NINTH DAY (CONTINUED) --- THURSDAY, AUGUST 28, 2025
The house met at 1:30 p.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 106).
Present — Mr. Speaker(C); Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; 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; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales Shaw; Morgan; Muñoz; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; 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; Vo; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Absent, Excused — Geren; Longoria; Meza; Morales, E.; Walle.
Absent — Davis, A.; Garcia, J.; Morales, C.; Noble; Rodríguez Ramos.
The invocation was offered by Ferman Carpenter, chaplain, Texas Department of Public Safety, Round Rock.
The chair recognized Representative Lambert who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of important business in the district:
Longoria on motion of Lujan.
Meza on motion of Howard.
Walle on motion of Turner.
The following member was granted leave of absence for today because of important business:
E. Morales on motion of Howard.
The following member was granted leave of absence for the remainder of today because of illness:
Johnson on motion of Moody.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 1:45 p.m. today, 3W.9, for a formal meeting, to set a calendar.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
A. Davis on motion of Ward Johnson.
The following member was granted leave of absence for the remainder of today because of illness:
Guerra on motion of Barry.
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. 2 and Senate List No. 1).
COMMITTEES GRANTED PERMISSION TO MEET
Representative Dean moved that the house grant permission for all committees and subcommittees to meet while the house is in session, through and including Tuesday, September 2, pursuant to their committee postings.
Permission to meet was granted.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of a family medical emergency:
Noble on motion of Cook.
RESOLUTIONS 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.)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Hernandez on motion of M. Perez.
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 8 - RULES SUSPENDED
ADDITIONAL SPONSORS AUTHORIZED
Representative Darby moved to suspend Rule 8, Section 5(d), of the House Rules to designate as joint sponsors and co-sponsors for SB 8 all joint authors and co-authors for HB 214.
The motion prevailed.
SB 8 ON SECOND READING
(Orr, Metcalf, Bonnen, Leach, Harris, et al. - House Sponsors)
SB 8, A bill to be entitled An Act relating to the designation and use of certain spaces and facilities according to sex; authorizing a civil penalty and a private civil right of action.
Pursuant to Rule 5, Section 28, of the House Rules, Representative J. González requested an extension of speaking time on SB 8.
The request was granted by (Record 107): 80 Yeas, 48 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Canales; Capriglione; Cole; Collier; Cortez; Cunningham; Darby; Davis, Y.; DeAyala; Dorazio; Dutton; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris; Hinojosa; Howard; Hull; Isaac; Jones, J.; Jones, V.; King; Lalani; Lambert; Landgraf; Leach; Little; Lopez, J.; Lopez, R.; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Meyer; Moody; Muñoz; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Slawson; Thompson; Turner; VanDeaver; Vo; Ward Johnson; Wilson; Wu; Zwiener.
Nays — Ashby; Barry; Bell, C.; Cain; Cook; Craddick; Curry; Dean; Dyson; Gerdes; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Kerwin; Kitzman; LaHood; Leo Wilson; Louderback; Lowe; Lozano; Metcalf; Money; Morgan; Olcott; Oliverson; Patterson; Paul; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Villalobos; Virdell; Wharton.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Walle.
Absent — Bhojani; Campos; Garcia, J.; Hunter; Morales, C.; Morales Shaw; Ordaz; Orr; Pierson; Rodríguez Ramos; Talarico.
STATEMENT OF VOTE
When Record No. 107 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
Pursuant to Rule 5, Section 28, of the House Rules, Representative Zwiener requested a second extension of speaking time on SB 8.
There being objection, the request was not granted by (Record 108): 45 Yeas, 85 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Davis, Y.; Dutton; Flores; Gámez; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Muñoz; Perez, V.; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Turner; Vo; Ward Johnson; Wu; Zwiener.
Nays — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bhojani; 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; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; 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 — Davis, A.; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Walle.
Absent — Cortez; Garcia, J.; Garcia, L.; Lozano; Morales, C.; Ordaz; Perez, M.; Rodríguez Ramos; Thompson.
STATEMENT OF VOTE
When Record No. 108 was taken, I was in the house but away from my desk. I would have voted yes.
M. Perez
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of illness in the family:
Gámez on motion of M. González.
SB 8 - (consideration continued)
Amendment No. 1
Representative Anchía offered the following amendment to SB 8:
Amend SB 8 (house committee report) by striking the enacting clause (page 1, line 5).
(Harris in the chair)
Pursuant to Rule 5, Section 28, of the House Rules, Representative J. González requested an extension of speaking time on Amendment No. 1.
The request was not granted by (Record 109): 49 Yeas, 82 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Fairly; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Muñoz; Perez, M.; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; 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; Frank; Gates; Gerdes; Guillen; Harless; 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; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Walle.
Absent — Garcia, J.; Morales, C.; Ordaz; Perez, V.; Rodríguez Ramos; Troxclair.
Representative Orr moved to table Amendment No. 1.
Pursuant to Rule 5, Section 28, of the House Rules, Representative Bucy requested an extension of speaking time on Amendment No. 1.
The request was not granted by (Record 110): 50 Yeas, 82 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; 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 Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; 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; Phelan; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Walle.
Absent — Garcia, J.; King; Morales, C.; Rodríguez Ramos; Schoolcraft.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business:
Schoolcraft on motion of Toth.
SB 8 - (consideration continued)
The motion to table prevailed by (Record 111): 84 Yeas, 49 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; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; King; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Garcia, J.; Morales, C.; Rodríguez Ramos.
STATEMENT OF VOTE
When Record No. 111 was taken, I was shown voting no. I intended to vote yes.
King
Amendment No. 2
Representative Goodwin offered the following amendment to SB 8:
Amend SB 8 (house committee report) as follows:
(1) On page 3, line 17, strike "A" and substitute "Except as provided by Subsection (c), a".
(2) On page 3, between lines 24 and 25, insert the following:
(c) A political subdivision is not required to designate under Subsection (a) each multiple-occupancy private space in a building the political subdivision owns, operates, or controls if the governing body of the political subdivision adopts a resolution or policy exempting the political subdivision from that requirement for the building.
Representative Orr moved to table Amendment No. 2.
The motion to table prevailed by (Record 112): 86 Yeas, 43 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; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Perez, M.; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lopez, R.; Manuel; Martinez Fischer; Moody; Morales Shaw; Ordaz; Perez, V.; Plesa; Reynolds; Rose; Rosenthal; Simmons; Talarico; Tinderholt; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Bhojani; Garcia, J.; Hayes; Morales, C.; Rodríguez Ramos; Romero; Thompson.
STATEMENT OF VOTE
When Record No. 112 was taken, I was temporarily out of the house chamber. I would have voted no.
Bhojani
Amendment No. 3
Representative J. González offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 8, between lines 24 and 25, by inserting the following:
Sec. 3002.1055. PRIVATE CAUSE OF CIVIL ACTION: WRONGFUL HARASSMENT, THREAT, OR REMOVAL. A person affected by a political subdivision's or state agency's wrongful harassment, threat, or removal of an individual using a multiple-occupancy private space in a building the political subdivision or state agency owns, operates, or controls may bring a civil action against the political subdivision or state agency and is entitled to obtain:
(1) actual damages, including damages for mental anguish; and
(2) court costs, including reasonable attorney's and witness fees.
Amendment No. 3 - Point of Order
Representative Little raised a point of order against further consideration of Amendment No. 3 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane.
(Landgraf in the chair)
The point of order was withdrawn.
Amendment No. 3 was withdrawn.
Amendment No. 4
Representative Rosenthal offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 3, between lines 13 and 14, by inserting the following:
Sec. 3002.003. NONAPPLICABILITY TO INDIVIDUALS WITH INTERSEX CONDITIONS. (a) In this section, "intersex condition" means an inborn chromosomal, gonadal, genital, or endocrine characteristic, or a combination of those characteristics, incompatible with the typical definition of male or female or atypical for the sex assigned to an individual. For purposes of this section, intersex conditions include:
(1) Klinefelter syndrome;
(2) Turner syndrome;
(3) partial androgen insensitivity syndrome; and
(4) mixed gonadal dysgenesis.
(b) Notwithstanding any other provision of this chapter, this chapter, including a designation of a multiple-occupancy private space under Section 3002.051, does not apply to an individual with an intersex condition.
Representative Orr moved to table Amendment No. 4.
The motion to table prevailed by (Record 113): 83 Yeas, 47 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Davis, Y.; Garcia, J.; Morales, C.; Morales Shaw; Reynolds; Rodríguez Ramos.
Amendment No. 5
Representative V. Jones offered the following amendment to SB 8:
Amend SB 8 (house committee report) as follows:
(1) On page 3, between lines 24 and 25, insert the following:
(c) In ensuring an individual entered a multiple-occupancy private space that aligns with the individual's sex, a political subdivision or state agency may not:
(1) conduct or require a visual inspection of an individual's body with all clothing removed or require the individual to expose the individual's genitals; or
(2) require an individual to provide documentation regarding the individual's sex that contains personally identifiable information, including:
(A) a court order for a name change or gender or sex marker change;
(B) a birth certificate; or
(C) an individual's medical records.
(d) A political subdivision or state agency may only search an individual to ensure the individual entered a multiple-occupancy private space that aligns with the individual's sex on issuance of a warrant authorizing the search. A law enforcement official shall conduct the search in accordance with the policies adopted by the official's law enforcement agency to ensure the search occurs at a safe and secure location and the official is wearing an activated body camera, if applicable.
(2) On page 7, between lines 4 and 5, insert the following:
(b-1) A political subdivision or state agency may not provide to the attorney general under Subsection (b) a supporting document that contains personally identifiable information, including:
(1) a court order for a name change or gender or sex marker change;
(2) a birth certificate; or
(3) an individual's medical records.
Representative Orr moved to table Amendment No. 5.
The motion to table prevailed by (Record 114): 84 Yeas, 47 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Garcia, J.; Louderback; Morales, C.; Morales Shaw; Rodríguez Ramos.
Amendment No. 6
Representative Zwiener offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 3, by inserting the following between lines 24 and 25:
(c) "Reasonable steps" as used in Subsection (b) may not include the requirement for an individual to present photo identification or another form of identity verification to confirm the individual's sex before the individual may be granted entry to a multi-occupancy private space that is a bathroom or restroom facility.
Representative Orr moved to table Amendment No. 6.
The motion to table prevailed by (Record 115): 86 Yeas, 43 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bhojani; 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; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Davis, Y.; Garcia, J.; Jones, V.; Morales, C.; Morales Shaw; Reynolds; Rodríguez Ramos.
STATEMENT OF VOTE
When Record No. 115 was taken, I was shown voting yes. I intended to vote no.
Bhojani
Amendment No. 7
Representative Simmons offered the following amendment to SB 8:
Amend SB 8 (house committee report) as follows:
(1) On page 4, between lines 14 and 15, add the following appropriately lettered subsection:
(____) If an individual notifies a political subdivision or state agency that the individual reasonably believes the use of a multiple-occupancy private space designated for use by the individual's sex under Subsection (a) will subject the individual to threats, harassment, or physical danger, the political subdivision or state agency shall:
(1) provide the individual with access to a reasonably available single-occupancy private space; or
(2) if a single-occupancy private space is not reasonably available, temporarily restrict the access of other individuals to the multiple-occupancy private space by providing a security officer at the entrance to the private space to ensure the individual may enter and use the private space without being subject to threats, harassment, or physical danger.
(Speaker in the chair)
Representative Orr moved to table Amendment No. 7.
The motion to table prevailed by (Record 116): 85 Yeas, 46 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; 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; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Ordaz; Perez, M.; Perez, V.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Davis, Y.; Garcia, J.; Gates; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENT OF VOTE
When Record No. 116 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
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. 2).
SB 8 - (consideration continued)
Amendment No. 8
Representative Simmons offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 6 as follows:
(1) Between lines 9 and 10, insert the following appropriately numbered subdivision and renumber the subdivisions of added Section 3002.102, Government Code, accordingly:
( ____) the resident personally witnessed the violation while present at the location of the multiple-occupancy private space that is the subject of the violation;
(2) Strike lines 17 through 19 and insert the following:
(2) the resident's sworn statement or affidavit:
(A) describing the violation, including the date, time, and location of the violation; and
(B) affirming the individual personally witnessed the violation.
Representative Orr moved to table Amendment No. 8.
The motion to table prevailed by (Record 117): 86 Yeas, 48 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; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Moody; Morales Shaw; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Garcia, J.; Morales, C.; Rodríguez Ramos.
Amendment No. 9
Representative Simmons offered the following amendment to SB 8:
Amend SB 8 (house committee report) as follows:
(1) On page 11, between lines 4 and 5, add the following appropriately numbered section to proposed Subchapter C, Chapter 3002, Government Code:
Sec. 3002.____. LIABILITY FOR FALSE ACCUSATION OR DISSEMINATION OF PERSONAL INFORMATION, IMAGE, OR LIKENESS. (a) A person is liable for any material, reputational, or physical harm suffered by an individual accused of violating this chapter if the person:
(1) knowingly or recklessly falsely accuses the individual of the violation; or
(2) disseminates without the individual's consent the individual's personal information, image, or likeness in connection with the individual's compliance with this chapter.
(b) An individual who is falsely accused or whose personal information, image, or likeness is disseminated under Subsection (a) is entitled to recover:
(1) actual damages for the harm suffered; and
(2) court costs, including reasonable attorney's fees and witness fees.
(c) If a false accusation described by Subsection (a)(1) results in the publication of dissemination to the public of the personal information, image, or likeness of the accused individual, the accused individual is entitled to recover actual damages in an amount equal to not less than the amount of civil penalties authorized under Section 3002.101.
Amendment No. 9 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 9 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane.
(Wharton in the chair)
The point of order was withdrawn.
Amendment No. 9 was withdrawn.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Martinez Fischer on motion of R. Lopez.
(Landgraf in the chair)
SB 8 - (consideration continued)
Amendment No. 10
Representative Collier offered the following amendment to SB 8:
Amend SB 8 (house committee report) as follows:
(1) On page 8, strike lines 15-24.
(2) On page 9, line 14, strike "or 3002.105".
(3) Renumber the sections of proposed Subchapter C, Chapter 3002, Government Code, and cross-references to those sections accordingly.
Pursuant to Rule 5, Section 28, of the House Rules, Representative Campos requested an extension of speaking time on Amendment No. 10.
The request was not granted by (Record 118): 41 Yeas, 85 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bucy; Campos; Canales; Collier; Cortez; Davis, Y.; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, V.; Lalani; Lambert; Manuel; Martinez; Moody; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Nays — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Button; Cain; Capriglione; Cole; 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; Jones, J.; Kerwin; King; Kitzman; LaHood; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Schoolcraft; Walle.
Absent — Bhojani; Dutton; Garcia, J.; Lopez, R.; Morales, C.; Ordaz; Plesa; Rodríguez Ramos; Smithee.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Ordaz on motion of Cortez.
SB 8 - (consideration continued)
Representative Orr moved to table Amendment No. 10.
The motion to table prevailed by (Record 119): 85 Yeas, 44 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Manuel; Martinez; Moody; Morales Shaw; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Bowers; Garcia, J.; Lopez, R.; Morales, C.; Rodríguez Ramos.
Amendment No. 11
Representative Garcia Hernandez offered the following amendment to SB 8:
Amend SB 8 (house committee report) by striking page 10, starting on line 12, through line 4 of page 12.
Representative Orr moved to table Amendment No. 11.
The motion to table prevailed by (Record 120): 84 Yeas, 44 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Manuel; Martinez; Moody; Morales Shaw; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Garcia, J.; Lopez, R.; Morales, C.; Rodríguez Ramos; Rose; Schofield.
Amendment No. 12
Representative Rose offered the following amendment to SB 8:
Amend SB 8 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. The changes in law made by this Act may not be construed to permit discrimination on the basis of an individual's sex.
Amendment No. 12 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 12 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.
Representative Orr moved to table Amendment No. 12.
The motion to table prevailed by (Record 121): 83 Yeas, 47 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Manuel; Martinez; Moody; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Garcia, J.; Lopez, R.; Morales, C.; Rodríguez Ramos.
Amendment No. 13
Representative J. González offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 8, between lines 21 and 22, by adding the following appropriately lettered subsection to added Section 3002.105, Government Code, and relettering the subsections of that section and cross-references to those subsections accordingly:
(____) A person affected by a political subdivision's or state agency's wrongful harassment, threat, or removal of an individual using a multiple-occupancy private space designated under Section 3002.051(a) may bring a civil action and is entitled to obtain:
(1) declaratory relief;
(2) injunctive relief; and
(3) court costs, including reasonable attorney's and witness fees.
Representative Orr moved to table Amendment No. 13.
The motion to table prevailed by (Record 122): 83 Yeas, 44 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; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Manuel; Martinez; Moody; Morales Shaw; Perez, M.; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Dutton; Garcia, J.; Leach; Lopez, R.; Morales, C.; Phelan; Rodríguez Ramos.
SB 8 - POINT OF ORDER
Representative Moody raised a point of order against further consideration of SB 8 under Rule 8, Section 3, of the House Rules and under Article III, Section 35(a), of the Texas Constitution on the grounds that the bill contains more than one subject.
(Speaker in the chair)
The point of order was withdrawn.
SB 8 - POINT OF ORDER
Representative M. González raised a point of order against further consideration of SB 8 under Rule 8, Section 1(a)(1), of the House Rules on the grounds that the caption fails to give reasonable notice of the subject of the bill. The point of order was withdrawn.
Amendment No. 14
Representatives Toth, Cain, Harrison, Tinderholt, and Olcott offered the following amendment to SB 8:
Amend SB 8 (house committee report) on page 6 as follows:
(1) On line 2, strike "$5,000" and substitute "$25,000".
(2) On line 3, strike "$25,000" and substitute "$125,000".
Amendment No. 14 was adopted by (Record 123): 84 Yeas, 41 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; Phelan; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Lalani; Lopez, R.; Manuel; Martinez; Moody; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Rose; Rosenthal; Simmons; Talarico; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Cortez; Davis, Y.; Garcia, J.; Jones, V.; Morales, C.; Reynolds; Rodríguez Ramos; Romero; Thompson; Ward Johnson.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Elections, 7 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
(Geren now present)
SB 8 - (consideration continued)
SB 8, as amended, was passed to third reading by (Record 124): 86 Yeas, 43 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; Frank; Gates; Gerdes; Geren; 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; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lopez, R.; Manuel; Moody; Morales Shaw; Perez, V.; Plesa; Reynolds; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Schoolcraft; Walle.
Absent — Fairly; Garcia, J.; Lalani; Martinez; Morales, C.; Perez, M.; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 124 was taken, my vote failed to register. I would have voted yes.
Fairly
When Record No. 124 was taken, I was in the house but away from my desk. I would have voted no.
Martinez
When Record No. 124 was taken, I was away from the desk in protest of the special session. I would have voted no.
C. Morales
When Record No. 124 was taken, my vote failed to register. I would have voted no.
M. Perez
When Record No. 124 was taken, I was away from the desk in protest of the special session. I would have voted no.
Rodríguez Ramos
HOUSE AT EASE
At 7:09 p.m., the chair announced that the house would stand at ease.
The chair called the house to order at 7:26 p.m.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of illness:
Geren on motion of Raymond.
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 7 ON SECOND READING
(by Leach, Hickland, Troxclair, Pierson, Metcalf, et al.)
CSHB 7, A bill to be entitled An Act relating to prohibitions on the manufacture and provision of abortion-inducing drugs, including the jurisdiction of and effect of certain judgments by courts within and outside this state with respect to the manufacture and provision of those drugs, and to protections from certain counteractions under the laws of other states and jurisdictions; authorizing qui tam actions.
Amendment No. 1
Representative Leach offered the following amendment to CSHB 7:
Amend CSHB 7 (house committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1. This Act shall be known as the Woman and Child Protection Act.
SECTION 2. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 171A to read as follows:
CHAPTER 171A. ABORTION-INDUCING DRUGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 171A.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section 245.002.
(2) "Abortion-inducing drug" has the meaning assigned by Section 171.061.
(3) "Delivery network company," "delivery person," "digital network," "digitally prearranged delivery," "digitally prearranged ride," "driver," and "transportation network company" have the meanings assigned by Section 2402.001, Occupations Code.
(4) "Health care facility" has the meaning assigned by Section 108.002, except the term does not include a hospital.
(5) "Health care provider" means an individual who is licensed, certified, or otherwise authorized by this state to diagnose, prevent, alleviate, or cure a human illness or injury. The term does not include a physician.
(6) "Hospital" means:
(A) a hospital licensed under Chapter 241 or 577; or
(B) a hospital owned, maintained, or operated by this state.
(7) "Medical emergency" means a condition described by Section 170A.002(b)(2).
(8) "Physician" means an individual licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathic medicine.
(9) "Physician group" means an entity, including an entity described in the definition of "physician" under Section 74.001, Civil Practice and Remedies Code, that is formed by a physician or group of physicians to provide medical services.
Sec. 171A.002. APPLICABILITY AND CONSTRUCTION OF CHAPTER. (a) This chapter does not apply to and a civil action under this chapter may not be brought against:
(1) a hospital;
(2) a health care facility licensed, owned, maintained, or operated by this state;
(3) a health care provider, other than a provider against whom a qui tam action may be brought in accordance with Section 171A.101(d)(8);
(4) a physician, other than a physician against whom a qui tam action may be brought in accordance with Section 171A.101(d)(8);
(5) a physician group;
(6) an Internet service provider or the provider's affiliates or subsidiaries;
(7) an Internet search engine;
(8) a cloud service provider solely providing access or connection to or from an Internet website or other information or content on the Internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services; or
(9) a person who manufactures, distributes, mails, transports, delivers, prescribes, provides, or possesses abortion-inducing drugs in this state solely for one or more of the following purposes:
(A) treating a medical emergency;
(B) removing an ectopic pregnancy;
(C) removing a dead, unborn child whose death was caused by spontaneous abortion; or
(D) a purpose that does not include performing, inducing, attempting, or assisting an abortion, other than an abortion performed in response to a medical emergency.
(b) This chapter may not be construed to require the actual performance, inducement, or attempted performance of an abortion in order for a person to bring a civil action authorized by this chapter.
SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS
Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING DRUGS. (a) Except as provided by Subsection (b) or Section 171A.002, a person may not:
(1) manufacture or distribute an abortion-inducing drug in this state; or
(2) mail, transport, deliver, prescribe, or provide an abortion-inducing drug in any manner to or from any person or location in this state.
(b) Subsection (a) does not prohibit:
(1) speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment to the United States Constitution, or protected by Section 8, Article I, Texas Constitution;
(2) conduct a pregnant woman takes in the course of aborting or attempting to abort the woman's unborn child;
(3) the manufacture, distribution, mailing, transport, delivery, prescribing, provision, or possession of an abortion-inducing drug solely for one or more of the purposes described by Section 171A.002(a)(9); or
(4) conduct a person takes under the direction of a federal agency, contractor, or employee to carry out a duty under federal law, if prohibiting that conduct would violate the doctrine of preemption or intergovernmental immunity.
Sec. 171A.052. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW. (a) This subchapter may be enforced only through a qui tam action brought under Subchapter C.
(b) No other direct or indirect enforcement of this subchapter may be taken or threatened by this state, a political subdivision of this state, a district or county attorney, or any officer or employee of this state or a political subdivision of this state against any person, by any means whatsoever, except as provided in Subchapter C.
(c) This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by the other law or regulation and that would remain prohibited by the other law or regulation in the absence of this subchapter.
SUBCHAPTER C. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO ABORTION-INDUCING DRUGS
Sec. 171A.101. QUI TAM ACTION AUTHORIZED. (a) A person, other than this state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state, has standing to bring and may bring a qui tam action against a person who:
(1) violates Section 171A.051; or
(2) intends to violate Section 171A.051.
(b) An action brought under this section must be brought in the name of the qui tam relator, who is an assignee of this state's claim for relief. Notwithstanding any other law, the transfer of this state's claim to the qui tam relator is absolute, with the state retaining no interest in the subject matter of the claim.
(c) A qui tam relator may not bring an action under this section if the action is preempted by 47 U.S.C. Section 230(c).
(d) A qui tam action may not be brought under this section:
(1) against a woman for using, obtaining, or seeking to obtain abortion-inducing drugs to abort or attempt to abort her unborn child;
(2) against a person acting under the direction of a federal agency, contractor, or employee who is carrying out a duty under federal law if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity;
(3) by any person who:
(A) impregnated a woman through conduct constituting sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(B) committed an offense for which an affirmative finding of family violence was made under Article 42.013, Code of Criminal Procedure;
(C) provided an abortion-inducing drug to a pregnant woman for the purpose of performing, inducing, or attempting an abortion without the woman's consent or knowledge;
(D) has been convicted of an offense under Section 42.072, Penal Code; or
(E) acts in concert or participation with a person described by this subdivision;
(4) against a transportation network company or a driver for using a transportation network company's digital network to provide a digitally prearranged ride;
(5) against a delivery network company or a delivery person for using a delivery network company's digital network to provide a digitally prearranged delivery;
(6) against an air carrier conducting domestic or flag operations under 14 C.F.R. Part 121 or a foreign air carrier conducting scheduled operations under 14 C.F.R. Part 129;
(7) against a person to whom this chapter does not apply and against whom a civil action under this chapter may not be brought under Section 171A.002(a);
(8) against a health care provider or physician, unless the qui tam relator pleads and proves that the provider or physician engaged in conduct constituting a violation of Section 171A.051 while located outside this state; or
(9) against a pharmaceutical manufacturer, pharmaceutical distributor, or common carrier, unless the qui tam relator pleads and proves that the defendant failed to adopt and implement a policy to not distribute, mail, transport, deliver, provide, or possess abortion-inducing drugs other than for one or more of the purposes described by Section 171A.002(a)(9).
(e) Notwithstanding any other law, including rules of civil procedure adopted under Chapter 26, Civil Practice and Remedies Code, an action brought under this section may not be litigated on behalf of a claimant class or a defendant class, and a court may not certify a class in the action.
(f) In an action brought under this chapter, a qui tam relator or a defendant against whom an action is brought under this section may not, without the consent of the person to whom the information belongs, publicly disclose or improperly obtain:
(1) any personally identifiable information of a pregnant woman who sought or obtained an abortion-inducing drug from a defendant against whom a qui tam action is brought under this section, including any written, electronic, audio, or visual document or media that identifies the pregnant woman;
(2) any information protected from public disclosure under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and regulations adopted under that Act; or
(3) any personal data of a pregnant woman who sought or obtained an abortion-inducing drug from a defendant against whom a qui tam action is brought under this section that is protected from public disclosure under federal or state law.
(g) Notwithstanding any other law, a court may not order in response to the filing of a petition by a qui tam relator the taking of a deposition under Rule 202, Texas Rules of Civil Procedure, of a woman who is the subject of a violation of Section 171A.051 unless the woman consents to the deposition.
Sec. 171A.102. DEFENSES. (a) It is an affirmative defense to an action brought under Section 171A.101 that the defendant:
(1) was unaware the defendant was engaged in the conduct prohibited by Section 171A.051; and
(2) took reasonable precautions to ensure the defendant would not violate Section 171A.051.
(b) It is an affirmative defense to an action brought under Section 171A.101 that:
(1) the imposition of civil liability on the defendant will violate the defendant's rights under federal law, including the United States Constitution;
(2) the defendant:
(A) has standing to assert the rights of a third party under the tests for third-party standing established by the United States Supreme Court; and
(B) demonstrates that the imposition of civil liability on the defendant will violate the third party's rights under federal law, including the United States Constitution;
(3) the imposition of civil liability on the defendant will violate the defendant's rights under the Texas Constitution; or
(4) the imposition of civil liability on the defendant will violate limits on extraterritorial jurisdiction imposed by the United States Constitution or the Texas Constitution.
(c) The defendant has the burden of proving an affirmative defense under this section by a preponderance of the evidence.
(d) The following are not defenses to an action brought under Section 171A.101:
(1) a defendant's ignorance or mistake of law, including a defendant's mistaken belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional;
(2) a defendant's reliance on a state or federal court decision that is not binding on the court in which the action has been brought;
(3) a defendant's reliance on a federal agency rule or action that has been repealed, superseded, or declared invalid or unconstitutional, even if the federal agency rule or action had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;
(4) the laws of another state or jurisdiction, including an abortion shield law, unless the Texas Constitution or federal law compels the court to enforce that law;
(5) non-mutual issue preclusion or non-mutual claim preclusion;
(6) sovereign immunity, governmental immunity, or official immunity, other than sovereign immunity, governmental immunity, or official immunity applicable to:
(A) a hospital owned, maintained, or operated by this state that facilitates the availability of or makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9);
(B) a political subdivision of this state, including a hospital district, that facilitates the availability of or makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9); or
(C) a physician or health care professional employed by a hospital owned or operated by this state or a political subdivision of this state, including a hospital district, acting within the scope of the physician's or professional's employment who prescribes, distributes, administers, or otherwise makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9);
(7) a claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional or federally protected rights of third parties, except as provided by Subsection (b); or
(8) consent to the abortion by the claimant or the unborn child's mother.
Sec. 171A.103. STATUTE OF LIMITATIONS. A person may bring an action under Section 171A.101 not later than the sixth anniversary of the date the cause of action accrues.
Sec. 171A.104. REMEDIES. (a) Notwithstanding any other law and except as provided by Subsection (b), if a qui tam relator prevails in an action brought under Section 171A.101, the court shall award to the relator:
(1) injunctive relief sufficient to prevent the defendant from violating Section 171A.051;
(2) an amount of not less than $100,000 for each violation of Section 171A.051, to be allocated in accordance with Subsection (b); and
(3) costs and reasonable attorney's fees.
(b) In awarding the amount described by Subsection (a)(2), the court shall ensure that:
(1) the qui tam relator receives the entire amount awarded under Subsection (a)(2) for an action in which the relator is:
(A) a woman who was pregnant at the time the woman obtained or received an abortion-inducing drug that was manufactured, distributed, mailed, transported, delivered, prescribed, provided, or possessed in violation of Section 171A.051; or
(B) the father, sibling, or grandparent of the unborn child with which the woman described by Paragraph (A) was pregnant at the time the woman obtained or received the abortion-inducing drug; and
(2) for an action in which the qui tam relator is a person other than a person described by Subdivision (1):
(A) the relator receives $10,000 of the total amount awarded under Subsection (a)(2); and
(B) the remainder of the amount awarded under Subsection (a)(2) is held in trust by the relator for the benefit of a charitable organization designated by the relator, except that the relator may not designate a charitable organization under this paragraph from which the relator or any of the relator's family members receives a salary, stipend, or any type of remuneration or financial benefit.
(c) A court may not award relief under Subsection (a)(2) or (3) in response to a violation of Section 171A.051 if the defendant demonstrates that:
(1) a court previously ordered the defendant to pay an amount under Subsection (a)(2) in another action for that particular violation; and
(2) the court order described by Subdivision (1) has not been vacated, reversed, or overturned.
(d) A court may not award costs or attorney's fees under the Texas Rules of Civil Procedure or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant against whom an action is brought under Section 171A.101.
(e) Subsection (d) does not preclude a court from:
(1) awarding sanctions under Chapter 10, Civil Practice and Remedies Code; or
(2) sanctioning a litigant or attorney for frivolous, malicious, or bad-faith conduct.
Sec. 171A.105. COORDINATED ENFORCEMENT PROHIBITED. (a) This state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state may not:
(1) act in concert or participation with a qui tam relator bringing an action under Section 171A.101;
(2) establish or attempt to establish any type of agency or fiduciary relationship with a qui tam relator bringing an action under Section 171A.101;
(3) attempt to control or influence a person's decision to bring an action under Section 171A.101 or that person's conduct of the litigation; or
(4) intervene in an action brought under Section 171A.101.
(b) This section does not prohibit this state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state from filing an amicus curiae brief in an action brought under Section 171A.101 if this state, the political subdivision, the officer, or the employee does not act in concert or participation with the qui tam relator.
Sec. 171A.106. JURISDICTION; APPLICABILITY OF STATE LAW. (a) Notwithstanding any other law, including Subchapter C, Chapter 17, Civil Practice and Remedies Code, the courts of this state have personal jurisdiction over a defendant sued under Section 171A.101 to the maximum extent permitted by the Fourteenth Amendment to the United States Constitution, and the defendant may be served outside this state.
(b) Notwithstanding any other law, the law of this state applies to an action brought under Section 171A.101 to the maximum extent permitted by the Texas Constitution and federal law, including the United States Constitution.
(c) Notwithstanding any other law, any contractual provision that requires or purports to require application of the laws of a different jurisdiction, or that requires or purports to require a qui tam action under Section 171A.101 to be litigated in a particular forum, is void based on this state's public policy and is not enforceable in any court.
(d) Notwithstanding any other law, Chapter 27, Civil Practice and Remedies Code, does not apply to an action brought under Section 171A.101.
Sec. 171A.107. APPEALS. The Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction over any appeal or original proceeding arising out of an action brought under Section 171A.101 in the courts of this state.
Sec. 171A.108. APPLICATION OF OTHER LAW. Notwithstanding any other law, a court may not apply the law of another state or jurisdiction to any qui tam action brought under Section 171A.101 unless the Texas Constitution or federal law compels the court to apply that law.
SUBCHAPTER D. PROTECTION FROM CERTAIN COUNTERACTIONS
Sec. 171A.151. EFFECT OF CLAWBACK PROVISIONS. (a) For purposes of this section, the term "clawback provision" refers to any law of another state or jurisdiction that authorizes the bringing of a civil action against a person for:
(1) bringing or engaging in an action authorized by this chapter, including Subsection (f);
(2) bringing or engaging in an action that alleges a violation of Section 171A.051;
(3) attempting, intending, or threatening to bring or engage in an action described by Subdivision (1) or (2); or
(4) providing legal representation or any type of assistance to a person who brings or engages in an action described by Subdivision (1) or (2).
(b) Notwithstanding any other law and except as otherwise provided by federal law or the Texas Constitution, the laws of this state apply to:
(1) conduct described by Subsection (a);
(2) an action brought against a person for engaging in conduct described by Subsection (a);
(3) an action brought under a clawback provision against a resident of this state; and
(4) an action brought under Subsection (f).
(c) Notwithstanding any other law, in an action described by Subsection (a)(1) or (2), the court shall, on request, issue a temporary, preliminary, or permanent injunction that restrains each defendant in the action, each person in privity with the defendant, and each person with whom the defendant is in active concert or participation from:
(1) bringing an action under any clawback provision against a claimant or prosecutor, a person in privity with the claimant or prosecutor, or a person providing legal representation or any type of assistance to the claimant or prosecutor; and
(2) continuing to litigate an action under any clawback provision that has been brought against a claimant or prosecutor, a person in privity with the claimant or prosecutor, or a person providing legal representation or any type of assistance to the claimant or prosecutor.
(d) Notwithstanding any other law, the doctrines of res judicata and collateral estoppel preclude a defendant against whom a judgment is entered in an action described by Subsection (a)(1) or (2) and each person in privity with the defendant from litigating or relitigating any claim or issue under any clawback provision against a claimant, prosecutor, or person in privity with the claimant or prosecutor that was raised or could have been raised as a claim, cross-claim, counterclaim, or affirmative defense under the federal or this state's rules of civil procedure.
(e) Notwithstanding any other law, a court of this state may not enforce an out-of-state judgment obtained in an action brought under a clawback provision unless federal law or the Texas Constitution requires the court to enforce the judgment.
(f) Notwithstanding any other law, if an action is brought or judgment is entered against a person under a clawback provision based wholly or partly on the person's decision to engage in conduct described by Subsection (a), that person is entitled to injunctive relief and damages from any person who brought the action or obtained the judgment or who sought to enforce the judgment. Notwithstanding any other law, the relief described by this subsection must include:
(1) compensatory damages, including money damages in an amount equal to the judgment damages and costs, expenses, and reasonable attorney's fees spent in defending the action;
(2) costs, expenses, and reasonable attorney's fees incurred in bringing an action under this subsection;
(3) additional amounts consisting of the greater of:
(A) twice the sum of the damages, costs, expenses, and fees described by Subdivisions (1) and (2); or
(B) $100,000; and
(4) injunctive relief that restrains each person who brought the action under the clawback provision, each person in privity with the person, and each person acting in concert or participation with the person from:
(A) bringing further actions under any clawback provision against the person against whom the action was brought, each person in privity with the person, or any person providing legal representation or any type of assistance to the person;
(B) continuing to litigate any actions brought under a clawback provision against the persons described by Paragraph (A); and
(C) enforcing or attempting to enforce any judgment obtained in any actions brought under a clawback provision against the persons described by Paragraph (A).
(g) It is not a defense to an action brought under Subsection (f) that:
(1) the claimant failed to seek recovery under Subsection (f) in an action brought against the claimant under a clawback provision; or
(2) a court in a preceding action brought against the claimant declined to recognize or enforce Subsection (f) or held any provision of that subsection invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
(h) Notwithstanding any other law, Chapter 27, Civil Practice and Remedies Code, does not apply to an action brought under Subsection (f).
(i) The Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction over any appeal or original proceeding arising out of a civil action brought under Subsection (f) in the courts of this state.
SECTION 3. Chapter 171A, Health and Safety Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act.
SECTION 4. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this Act, and every application of the provisions in this Act to every person, group of persons, or circumstances, is severable from each other. If any application of any provision in this Act to any person, group of persons, or circumstances is found by a court to be invalid for any reason, the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected.
SECTION 5. This Act takes effect on the 91st day after the last day of the legislative session.
(Schoolcraft now present)
Amendment No. 1 was adopted by (Record 125): 84 Yeas, 44 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; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; 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; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Moody; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Campos; Garcia, J.; Money; Morales, C.; Reynolds; Rodríguez Ramos; Romero; Rose.
STATEMENT OF VOTE
When Record No. 125 was taken, I was in the house but away from my desk. I would have voted no.
Rose
Pursuant to Rule 5, Section 28, of the House Rules, Representative Oliverson requested an extension of speaking time on CSHB 7.
The request was granted by (Record 126): 112 Yeas, 15 Nays, 2 Present, not voting.
Yeas — Alders; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Capriglione; Cole; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; DeAyala; Dorazio; Dutton; Dyson; Fairly; Frank; Garcia, L.; Garcia Hernandez; Gerdes; González, M.; Goodwin; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, V.; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morgan; Muñoz; Olcott; Oliverson; Patterson; Paul; Perez, V.; Phelan; Pierson; 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; Vo; Wharton; Wilson; Wu; Zwiener.
Nays — Allen; Bhojani; Bowers; Collier; Dean; Gervin-Hawkins; González, J.; Jones, J.; Lalani; Manuel; Martinez; Morales Shaw; Perez, M.; Plesa; Ward Johnson.
Present, not voting — Mr. Speaker(C); Lowe.
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Canales; Flores; Garcia, J.; Gates; Morales, C.; Orr; Reynolds; Rodríguez Ramos.
CSHB 7, as amended, was passed to engrossment by (Record 127): 84 Yeas, 46 Nays, 2 Present, not voting.
Yeas — Mr. Speaker(C); 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; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Morgan; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; 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; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Moody; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Lowe; Money.
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Campos; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 127 was taken, I was away from the desk in protest of the special session. I would have voted no.
C. Morales
When Record No. 127 was taken, I was away from the desk in protest of the special session. I would have voted no.
Rodríguez Ramos
CSHB 15 ON SECOND READING
(by Hefner, Ashby, and Cook)
CSHB 15, A bill to be entitled An Act relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
(Harris in the chair)
Amendment No. 1
Representative Moody offered the following amendment to CSHB 15:
Amend CSHB 15 (house committee report) as follows:
(1) On page 2, line 11, between "by" and "Subsections", insert "this subsection and".
(2) On page 2, line 16, strike "A" and substitute "Except for information, records, or notations described by Section 552.108(c-1), Government Code, that are contained in a license holder's department file, a".
Amendment No. 1 was adopted by (Record 128): 125 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris Davila; Harrison; Hayes; Hefner; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales Shaw; Morgan; Muñoz; Olcott; Oliverson; 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; Turner; VanDeaver; Vasut; Villalobos; Virdell; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C); Troxclair.
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Bhojani; Cain; DeAyala; Garcia, J.; Lozano; Morales, C.; Reynolds; Rodríguez Ramos; Vo.
STATEMENT OF VOTE
When Record No. 128 was taken, I was temporarily out of the house chamber. I would have voted yes.
Bhojani
Amendment No. 2
Representative McLaughlin offered the following amendment to CSHB 15:
Amend CSHB 15 (house committee report) as follows:
(1) On page 2, line 8, strike "only".
(2) On page 2, between lines 10 and 11, insert the following:
(f-1) On completion of an investigation relating to alleged license holder misconduct, a law enforcement agency shall permit the following individuals to view any letter, memorandum, or document placed in the license holder's department file relating to the alleged misconduct:
(1) the individual who submitted the complaint of alleged misconduct that was the subject of the investigation;
(2) any individual to whom the alleged misconduct that was the subject of the investigation was directed; or
(3) the immediate family of an individual described by Subdivision (2) if the individual is now deceased.
(f-2) A person permitted to view a letter, memorandum, or document under Subsection (f-1) may not duplicate, record, capture, or otherwise memorialize the letter, memorandum, or document. A permitted viewing of a letter, memorandum, or document under Subsection (f-1) is not considered to be a release of public information for purposes of Chapter 552, Government Code.
(3) On page 2, line 11, strike "and (f)" and substitute "(f), (f-1), and (f-2)".
(Speaker in the chair)
Representative Hefner moved to table Amendment No. 2.
The motion to table was lost by (Record 129): 19 Yeas, 107 Nays, 2 Present, not voting.
Yeas — Ashby; Barry; Bell, K.; Buckley; Darby; Fairly; Frank; Harless; Harris; Harris Davila; Hayes; Hefner; Kerwin; Kitzman; Lambert; Orr; Schofield; Spiller; Troxclair.
Nays — Alders; Allen; Anchía; Bell, C.; Bernal; Bowers; Bryant; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Davis, Y.; Dean; DeAyala; Dutton; Dyson; Flores; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harrison; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, J.; Jones, V.; King; LaHood; Lalani; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales Shaw; Morgan; Muñoz; Olcott; Oliverson; Patterson; Paul; Perez, M.; Perez, V.; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Swanson; Talarico; Tepper; Thompson; Tinderholt; Turner; VanDeaver; Vasut; Villalobos; Virdell; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Dorazio.
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Bhojani; Bonnen; Garcia, J.; Morales, C.; Phelan; Reynolds; Rodríguez Ramos; Toth; Vo.
STATEMENTS OF VOTE
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Ashby
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Barry
When Record No. 129 was taken, I was temporarily out of the house chamber. I would have voted no.
Bhojani
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Buckley
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Fairly
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Harless
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Harris Davila
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Hayes
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Lambert
When Record No. 129 was taken, I was shown voting yes. I intended to vote no.
Schofield
Amendment No. 2 was adopted.
CSHB 15, as amended, was passed to engrossment by (Record 130): 87 Yeas, 41 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Perez, V.; Phelan; Pierson; Raymond; Richardson; Schatzline; 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; Campos; Canales; Cole; Collier; Davis, Y.; Dutton; Flores; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Jones, J.; Jones, V.; Lalani; Manuel; Martinez; Morales Shaw; Perez, M.; Plesa; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Harrison.
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Button; Cain; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos; Schofield.
STATEMENTS OF VOTE
When Record No. 130 was taken, I was away from the desk in protest of the special session. I would have voted no.
C. Morales
When Record No. 130 was taken, I was shown voting no. I intended to vote yes.
Plesa
When Record No. 130 was taken, I was away from the desk in protest of the special session. I would have voted no.
Rodríguez Ramos
CSHB 265 ON SECOND READING
(by Hull, Meyer, Slawson, Leo Wilson, Leach, et al.)
CSHB 265, A bill to be entitled An Act relating to governmental oversight of youth camps, including youth camp rules, duties, and the advisory committee.
CSHB 265 was passed to engrossment by (Record 131): 127 Yeas, 3 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; Campos; Canales; Capriglione; Cole; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Moody; Morales Shaw; Morgan; Muñoz; Olcott; Oliverson; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Vo; Ward Johnson; Wharton; Wilson; Zwiener.
Nays — Collier; Harrison; Money.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos; Shofner; Wu.
STATEMENTS OF VOTE
When Record No. 131 was taken, I was away from the desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 131 was taken, I was away from the desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
When Record No. 131 was taken, I was in the house but away from my desk. I would have voted yes.
Shofner
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
CSHCR 13
(by Guillen)
CSHCR 13, Urging the federal government to take immediate action to curb the spread of the New World screwworm in Texas.
CSHCR 13 was adopted by (Record 132): 131 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales Shaw; Morgan; Muñoz; Olcott; Oliverson; 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; Vo; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, A.; Gámez; Geren; Guerra; Hernandez; Johnson; Longoria; Martinez Fischer; Meza; Morales, E.; Noble; Ordaz; Walle.
Absent — Bhojani; Garcia, J.; Morales, C.; Reynolds; Rodríguez Ramos.
STATEMENTS OF VOTE
When Record No. 132 was taken, I was temporarily out of the house chamber. I would have voted yes.
Bhojani
When Record No. 132 was taken, I was away from the desk in protest of the special session. I would have voted yes.
C. Morales
When Record No. 132 was taken, I was away from the desk in protest of the special session. I would have voted yes.
Rodríguez Ramos
ADJOURNMENT
Representative Orr moved that the house adjourn until 9:57 p.m. today.
The motion prevailed.
The house accordingly, at 9:55 p.m., adjourned until 9:57 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
HR 76 (By Vasut), Congratulating Reanna Santos of Angleton on being named Miss Rodeo Texas 2025.
To Local and Consent Calendars.
HR 77 (By Meyer), Commemorating the 100th anniversary of John S. Bradfield Elementary School in Dallas.
To Local and Consent Calendars.
HR 78 (By Villalobos), Congratulating Andrew Molly on his retirement as chief operating officer of Corpus Christi Water.
To Local and Consent Calendars.
HR 79 (By J. Lopez), In memory of Lionel Charles Betancourt.
To Local and Consent Calendars.
HR 80 (By Harris Davila), In memory of Kent Monroe Wattinger of Marble Falls.
To Local and Consent Calendars.
HR 81 (By Harris Davila), In memory of Irene Kaye Michna of Taylor.
To Local and Consent Calendars.
HR 82 (By Lalani), Commemorating the 250th anniversary of the U.S. Army.
To Local and Consent Calendars.
HR 83 (By Muñoz), Commemorating the 70th anniversary of Pearson Elementary School in Mission.
To Local and Consent Calendars.
HR 84 (By Martinez Fischer), In memory of Terrill A. Cover of San Antonio.
To Local and Consent Calendars.
HR 85 (By Martinez Fischer), In memory of Richard Cyril Bernal of San Antonio.
To Local and Consent Calendars.
HR 86 (By Martinez Fischer), In memory of the 13 victims of catastrophic flooding that occurred in San Antonio on June 11 and 12, 2025.
To Local and Consent Calendars.
HR 87 (By Martinez Fischer), In memory of Robert Barrett of San Antonio.
To Local and Consent Calendars.
HR 88 (By Martinez Fischer), Commemorating the 100th anniversary of Woodlawn Lake Park Swimming Pool in San Antonio.
To Local and Consent Calendars.
HR 89 (By Harris Davila), Congratulating Ronald Paul Werner of Taylor on his 90th birthday.
To Local and Consent Calendars.
HR 90 (By Martinez Fischer), In memory of Richard J. Vane.
To Local and Consent Calendars.
HR 91 (By Martinez Fischer), In memory of Martin Henry Garza Sr. of San Antonio.
To Local and Consent Calendars.
HR 92 (By Martinez Fischer), In memory of Thomas Irving Hennigan of San Antonio.
To Local and Consent Calendars.
HR 93 (By Buckley), Congratulating Sara Van Dusen of Killeen on her induction into the U.S. Army Operational Testers' Hall of Fame.
To Local and Consent Calendars.
HR 94 (By Shofner), Commemorating the 75th anniversary of St. John's Episcopal Church in Carthage.
To Local and Consent Calendars.
HR 95 (By Darby), Commemorating the 125th anniversary of Glen Cove Baptist Church.
To Local and Consent Calendars.
HR 96 (By Shofner), In memory of Dale Alan Nixon.
To Local and Consent Calendars.
HR 97 (By Hunter), In memory of Daniel Anthony Pedrotti of Corpus Christi.
To Local and Consent Calendars.
HR 98 (By Patterson), Congratulating McKinley Wagley on her selection as the 2025 Miss Rodeo North Texas Fair Princess.
To Local and Consent Calendars.
HR 99 (By Bucy), Congratulating Tina Cannon on her retirement as president and CEO of the Austin LGBT Chamber of Commerce.
To Local and Consent Calendars.
HR 100 (By Buckley), In memory of Jack R. Wade.
To Local and Consent Calendars.
HR 101 (By Buckley), Congratulating Linda Huebner of Bartlett ISD on being named the 2025 Region V Teacher of the Year and the 2025 State Teacher of the Year by the Family and Consumer Sciences Teachers Association of Texas.
To Local and Consent Calendars.
HR 102 (By Buckley), Congratulating Charles and Lawanda Hardage of Killeen on their 60th wedding anniversary.
To Local and Consent Calendars.
HR 103 (By Buckley), In memory of Oscar Rolando "Rolly" Correa of Salado.
To Local and Consent Calendars.
HR 104 (By Buckley), Commending the Kliewer family for 34 years of service as the owners of Patriot Buick GMC in Killeen.
To Local and Consent Calendars.
HR 105 (By Muñoz), Congratulating the Palmview 16U baseball team on winning the 2025 Colt League Baseball World Series.
To Local and Consent Calendars.
HR 106 (By Bowers), In memory of Linda Joyce Cox.
To Local and Consent Calendars.
HR 107 (By Curry), Commemorating the 175th anniversary of McLennan County.
To Local and Consent Calendars.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 2
HB 16, HB 23, HB 25, HB 26, HB 192
Senate List No. 1
SB 11, SB 12, SB 14, SB 18
Senate List No. 2
SB 3, SB 16