Tuesday, February 25, 2025

EIGHTEENTH DAY --- TUESDAY, FEBRUARY 25, 2025

The house met at 2 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 28).

Present — Mr. Speaker(C); Alders; Allen; 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, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; 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; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; 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; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.

Absent, Excused — Dyson; Lalani; Louderback.

Absent — Anchía.

The invocation was offered by William H. King III, pastor, New Hope Missionary Baptist Church, League City.

The chair recognized Representative Alders who led the house in the pledges of allegiance to the United States and Texas flags.

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for today and the remainder of the week because of important business:

Lalani on motion of M. Perez.

The following members were granted leaves of absence for today because of important business:

Dyson on motion of Villalobos.

Louderback on motion of Alders.

CAPITOL PHYSICIAN

The chair presented Dr. Roland Prezas of Missouri City as the "Doctor for the Day."

The house welcomed Dr. Prezas and thanked them for their participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Geren and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

ADDRESS BY REPRESENTATIVE KING

The chair recognized Representative King who addressed the house, speaking as follows:

I won't take too long, but this is an important announcement. Just bear with me for a moment. You should have all seen a teal pin on your desk. Teal is the color of ovarian cancer. We have a tradition in this house that goes back to 2015 where we wear teal on Tuesdays to show our support not only in the fight against ovarian cancer but women's health overall. The KK125 Ovarian Cancer Research Foundation was created by myself and former colleague and friend Kyle Kacal with the help of many of you in this room. The purpose of the foundation is early detection. If you are in a battle against cancer, early detection is your best shot at beating it. We've raised a lot of money to that end over the years. We also do patient advocacy, and we also give specific money for that research. So no money that we raise through the foundation ever builds a parking lot. It goes directly to a cancer center for the purpose of women's health and ovarian cancer.

The history of this foundation is sad, but it's turned into a positive. Back in 2013, three very special ladies lost their lives to ovarian cancer—my mom, Paulette King, died of ovarian cancer; my friend and former colleague Kyle Kacal lost his mom, Linda Kacal, to the same disease; and a friend to many in this Capitol, Andrea Sloan. Back in 2013, members, we did not know anything about ovarian cancer. There were no answers. We created the foundation to start getting some. Cancer research has come a long way. Some of the things this chamber has helped do—back in 2015, there was one blood test known to the cancer community that could early detect ovarian cancer. It was called a CA125, hence the name KK125. So if my mother had had a CA125 four years before her diagnosis, she would likely be with us today. It is that important. Early detection matters. So what we did is we changed the law to make a CA125 part of a well-woman exam as an insurable item. The earlier we know, the more we can do.

Technology has changed. Other tests were developed in the last 10 years. I've got to thank my friend Dr. Bonnen—I don't know where he's at—but Dr. Bonnen and Senator Huffman took up that fight last session and expanded that law to include all tests for the purpose of early detection as an insurable item. That saves lives. It's transformational. I can't tell you how much that means that the work we started 10 years ago is still going on today.

Right to Try is another thing we've addressed in this chamber. And this didn't just happen in this chamber. It had full support from the senate and the governor. Governor Abbott has been with us every step of the way since 2015. So Right to Try is important because prior to 2015, if you were diagnosed with a disease and the drug your doctor wanted to give you was approved for a different disease, they couldn't give it to you—it was illegal. We changed that. Now your treatment is between you and your doctor. But there's more work to be done. I filed a bill today to that end, and I hope you will join me as we go through this journey and expand patient advocacy and give every person the right to fight these horrible diseases.

Members, when I got elected, I never thought I would stand before you as an advocate for women's health. It was never in the cards. I never thought about it. The Lord works in mysterious ways. My mother's favorite scripture was Proverbs 3:5: "Trust in the Lord with all your heart and lean not on your own understanding." You don't know where your journey in the legislature is going to take you. Be open to it, and you'll be surprised the difference you're going to make. Lastly, I just want to say, if you're lucky enough to still have your mom, hug her every day. It's that important. I hope you will join with me the rest of the session and wear teal on Tuesdays to show your support not just in the fight against ovarian cancer but women's health overall. Join me in this fight. Join me in protecting all the ovaries because without them none of us would be here.

REMARKS ORDERED PRINTED

Representative Walle moved to print remarks by Representative King.

The motion prevailed.

ADDRESS BY REPRESENTATIVE RICHARDSON

The chair recognized Representative Richardson who addressed the house, speaking as follows:

I am a survivor of ovarian cancer. Nine years ago, I was told that I had six months to live by nine different oncologists, MD Anderson, and UT Southwestern. They told me to put my affairs in order—six months to live. My tumor was between eight and 10 pounds, the size of a full-term baby. I refused chemotherapy. They looked at me like I was crazy. During my battle, I claimed the scripture Psalm 188:17: "I shall not die but live, and declare the works of the Lord." So I stand before you today to tell you that God does still work miracles. My purpose in sharing this is the story is not about me. It is to give hope to those who have been diagnosed. It is to thank those who are in this battle—the medical professionals and the caregivers who are fighting this battle. It is to thank them. God bless you, and God bless your efforts.

REMARKS ORDERED PRINTED

Representative Leach moved to print remarks by Representative Richardson.

The motion prevailed.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

MOTION IN WRITING
AUTHORIZING COMMITTEE

Representative Leach offered the following motion in writing:

Mr. Speaker:

I move that a committee of five members of the House be appointed by the Speaker to escort the Chief Justice of the Supreme Court of Texas to the Joint Session for the State of the Judiciary address on Wednesday.

Leach

The motion in writing was read and prevailed.

COMMITTEE APPOINTED

The chair announced the appointment of the following committee to escort Chief Justice Jimmy Blacklock to the Joint Session: Leach, chair; Dutton, M. González, Hunter, and Smithee.

COMMITTEES GRANTED PERMISSION TO MEET

Representative Leach moved that the house grant permission for all committees and subcommittees to meet while the house is in session, pursuant to their committee postings or recess motions. For purposes of this motion, committees and subcommittees scheduled to meet or reconvene today upon final adjournment or recess or during bill referral if permission is granted are authorized to convene upon adoption by the house of today's adjournment motion.

Permission to meet was granted.

HR 165 - ADOPTED
(by Vasut and Barry)

Representative Vasut moved to suspend all necessary rules to take up and consider at this time HR 165.

The motion prevailed.

The following resolution was laid before the house:

HR 165, Recognizing February 25, 2025, as Brazoria County Day at the State Capitol.

HR 165 was adopted.

On motion of Representative Barry, the names of all the members of the house were added to HR 165 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Vasut who introduced a delegation from Brazoria County.

HR 297 - ADOPTED
(by Vasut)

Representative Vasut moved to suspend all necessary rules to take up and consider at this time HR 297.

The motion prevailed.

The following resolution was laid before the house:

HR 297, Commemorating the 100th anniversary of Port Freeport in Brazoria County.

HR 297 was adopted.

On motion of Representative Barry, the names of all the members of the house were added to HR 297 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Vasut who introduced commissioners from Port Freeport.

HR 301 - ADOPTED
(by Darby)

Representative Darby moved to suspend all necessary rules to take up and consider at this time HR 301.

The motion prevailed.

The following resolution was laid before the house:

HR 301, Honoring the United Way of the Concho Valley for its contributions.

HR 301 was adopted.

(Anchía now present)

INTRODUCTION OF GUESTS

The chair recognized Representative Darby who introduced representatives of the United Way of the Concho Valley.

HR 278 - ADOPTED
(by Darby)

Representative Darby moved to suspend all necessary rules to take up and consider at this time HR 278.

The motion prevailed.

The following resolution was laid before the house:

HR 278, Congratulating Kade and Morgan Hodges on receiving the 2025 American Farm Bureau Federation Young Farmers & Ranchers Achievement Award.

HR 278 was adopted.

On motion of Representative McQueeney, the names of all the members of the house were added to HR 278 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Darby who introduced Kade and Morgan Hodges.

HR 327 - ADOPTED
(by Kitzman)

Representative Kitzman moved to suspend all necessary rules to take up and consider at this time HR 327.

The motion prevailed.

The following resolution was laid before the house:

HR 327, Posthumously paying tribute to the life and legacy of Congressional Medal of Honor recipient Master Sergeant Roy P. Benavidez.

HR 327 was adopted.

On motion of Representative Wilson, the names of all the members of the house were added to HR 327 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Kitzman who introduced family members of Master Sergeant Roy P. Benavidez.

(Harris in the chair)

HR 338 - ADOPTED
(by Curry)

Representative Curry moved to suspend all necessary rules to take up and consider at this time HR 338.

The motion prevailed.

The following resolution was laid before the house:

HR 338, Recognizing February 25, 2025, as Baylor Day at the State Capitol.

HR 338 was adopted.

HR 333 - ADOPTED
(by Leach)

Representative Leach moved to suspend all necessary rules to take up and consider at this time HR 333.

The motion prevailed.

The following resolution was laid before the house:

HR 333, Recognizing the 2025 Bob Bullock Scholars of Baylor University.

HR 333 was adopted.

HR 344 - ADOPTED
(by Kitzman)

Representative Kitzman moved to suspend all necessary rules to take up and consider at this time HR 344.

The motion prevailed.

The following resolution was laid before the house:

HR 344, Recognizing February 25, 2025, as Wharton County Day at the State Capitol.

HR 344 was adopted.

HR 309 - ADOPTED
(by Darby)

Representative Darby moved to suspend all necessary rules to take up and consider at this time HR 309.

The motion prevailed.

The following resolution was laid before the house:

HR 309, Recognizing the Texas Food & Fuel Association.

HR 309 was adopted.

HR 306 - ADOPTED
(by Oliverson)

Representative Oliverson moved to suspend all necessary rules to take up and consider at this time HR 306.

The motion prevailed.

The following resolution was laid before the house:

HR 306, Recognizing March 2025 as Bleeding Disorders Awareness Month.

HR 306 was adopted.

HR 343 - ADOPTED
(by Hernandez)

Representative Hernandez moved to suspend all necessary rules to take up and consider at this time HR 343.

The motion prevailed.

The following resolution was laid before the house:

HR 343, Recognizing February 25, 2025, as Texas Hispanic Judges' Day at the State Capitol.

HR 343 was adopted.

On motion of Representative M. Perez, the names of all the members of the house were added to HR 343 as signers thereof.

HR 334 - ADOPTED
(by Plesa)

Representative Plesa moved to suspend all necessary rules to take up and consider at this time HR 334.

The motion prevailed.

The following resolution was laid before the house:

HR 334, Recognizing February 24, 2025, as League of Women Voters of Collin County Day at the State Capitol.

A record vote was requested by Representative Lowe.

HR 334 was adopted by (Record 29): 98 Yeas, 28 Nays, 2 Present, not voting.

Yeas — Allen; Anchía; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Button; Campos; Canales; Capriglione; Cole; Collier; Cortez; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dutton; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Hinojosa; Howard; Hull; Hunter; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Ordaz; Patterson; Perez, V.; Phelan; Plesa; Raymond; Rodríguez Ramos; Romero; Rose; Rosenthal; Shaheen; Simmons; Smithee; Spiller; Talarico; Tepper; Thompson; Turner; VanDeaver; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.

Nays — Bumgarner; Cain; Cook; Cunningham; Dorazio; Harris Davila; Harrison; Hayes; Hickland; Hopper; Isaac; Lowe; Luther; McLaughlin; Money; Olcott; Oliverson; Paul; Schatzline; Schofield; Schoolcraft; Shofner; Slawson; Swanson; Tinderholt; Toth; Troxclair; Vasut.

Present, not voting — Mr. Speaker; Harris(C).

Absent, Excused — Dyson; Lalani; Louderback.

Absent — Alders; Ashby; Craddick; Curry; Holt; LaHood; Leo Wilson; Little; Lozano; Morales Shaw; Morgan; Noble; Orr; Perez, M.; Pierson; Reynolds; Richardson; Villalobos; Virdell.

STATEMENTS OF VOTE

When Record No. 29 was taken, I was in the house but away from my desk. I would have voted yes.

Craddick

When Record No. 29 was taken, I was in the house but away from my desk. I would have voted yes.

Curry

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

DeAyala

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Gates

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Hefner

When Record No. 29 was taken, I was in the house but away from my desk. I would have voted no.

Holt

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Hull

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Kerwin

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Landgraf

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

McQueeney

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 29 was taken, I was shown voting no. I intended to vote yes.

Oliverson

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Phelan

When Record No. 29 was taken, I was in the house but away from my desk. I would have voted no.

Richardson

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Spiller

When Record No. 29 was taken, I was shown voting yes. I intended to vote no.

Wilson

HR 342 - ADOPTED
(by Campos)

Representative Campos moved to suspend all necessary rules to take up and consider at this time HR 342.

The motion prevailed.

The following resolution was laid before the house:

HR 342, Recognizing February 25, 2025, as Texas Physician Assistant Day at the State Capitol.

HR 342 was adopted.

ADDRESS BY REPRESENTATIVE CAIN

The chair recognized Representative Cain who addressed the house, speaking as follows:

Yesterday marked 189 years since William Barret Travis wrote his famous "Victory or Death" letter. On February 24, 1836, with the garrison surrounded and the Texan Army at the Alamo outnumbered, William B. Travis wrote one of the most famous letters in American history. The following words were written 189 years and one day ago:

"Commandancy of the Alamo, Bejar, February 24, 1836.

Fellow citizens and compatriots––

I am besieged by a thousand or more of the Mexicans under Santa Anna. I have sustained a continual bombardment and cannonade for 24 hours and have not lost a man. The enemy has demanded a surrender at its discretion, otherwise the garrison are to be put to the sword if the fort is taken. I have answered the demand with a cannon shot, and our flag still waves proudly from the walls. I shall never surrender or retreat. Then I call on you in the name of liberty, of patriotism, and everything dear to the American character to come to our aid with all dispatch. The enemy is receiving reinforcements daily and will no doubt increase to 3,000 or 4,000 in four or five days. If this call is neglected, I am determined to sustain myself as long as possible and die like a soldier who never forgets what is due to his own honor and that of his country––Victory or Death.

William Barret Travis

Lieutenant Colonel, Commandant."

PROVIDING FOR ADJOURNMENT

At 3:31 p.m., Representative Toth moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 9 a.m. tomorrow.

The motion prevailed.

(Hickland in the chair)

BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)

ADJOURNMENT

In accordance with a previous motion, the house, at 3:36 p.m., adjourned until 9 a.m. tomorrow.

ADDENDUM

February 24 - Pursuant to Rule 4, Section 13, of the House Rules, the following rules and procedures were adopted by the Committee on House Administration and were submitted for inclusion in the journal:

COMMITTEE ON HOUSE ADMINISTRATION

COMMITTEE RULES

Governing Accreditation of Media Representatives
Under House Rule 5, Section 20

Rule 1. PURPOSE. Pursuant to House Rule 4, Section 13(a), the Committee on House Administration adopts these rules to implement House Rule 5, Section 20, and all relevant House policies adopted by the committee related to the accreditation of media representatives.

Rule 2. EXECUTIVE AGENT. The Executive Director of the House Business Office is designated as the committee's executive agent for the processing and approval of applications by individuals for accreditation as media representatives. The executive director may delegate a responsibility to any House Business Office employee as needed to ensure efficiency.

Rule 3. REVIEW OF APPLICATIONS FOR ACCREDITATION; APPROVAL OR REFUSAL. (a) Based on the application, accompanying materials, and any facts of which a court could take judicial notice under the Texas Rules of Evidence, the executive director shall determine whether the applicant meets the requirements for accreditation under House Rule 5, Section 20, and shall approve or refuse the application.

(b) The executive director shall complete the review of each application not later than the 10th business day after the date the application is received.

(c) If the application is approved, the executive director shall issue the pass card to the applicant, under House Rule 5, Section 20(d).

(d) The executive director shall refuse an application if the complete record does not:

(1) contain enough information for the executive director to make a determination; or

(2) support a determination that the applicant is qualified for accreditation under this section.

(e) If the executive director refuses an application under Subsection (d)(1), the executive director may request the applicant to provide additional information to enable the making of a determination. The applicant must provide the additional information requested by the executive director not later than the 5th business day after the date of the request for additional information. If the applicant does not provide the additional information as required under this subsection, the executive director's refusal operates as the committee's refusal, is final, and is not subject to further review.

(f) If the executive director refuses an application under Subsection (d)(2), the executive director shall issue a written notice to the applicant stating the reasons for refusal. The applicant may file a complaint to appeal the refusal and request a public hearing before the committee on the complaint.

Rule 4. REPORTS TO COMMITTEE. During each regular and special session, the executive director shall submit a report weekly to the members of the committee showing the applications that were:

(1) approved;

(2) refused because of insufficient information;

(3) refused because the applicant did not meet the requirements for accreditation; and

(4) refused by operation of rule.

Rule 5. FILING A COMPLAINT. (a) An individual entitled to file a complaint under House Rule 5, Section 20(g), must file the complaint with the committee clerk.

(b) A complaint must be filed in writing and either signed under oath or subscribed by the complainant making the declaration as true under penalty of perjury, and in substantially the form prescribed by Chapter 132, Civil Practice and Remedies Code. A complaint may be filed by mail, electronic communication, fax, or by hand delivery to the committee clerk.

(1) the name of the aggrieved individual or House member submitting the complaint, best contact telephone number and e-mail, and, for an aggrieved individual, the name of the aggrieved individual's employing news organization and the name of the aggrieved individual's supervisor, if any; and

(2) in plain and concise language, all facts upon which the complaint is based and that are necessary to support the complainant's request for committee action.

(d) An allegation in a complaint that is evidentiary or a legal conclusion is not grounds for dismissal if fair notice to the committee is given by the allegations as a whole.

(e) A complaint shall be filed and perfected not later than the 10th business day after the date:

(1) the executive director refuses an application; or

(2) the House member discovers or should have discovered facts supporting the allegation that a media representative:

(A) does not meet the requirements for accreditation; or

(B) has abused the privileges accorded under House Rule 5, Section 20.

(f) A complaint may be withdrawn by an aggrieved individual or a House member at any time. A withdrawn complaint may be refiled before the expiration of the period specified under Subsection (e).

(g) Before the expiration of the period specified under Subsection (e), a complaint may be amended by the aggrieved individual or House member to cure technical defects or omissions or to clarify and amplify allegations made.

(h) Upon the request of the aggrieved individual or House member, the chair shall advise the aggrieved individual or House member, as appropriate, of the status of a complaint.

Rule 6. INVESTIGATION OF A COMPLAINT. (a) The chair, in consultation with the members of the committee, shall determine the nature and scope of the investigation within the context of the allegations set forth in a complaint filed under House Rule 5, Section 20(g).

(b) At all reasonable times during the investigation of a complaint, the chair and designated committee employees shall have access to:

(1) necessary witnesses for examination under oath or affirmation; and

(2) records, documents, and other information, for inspection and copying, that are relevant to the investigation.

(c) The chair may use any form of discovery authorized under Chapter 2001, Government Code, to obtain information needed for an investigation.

(d) After all relevant evidence has been received, the chair shall direct the preparation of the investigative report on the complaint, which must:

(1) state facts related to the issues raised by the aggrieved individual or House member that are supported by the information obtained during the investigation sufficient to sustain any conclusions, but should not state any conclusions; and

(2) include an appendix of all evidence supporting the facts contained in the report.

(e) The chair shall direct the delivery of the report to the committee members promptly upon completion.

Rule 7. REPRESENTATION. The aggrieved individual or subject of a complaint may be represented by an individual licensed to practice law in this state or another designated agent.

Rule 8. SUBPOENAS; DISCOVERY. (a) The committee may issue subpoenas as authorized under House Rule 4, Section 21. Neither the aggrieved individual nor the subject of a complaint shall have the right to demand that a subpoena be issued.

(b) A person served with a subpoena issued by the committee who does not intend to comply may petition the chair in writing to revoke or modify the subpoena not later than the 5th business day after the date the person receives the subpoena. A petition shall identify separately each portion of the subpoena with which the petitioner does not intend to comply and for each portion, shall state the grounds upon which the petitioner relies. A copy of the subpoena shall be attached to the petition. The committee shall review the petition and make a final determination on whether to revoke or modify the subpoena. The chair shall provide, by electronic communication, a copy of the final determination on the petition to the petitioner.

(c) If a person fails to comply with a subpoena, the committee may take all necessary steps for enforcement of the subpoena under Subchapter B, Chapter 301, Government Code.

(d) Discovery by an aggrieved individual or subject of a complaint is not permitted, except as ordered by the committee. The committee shall provide an aggrieved individual with the record relied upon by the executive director in approving or refusing an application.

Rule 9. DISMISSAL OF COMPLAINT BEFORE REASONABLE CAUSE DETERMINATION. (a) The committee may dismiss a complaint if the complaint:

(1) is not filed timely; or

(2) fails to state sufficient facts to support or otherwise give fair notice of the complaint under House Rule 5, Section 20.

(b) Before dismissing a complaint under Subsection (a)(2) that was filed by an aggrieved individual, the aggrieved individual shall be notified and given a reasonable time to respond.

Rule 10. DUE PROCESS HEARING. (a) The chair, in consultation with the members of the committee, shall set the time and place for a public hearing on a complaint not later than the 10th business day after the date on which the complaint is received. The chair shall issue a notice of hearing to the aggrieved individual or subject of a complaint that must include a statement of the time and place of the hearing.

(b) The hearing shall be conducted in the same manner as a contested case hearing under Chapter 2001, Government Code, and is confidential to the extent provided under House Rule 4, Section 12; Title 3, Government Code; and other law.

Rule 11. ACTION AFTER DUE PROCESS HEARING. (a) After a due process hearing, the committee shall determine if the allegations contained in the complaint are valid. The committee shall prepare a final written determination that includes findings of fact and conclusions of law supporting the determination and authorizing an action required to be taken under House Rule 5, Section 20(h).

(b) If the committee is unable to agree on a final determination or has an insufficient number of votes to adopt a final determination, the committee chair shall submit a statement of this fact to the House.

(c) The committee shall deliver a copy of its final determination to the aggrieved individual or, for a complaint filed by a House member, to the House member and subject of the complaint, and, if the house is convened in a regular or special session, to the Journal Clerk for printing in the Journal.

(d) The committee's determination under this section is final and not subject to further review.

Rule 12. DISPUTE RESOLUTION: INFORMAL CONFERENCE, MEDIATION, CONCILIATION. (a) The committee encourages the resolution of complaints at all times in the complaint process by either informal or formal methods of dispute resolution such as informal conference, mediation, or conciliation.

(b) The chair may invite an aggrieved individual or subject of a complaint to attempt to resolve a complaint through dispute resolution methods. An aggrieved individual or subject of a complaint may also request dispute resolution to resolve the complaint during this period.

Rule 13. ELECTION OF REMEDIES. A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law based on an act that would be a violation of law or the House Rules related to accreditation of media representatives may not file a complaint under these rules for the same subject matter.

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

HB 1 (By Bonnen), General Appropriations Bill.

To Appropriations.

HB 2 (By Buckley), Relating to public education and public school finance.

To Public Education.

HB 3 (By Buckley), Relating to the establishment of an education savings account program.

To Public Education.

HB 4 (By Buckley), Relating to the assessment of public school students, public school accountability and actions, and proceedings challenging the operations of the public school system.

To Public Education.

HB 5 (By Craddick), Relating to the creation of the Dementia Prevention and Research Institute of Texas.

To Public Health.

HB 6 (By Leach), Relating to discipline in public schools.

To Public Education.

HB 20 (By Gates), Relating to establishing the Applied Sciences Pathway program.

To s/c Academic and Career-Oriented Education (Public Education).

HB 21 (By Gates), Relating to housing finance corporations; authorizing a fee.

To Intergovernmental Affairs.

HB 100 (By Leo Wilson), Relating to the purchase, adoption, and use of instructional materials by public schools.

To Public Education.

HB 120 (By K. Bell), Relating to career and technology education programs in public schools, the Rural Pathway Excellence Partnership (R-PEP) program, and a high school advising program, including funding for those programs under the Foundation School Program, and to the new instructional facility allotment and the permissible uses of funding under the Foundation School Program.

To s/c Academic and Career-Oriented Education (Public Education).

HB 123 (By Dutton), Relating to measures to support kindergarten readiness and early literacy and numeracy skills for public school students, including an early childhood parental support program, and to funding under the Foundation School Program for certain school districts and to support those measures.

To Public Education.

HJR 3 (By Craddick), Proposing a constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia and related disorders in this state, and transferring to that fund $3 billion from state general revenue.

To Public Health.

HJR 5 (By Lambert), Proposing a constitutional amendment providing for the creation of funds to support the capital needs of educational programs offered by the Texas State Technical College System and repealing the limitation on the allocation to that system and its campuses of the annual appropriation of certain constitutionally dedicated funding for public institutions of higher education.

To Higher Education.

HR 320 (By Tinderholt), Suspending the constitutional order of business.

To House Administration.

SB 2 to Public Education.

List No. 2

HCR 20 (By Craddick), In memory of Matthew Travis Stice of Midland.