB 773 (house committee report) as follows:
(1) On page 1, lines 6 and 7, strike "Medical Freedom Act" and substitute "Mary Lou's Law".
(2) On page 3, line 16, between "significant" and "functional", insert "mental and".
(3) On page 6, strike lines 16 and 17, and substitute the following:
the recommendations meet the requirements of this chapter and rules adopted under this chapter.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Toth offered the following amendment to SB 773:
Amend SB 773 in SECTION 2 of the bill, in added Subchapter B, Chapter 490, Health and Safety Code, between the last section of Subchapter B and the heading to added Subchapter C, Chapter 490, by inserting the following appropriately numbered section and renumbering subsequent sections of Subchapter B accordingly:
Sec. 490.____. PROHIBITED USES; EXCEPTIONS. A minor patient is ineligible under this subchapter to access and use an investigational drug, biological product, or device that will be used for the purpose of transitioning the minor's biological sex organs or endogenous profiles or affirming the minor's perception of the minor's sex if that perception is inconsistent with the minor's biological sex as determined by the minor's sex organs, chromosomes, and endogenous profiles, including for the purpose of inducing transient or permanent infertility.
(b) Subsection (a) does not apply to the access and use of an investigational drug, biological product, or device by a minor patient who:
(1) is born with a medically verifiable genetic disorder of sex development, including:
(A) 46,XX chromosomes with virilization;
(B) 46,XY chromosomes with undervirilization; or
(C) both ovarian and testicular tissue; or
(2) does not have the normal sex chromosome structure for a biological male or female as determined by a physician through genetic testing.
Amendment No. 2 - Point of Order
Representative Hinojosa raised a point of order against further consideration of Amendment No. 2 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. 2 was withdrawn.
SB 773, as amended, was passed to third reading.
HB 638 - LAID ON THE TABLE SUBJECT TO CALL
Representative Toth moved to lay HB 638 on the table subject to call.
The motion prevailed.
HB 4083 ON SECOND READING
(by Goldman)
HB 4083, A bill to be entitled An Act relating to the availability of certain working papers and electronic communications of certain administrative law judges and technical examiners under the public information law.
A record vote was requested.
HB 4083 was passed to engrossment by (Record 1564): 89 Yeas, 41 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Martinez; Metcalf; Meyer; Muñoz; Murr; Neave Criado; Noble; Oliverson; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Collier; Cortez; Davis; Flores; Gámez; Garcia; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Manuel; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Ordaz; Ortega; Ramos; Reynolds; Rosenthal; Talarico; Thierry; Thompson, S.; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dorazio; Dutton; Hull; Lopez, R.; Martinez Fischer; Morrison; Orr; Rose; Slawson; Smith.
STATEMENTS OF VOTE
When Record No. 1564 was taken, I was in the house but away from my desk. I would have voted no.
Dorazio
When Record No. 1564 was taken, I was in the house but away from my desk. I would have voted no.
Rose
HB 1054 ON SECOND READING
(by Turner)
HB 1054, A bill to be entitled An Act relating to the classification of certain construction workers and the eligibility of those workers for unemployment benefits; providing an administrative penalty.
A record vote was requested.
HB 1054 was passed to engrossment by (Record 1565): 74 Yeas, 57 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Campos; Canales; Clardy; Collier; Cortez; Davis; Dean; Flores; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hayes; Hinojosa; Holland; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Lambert; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shine; Smithee; Talarico; Thierry; Thompson, S.; Turner; Vo; Wu; Zwiener.
Nays — Anderson; Bell, C.; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Darby; DeAyala; Dorazio; Frank; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Isaac; Jetton; Kacal; King, K.; Kitzman; Kuempel; Landgraf; Leach; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent, Excused, Committee Meeting — Bonnen.
Absent — Dutton; Frazier; Hull; Klick; Lopez, R.; Martinez Fischer; Morrison; Orr; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1565 was taken, I was shown voting yes. I intended to vote no.
Ashby
When Record No. 1565 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1565 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1565 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 1565 was taken, I was in the house but away from my desk. I would have voted no.
Klick
When Record No. 1565 was taken, I was shown voting yes. I intended to vote no.
Raney
CSHB 4873 ON SECOND READING
(by Holland)
CSHB 4873, A bill to be entitled An Act relating to the licensing and regulation of peace officers.
Representative Holland moved to postpone consideration of CSHB 4873 until 10 a.m. Wednesday, June 7.
The motion prevailed.
HB 1170 ON SECOND READING
(by Gervin-Hawkins and A. Johnson)
HB 1170, A bill to be entitled An Act relating to policies and standards for providing legal representation to indigent defendants in certain capital felony cases.
HB 1170 was passed to engrossment.
CSHB 1215 ON SECOND READING
(by Cook, Moody, Leach, Rosenthal, and Anchía)
CSHB 1215, A bill to be entitled An Act relating to consideration of criminal history of applicants for public employment.
CSHB 1215 was passed to engrossment.
CSHB 1537 ON SECOND READING
(by Howard, Lalani, et al.)
CSHB 1537, A bill to be entitled An Act relating to the submission by law enforcement agencies to certain public school personnel of a handle with care notice concerning a traumatic event experienced by a public school student and to certain required training regarding those notices.
Representative Howard moved to postpone consideration of CSHB 1537 until 10 a.m. Thursday, June 1.
The motion prevailed.
HB 1299 ON SECOND READING
(by Noble)
HB 1299, A bill to be entitled An Act relating to the signature required on a carrier envelope for a ballot voted by mail; changing the elements of a criminal offense.
(Bonnen now present)
HB 1299 - POINT OF ORDER
Representative J. González raised a point of order against further consideration of HB 1299 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.
(Goldman in the chair)
The point of order was withdrawn.
A record vote was requested.
HB 1299 was passed to engrossment by (Record 1566): 86 Yeas, 48 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; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Muñoz; Murr; Neave Criado; Noble; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hinojosa; Howard; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Ordaz; Ortega; Perez; Ramos; Reynolds; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Cole; Hernandez; Herrero; Longoria; Plesa; Sherman; Walle.
Absent — Bhojani; Hull; Johnson, J.D.; Morrison; Oliverson; Slawson.
STATEMENTS OF VOTE
When Record No. 1566 was taken, I was in the house but away from my desk. I would have voted no.
Bhojani
When Record No. 1566 was taken, I was shown voting yes. I intended to vote no.
Muñoz
CSHB 1998 ON SECOND READING
(by J.E. Johnson, Price, Smith, and A. Johnson)
CSHB 1998, A bill to be entitled An Act relating to the regulation of physicians and the disciplinary authority of the Texas Medical Board; increasing a criminal penalty.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to CSHB 1998:
Amend CSHB 1998 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 153, Occupations Code, is amended by adding Section 153.055 to read as follows:
Sec. 153.055. FEE FOR CERTAIN SEARCHES RELATED TO LICENSE STATUS. (a) The board shall set and collect an additional surcharge to cover the cost of administering a continuous query on the National Practitioner Data Bank as required by Section 154.006(m). The surcharge shall be collected from each license holder for:
(1) issuance of a first registration permit; and
(2) renewal of a registration permit.
(b) The board shall deposit each fee collected to the credit of the public assurance account described by Section 153.0535(b).
Amendment No. 1 was adopted.
CSHB 1998, as amended, was passed to engrossment.
CSHB 3119 ON SECOND READING
(by Smithee)
CSHB 3119, A bill to be entitled An Act relating to requirements applicable to certain third-party health insurers in relation to Medicaid.
CSHB 3119 was passed to engrossment.
HB 1179 ON SECOND READING
(by Ramos, Plesa, et al.)
HB 1179, A bill to be entitled An Act relating to informing the public about the availability of provisions in protective orders, including provisions regarding pets and other companion animals.
HB 1179 was passed to engrossment.
HB 1875 ON SECOND READING
(by Guillen, et al.)
HB 1875, A bill to be entitled An Act relating to the audiology and speech-language pathology interstate compact; authorizing fees.
HB 1875 was passed to engrossment.
HB 2051 ON SECOND READING
(by Zwiener)
HB 2051, A bill to be entitled An Act relating to the compilation and reporting of statistics involving sexual assault victims who receive a forensic medical examination before reporting the assault to law enforcement.
HB 2051 was passed to engrossment.
HB 2171 ON SECOND READING
(by Guerra, Muñoz, Gámez, Longoria, Canales, et al.)
HB 2171, A bill to be entitled An Act relating to the establishment of the Texas Center for Rural Health Education at The University of Texas Rio Grande Valley.
Amendment No. 1
Representative Guerra offered the following amendment to HB 2171:
Amend HB 2171 (house committee report) as follows:
(1) On page 1, strike lines 10 and 11 and substitute the following:
(b) The Texas Center for Rural Health Education is established at the university.
(2) On page 1, line 14, strike "The" and substitute "Subject to the availability of money appropriated, gifted, or granted for the purposes of the center, the".
(3) On page 2, line 12, strike "Not" and substitute "Subject to the availability of money appropriated, gifted, or granted for the purposes of the center, not".
Amendment No. 1 was adopted.
HB 2171, as amended, was passed to engrossment.
CSHB 3135 ON SECOND READING
(by Stucky)
CSHB 3135, A bill to be entitled An Act relating to the review, adoption, and modification of land development regulations by municipalities, counties, and certain special districts.
CSHB 3135 - POINT OF ORDER
Representative Hinojosa raised a point of order against further consideration of CSHB 3135 under Rule 4, Section 40, and Rule 11, Section 2, of the House Rules on the grounds that the committee substitute is not germane. The point of order was withdrawn.
Amendment No. 1
Representative Stucky offered the following amendment to CSHB 3135:
Amend CSHB 3135 (house committee report) as follows:
(1) On page 2, between lines 6 and 7, insert the following new section in added Chapter 247, Local Government Code:
Sec. 247.002. APPLICABILITY. This chapter applies only to a political subdivision authorized to impose a tax.
(2) Renumber subsequent sections of added Chapter 247, Local Government Code, and any cross-references to those sections accordingly.
Amendment No. 1 was adopted.
CSHB 3135 - POINT OF ORDER
Representative Martinez Fischer raised a point of order against further consideration of CSHB 3135 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading.
(Cole and Plesa now present)
The point of order was withdrawn.
Amendment No. 2
Representative Cook offered the following amendment to CSHB 3135:
Amend CSHB 3135 (house committee report) as follows:
(1) On page 2, line 3, after the underlined semicolon add "or".
(2) On page 2, line 4, strike "; or" and substitute an underlined period.
(3) On page 2, strike lines 5 and 6.
(4) On page 2, between lines 6 and 7, add the following appropriately numbered section and renumber subsequent sections and cross-references to those sections accordingly:
Sec. 247.____. APPLICABILITY. This chapter applies only to a political subdivision with a population of 200,000 or more.
Amendment No. 2 was adopted.
A record vote was requested.
CSHB 3135, as amended, was passed to engrossment by (Record 1567): 81 Yeas, 44 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Clardy; Cook; Craddick; Cunningham; Darby; DeAyala; Dorazio; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Murr; Neave Criado; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Capriglione; Cole; Collier; Flores; Gámez; Garcia; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Ortega; Perez; Plesa; Ramos; Rose; Rosenthal; Talarico; Turner; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Bernal; Bonnen; Cortez; Davis; Dean; Guerra; Hull; King, T.; Morales, E.; Morrison; Ordaz; Reynolds; Shaheen; Shine; Slawson; Troxclair; Vo.
STATEMENTS OF VOTE
When Record No. 1567 was taken, I was in the house but away from my desk. I would have voted yes.
Dean
When Record No. 1567 was taken, I was in the house but away from my desk. I would have voted yes.
Hull
When Record No. 1567 was taken, I was shown voting no. I intended to vote yes.
Martinez
When Record No. 1567 was taken, I was in the house but away from my desk. I would have voted yes.
Shine
When Record No. 1567 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 2615 ON SECOND READING
(by Gates, C.J. Harris, Burrows, Canales, Allen, et al.)
CSHB 2615, A bill to be entitled An Act relating to the operation by a school district of a foundation and trade diploma program to provide eligible high school students with educational training under a plan for the issuance of a high school diploma and the application of certain student-based allotments under the public school finance system.
CSHB 2615 was read second time earlier today and was postponed until this time.
Representative Stucky moved to postpone consideration of CSHB 2615 until 11:15 p.m. today.
The motion prevailed.
HJR 155 ON THIRD READING
(by Geren, Rose, Davis, Romero, et al.)
HJR 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.
HJR 155 was read third time earlier today, postponed until 3 p.m. today, and was again postponed until this time.
Representative Geren moved to postpone consideration of HJR 155 until 12 p.m. tomorrow.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
HB 3371 ON SECOND READING
(by A. Johnson, et al.)
HB 3371, A bill to be entitled An Act relating to health benefits offered by institutions of higher education to students and their families.
HB 3371 was passed to engrossment.
HB 2523 ON SECOND READING
(by Canales)
HB 2523, A bill to be entitled An Act relating to the reimbursement of expenses to certain counsel appointed to represent a defendant in a criminal proceeding.
HB 2523 was passed to engrossment.
HB 2992 ON SECOND READING
(by Harrison and S. Thompson)
HB 2992, A bill to be entitled An Act relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.
Amendment No. 1
Representatives S. Thompson and Harrison offered the following amendment to HB 2992:
Amend HB 2992 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 59, Code of Criminal Procedure, is amended by adding Articles 59.0221 and 59.0222 to read as follows:
Art. 59.0221. EXEMPT PROPERTY. Notwithstanding any other law, a motor vehicle valued at less than $10,000 is exempt from forfeiture under this chapter.
Art. 59.0222. INNOCENT OWNER. (a) Notwithstanding any other law, the property of an innocent owner may not be forfeited.
Amendment No. 1 was adopted.
HB 2992, as amended, was passed to engrossment.
CSHB 3169 ON SECOND READING
(by Landgraf)
CSHB 3169, A bill to be entitled An Act relating to regulation of short-term rental units by certain municipalities.
Representative Landgraf moved to postpone consideration of CSHB 3169 until 10 a.m. Friday, June 9.
The motion prevailed.
CSHB 3537 ON SECOND READING
(by Manuel, Smith, Swanson, Bucy, and E. Morales)
CSHB 3537, A bill to be entitled An Act relating to a candidate's application for a place on the ballot for a party's primary election.
Amendment No. 1
Representative Bucy offered the following amendment to CSHB 3537:
Amend CSHB 3537 (house committee report) as follows:
(1) On page 1, at the end of line 21, strike "or".
(2) On page 1, line 24, between "ballot" and the underlined period, insert the following:
; or
(3) a write-in candidate for an office for which the candidate filed for a place on the ballot for the primary
Amendment No. 1 was adopted.
CSHB 3537, as amended, was passed to engrossment.
HB 3128 ON SECOND READING
(by Kitzman, et al.)
HB 3128, A bill to be entitled An Act relating to the regulation of on-site sewage disposal systems, including requiring a license for on-site sewage disposal system pumping technicians.
A record vote was requested.
HB 3128 was passed to engrossment by (Record 1568): 113 Yeas, 22 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Shine; Smith; Smithee; Talarico; Thierry; Thimesch; Thompson, S.; Toth; Turner; VanDeaver; Vo; Wilson; Wu; Zwiener.
Nays — Bell, C.; Cain; Craddick; Dean; Dorazio; Gates; Harris, C.J.; Hayes; Hefner; Isaac; Klick; Metcalf; Noble; Paul; Schaefer; Schatzline; Slawson; Spiller; Stucky; Thompson, E.; Troxclair; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Harrison; Kuempel; Morales Shaw; Morrison; Swanson; Tepper; Tinderholt.
STATEMENTS OF VOTE
When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1568 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
When Record No. 1568 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.
Rogers
When Record No. 1568 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
When Record No. 1568 was taken, I was in the house but away from my desk. I would have voted no.
Tinderholt
When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 1568 was taken, I was shown voting yes. I intended to vote no.
Wilson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
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.
HB 649 was read second time on May 10, postponed until 4 p.m. today, and was again postponed until this time.
Representative Hinojosa moved to postpone consideration of HB 649 until after second reading consideration of HB 3159.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
SB 1155 ON SECOND READING
(Allison - House Sponsor)
SB 1155, A bill to be entitled An Act relating to continuation and operations of a health care provider participation program by the Bexar County Hospital District.
SB 1155 was considered in lieu of HB 3231.
SB 1155 was passed to third reading.
HB 3231 - LAID ON THE TABLE SUBJECT TO CALL
Representative Allison moved to lay HB 3231 on the table subject to call.
The motion prevailed.
CSHB 3264 ON SECOND READING
(by Meza, Bumgarner, et al.)
CSHB 3264, A bill to be entitled An Act relating to the grounds for removal of county officers from office.
CSHB 3264 was passed to engrossment.
CSHB 3329 ON SECOND READING
(by Thimesch, et al.)
CSHB 3329, A bill to be entitled An Act relating to the investigation or determination of abuse or neglect of a child, elderly person, or person with a disability and the provision of certain services.
CSHB 3329 was passed to engrossment.
SB 1124 ON SECOND READING
(Neave Criado - House Sponsor)
SB 1124, A bill to be entitled An Act relating to qualifications of a sheriff or a candidate for sheriff.
SB 1124 was considered in lieu of HB 3477.
SB 1124 - POINT OF ORDER
Representative Toth raised a point of order against further consideration of SB 1124 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
A record vote was requested.
SB 1124 was passed to third reading by (Record 1569): 117 Yeas, 18 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; 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; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shine; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Tinderholt; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Cain; Gates; Hayes; Hefner; Isaac; Klick; Leo-Wilson; Metcalf; Patterson; Paul; Schaefer; Shaheen; Slawson; Thompson, E.; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Buckley; Dorazio; Lopez, J.; Morrison; Oliverson; Smith; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1569 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 1569 was taken, my vote failed to register. I would have voted yes.
J. Lopez
When Record No. 1569 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1569 was taken, I was shown voting no. I intended to vote yes.
Wilson
HB 3477 - LAID ON THE TABLE SUBJECT TO CALL
Representative Neave Criado moved to lay HB 3477 on the table subject to call.
The motion prevailed.
CSHB 3579 ON SECOND READING
(by Bumgarner)
CSHB 3579, A bill to be entitled An Act relating to the issuance of an emergency order by the Texas Department of Licensing and Regulation against a massage establishment.
CSHB 3579 was passed to engrossment.
CSHB 3581 ON SECOND READING
(by J.E. Johnson)
CSHB 3581, A bill to be entitled An Act relating to the regulation by the Texas Department of Licensing and Regulation of an eyelash extension application training program.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to CSHB 3581:
Amend CSHB 3581 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly::
SECTION ____. Section 1603.0011(c), Occupations Code, is amended to read as follows:
(c) In addition to the services described by Subsection (a), the practice of cosmetology includes:
(1) performing or offering to perform for compensation the service of applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes; and
(2) altering the shape or color of a person's eyelashes using a cosmetic preparation or appliance.
SECTION ____. Section 1603.2103(a), Occupations Code, is amended to read as follows:
(a) A person holding:
(1) a Class A barber license may perform any barbering service;
(2) a cosmetology operator license may perform any cosmetology service;
(3) a manicurist license may perform any service described by Section 1603.0011(a)(7) or (8);
(4) an esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), or (6) or (c);
(5) a manicurist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), (7), or (8) or (c);
(6) a hair weaving specialist license may perform any service described by Section 1603.0011(a)(9);
(7) a hair weaving specialist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), or (9) or (c); and
(8) an eyelash [extension] specialist license may perform any service described by Section 1603.0011(c).
SECTION ____. Section 1603.2203(a), Occupations Code, is amended to read as follows:
(a) An establishment licensed as:
(1) an establishment may provide any barbering or cosmetology service;
(2) a manicurist specialty establishment may provide any service described by Section 1603.0011(a)(7) or (8);
(3) an esthetician specialty establishment may provide any service described by Section 1603.0011(a)(3), (4), (5), or (6) or (c);
(4) a manicurist/esthetician specialty establishment may provide any service described by Section 1603.0011(a)(3), (4), (5), (6), (7), or (8) or (c);
(5) a hair weaving specialty establishment may provide any service described by Section 1603.0011(a)(9);
(6) an eyelash [extension] specialty establishment may provide any service described by Section 1603.0011(c);
(7) a mini-establishment may provide any barbering or cosmetology service; and
(8) a mobile establishment may provide any barbering or cosmetology service.
Amendment No. 1 was adopted.
CSHB 3581, as amended, was passed to engrossment.
CSHB 3591 ON SECOND READING
(by Shaheen)
CSHB 3591, A bill to be entitled An Act relating to the allocation of low income housing tax credits.
CSHB 3591 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of CSHB 3591 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Amendment No. 1
Representative Morales Shaw offered the following amendment to CSHB 3591:
Amend CSHB 3591 (house committee report) as follows:
(1) Strike page 1, line 4, through page 2, line 3, and renumber the SECTIONS of the bill accordingly.
(2) On page 2, strike lines 18 through 23 and substitute the following:
(g) Notwithstanding any other law, the department shall issue a final commitment for an allocation of housing tax credits not later than the 120th day following the date on which the department receives from an applicant a complete cost certification package, as prescribed by department rule, and the applicant has fulfilled any requests for information for the issuance of Internal Revenue Service Form 8609, or that form's successor.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 3591, as amended, was passed to engrossment by (Record 1570): 123 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Cain; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; 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; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — Bell, K.; Button; Campos; Frazier; Gámez; Plesa; Ramos; Rose.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Harless; Lambert; Lozano; Morrison; Oliverson; Raney; Smith; Stucky; Thompson, S.; Toth; Troxclair.
STATEMENTS OF VOTE
When Record No. 1570 was taken, I was shown voting no. I intended to vote yes.
Campos
When Record No. 1570 was taken, I was shown voting no. I intended to vote yes.
Plesa
HB 4164 ON SECOND READING
(by Cortez and Goodwin)
HB 4164, A bill to be entitled An Act relating to the improper use and treatment of an assistance animal or service animal; increasing a criminal penalty.
HB 4164 was passed to engrossment.
CSHB 3631 ON SECOND READING
(by Lalani)
CSHB 3631, A bill to be entitled An Act relating to a requirement that public institutions of higher education provide certain information regarding mental health services to entering students.
CSHB 3631 was passed to engrossment.
CSHB 4399 ON SECOND READING
(by Hayes)
CSHB 4399, A bill to be entitled An Act relating to the plan for the operation of a central counting station.
CSHB 4399 - POINT OF ORDER
Representative Gámez raised a point of order against further consideration of CSHB 4399 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 Hayes offered the following amendment to CSHB 4399:
Amend CSHB 4399 (house committee report) as follows:
(1) Strike page 1, lines 5 and 6, and substitute the following:
SECTION 1. Section 127.007, Election Code, is amended by amending Subsections (b) and (c) and adding Subsections (d) and (e) to read as follows:
(2) On page 1, lines 11 through 13, strike "and what information will be provided by each person to the presiding judge of the central counting station on each component of the process for" and substitute "to the presiding judge of the central counting station to complete".
(3) On page 1, line 19, between "station" and the underlined semicolon, insert "and the procedures regarding an unsuccessful logic and accuracy test".
(4) On page 1, strike lines 20 and 21.
(5) Strike page 2, lines 1 through 3, and substitute the following:
(5) the names of the tabulation supervisor, central counting station manager, presiding judge, and alternate presiding judge and the party affiliations of the presiding judge and alternate presiding judge in the central counting station and regional tabulating center serving the central counting station, as applicable;
(6) On page 2, line 7, strike the underlined semicolon and substitute "from the time the central counting station or regional tabulating center receives a sealed ballot box under Section 127.068 through the period for preserving the precinct election records under Section 66.058; and".
(7) On page 2, strike the following:
(A) lines 8 and 9; and
(B) lines 12 and 13.
(8) On page 2, line 11, strike "; and" and substitute ".".
(9) Renumber remaining subdivisions of amended Section 127.007(b), Election Code, accordingly.
(10) On page 2, strike lines 14 through 20, and insert the following:
(c) Not later than the fifth day before election day:
(1) the [The] plan required under this section must be posted on the county's Internet website in the same location that the county clerk provides information on elections held by the county; and
(2) a copy of the plan, including the contact information of the persons described by Subsection (b)(5), must be provided to the members of the county election board [available to the public on request not later than 5 p.m. on the fifth day before the date of the election].
(11) On page 2, between lines 20 and 21, insert the following:
(d) If a plan required by this section is revised after the date the plan is posted in accordance with Subsection (c), the county's Internet website must be updated to include:
(1) the plan with the incorporated revisions; and
(2) either:
(A) a list with the date of each revision and the section revised; or
(B) a revised version of the plan conspicuously displaying each revision and the date of those revisions.
(e) The contact information of a person described by Subsection (b)(5) is not subject to disclosure under Chapter 552, Government Code.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Bucy offered the following amendment to CSHB 4399:
Amend CSHB 4399 (house committee report) on page 2, by striking lines 4 and 5 and renumbering subsequent subdivisions of amended Section 127.007(b), Election Code, accordingly.
Amendment No. 2 was adopted.
(Speaker in the chair)
A record vote was requested.
CSHB 4399, as amended, was passed to engrossment by (Record 1571): 96 Yeas, 45 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Manuel; Metcalf; Meyer; 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; Vo; Wilson.
Nays — Anchía; Bowers; Campos; Canales; Cole; Collier; Cortez; Dutton; Flores; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Lalani; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Morrison; Thierry.
STATEMENTS OF VOTE
When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.
Bryant
When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.
V. Jones
When Record No. 1571 was taken, I was shown voting yes. I intended to vote no.
Reynolds
CSHB 4227 ON SECOND READING
(by Goldman)
CSHB 4227, A bill to be entitled An Act relating to the repeal of a municipal civil service system for firefighters and police officers in certain municipalities.
CSHB 4227 was passed to engrossment.
HB 3686 ON SECOND READING
(by J. Jones)
HB 3686, A bill to be entitled An Act relating to the automatic expunction of arrest records and files after certain controlled substance offense charges are dismissed.
HB 3686 was passed to engrossment.
CSHB 3858 ON SECOND READING
(by Frazier, Plesa, Bumgarner, J. Lopez, Lujan, et al.)
CSHB 3858, A bill to be entitled An Act relating to peace officer wellness programs within certain law enforcement agencies.
CSHB 3858 was passed to engrossment.
HB 4398 ON SECOND READING
(by Kitzman)
HB 4398, A bill to be entitled An Act relating to the powers and duties of a personal bond or personal bond and pretrial supervision office.
HB 4398 was passed to engrossment.
HB 3816 ON SECOND READING
(by Herrero)
HB 3816, A bill to be entitled An Act relating to the use of metal or body armor while committing an offense; increasing a criminal penalty.
HB 3816 was passed to engrossment.
HB 4081 ON SECOND READING
(by Clardy)
HB 4081, A bill to be entitled An Act relating to the referral of certain proceedings to an associate judge and requests for reimbursement of all or part of the associate judge's salary.
Amendment No. 1
Representative Morales Shaw offered the following amendment to HB 4081:
Amend HB 4081 (house committee report) by inserting the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 57, Government Code, is amended by adding Section 57.003 to read as follows:
Sec. 57.003. COMPENSATION. The commissioners court of a county may submit a request to the Texas Judicial Council for reimbursement of all or part of the salary paid to an interpreter for services rendered in a case referred under Section 54A.006(a)(11) to be paid from money appropriated to the council for the purposes of border security. The council may adopt rules to implement this subsection.
Amendment No. 1 was adopted.
A record vote was requested.
HB 4081, as amended, was passed to engrossment by (Record 1572): 103 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Moody; Morales Shaw; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Paul; Perez; Plesa; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Anchía; Bernal; Bhojani; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis; Dorazio; Flores; González, M.; Hinojosa; Howard; Johnson, J.E.; Jones, J.; Jones, V.; Lopez, R.; Martinez Fischer; Meza; Morales, C.; Morales, E.; Ordaz; Ortega; Patterson; Ramos; Reynolds; Rose; Rosenthal; Schatzline; Shaheen; Talarico; Thompson, S.; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Lalani; Morrison.
STATEMENTS OF VOTE
When Record No. 1572 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1572 was taken, I was shown voting yes. I intended to vote no.
Gervin-Hawkins
When Record No. 1572 was taken, I was shown voting no. I intended to vote yes.
E. Morales
When Record No. 1572 was taken, I was shown voting no. I intended to vote yes.
Patterson
When Record No. 1572 was taken, I was shown voting no. I intended to vote yes.
Schatzline
When Record No. 1572 was taken, I was shown voting no. I intended to vote yes.
Shaheen
HB 4253 ON SECOND READING
(by Campos)
HB 4253, A bill to be entitled An Act relating to a study on the coverage of certain infants under Medicaid.
HB 4253 was passed to engrossment.
CSHB 4087 ON SECOND READING
(by Kuempel)
CSHB 4087, A bill to be entitled An Act relating to the issuance of a permit authorizing the use of certain temporary on-site sewage disposal systems.
CSHB 4087 was passed to engrossment.
CSHB 4506 ON SECOND READING
(by Cortez, Garcia, et al.)
CSHB 4506, A bill to be entitled An Act relating to health benefit plan coverage for treatment of autism.
A record vote was requested.
CSHB 4506 was passed to engrossment by (Record 1573): 102 Yeas, 35 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cortez; Darby; Davis; Dean; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hinojosa; Holland; 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; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Stucky; Talarico; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Wu; Zwiener.
Nays — Ashby; Bell, K.; Bumgarner; Cain; Clardy; Cook; Craddick; Cunningham; DeAyala; Gerdes; Goldman; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Leo-Wilson; Noble; Patterson; Paul; Price; Rogers; Schaefer; Schatzline; Shaheen; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Bhojani; Gates; Klick; Moody; Morrison; Thierry.
STATEMENTS OF VOTE
When Record No. 1573 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.
Stucky
When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.
Thimesch
CSHB 4090 ON SECOND READING
(by Troxclair, Spiller, Stucky, C.J. Harris, and C.E. Harris)
CSHB 4090, A bill to be entitled An Act relating to the use of revenue attributable to the imposition of a hotel occupancy tax by certain counties for certain venue projects and the period for which certain hotel occupancy taxes may be imposed.
CSHB 4090 - POINT OF ORDER
Representative Hinojosa raised a point of order against further consideration of CSHB 4090 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.
CSHB 4090 was passed to engrossment.
HB 4376 ON SECOND READING
(by VanDeaver)
HB 4376, A bill to be entitled An Act relating to self-settled asset protection trusts.
Amendment No. 1
Representative VanDeaver offered the following amendment to HB 4376:
Amend HB 4376 (house committee printing) on page 9, between lines 6 and 7, by inserting the following appropriately lettered subsection and relettering subsequent subsections accordingly:
(____) Notwithstanding any other provision of this subchapter, a self-settled asset protection trust does not prevent a person entitled to receive payments from the settlor of the trust under the terms of an order for child support from:
(1) obtaining a remedy provided by Title 5, Family Code, for the enforcement or collection of the court-ordered child support obligation of the settlor; and
(2) satisfying the claim for child support payments from the assets of the trust.
Amendment No. 1 was adopted.
A record vote was requested.
HB 4376, as amended, was passed to engrossment by (Record 1574): 126 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Muñoz; Murr; Neave Criado; Noble; Orr; Ortega; Patterson; Paul; Plesa; Price; Ramos; Raney; Raymond; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Shine; Slawson; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Nays — Allen; Bowers; Davis; Gervin-Hawkins; Lalani; Morales, C.; Morales, E.; Morales Shaw; Ordaz; Perez; Reynolds.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Bumgarner; Jones, V.; Morrison; Oliverson; Schofield; Smith.
STATEMENTS OF VOTE
When Record No. 1574 was taken, I was shown voting yes. I intended to vote no.
J. Jones
When Record No. 1574 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1574 was taken, I was shown voting yes. I intended to vote no.
Ramos
CSHB 4429 ON SECOND READING
(by Landgraf and E. Morales)
CSHB 4429, A bill to be entitled An Act relating to the duty of a school district to enter into an ad valorem tax abatement agreement under the Property Redevelopment and Tax Abatement Act for certain property.
A record vote was requested.
CSHB 4429 was passed to engrossment by (Record 1575): 104 Yeas, 27 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; DeAyala; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Muñoz; Murr; Neave Criado; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Rogers; Romero; Rosenthal; Shaheen; Shine; Slawson; Smithee; Stucky; Tepper; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vasut; Wilson; Wu.
Nays — Bernal; Bryant; Davis; Dean; Dorazio; Gámez; Goodwin; Harrison; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Leo-Wilson; Lopez, R.; Martinez Fischer; Morales, C.; Noble; Plesa; Reynolds; Schaefer; Spiller; Swanson; Thompson, S.; Tinderholt; Toth; Vo; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Hernandez; Herrero; Longoria; Sherman; Walle.
Absent — Hinojosa; Johnson, A.; Jones, V.; Lalani; Morrison; Oliverson; Rose; Schatzline; Schofield; Smith; Talarico; Thierry.
STATEMENTS OF VOTE
When Record No. 1575 was taken, I was shown voting yes. I intended to vote no.
Flores
When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted no.
Hinojosa
When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
When Record No. 1575 was taken, I was shown voting yes. I intended to vote no.
Wilson
CSHB 4952 ON SECOND READING
(by Slawson)
CSHB 4952, A bill to be entitled An Act relating to the security of the electricity supply chain.
Amendment No. 1
Representative Slawson offered the following amendment to CSHB 4952:
Amend CSHB 4952 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 38.077, Utilities Code, is amended to read as follows:
Sec. 38.077. RELIABILITY [LOAD SHEDDING] EXERCISES. (a) In this section, "critical facility" means a transmission substation and any associated control centers that, if rendered inoperable or damaged because of a physical attack, could cause widespread instability, uncontrolled separation, or cascading outages within an interconnection.
(b) The commission and the independent organization certified for the ERCOT power region shall conduct simulated or tabletop load shedding exercises with providers of electric generation service and transmission and distribution service in the ERCOT power region. [(b)] The commission shall ensure that each year at least one simulated or tabletop exercise is conducted during a summer month and one simulated or tabletop exercise is conducted during a winter month.
(c) The commission and the independent organization certified for the ERCOT power region shall conduct simulated or tabletop load shedding exercises with providers of electric generation service and transmission and distribution service in the ERCOT power region to mitigate and prepare for a threat of an attack or an actual physical attack on a critical facility. The exercises required by this subsection are in addition to the exercises required by Subsection (b) and any requirements of the North American Electric Reliability Corporation Critical Infrastructure Protection plan standards. The commission and the independent organization shall conduct the exercises under this subsection at least once every two years.
(d) A simulated or tabletop load shedding exercise conducted under Subsection (c) must identify the roles and responsibilities of the following in the event of a threat of an attack or an actual physical attack on a critical facility:
(1) transmission and distribution service providers;
(2) law enforcement;
(3) the independent organization certified for the ERCOT power region; and
(4) the commission.
(e) A transmission and distribution service provider is not required to disclose the specific location of the provider's critical substations to the commission or the independent organization certified for the ERCOT power region for the purposes of a simulated or tabletop load shedding exercise conducted under Subsection (c).
SECTION ____. Not later than December 31, 2024, the commission and the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region shall conduct a simulated or tabletop load shedding exercise with each provider of electric generation service and of transmission and distribution service as required by Section 38.077(c), Utilities Code, as added by this Act.
Amendment No. 1 was adopted.
CSHB 4952, as amended, was passed to engrossment.
CSHB 3159 ON SECOND READING
(by Leach)
CSHB 3159, A bill to be entitled An Act relating to the use of an accessible absentee mail system by certain voters.
CSHB 3159 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
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.
HB 649 was read second time on May 10, postponed until 4 p.m. today, postponed until 10:30 p.m. today, and was again postponed until this time.
HB 649 - POINT OF ORDER
Representative Toth raised a point of order against further consideration of HB 649 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Representative Hinojosa moved to postpone consideration of HB 649 until 10 a.m. Thursday, June 1.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
HB 4433 ON SECOND READING
(by Anchía and V. Jones)
HB 4433, A bill to be entitled An Act relating to the treatment of certain residence homesteads for purposes of the Tax Increment Financing Act.
HB 4433 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 2615 ON SECOND READING
(by Gates, C.J. Harris, Burrows, Canales, Allen, et al.)
CSHB 2615, A bill to be entitled An Act relating to the operation by a school district of a foundation and trade diploma program to provide eligible high school students with educational training under a plan for the issuance of a high school diploma and the application of certain student-based allotments under the public school finance system.
CSHB 2615 was read second time earlier today, postponed until 9:30 p.m. today, and was again postponed until this time.
CSHB 2615 - POINT OF ORDER
Representative Wu raised a point of order against further consideration of CSHB 2615 under Rule 4, Section 32(c)(3), of the House Rules. The speaker sustained the point of order, announcing his decision to the house as follows:
Mr. Wu raises a point of order against further consideration of CSHB 2615 under Rule 4, Section 32(c)(3), on the grounds that the rulemaking authority statement in the bill analysis is incorrect.
The bill adds Chapter 30B to Education Code to establish a new foundation and trade diploma program. Mr. Wu argues that the bill analysis fails to identify new rulemaking authority delegated to the education commissioner. He notes that the bill provides that a student in the program established by the bill must "satisf[y] any other high school graduation requirements provided by commissioner rule[.]" Mr. Gates argues that the phrase "by commissioner rule" merely references the commissioner's existing rulemaking authority under other law.
The bill expressly recognizes that the commissioner does not have existing authority to implement its provisions. The bill exempts program students from the current graduation requirements "only if the program is administered in accordance with Chapter 30B and any applicable rules adopted by the agency . . . under that chapter." Reading all provisions of the bill together, the phrase "by commissioner rule" expressly delegates rulemaking authority to the education commissioner. A bill analysis must indicate all rulemaking authority delegated by the bill. See 74 H. Jour. 943 (1995). Here, it did not do so.
Accordingly, the point of order is well-taken and sustained.
CSHB 2615 was returned to the Committee on Public Education.
GENERAL STATE CALENDAR
(consideration continued)
HB 2086 ON SECOND READING
(by Perez)
HB 2086, A bill to be entitled An Act relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.
HB 2086 was passed to engrossment.
CSHB 4780 ON SECOND READING
(by Smith)
CSHB 4780, A bill to be entitled An Act relating to early voting ballots voted by mail.
CSHB 4780 was passed to engrossment.
CSHB 1138 ON SECOND READING
(by Martinez and Neave Criado)
CSHB 1138, A bill to be entitled An Act relating to the prosecution of the criminal offense of reckless discharge of a firearm in certain municipalities and counties.
CSHB 1138 was passed to engrossment.
CSHB 4641 ON SECOND READING
(by Meyer and Plesa)
CSHB 4641, A bill to be entitled An Act relating to the collection of consumer debt incurred by certain individuals as a result of identity theft.
CSHB 4641 was passed to engrossment.
CSHB 4498 ON SECOND READING
(by Cook and Oliverson)
CSHB 4498, A bill to be entitled An Act relating to the transfer and statutory novation of insurance policies from a transferring insurer to an assuming insurer through an insurance business transfer plan; authorizing fees.
CSHB 4498 was passed to engrossment.
CSHB 4687 ON SECOND READING
(by Campos)
CSHB 4687, A bill to be entitled An Act relating to the administration of funding for the coordination of mental health, substance use, and public health care services in this state.
(Hernandez and Walle now present)
CSHB 4687 was passed to engrossment.
HB 4734 ON SECOND READING
(by J. Lopez, et al.)
HB 4734, A bill to be entitled An Act relating to a study evaluating this state's business advantages, economic climate, and workforce readiness, and a report on attracting offshore wind energy supply chain industries to this state.
HB 4734 was passed to engrossment.
HB 389 ON SECOND READING
(by Collier, Button, Thierry, and Ordaz)
HB 389, A bill to be entitled An Act relating to health benefit coverage for certain fertility preservation services under certain health benefit plans.
Representative J. González moved to postpone consideration of HB 389 until 10 a.m. Monday, January 1, 2024.
The motion prevailed.
CSHB 4953 ON SECOND READING
(by Leo-Wilson, et al.)
CSHB 4953, A bill to be entitled An Act relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
CSHB 4953 - POINT OF ORDER
Representative Hinojosa raised a point of order against further consideration of CSHB 4953 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is substantially or materially misleading. The point of order was withdrawn.
Representative Leo-Wilson moved to postpone consideration of CSHB 4953 until 10 a.m. Thursday, June 1.
The motion prevailed.
MIDNIGHT
The proceedings continued after 12 a.m., and the following actions occurred on Friday, May 12:
POINT OF ORDER
Representative Dutton raised a point of order against further consideration of the calendar under Rule 8, Section 13(b), of the House Rules on the grounds that the deadline for consideration of house bills on second reading had passed.
The point of order was sustained.
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 No. 1.)
RECESS
Representatives Herrero and C. Bell moved that the house recess until 9 a.m. today in memory of Micah Williams of Austin and Michael Rodgers of Bellaire.
The motion prevailed.
The house accordingly, at 12:03 a.m. Friday, May 12, recessed until 9 a.m. today.
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
HCR 112 (By C. Bell), Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to U.S. Army Sergeant Major Jerry L. Bell.
To Defense and Veterans' Affairs.
HCR 115 (By Kitzman), Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to U.S. Army Master Sergeant Mike C. Peña.
To Defense and Veterans' Affairs.
SB 220 to Elections.
SB 357 to Select Youth Health and Safety.
SB 369 to Land and Resource Management.
SB 417 to Select Youth Health and Safety.
SB 833 to Insurance.
SB 842 to Pensions, Investments, and Financial Services.
SB 1117 to State Affairs.
SB 1342 to Human Services.
SB 1534 to Public Health.
SB 1787 to Land and Resource Management.
SB 1836 to Ways and Means.
SB 1916 to Urban Affairs.
SB 2361 to Ways and Means.
SB 2570 to Natural Resources.
SB 2613 to Urban Affairs.
SCR 25 to State Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 17
HB 266, HB 290, HB 474, HB 492, HB 586, HB 624, HB 785, HB 793, HB 914, HB 1088, HB 1315, HB 1333, HB 1761, HB 1845, HB 1910, HB 2109, HB 2371, HB 2575, HB 2691, HCR 111
House List No. 18
HB 279, HB 1535, HB 1555, HB 1922, HB 2460, HB 2759, HB 3290
Senate List No. 21
SB 63, SB 65, SB 188, SB 347, SB 371, SB 380, SB 502, SB 578, SB 656, SB 702, SB 760, SB 850, SB 869, SB 870, SB 1088, SB 1097, SB 1112, SB 1187, SB 1191, SB 1243, SB 1260, SB 1343, SB 1371, SB 1524, SB 1598, SB 1766, SB 1778, SB 1841, SB 1887, SB 2057, SB 2158, SB 2196, SB 2571, SB 2580, SB 2603, SCR 31
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
Thursday, May 11, 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 242
Howard
SPONSOR: Zaffirini
|
Relating to liability for the donation and distribution of feminine hygiene products.
HB 609
Vasut
SPONSOR: Middleton
|
Relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease.
HB 692
Rogers
SPONSOR: Springer
|
Relating to the authorization for certain land applications and disposal of dairy waste.
HB 1038
Cain
SPONSOR: Sparks
|
Relating to a biennial report on state lending and credit support programs.
HB 1255
Smithee
SPONSOR: Hughes
|
Relating to limitations periods in arbitration proceedings.
HB 1575
Hull
SPONSOR: Kolkhorst
|
Relating to improving health outcomes for pregnant women under Medicaid and certain other public benefits programs.
(Committee Substitute)
HB 1748
Leach
SPONSOR: Hancock
|
Relating to the use of a facsimile signature on certain public securities and related certificates.
HB 2015
Leach
SPONSOR: Zaffirini
|
Relating to the exemption from jury service for persons over a certain age.
HB 2209
Lozano
SPONSOR: Hinojosa
|
Relating to establishing the Rural Pathway Excellence Partnership (R-PEP) program and creating an allotment and outcomes bonus under the Foundation School Program to support the program.
(Committee Substitute/Amended)
HB 3345
Bonnen
SPONSOR: Huffman
|
Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; increasing the amount of a fee.
HB 3651
Bailes
SPONSOR: Nichols
|
Relating to motor fuel taxes.
HB 4015
Thompson, Ed
SPONSOR: Hancock
|
Relating to the disposition of certain fees collected for the rail safety program.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 11, 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 59
Goodwin
SPONSOR: Zaffirini
|
Relating to child water safety requirements for certain organizations; authorizing disciplinary action, including an administrative penalty.
(Amended)
HB 598
Shaheen
SPONSOR: Whitmire
|
Relating to creating the criminal offense of possession of an animal by a person who has been previously convicted of an offense involving animal cruelty.
HB 1161
Meyer
SPONSOR: Parker
|
Relating to the confidentiality of home address information for victims of child abduction and to the administration of the address confidentiality program by the office of the attorney general.
HB 1760
Hefner
SPONSOR: Hughes
|
Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.
HB 1949
Smith
SPONSOR: Springer
|
Relating to the continuation of the Red River Boundary Commission.
HB 3065
Bailes
SPONSOR: Springer
|
Relating to the taking of wildlife by an employee of the Parks and Wildlife Department or by a person or agent of the person on the person's property.
Relating to consideration by insurers of certain prohibited criteria for ratemaking.
Relating to entities that provide video services.
Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.
Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.
Relating to the use of certain tax-exempt compressed natural gas and liquefied natural gas refueling facilities under certain circumstances.
Relating to the creation of the Webb County Groundwater Conservation District; providing authority to impose fees.
Relating to authorizing certain political subdivisions to change the date on which their general election for officers is held.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
THE SENATE HAS REFUSED TO CONCUR IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
Senate Conferees: Middleton - Chair/Bettencourt/Creighton/King/Paxton
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 10
Agriculture and Livestock - SB 1424, SB 1850
Business and Industry - SB 2269, SB 2493
County Affairs - HB 622, HB 4954
Criminal Jurisprudence - SB 1653
Defense and Veterans' Affairs - SB 280
Elections - SB 221, SB 975
Higher Education - SB 1429
Human Services - SB 182
Judiciary and Civil Jurisprudence - SB 372, SB 658
Land and Resource Management - SB 2579
State Affairs - HB 854, SB 621, SB 821
Urban Affairs - SB 543
Ways and Means - SB 348, SB 361, SB 1122, SB 1439, SB 1614, SB 2091, SJR 64
ENGROSSED
May 10 - HB 7, HB 182, HB 286, HB 327, HB 800, HB 1585, HB 1775, HB 2044, HB 2181, HB 2273, HB 2541, HB 2960, HB 2965, HB 3195, HB 3258, HB 3745, HB 3782, HB 4059, HB 4362, HB 4402, HB 4628, HJR 134, HJR 146, HJR 153, HJR 172
ENROLLED
May 10 - HB 266, HB 290, HB 474, HB 492, HB 586, HB 624, HB 785, HB 793, HB 914, HB 1088, HB 1315, HB 1333, HB 1761, HB 1845, HB 1910, HB 2109, HB 2371, HB 2575, HB 2691, HCR 111
RECOMMENDATIONS FILED WITH THE SPEAKER
May 10 - HB 5361, HB 5362, HB 5363, HB 5364, HB 5365, HB 5366, HB 5367, HB 5368, HB 5373, HB 5387