SEVENTH DAY (CONTINUED) --- TUESDAY, AUGUST 26, 2025
The house met at 10 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 69).
Present — Mr. Speaker(C); Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, E.; Morgan; Muñoz; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu.
Absent, Excused — Campos; Geren; Morales Shaw; Vo.
Absent — Davis, A.; Davis, Y.; Garcia, J.; Goodwin; Jones, V.; Morales, C.; Noble; Perez, V.; Reynolds; Rodríguez Ramos; Zwiener.
The invocation was offered by Ferman Carpenter, chaplain, Texas Department of Public Safety, Round Rock.
The chair recognized Representative Romero who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
Vo on motion of Bernal.
The following member was granted leave of absence for today because of important business:
Morales Shaw on motion of Howard.
The following member was granted leave of absence for today because of illness:
Campos on motion of Howard.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)
PROVIDING FOR A SUSPENSION
CONGRATULATORY AND MEMORIAL CALENDAR
RULES SUSPENDED
Representative Patterson moved to suspend all necessary rules to allow the chair of the Committee on Local and Consent Calendars to prepare and distribute one or more suspension congratulatory and memorial resolutions calendars to be considered at a time to be determined by the speaker.
The motion prevailed.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business:
Lambert on motion of Barry.
The following member was granted leave of absence for today because of a family medical emergency:
Noble on motion of Cook.
(V. Jones and V. Perez now present)
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 8 ON SECOND READING
(by Buckley, K. Bell, Metcalf, Landgraf, Wilson, et al.)
HB 8, A bill to be entitled An Act relating to public school accountability and transparency, including the implementation of an instructionally supportive assessment program and the adoption and administration of assessment instruments in public schools, indicators of achievement, public school performance ratings, and interventions and sanctions under the public school accountability system, a grant program for school district local accountability plans, and actions challenging Texas Education Agency decisions related to public school accountability.
Representative Buckley moved to postpone consideration of HB 8 until 11 a.m. today.
The motion prevailed.
(Y. Davis and Zwiener now present)
HB 12 ON SECOND READING
(by Shaheen, et al.)
HB 12, A bill to be entitled An Act relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
Representative Shaheen moved to postpone consideration of HB 12 until 11:30 a.m. today.
The motion prevailed.
SB 3 - RULES SUSPENDED
ADDITIONAL SPONSORS AUTHORIZED
Representative King moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Darby, Leo Wilson, Virdell, and Wharton as additional sponsors to SB 3.
The motion prevailed.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
State Affairs, 10:30 a.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 3 ON SECOND READING
(Wilson - House Sponsor)
SB 3, A bill to be entitled An Act relating to outdoor warning sirens in flash flood-prone areas.
(Goodwin now present)
Amendment No. 1
Representative Wilson offered the following amendment to SB 3:
Amend SB 3 (house committee report) as follows:
(1) Strike page 1, lines 20-22, and substitute the following:
(c) The governor may:
(1) transfer to a state agency any money necessary to carry out the grant program established under this section and the powers and duties established under Subchapter M, Chapter 16, Water Code; and
(2) delegate to a state agency the authority to administer the grant program established under this section, including any authority necessary for that state agency to:
(A) transfer to an appropriate fund or account administered by the state agency any money transferred to the agency under Subdivision (1); and
(B) use money transferred under Subdivision (1) for the necessary and reasonable expenses incurred by the state agency in administering this section or Subchapter M, Chapter 16, Water Code.
(2) Strike page 4, lines 9-13, and substitute the following:
(j) The board may not approve financial assistance, other than financial assistance for an outdoor warning siren, including assistance described by Section 418.027, Government Code, for a county or municipality until the county or municipality certifies to the board that it is in compliance with this section.
(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 16.502(j), Water Code, as added by this Act, applies only to an application for financial assistance submitted to the Texas Water Development Board on or after the effective date of this Act.
Amendment No. 1 was adopted.
SB 3, as amended, was passed to third reading by (Record 70): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, E.; Morgan; Muñoz; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Lambert; Morales Shaw; Noble; Vo.
Absent — Davis, A.; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 70 was taken, I was away from my desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 70 was taken, I was away from my desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
HJR 1 ON SECOND READING
(by Shaheen, et al.)
HJR 1, A joint resolution proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.
Representative Shaheen moved to postpone consideration of HJR 1 until 11:35 a.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 11 ON SECOND READING
(Cook - House Sponsor)
SB 11, A bill to be entitled An Act relating to an affirmative defense to prosecution for certain victims of trafficking of persons or compelling prostitution.
SB 11 was passed to third reading by (Record 71): 136 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, E.; Morgan; Muñoz; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Lambert; Morales Shaw; Noble; Vo.
Absent — Davis, A.; Garcia, J.; Lopez, R.; Martinez Fischer; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 71 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
When Record No. 71 was taken, I was away from my desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 71 was taken, I was away from my desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
SB 16 ON SECOND READING
(Dyson - House Sponsor)
SB 16, A bill to be entitled An Act relating to real property theft and real property fraud; establishing recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations, restitution, and certain procedures with respect to those offenses.
(A. Davis now present)
Amendment No. 1
Representative Harless offered the following amendment to SB 16:
Amend SB 16 (house committee report) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 405.022, Government Code, is amended by adding Subsections (e), (f), and (g) to read as follows:
(e) If a document to create a lien on real property is filed with the secretary of state by an inmate or on behalf of an inmate and a purported debtor or obligor named in the document is an employee or board member of the Texas Department of Criminal Justice who believes the document was fraudulently filed, the purported debtor or obligor may, under penalty of perjury, file an affidavit stating the impermissibility of the document with the secretary of state. The secretary of state shall make a form affidavit for use when filing an affidavit under this subsection. On acceptance of an affidavit properly filed under this subsection, the secretary of state shall:
(1) request the assistance of the attorney general to determine whether the document was fraudulently filed; and
(2) file a termination statement with respect to the document identified in the affidavit if the attorney general determines that the document was fraudulently filed.
(f) For purposes of a request under Subsection (e), the attorney general may request the filer provide to the attorney general documentation supporting the existence of the lien, including documents described by Subsection (c).
(g) Notwithstanding Section 9.520, Business & Commerce Code, the secretary of state may refuse to accept for filing a record purporting to create a lien on real property if the attorney general determines under Subsection (a) that the document submitted for filing is fraudulent.
Amendment No. 1 was adopted.
SB 16, as amended, was passed to third reading by (Record 72): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, E.; Morgan; Muñoz; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Lambert; Morales Shaw; Noble; Vo.
Absent — Davis, Y.; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 72 was taken, I was in the house but away from my desk. I would have voted yes.
Y. Davis
When Record No. 72 was taken, I was away from my desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 72 was taken, I was away from my desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
SB 14 ON SECOND READING
(C. Bell - House Sponsor)
SB 14, A bill to be entitled An Act relating to the provision by a political subdivision of credits against impact fees to builders and developers for certain water conservation and reuse projects.
SB 14 - REMARKS
REPRESENTATIVE C. BELL: Members, under existing law, political subdivisions charge developers impact fees for new developments to cover costs associated with additional needs placed on the political subdivision's water and wastewater infrastructure systems associated with new development. SB 14 is intended to incentivize the use of more efficient water and wastewater infrastructure and appliances in new developments by providing for credits against those impact fees when such equipment is installed by the developer, ultimately reducing the cost of new housing and the impact of new developments to the existing water and wastewater systems. This bill is on the governor's call and passed this house—112 aye votes during the regular session—but was vetoed because of an amendment that has been removed from this language. With that said, I would request your support again.
REPRESENTATIVE ROMERO: Thank you, Chairman Bell. I just have a couple of questions. Are there any cities or municipalities where they already require these types of conservation methods, and they just don't give a credit at this point?
C. BELL: I am not advised regarding who may or may not already have this type of program in place, but this bill seeks to make certain that if a city charges—or a municipality or a county charges—an impact fee and the developer creates a reduction, that they work together to come up with a reduced fee.
ROMERO: Yes. I did read where in your bill it said that it's still going to be up to the municipality to create a credit system and that it's fair and it's in a reasonable manner. So that's your intent—that it's a fair program and that it's still up to the municipality to determine the type of credit? Or is it dollar for dollar? Can you explain how that works?
C. BELL: It is left to the municipalities, to the developers, and to the communities to work together to come up with what this program looks like. It is not defined in the bill exactly what that looks like. It's just a directive to enter into those types of dialogues.
REPRESENTATIVE GARCIA HERNANDEZ: I was glad to be able to be on the committee and hear you lay this particular bill out, as well as see all of the stakeholders come and testify. I just had a couple of concerns that were raised by some of my cities, so I just wanted to get some clarification. If a political subdivision takes it upon itself to use a fixture count and water demand analysis to determine the size of a water meter, allowing for the developers and the municipalities to mutually deliver on water conservation, will this implementation be within the confines of this bill?
C. BELL: So if I understand your question right, you're asking specifically if it reduces the size of the water meter. Certainly that falls within the discretion of the cities—the governmental entities charging the impact fee and the developer. The bill doesn't speak specifically to changing the size of the meter but simply to the reduction of the demand on the water and wastewater infrastructure. That would be a dialogue between those entities.
GARCIA HERNANDEZ: Sure. And how about in situations when the municipalities take it upon themselves to go ahead and incur the costs of doing that analysis? Would that also fall within this particular bill as well?
C. BELL: The bill is written in such a manner that it leaves it to the discretion of the governmental entities to work together to put that program in place and to develop what that program looks like. So I would say the answer is yes.
GARCIA HERNANDEZ: Thank you so much. In addition to that, is it your understanding that the credits to be enacted in SB 14 are on a per eligible system scale—that the power of the credit is determined by the political subdivision?
C. BELL: There is no set amount. It is, as Representative Romero noted earlier—fair and equitable are kind of the terms that are created within the bill itself. So that community—that county—would have to have the obligation to work with that developer and that builder to determine what those numbers would be.
GARCIA HERNANDEZ: Wonderful, thank you so much. Do measures that mitigate stormwater and drainage automatically qualify the developer for a water and wastewater impact fee credit?
C. BELL: I don't read that those fit directly in as reductions. What I read in the bill is that it is intended to say that if you reduce the amount of water requirement by using those types of technologies, then the city, the developer, and the builder can work together to include those types of valued propositions as a reduction.
GARCIA HERNANDEZ: Thank you so much, Chairman. I appreciate you giving that clarification for some of my cities.
SB 14 was passed to third reading by (Record 73): 128 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, E.; Morgan; Muñoz; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shofner; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Harrison; Hopper; Little; Lowe; Luther; Olcott; Toth.
Present, not voting — Mr. Speaker(C); González, M.
Absent, Excused — Campos; Geren; Lambert; Morales Shaw; Noble; Vo.
Absent — Davis, Y.; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos; Shaheen; Simmons.
STATEMENTS OF VOTE
When Record No. 73 was taken, I was in the house but away from my desk. I would have voted yes.
Y. Davis
When Record No. 73 was taken, I was shown voting no. I intended to vote yes.
Harrison
When Record No. 73 was taken, I was away from my desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 73 was taken, I was away from my desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
HOUSE AT EASE
At 10:49 a.m., the chair announced that the house would stand at ease.
The chair called the house to order at 11:12 a.m.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 8 ON SECOND READING
(by Buckley, K. Bell, Metcalf, Landgraf, Wilson, et al.)
HB 8, A bill to be entitled An Act relating to public school accountability and transparency, including the implementation of an instructionally supportive assessment program and the adoption and administration of assessment instruments in public schools, indicators of achievement, public school performance ratings, and interventions and sanctions under the public school accountability system, a grant program for school district local accountability plans, and actions challenging Texas Education Agency decisions related to public school accountability.
HB 8 was read second time earlier today and was postponed until this time.
(Harris in the chair)
REMARKS ORDERED PRINTED
Representative Bhojani moved to print all remarks on HB 8.
The motion prevailed. [The text of the debate was not available at the time of printing.]
Amendment No. 1
Representatives Buckley, K. Bell, Landgraf, VanDeaver, and M. González offered the following amendment to HB 8:
Amend HB 8 (house committee report) as follows:
(1) On page 4, between lines 18 and 19, insert the following:
(f) The instructionally supportive assessment program may be referred to as the Student Success Tool.
(2) On page 5, line 18, between "the" and "status", insert "plan for and".
(3) On page 5, line 20, immediately following the underlined period, insert "The report must include parent, student, and teacher feedback regarding the development of the program.".
(4) On page 6, line 20, between "(a-3)," and "(c)", insert "(b),".
(5) On page 6, line 21, strike "Subsection (q)" and substitute "Subsections (q), (q-1), and (q-2)".
(6) On page 7, between lines 17 and 18, insert the following:
(b) The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, who has been identified as having a significant cognitive disability and for whom an end-of-year assessment instrument adopted or developed under Subsection (a) or an end-of-course assessment instrument adopted or developed under Subsection (c), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by agency guidelines and the student's admission, review, and dismissal committee[, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection]. The agency may not adopt a performance standard that indicates that a student's performance on the alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student's developmental level as determined by the student's admission, review, and dismissal committee. A student determined to be eligible to be administered an alternative assessment instrument under this subsection is exempt from the administration of a beginning-of-year or middle-of-year assessment instrument adopted or developed under Subsection (a) or (c).
(7) On page 10, between lines 8 and 9, insert the following:
(q-1) The agency may approve for inclusion on the list under Subsection (q) any assessment instrument that has shared data sufficient to establish an accurate calculation to measure student through-year instructional growth and improvement for purposes of Section 39.053(c-5).
(q-2) For the 2027-2028 or 2028-2029 school year, the agency may provide provisional approval for use as an alternative beginning-of-year or middle-of-year assessment instrument under Subsection (q) an alternative norm-referenced assessment instrument that does not meet the requirements of this subchapter if the administrator of the assessment instrument provides to the agency an acceptable plan for bringing the assessment instrument into compliance with the requirements of this subchapter. This subsection expires September 1, 2029.
(8) On page 11, line 26, between the underlined period and "For", insert the following:
In selecting teachers to invite, the agency shall accept and prioritize nominations of qualifying teachers by regional education service centers.
(9) On page 12, between lines 23 and 24, insert the following:
(d-1) The agency shall automatically rescore the writing portion of a reading language arts assessment instrument administered to a student under Section 39.023 if the agency determines the student would attain the next highest overall performance level on the assessment instrument if the student's score on the writing portion improved by one point.
(10) On page 14, line 14, strike "in" and substitute "that includes at least".
(11) On page 15, line 21, strike "The" and substitute "Subject to Subsection (d-1), the".
(12) On page 16, between lines 2 and 3, insert the following:
(l-1) For assessment instruments administered under Section 39.023 that do not require adjudication or post-equating, the agency shall notify school districts and campuses of an enrolled student's raw scores on the assessment instrument not later than two business days after the date on which the student completes the assessment instrument.
(13) On page 16, lines 21 and 22, strike "Section 39.0263, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (c-1)" and substitute "Sections 39.0263(a) and (b), Education Code, are amended".
(14) Strike page 17, lines 19 through 24.
(15) On page 18, line 12, between "29" and the period, insert "or this chapter".
(16) On page 19, between lines 22 and 23, insert the following appropriately numbered subdivision and renumber subsequent subdivisions of the section accordingly:
(____) Sections 39.025(a-1) and (a-3);
(17) On page 19, line 21, between "(a-16)," and "(c-1)", insert "(b-1),".
(18) On page 19, line 22, between "(g)," and "(o)", insert "(n),".
(19) On page 20, line 19, between "(c-6)," and "(f-1)", insert "(c-7), (c-8),".
(20) On page 25, strike lines 7 through 17, and substitute the following:
(c-6) Notwithstanding Subsections (f-1) and (f-3), the commissioner shall incorporate into the indicators adopted under this subchapter the measure developed under Subsection (c-5) not later than the 2029-2030 school year. This subsection expires September 1, 2031.
(c-7) For purposes of Subsection (c)(3), the agency shall use appropriate alternative prior-year data to evaluate the performance under that subsection of a newly established campus that lacks the prior-year data necessary to complete a portion of the calculation methodology that relies on prior-year campus data.
(c-8) For purposes of evaluating school districts and campuses based on a college, career, and military readiness indicator adopted under Subsection (c) that requires the use of prior-year information, the agency shall ensure that a school district may submit additional prior-year information relating to the indicator during the specified time period during which the district may submit additional current-year information for that indicator.
(21) On page 27, line 23, strike "and 39.0534" and substitute "39.0534, and 39.0535".
(22) On page 28, line 15, strike "and".
(23) On page 28, line 19, between "competencies" and the underlined period, insert the following:
; and
(4) for a postsecondary credential, be a credential of value, as designated by the Texas Higher Education Coordinating Board for purposes of Section 130A.101(c)(1)
(24) On page 28, line 24, strike "that subsection" and substitute "Subsections (a) and (b)".
(25) On page 32, between lines 2 and 3, insert the following:
Sec. 39.0535. PERFORMANCE INDICATORS STUDY. (a) The commissioner shall enter into a memorandum of understanding with an institute of higher education to conduct a study regarding methods to diversify the performance standards required for domains and indicators of achievement adopted under this subchapter, such as the potential impact of developing indicators that account for educator quality, advanced academic coursework, student engagement, workforce development, parental engagement, and school climate.
(b) Not later than December 1, 2028, the commissioner shall submit to the legislature and the chairs of the standing legislative committees with primary jurisdiction over primary and secondary education a report that includes the results of the study conducted under Subsection (a).
(c) This section expires December 31, 2028.
(26) On page 39, line 25, strike "Section 312.003(a)" and substitute "Sections 312.003(a) and (c)".
(27) On page 39, line 27, strike "is" and substitute "are".
(28) On page 40, between lines 10 and 11, insert the following:
(c) In developing the inventory, the advisory council shall [may] consult with local workforce boards, the Texas Workforce Investment Council, the Texas Economic Development and Tourism Office, the Texas Education Agency, and the Texas Higher Education Coordinating Board.
(29) On page 41, line 8, strike "six" and substitute "nine".
(30) On page 60, line 10, between "39.02342," and "39.0263", insert "39.025(a-2),".
(31) On page 60, line 13, between "33.0812," and "39.026", insert "39.025(a-1) and (a-3),".
(32) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumber subsequent SECTIONS of ARTICLE 1 accordingly:
SECTION 1.____. Section 39.025(a-2), Education Code, as amended by SB 1418, Acts of the 89th Legislature, Regular Session, 2025, is amended to read as follows:
(a-2) The commissioner shall determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, the SAT, the ACT, an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.334, or any nationally recognized norm-referenced assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). A student may take a test or other assessment instrument authorized under this subsection in lieu of the appropriate end-of-course assessment instrument. The commissioner shall determine a method by which a student's satisfactory performance on the PSAT or the PreACT shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the PreACT, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument. A student who fails to perform satisfactorily on the PSAT or the PreACT must take the appropriate end-of-course assessment instrument. The commissioner shall adopt rules as necessary for the administration of this subsection.
(33) Add the following appropriately numbered SECTIONS to ARTICLE 2 of the bill and renumber subsequent SECTIONS of ARTICLE 2 accordingly:
SECTION 2.____. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0511 to read as follows:
Sec. 39.0511. WAIVER REQUEST FOR CERTAIN FEDERAL ACCOUNTABILITY-RELATED REQUIREMENTS. (a) This section applies to a school district campus in which at least 90 percent of the students have been identified as having a significant cognitive disability and receive special education services under Subchapter A, Chapter 29.
(b) Not later than January 1, 2026, the commissioner shall apply to the United States Department of Education for a waiver of requirements under the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) related to the rate of participation in the assessment program and high school graduation rates for each school district campus to which this section applies.
(c) This section expires September 1, 2027.
SECTION 2.____. Section 2308A.007, Government Code, is amended to read as follows:
Sec. 2308A.007. CREDENTIAL LIBRARY. (a) The coordinating board and the commission jointly shall [may] establish a publicly accessible web-based library of credentials, such as diplomas, certificates, certifications, digital badges, apprenticeships, licenses, or degrees, that are:
(1) delivered, issued, funded, or governed by the state;
(2) aligned with recognized skills and industry standards;
(3) available to residents of the state; and
(4) used by employers in the state.
(a-1) The [A] credential library established under this section must:
(1) include:
(A) the information included in the electronic tools or platforms developed by the coordinating board under Section 61.09022(a), Education Code; and
(B) the list of industry certifications developed under Section 39.0531, Education Code; and
(2) ensure data interoperability between relevant state agencies.
(b) The coordinating board and the commission jointly shall [may] designate a host agency to contract with an experienced and recognized third-party vendor [or operating entity] for the [a] credential library established under this section.
(c) In establishing the [a] credential library under this section, the coordinating board and the commission shall solicit input from the agency and relevant stakeholders.
(Lambert now present)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of illness:
Phelan on motion of Metcalf.
HB 8 - (consideration continued)
Amendment No. 2
Representative Anchía offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Buckley to HB 8 on page 3, lines 9 through 16, by striking item (9) of the amendment, substituting the following appropriately numbered items, and renumbering subsequent items accordingly:
(____) On line 23, between "rescoring" and the underlined period, insert "under Subsection (d-1)".
(____) Between lines 23 and 24, insert the following:
(d-1) An end-of-year or end-of-course assessment instrument adopted or developed under Section 39.023 that uses open-ended questions must be scored using a process that allows for a school district or open-enrollment charter school to submit student responses for rescoring. The agency shall pay the costs associated with rescoring student responses, if the score increases.
Amendment No. 2 was adopted.
Amendment No. 1, as amended, was adopted.
Amendment No. 3
Representative Hinojosa offered the following amendment to HB 8:
Amend HB 8 (house committee printing) as follows:
(1) On page 3, line 2, strike "created and".
(2) Strike "or developed" in each of the following places it appears:
(A) page 5, line 12;
(B) page 9, line 6;
(C) page 10, line 1;
(D) page 10, line 13;
(E) page 11, line 12;
(F) page 12, line 13;
(G) page 12, line 25;
(H) page 13, line 3;
(I) page 13, line 27;
(J) page 14, line 27;
(K) page 25, line 5;
(L) page 47, lines 20 and 21;
(M) page 48, lines 20 and 21; and
(N) page 52, line 11.
(3) On page 6, line 22, strike "creating and".
(4) Strike "or develop" and substitute "[or develop]" in each of the following places it appears:
(A) page 6, line 24; and
(B) page 7, line 12.
(5) Strike "or develop" in each of the following places it appears:
(A) page 7, line 18; and
(B) page 12, line 26.
(6) On page 10, line 11, strike "OR DEVELOPMENT".
(7) On page 48, line 15, strike "or developed" and substitute "[or developed]".
(8) Strike page 48, line 22, through page 49, line 6.
(9) Strike page 53, line 25, through page 55, line 14.
(10) Renumber SECTIONS of the bill accordingly.
Representative Buckley moved to table Amendment No. 3.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business:
Reynolds on motion of V. Jones.
HB 8 - (consideration continued)
The motion to table prevailed by (Record 74): 71 Yeas, 63 Nays, 2 Present, not voting.
Yeas — Alders; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; DeAyala; Dorazio; Fairly; Frank; Gates; Gerdes; Guillen; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; Kitzman; LaHood; Landgraf; Leach; Leo Wilson; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Olcott; Oliverson; Orr; Patterson; Paul; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Ashby; Barry; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Darby; Davis, A.; Davis, Y.; Dean; Dutton; Dyson; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, M.; Goodwin; Guerra; Harless; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lambert; Little; Longoria; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Morgan; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Villalobos; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; González, J.; King; Manuel; Morales, C.; Pierson; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 74 was taken, I was in the house but away from my desk. I would have voted yes.
King
When Record No. 74 was taken, my vote failed to register. I would have voted yes.
Pierson
Amendment No. 4
Representative Hinojosa offered the following amendment to HB 8:
Amend HB 8 (house committee report) on page 19, line 21, by striking "(a-16),".
Amendment No. 4 was adopted.
Amendment No. 5
Representative Bernal offered the following amendment to HB 8:
Amend HB 8 (house committee printing) as follows:
(1) Strike ARTICLE 1 of the bill (page 1, line 12, through page 19, line 27), and substitute the following:
ARTICLE 1. TEXAS COMMISSION ON STATE OF TEXAS ASSESSMENT OF ACADEMIC READINESS (STAAR) ASSESSMENT PROGRAM
SECTION 1.001. Chapter 39, Education Code, is amended by adding Subchapter N to read as follows:
SUBCHAPTER N. TEXAS COMMISSION ON STATE OF TEXAS ASSESSMENT OF ACADEMIC READINESS (STAAR) ASSESSMENT PROGRAM
Sec. 39.451. DEFINITION. In this subchapter, "commission" means the Texas Commission on the State of Texas Assessment of Academic Readiness (STAAR) assessment program administered under this subchapter.
Sec. 39.452. TEXAS COMMISSION ON STATE OF TEXAS ASSESSMENT OF ACADEMIC READINESS (STAAR) ASSESSMENT PROGRAM. (a) The Texas Commission on the State of Texas Assessment of Academic Readiness (STAAR) assessment program is established to develop and make recommendations for eliminating the State of Texas Assessment of Academic Readiness (STAAR) assessment program and implementing an alternative program for public school assessment and accountability.
(b) The commission is composed of 17 members, consisting of:
(1) four members appointed by the governor;
(2) three members appointed by the lieutenant governor;
(3) three members appointed by the speaker of the house of representatives;
(4) the chair and vice chair of the senate committee on education K-16 or the chair's or vice chair's designee;
(5) the chair of the house of representatives committee on public education or the chair's designee;
(6) the chair of the house of representatives committee on higher education or the chair's designee;
(7) a member of the State Board of Education, as designated by the chair of that board;
(8) a member of the Accountability Technical Advisory Committee established by rule, as designated by the chair of that committee; and
(9) a school district staff member who serves on the Texas Accountability Advisory Group established by rule.
(c) In making appointments under Subsections (b)(1), (2), and (3), the governor, lieutenant governor, and speaker of the house of representatives shall coordinate to ensure that the commission includes at least one of each of the following representatives:
(1) a parent of or person standing in parental relation to a student enrolled in a public school in this state;
(2) an educator employed by a school district or open-enrollment charter school with a student enrollment of 50,000 or more;
(3) an educator employed at a public school campus at which a large percentage of educationally disadvantaged students are enrolled;
(4) an educator employed by a rural school district;
(5) an educator employed by a fast-growth school district;
(6) a member of the business community;
(7) a member of the civic community; and
(8) a leader in research and policy in the areas of state and federal school accountability systems.
Sec. 39.453. PRESIDING OFFICER. The governor shall designate the presiding officer of the commission.
Sec. 39.454. COMPENSATION AND REIMBURSEMENT. A member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for actual and necessary expenses incurred in performing commission duties.
Sec. 39.455. ADMINISTRATIVE SUPPORT AND FUNDING. (a) Staff members of the agency shall provide administrative support for the commission.
(b) Funding for the administrative and operational expenses of the commission shall be provided by legislative appropriation to the agency for that purpose.
Sec. 39.456. RECOMMENDATIONS. The commission shall develop recommendations under this subchapter regarding the public school assessment and accountability systems, including recommendations for:
(1) eliminating the State of Texas Assessment of Academic Readiness (STAAR) assessment program and implementing an alternative program that:
(A) uses effective tools to assess student progress;
(B) ensures accountability for each school district and open-enrollment charter school; and
(C) assesses students using assessment instruments that:
(i) provide for progress monitoring;
(ii) are balanced, innovative, and streamlined;
(iii) are knowledge and skills-based;
(iv) measure a student's through-year academic growth;
(v) provide immediate, actionable, and useful information to an educator, a parent of or person standing in parental relation to a student, and the public; and
(vi) use multiple measures of academic readiness, including authentic assessment of student learning; and
(2) implementing policy changes necessary to establish a public school assessment and accountability system that:
(A) meets state goals for academic achievement;
(B) reduces testing requirements for students;
(C) is community-based;
(D) promotes parental and community involvement; and
(E) reflects the unique needs of each community in this state.
Sec. 39.457. REPORT. Not later than September 1, 2026, the commission shall prepare and deliver to the governor and the legislature a report that recommends statutory changes to improve the public school assessment and accountability systems.
Sec. 39.458. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) The commission may hold public meetings as needed to fulfill its duties under this subchapter.
(b) The commission is subject to Chapters 551 and 552, Government Code.
Sec. 39.459. ABOLITION; EXPIRATION. The commission is abolished and this subchapter expires January 1, 2027.
(2) On page 43, lines 3 and 4, strike "AND CHANGES RELATED TO TRANSITION OF ASSESSMENT PROGRAM".
(3) Strike page 43, line 5, through page 58, line 10.
(4) On page 58, line 23, strike "language arts".
(5) Strike page 58, line 25, through page 59, line 18.
(6) Renumber sections of Article 4 accordingly.
(7) On page 60, strike lines 5 through 16, and substitute the following:
SECTION 5.003. (a) Section 39.053(c-5), Education Code, as added by this Act, applies beginning with the 2027-2028 school year.
(8) On page 60, line 17, strike "(c)" and substitute "(b)".
Representative Buckley moved to table Amendment No. 5.
The motion to table prevailed by (Record 75): 82 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Guillen; Harless; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; Kitzman; LaHood; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Gervin-Hawkins; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lambert; Longoria; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; Garcia Hernandez; González, J.; King; Manuel; Morales, C.; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 75 was taken, I was in the house but away from my desk. I would have voted no.
Garcia Hernandez
When Record No. 75 was taken, I was in the house but away from my desk. I would have voted yes.
King
Amendment No. 6
Representative Hinojosa offered the following amendment to HB 8:
Amend HB 8 (house committing printing) as follows:
(1) Strike page 7, lines 8 through 11, and substitute the following:
(3) [social studies, in grade eight;
[(4)] science, in grades five and eight; and
(4) [(5)] any other subject and grade required by federal law.
(2) On page 7, strike lines 20 through 22, and substitute the following:
biology, and English I and provide for the availability of optional beginning-of-year and middle-of-year assessment instruments for those courses [, English II, and United States history].
(3) On page 7, line 25, strike "and English II" and substitute "[and English II]".
(4) On page 7, line 26, strike "instruments must each" and substitute "instrument [instruments] must [each]".
Amendment No. 6 was adopted.
HB 8, as amended, was passed to engrossment by (Record 76): 78 Yeas, 58 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gerdes; González, M.; Guillen; Harless; Harris Davila; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; Kitzman; LaHood; Landgraf; Leach; Leo Wilson; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Darby; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; Goodwin; Guerra; Harrison; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lambert; Little; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; Gates; King; Morales, C.; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 76 was taken, I was shown voting no. I intended to vote yes.
Anchía
When Record No. 76 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 76 was taken, I was in the house but away from my desk. I would have voted yes.
King
When Record No. 76 was taken, I was away from my desk in protest of the special session. I would have voted no.
C. Morales
When Record No. 76 was taken, I was away from my desk in protest of the special session. I would have voted no.
Rodríguez Ramos
SB 12 ON SECOND READING
(Shaheen, et al. - House Sponsors)
SB 12, A bill to be entitled An Act relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
SB 12 was considered in lieu of HB 12.
(Speaker in the chair)
Pursuant to Rule 5, Section 28, of the House Rules, Representative Romero requested an extension of speaking time on SB 12.
The request was granted by (Record 77): 94 Yeas, 40 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Button; Capriglione; Cole; Collier; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; DeAyala; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Harris; Hernandez; Hinojosa; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; King; Kitzman; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McQueeney; Meyer; Meza; Moody; Morales, E.; Morgan; Muñoz; Oliverson; Ordaz; Paul; Perez, M.; Perez, V.; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schofield; Shaheen; Simmons; Spiller; Talarico; Tepper; Thompson; Turner; VanDeaver; Villalobos; Ward Johnson; Wu; Zwiener.
Nays — Alders; Bell, C.; Bumgarner; Cain; Cook; Dean; Dorazio; Gerdes; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Kerwin; LaHood; Leo Wilson; Little; Lopez, J.; Lowe; Luther; Metcalf; Money; Olcott; Orr; Patterson; Schatzline; Schoolcraft; Shofner; Slawson; Smithee; Swanson; Tinderholt; Toth; Troxclair; Vasut; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker(C); Harless.
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Canales; Garcia, J.; González, J.; McLaughlin; Morales, C.; Rodríguez Ramos; Walle.
SB 12 - POINT OF ORDER
Representative Romero raised a point of order against further consideration of SB 12 under Rule 4, Section 32(b)(12), of the House Rules on the grounds that the committee report failed to include the number of the joint resolution for which the bill has been designated by the author or sponsor of the enabling legislation. The point of order was withdrawn.
Amendment No. 1
Representative Bryant offered the following amendment to SB 12:
Amend SB 12 (house committee report) on page 2, lines 25 and 26, by striking "on the 91st day after the last day of the legislative session" and substituting "January 4, 2027".
Amendment No. 1 failed of adoption by (Record 78): 54 Yeas, 84 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu; Zwiener.
Nays — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; Hunter; Morales, C.; Rodríguez Ramos.
STATEMENT OF VOTE
When Record No. 78 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
SB 12 was passed to third reading by (Record 79): 85 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; Morales, C.; Rodríguez Ramos.
HB 12 - LAID ON THE TABLE SUBJECT TO CALL
Representative Shaheen moved to lay HB 12 on the table subject to call.
The motion prevailed.
REMARKS ORDERED PRINTED
Representative Garcia Hernandez moved to print all remarks on SB 14.
The motion prevailed.
POSTPONED BUSINESS
The following resolutions were laid before the house as postponed business:
HJR 1 ON SECOND READING
(by Shaheen, et al.)
HJR 1, A joint resolution proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.
HJR 1 was read second time earlier today and was postponed until this time.
HJR 1 - REMARKS
REPRESENTATIVE SHAHEEN: Members, HJR 1 proposes a constitutional amendment granting the Texas attorney general concurrent jurisdiction with local district and county attorneys to prosecute election-related crimes.
REPRESENTATIVE MOODY: At the risk of sounding like Mr. Harrison, I do have to say this—and it just happens to be a fact: Every session, almost every bill makes government bigger. We come in here and say one thing but do another. In this resolution, which shifts our entire criminal justice system into a "big as it gets" government territory—we should be very afraid of that. It's no secret that I'm not a fan of our current attorney general, but this isn't about him, and soon there will be someone else's name on the Texas AG letterhead. That person will be our state's civil attorney, not its prosecutor. That's different than how things work in Washington, D.C.—different than many other states—and it wasn't done on accident.
The government is never bigger than when it takes your liberty. When this state was founded, we decided that the person taking your liberty shouldn't be some faceless elected official in Austin but someone elected in your own community. We decided that government at its biggest should still be small, and I believe in that. I started my legal career in a district attorney's office, and I know firsthand how connected these public servants are to their communities. They have to be, or they won't be the DA for very long. That's exactly what our system is supposed to do. This isn't a partisan issue; it's a political philosophy issue. It's something we need to take a long-term view on because there's a jail cell at the end of that road. Our Constitution wisely gave the keys to local prosecutors. Please join me in voting no to keep them there.
HJR 1 was passed to engrossment by (Record 80): 85 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Campos; Geren; Morales Shaw; Noble; Phelan; Reynolds; Vo.
Absent — Garcia, J.; Morales, C.; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 80 was taken, I was away from my desk in protest of the special session. I would have voted no.
C. Morales
When Record No. 80 was taken, I was away from my desk in protest of the special session. I would have voted no.
Rodríguez Ramos
ADJOURNMENT
Representative Buckley moved that the house adjourn until 2:12 p.m. today.
The motion prevailed.
The house accordingly, at 2:09 p.m., adjourned until 2:12 p.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 16 (By Craddick), Congratulating Barbara Jean Bolden Yarbrough of Midland on the occasion of her 90th birthday.
To Local and Consent Calendars.
HR 72 (By Moody and Harris Davila), Honoring Amber Cervantes for her work to raise awareness of Huntington's disease.
To Local and Consent Calendars.
HR 73 (By Lalani), Commemorating the 2025 Global Encounters Festival.
To Local and Consent Calendars.
HR 74 (By Patterson), Congratulating Sadie Schiermeyer of Richardson on her selection as Miss Texas 2025.
To Local and Consent Calendars.
HR 75 (By Dyson), In memory of Richard W. B. Davis of College Station.
To Local and Consent Calendars.
List No. 2
HJR 10 (By Hayes, Toth, Schatzline, Cain, and Gates), Proposing a constitutional amendment relating to the determination of a quorum of the senate or house of representatives.
To House Administration.