FORTY-FIFTH DAY --- WEDNESDAY, APRIL 16, 2025
The house met at 10 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 210).
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; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Garcia, J.; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Howard; Hull; Hunter; Isaac; Jones, J.; Jones, V.; Kerwin; 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; Meza; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Phelan; Pierson; Raymond; Richardson; Rodríguez Ramos; Romero; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Vo; Walle; Wharton; Wilson; Zwiener.
Absent — Anchía; Cole; Collier; Gámez; Garcia, L.; Garcia Hernandez; Goodwin; Hernandez; Hinojosa; Johnson; King; Longoria; Perez, V.; Plesa; Reynolds; Rose; Rosenthal; Schoolcraft; Simmons; Turner; Ward Johnson; Wu.
The invocation was offered by Scot Wall, state minister, Capitol Commission, Austin.
The chair recognized Representative McQueeney who led the house in the pledges of allegiance to the United States and Texas flags.
(Schoolcraft now present)
PASTOR OF THE DAY
The chair presented the Most Reverend Michael J. Sis, bishop, Diocese of San Angelo, San Angelo, as the "Pastor of the Day."
CAPITOL PHYSICIAN
The chair presented Dr. Jeffrey Urieto of Cedar Hill as the "Doctor for the Day."
The house welcomed Dr. Urieto and thanked them for their participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
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).
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 recess.
COMMITTEES GRANTED PERMISSION TO MEET
Representative Harless 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.
(L. Garcia, Garcia Hernandez, Goodwin, Johnson, V. Perez, Plesa, Rose, Rosenthal, Simmons, and Ward Johnson now present)
HR 668 - PREVIOUSLY ADOPTED
(by Cook)
The chair laid out the following previously adopted resolution:
HR 668, Recognizing April 16, 2025, as Texas Juvenile Justice Professional Day at the State Capitol.
INTRODUCTION OF GUESTS
The chair recognized Representative Cook who introduced participants in Texas Juvenile Justice Professional Day.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Public Health, 8:30 a.m. tomorrow, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
HR 693 - ADOPTED
(by Lozano)
Representative Lozano moved to suspend all necessary rules to take up and consider at this time HR 693.
The motion prevailed.
The following resolution was laid before the house:
HR 693, Recognizing April 16, 2025, as Refugio County Day at the State Capitol.
HR 693 was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative Lozano who introduced a delegation from Refugio County.
(Turner now present)
HR 679 - PREVIOUSLY ADOPTED
(by Virdell)
The chair laid out the following previously adopted resolution:
HR 679, Recognizing April 16, 2025, as Real County Day at the State Capitol.
(Gámez now present)
HR 300 - PREVIOUSLY ADOPTED
(by J. González, Hunter, and Villalobos)
The chair laid out the following previously adopted resolution:
HR 300, Paying tribute to the life and legacy of Selena Quintanilla Pérez on April 16, 2025, the 54th anniversary of her birth.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 503 - RULES SUSPENDED
ADDITIONAL SPONSORS AUTHORIZED
Representative Guillen moved to suspend Rule 8, Section 5(d), of the House Rules to designate as joint sponsors and co-sponsors for SB 503 all joint authors and co-authors for HB 147.
The motion prevailed.
(Hinojosa and Wu now present)
SB 503 ON THIRD READING
(Guillen, Fairly, E. Morales, Buckley, Ashby, et al. - House Sponsors)
SB 503, A bill to be entitled An Act relating to the establishment of an electronic registry of livestock marks and brands.
SB 503 was passed by (Record 211): 117 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Canales; Capriglione; Cook; Cortez; Craddick; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Hefner; Hickland; Hinojosa; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; Kitzman; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Raymond; Richardson; Rodríguez Ramos; Romero; Rose; Schoolcraft; Shaheen; Simmons; Slawson; Smithee; Spiller; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Villalobos; Virdell; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Lowe; Olcott; Oliverson; Pierson; Schatzline; Schofield; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent — Anchía; Campos; Cole; Collier; Cunningham; González, J.; Hernandez; Holt; King; LaHood; Little; Longoria; Luther; Money; Plesa; Reynolds; Rosenthal; Shofner; Vo.
STATEMENTS OF VOTE
When Record No. 211 was taken, I was temporarily out of the house chamber. I would have voted yes.
Anchía
When Record No. 211 was taken, my vote failed to register. I would have voted yes.
Cunningham
When Record No. 211 was taken, my vote failed to register. I would have voted yes.
J. González
When Record No. 211 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 211 was taken, my vote failed to register. I would have voted yes.
Holt
When Record No. 211 was taken, I was in the house but away from my desk. I would have voted yes.
LaHood
When Record No. 211 was taken, I was in the house but away from my desk. I would have voted yes.
Shofner
(Anchía, Hernandez, and Reynolds now present)
EMERGENCY CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 2 ON SECOND READING
(Buckley, et al. - House Sponsors)
CSSB 2, A bill to be entitled An Act relating to the establishment of an education savings account program.
Representative Buckley moved to postpone consideration of CSSB 2 until after second reading consideration of CSHB 2000.
The motion prevailed by (Record 212): 124 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Button; Campos; Canales; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; Kitzman; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Lopez, J.; Lopez, R.; Louderback; Lujan; Manuel; Martinez; Martinez Fischer; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Bumgarner; Cain; Harrison; Hopper; Little; Lowe; Lozano; Luther; Morgan; Olcott; Pierson; Richardson; Schatzline; Schofield; Swanson; Tinderholt; Toth; Virdell.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Collier; González, M.; King; LaHood; Longoria; McLaughlin.
STATEMENTS OF VOTE
When Record No. 212 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 212 was taken, I was in the house but away from my desk. I would have voted yes.
McLaughlin
EMERGENCY CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 120 ON THIRD READING
(by K. Bell, Buckley, Ashby, Gates, Button, et al.)
HB 120, A bill to be entitled An Act relating to career and technology education programs in public schools, the Financial Aid for Swift Transfer (FAST) program, 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.
HB 120 was passed by (Record 213): 144 Yeas, 1 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; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; 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; 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.
Nays — Harrison.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Collier; King; Longoria.
HB 20 ON THIRD READING
(by Gates, Buckley, K. Bell, Longoria, Martinez Fischer, et al.)
HB 20, A bill to be entitled An Act relating to establishing the Applied Sciences Pathway program.
HB 20 was passed by (Record 214): 144 Yeas, 1 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; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; 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; 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.
Nays — Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Collier; King; Longoria.
HB 150 ON THIRD READING
(by Capriglione, Bonnen, Hefner, Lujan, R. Lopez, et al.)
HB 150, A bill to be entitled An Act relating to the establishment of the Texas Cyber Command as a component institution of The University of Texas System and the transfer to it of certain powers and duties of the Department of Information Resources.
HB 150 was passed by (Record 215): 130 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; Romero; Rose; Rosenthal; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Villalobos; Vo; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Cain; Canales; Davis, Y.; Harrison; Hopper; Little; Lowe; Luther; Money; Olcott; Pierson; Schatzline; Walle.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Collier; King; Longoria; Vasut; Virdell.
STATEMENTS OF VOTE
When Record No. 215 was taken, my vote failed to register. I would have voted yes.
Vasut
When Record No. 215 was taken, I was in the house but away from my desk. I would have voted no.
Virdell
MAJOR STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 6 ON THIRD READING
(by Leach, Harris, Buckley, Metcalf, Hull, et al.)
HB 6, A bill to be entitled An Act relating to discipline in public schools.
Amendment No. 1
Representative Leach offered the following amendment to HB 6:
Amend CSHB 6 on third reading as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber the remaining SECTIONS of the bill accordingly:
SECTION ____. Section 37.002, Education Code, is amended by adding Subsection (b-2) to read as follows:
(b-2) After removal of a student from the classroom under Section 37.002, on the student's return to the classroom the teacher shall:
(1) employ appropriate classroom management techniques that can reasonably be expected to improve the student's behavior; and
(2) document the student's behavior the teacher determines either:
(A) repeatedly interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or
(B) is so unruly, disruptive, or abusive it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.
(2) In SECTION 1 of the bill, in amended Section 12.111(a)(5), Education Code, strike "discipline history,".
(3) In SECTION 1 of the bill, in amended Section 12.111(a)(5)(A), Education Code, strike "is currently".
(4) In SECTION 1 of the bill, strike amended Sections 12.111(a)(5)(A)(i) and (ii) and substitute the following:
(i) has engaged in conduct outlined in Section 37.006 related to placement in a disciplinary alternative education program or a juvenile justice alternative education program;
(ii) has engaged in conduct outlined in Section 37.007 related to expulsion; or
(iii) has been convicted of a criminal offense or has a juvenile court adjudication [has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37]; and
(5) In the SECTION of the bill amending Section 37.005, Education Code, strike added Subsection (c-1).
(6) In the SECTION of the bill adding Section 37.0083, Education Code, add the following:
(a-1) If the board of trustees of a school district, the board's designee, or a juvenile court places a student in a virtual disciplinary alternative education program under this section, the school district shall ensure that the student has suitable home computer equipment and Internet access and provide the computer equipment and Internet access if necessary.
(7) In the SECTION of the bill adding Section 37.1151, Education Code, insert the following appropriately lettered subsection and reletter the remaining subsections accordingly:
(____) Before the expiration of an order issued under Subsection (d) for a student enrolled in the school district's special education program under Subchapter A, Chapter 29, the school district shall seek consent from the student's parent or person standing in parental relation to conduct a functional behavioral assessment of the student by a licensed specialist in school psychology, a licensed behavior analyst, or a behavior specialist.
Amendment No. 1 was adopted by (Record 216): 142 Yeas, 2 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; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; 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; 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; Zwiener.
Nays — Harrison; Wu.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Collier; Kerwin; King; Longoria.
STATEMENTS OF VOTE
When Record No. 216 was taken, I was shown voting no. I intended to vote yes.
Harrison
When Record No. 216 was taken, I was temporarily out of the house chamber. I would have voted yes.
King
(King now present)
HB 6, as amended, was passed by (Record 217): 124 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Alders; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Cain; Campos; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Frank; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; 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; Richardson; Rodríguez Ramos; Romero; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Vo; Ward Johnson; Wharton; Wilson; Wu.
Nays — Allen; Bhojani; Bucy; Canales; Davis, Y.; Flores; Gámez; González, J.; Harrison; Hernandez; Johnson; Jones, J.; Jones, V.; Manuel; Reynolds; Rose; Rosenthal; Turner; Walle; Zwiener.
Present, not voting — Mr. Speaker(C); Davis, A.
Absent — Button; Cole; Collier; Longoria.
STATEMENTS OF VOTE
When Record No. 217 was taken, I was temporarily out of the house chamber. I would have voted no.
Collier
When Record No. 217 was taken, I was shown voting present, not voting. I intended to vote no.
A. Davis
When Record No. 217 was taken, I was shown voting no. I intended to vote yes.
Harrison
(Collier now present)
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 100 ON THIRD READING
(by Leo Wilson, Buckley, Dutton, A. Davis, Plesa, et al.)
HB 100, A bill to be entitled An Act relating to the purchase, adoption, and use of instructional materials by public schools.
HB 100 was passed by (Record 218): 104 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, Y.; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Geren; Gervin-Hawkins; Guerra; 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.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Phelan; Pierson; Plesa; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Vo; Ward Johnson; Wharton; Wilson.
Nays — Allen; Anchía; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Davis, A.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Meza; Moody; Morales, C.; Perez, M.; Perez, V.; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Thompson; Turner; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Bernal; Cole; Longoria.
STATEMENTS OF VOTE
When Record No. 218 was taken, I was shown voting no. I intended to vote yes.
Campos
When Record No. 218 was taken, I was shown voting no. I intended to vote yes.
J. Garcia
When Record No. 218 was taken, I was shown voting yes. I intended to vote no.
Gervin-Hawkins
When Record No. 218 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
HB 210 ON THIRD READING
(by Guillen, et al.)
HB 210, A bill to be entitled An Act relating to contracting with a school district or open-enrollment charter school by a vendor with whom a member of the board of trustees or governing body of the district or school or a related individual has certain business interests; creating a criminal offense.
HB 210 was passed by (Record 219): 146 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; 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.
Present, not voting — Mr. Speaker(C).
Absent — Canales; Cole; Longoria.
STATEMENT OF VOTE
When Record No. 219 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
HB 215 ON THIRD READING
(by Guillen, Toth, Rodríguez Ramos, C. Morales, et al.)
HB 215, A bill to be entitled An Act relating to the payment of support rights and benefits for a child placed with a relative or other designated caregiver.
HB 215 was passed by (Record 220): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; DeAyala; Dorazio; Dutton; Dyson; 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.; 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; 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.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Dean; Jones, V.; Longoria.
STATEMENT OF VOTE
When Record No. 220 was taken, I was in the house but away from my desk. I would have voted yes.
Dean
HB 1393 ON THIRD READING
(by Metcalf, Ashby, McQueeney, Bucy, Curry, et al.)
HB 1393, A bill to be entitled An Act relating to daylight saving time.
HB 1393 was passed by (Record 221): 133 Yeas, 11 Nays, 3 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hefner; Hernandez; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Olcott; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; 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.
Nays — Cain; Collier; Goodwin; Hayes; Jones, V.; Little; Meza; Noble; Oliverson; Romero; Rose.
Present, not voting — Mr. Speaker(C); Alders; Luther.
Absent — Canales; Cole; Longoria.
STATEMENT OF VOTE
When Record No. 221 was taken, I was in the house but away from my desk. I would have voted yes.
Canales
REASON FOR VOTE
Representatives Cain, Hayes, and Little submitted the following reason for vote to be printed in the journal:
We voted nay because the bill is in conflict with the Republican Party of Texas. Plank 206 of the platform of the Republican Party of Texas states that "Texas should no longer participate in Daylight Savings Time."
HB 1151 ON THIRD READING
(by Hull, et al.)
HB 1151, A bill to be entitled An Act relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.
HB 1151 was passed by (Record 222): 145 Yeas, 1 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; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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.; 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; 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.
Nays — Canales.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Jones, V.; Longoria.
HB 1268 ON THIRD READING
(by Button, Hull, Lujan, M. González, Fairly, et al.)
HB 1268, A bill to be entitled An Act relating to the creation of the Texas technology and innovation program.
HB 1268 was passed by (Record 223): 116 Yeas, 29 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; Dutton; Dyson; 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; Hernandez; Hinojosa; Howard; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Lopez, J.; Lopez, R.; Louderback; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Noble; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schatzline; Schoolcraft; Shaheen; Simmons; Slawson; Smithee; Talarico; Tepper; Thompson; Turner; VanDeaver; Villalobos; Virdell; Vo; Walle; Ward Johnson; Wharton; Wu; Zwiener.
Nays — Cain; DeAyala; Dorazio; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Kerwin; Leo Wilson; Little; Lowe; Lozano; Money; Morgan; Olcott; Oliverson; Pierson; Richardson; Schofield; Shofner; Spiller; Swanson; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Luther.
Absent — Cole; Hull; Longoria.
STATEMENT OF VOTE
When Record No. 223 was taken, I was in the house but away from my desk. I would have voted yes.
Hull
HB 142 ON THIRD READING
(by Noble)
HB 142, A bill to be entitled An Act relating to the administration, authority, and duties of the Health and Human Services Commission's office of inspector general.
HB 142 was passed by (Record 224): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; 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.; 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.
Present, not voting — Mr. Speaker(C).
Absent — Alders; Cole; Longoria; Luther; Phelan.
(Longoria now present)
HB 451 ON THIRD READING
(by Thompson, Lalani, et al.)
HB 451, A bill to be entitled An Act relating to a screening for the risk of commercial sexual exploitation of certain children.
HB 451 was passed by (Record 225): 147 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lopez, R.; Louderback; 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.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Longoria.
HOUSE AT EASE
At 11:04 a.m., the chair announced that the house would stand at ease.
The chair called the house to order at 11:31 a.m.
COMMITTEES GRANTED PERMISSION TO MEET
Representative Smithee requested permission for the Committee on Criminal Jurisprudence to meet while the house is in session, at 3 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
Representative King requested permission for the Committee on State Affairs to meet while the house is in session, at 1 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Criminal Jurisprudence, 3 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
State Affairs, 1 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 2 ON SECOND READING
(by Buckley, Bernal, Guillen, et al.)
CSHB 2, A bill to be entitled An Act relating to public education and public school finance.
Amendment No. 1
Representatives Buckley, Bernal, Leach, Lujan, Patterson, V. Perez, and Shaheen offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee printing) as follows:
(1) On page 1, line 23, strike "Subsection (e-1)" and substitute "Subsections (d-1), (d-2), (d-3), and (e-1)".
(2) On page 3, between lines 20 and 21, insert the following:
(d-1) Notwithstanding Subsection (d), the total amount that may be used to provide allotments under Subsection (d) may not exceed:
(1) for the 2025-2026 school year, $100 million; and
(2) for the 2026-2027 school year, $160 million.
(d-2) If the total amount of allotments to which charter holders are entitled for open-enrollment charter schools under Subsection (d) for a school year exceeds the amount permitted under Subsection (d-1), the commissioner shall proportionately reduce the amount of each charter holder's allotment until the total amount for the allotments is equal to the amount permitted under that subsection.
(d-3) Subsections (d-1) and (d-2) and this subsection expire September 1, 2027.
(3) Strike page 3, line 21, through page 4, line 15, and substitute the following:
(e) Subject to Subsection (e-1), a [A] charter holder is not entitled to receive funding under Subsection (d) for an open-enrollment charter school [only] if the school has been assigned:
(1) an unacceptable [most recent overall] performance rating [assigned to the open-enrollment charter school] under Subchapter C, Chapter 39, for the two preceding school years;
(2) a financial accountability performance rating under Subchapter D, Chapter 39, indicating a financial performance lower than satisfactory for the two preceding school years; or
(3) any combination of the ratings described by Subdivisions (1) and (2) for the two preceding school years [reflects at least acceptable performance].
(e-1) Subsection (e) [This subsection] does not apply to a charter holder:
(1) during the first two years of the applicable open-enrollment charter school's operation; or
(2) that operates a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital.
(4) Strike page 5, line 16, through page 6, line 1, and substitute the following:
(a-1) An eligible entity granted a charter under this subchapter is not entitled to receive an allotment under Section 12.106(d) for the adult education program if the program has been assigned under the applicable accountability framework adopted under Section 12.262:
(1) an overall performance rating that reflects unacceptable performance for the two preceding school years;
(2) a financial accountability performance rating that indicates a financial performance lower than satisfactory for the two preceding school years; or
(3) any combination of the ratings described by Subdivisions (1) and (2) for the two preceding school years.
(5) On page 16, line 5, strike ", (b), (e), and (f)" and substitute "and (e)".
(6) Strike page 17, line 10 through page 18, line 6, and substitute the following:
(e) For each school year, the commissioner shall adjust the average daily attendance of school districts that are entitled to funding on the basis of an adjusted average daily attendance under Subsection (b)(2) so that:
(1) all districts are funded on the basis of the same percentage of the preceding year's actual average daily attendance; and
(2) the total cost to the state does not exceed $300 million, or a greater amount provided by appropriation [the amount specifically appropriated for that year for purposes of Subsection (b)(2)].
(7) On page 20, lines 13 and 14, strike "Subsection (c-3)" and substitute "Subsections (c-3), (c-4), (c-5), and (c-6)".
(8) On page 21, lines 18 through 20, strike "[full-time librarians, full-time school counselors certified under Subchapter B, Chapter 21, and full-time school nurses,]" and substitute "full-time librarians, full-time school counselors certified under Subchapter B, Chapter 21, and full-time school nurses,".
(9) On page 23, between lines 3 and 4, insert the following:
(c-4) Notwithstanding Subsection (c-3), a school district is not required to provide a salary increase to an employee under Subsection (c) in an amount that exceeds $15,000 per year. A district may spend excess money available as a result of this subsection for any purpose for which money provided under this section may be spent.
(c-5) A school district that increases employee compensation in the 2025-2026 school year to comply with Subsection (c), as amended by HB2, Acts of the 89th Legislature, Regular Session, 2025, is providing compensation for services rendered independently of an existing employment contract applicable to that year and is not in violation of Section 53, Article III, Texas Constitution. A school district that does not meet the requirements of Subsection (c) in the 2025-2026 school year may satisfy the requirements of this section by providing an employee a one-time bonus payment during the 2026-2027 school year in an amount equal to the difference between the compensation earned by the employee during the 2025-2026 school year and the compensation the employee should have received during that school year if the district had complied with Subsection (c).
(c-6) In calculating the difference between a school district's funding under this chapter per student in average daily attendance for the current school year and the preceding school year for purposes of Subsection (c), the agency may not include the amounts to which the district is entitled under Section 48.115 or 48.284.
(10) On page 25, line 4, strike "Section 48.105(a), Education Code, is" and substitute "Sections 48.105(a) and (b), Education Code, are".
(11) On page 25, between lines 18 and 19, insert the following:
(b) At least 55 percent of the funds allocated under this section must be used in providing bilingual education or special language programs under Subchapter B, Chapter 29. A district's bilingual education or special language allocation may be used only for program and student evaluation, instructional materials and equipment, staff development, supplemental staff expenses, salaries [salary supplements] for teachers, incremental costs associated with providing smaller class sizes, and other supplies required for quality instruction.
(12) Strike page 29, line 23, through page 31, line 13.
(13) On page 36, line 15, strike "For" and substitute "Beginning with".
(14) On page 36, lines 17 and 18, strike "under Chapter 46, this chapter, and Chapter 49" and substitute "per student in weighted average daily attendance under this chapter and Chapter 49".
(15) On page 36, lines 20 through 22, strike "that would have been available to the district for the 2025-2026 school year under Chapter 46, this chapter, and Chapter 49" and substitute "per student in weighted average daily attendance that would have been available to the district for the 2025-2026 school year under this chapter and Chapter 49".
(16) Strike page 36, lines 24 through 27, and substitute the following:
(2) $200.
(17) Strike page 37, line 1, through page 38, line 12, and substitute the following:
(b) The amount of additional state aid to which a district is entitled under this section shall be calculated only after all other funding to which the district is entitled under this chapter and Chapter 49 has been calculated.
(c) For purposes of calculating the amount of additional state aid to which a district is entitled under this section, the agency shall:
(1) for the 2025-2026 school year, use the same values for formula funding adjustments under this chapter and Chapter 49, as those chapters existed on September 1, 2024, that the agency used during that school year; and
(2) for a school year after the 2025-2026 school year, exclude any formula funding adjustments under this chapter and Chapter 49, as those chapters existed on September 1, 2024, that are expired or do not apply to the district for a school year following the 2025-2026 school year as provided by this chapter and Chapter 49, as those chapters existed on September 1, 2024.
(d) The agency shall notify the Legislative Budget Board as soon as practicable after the agency determines that no school districts qualify for additional state aid under this section.
(18) Strike page 39, lines 12 through 15, and substitute the following:
attendance of a school district that qualifies for, or an open-enrollment charter school that if the school were a school district would qualify for, an allotment under Section 48.101 is the district's or school's average daily attendance multiplied by the sum of one and:
(1) for a school district, the district's annual allotment per student in average daily attendance under that section divided by the basic allotment; or
(2) for an open-enrollment charter school, the school's allotment determined per student in average daily attendance under Section 12.106(a-2) divided by the basic allotment.
(19) On page 39, strike lines 16 and 17 and substitute the following appropriately numbered section:
SECTION 1.____. Sections 12.1058(e) and 12.106(a-4), Education Code, are repealed.
(20) On page 40, line 3, strike "2026" and substitute "2027".
(21) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill:
SECTION 1.____. Section 48.115(a), Education Code, is amended to read as follows:
(a) Except as provided by Subsection (a-1), a school district is entitled to an annual allotment equal to the sum of the following amounts or a greater amount provided by appropriation:
(1) $10 for each student in average daily attendance, plus $1 for each student in average daily attendance per every $50 by which the district's maximum basic allotment under Section 48.051 exceeds $6,555 [$6,160], prorated as necessary; and
(2) $15,000 per campus.
(22) On page 80, line 26, strike "AND STAFF" and substitute ", STAFF, AND OTHER PERSONNEL".
(23) On page 81, lines 1 and 2, strike "and open-enrollment charter schools" and substitute ", open-enrollment charter schools, the Texas Juvenile Justice Department, juvenile boards, and juvenile probation departments".
(24) On page 81, line 6, strike "or".
(25) On page 81, line 8, between "12.1014," and "is eligible", insert "the Texas Juvenile Justice Department, a juvenile board, or a juvenile probation department".
(26) On page 81, line 9, strike "or school" and substitute ", school, department, or board".
(27) On page 81, line 16, strike "and administrators", and substitute ", administrators, and other relevant personnel".
(28) On page 81, line 27 and page 82, line 1, strike "to a school district or open-enrollment charter school".
(29) On page 82, line 2, strike "district or charter school" and substitute "grant recipient".
(30) Renumber SECTIONS of ARTICLE 1 accordingly.
(31) On page 41, lines 14 and 15, strike "classroom teacher" and substitute "teacher of record".
(32) On page 41, lines 17 and 23, strike "issued" and substitute "required".
(33) On page 53, line 2, between "on" and "maximizing", insert "providing a free appropriate public education and".
(34) On page 127, line 22, strike "Sections 29.018(c), (d), and (e)" and substitute "Section 29.018(c)".
(35) On page 128, line 13, strike "Section 29.008" and substitute "Sections 21.3521 and 29.008".
(36) On page 128, line 16, strike "Subsection (b)" and substitute "Subsections (b) and (c)".
(37) On page 128, immediately following line 24, add the following:
(c) The changes made by this Act to Sections 48.104, 48.105, and 48.112, Education Code, take effect September 1, 2026.
Amendment No. 2
Representatives Bernal, Bhojani, Buckley, Kerwin, Leach, and R. Lopez offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Buckley to CSHB 2 by adding the following appropriately numbered item to the amendment:
(____) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill:
SECTION 1.____. Subchapter C, Chapter 48, Education Code, is amended by adding Section 48.1042 to read as follows:
Sec. 48.1042. DISTRIBUTION OF CERTAIN COMPENSATORY EDUCATION ALLOTMENT AND EARLY EDUCATION ALLOTMENT MONEY. (a) This section applies only to money to which a school district is entitled under:
(1) Section 48.104; or
(2) Section 48.108 for students in prekindergarten.
(b) Notwithstanding any other provision of this chapter, instead of providing money to which this section applies to school districts in accordance with Sections 48.104 and 48.108, the commissioner shall distribute that money as follows:
(1) provide to each school district that operates a full-day program under Section 29.153(c), funding under this chapter based on one-half of the average daily attendance calculated under Section 48.005 for each student in that program; and
(2) if any amount remains after distributing money under Subdivision (1), provide to each school district an amount that is proportional to the district's entitlement under Section 48.104.
Amendment No. 3
Representative Schoolcraft offered the following substitute amendment for Amendment No. 2:
Substitute the following for the Bernal Amendment to the amendment:
Amend Amendment No. 1 by Buckley to CSHB 2 by adding the following text to the amendment:
(1) On page 9, line 26, strike "Section 28.0211(a-1), Education Code, is" and substitute "Sections 28.0211(a-1) and (a-4), Education Code, are".
(2) On page 10, between lines 16 and 17, insert the following:
(a-4) If a district receives funding under Section 29.0881 [or 48.104], the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then supplemental instruction provided by a school district under Subsection (a-1)(2) must:
(1) include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;
(2) be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;
(3) be provided during the subsequent summer or school year:
(A) to each student for no less than:
(i) 15 hours; or
(ii) 30 hours for a student whose performance on the applicable assessment instrument was significantly below satisfactory, as defined by commissioner rule; and
(B) unless the instruction is provided to a student fully during summer, no less than once per week during the school year, except as otherwise provided by commissioner rule to account for school holidays or shortened school weeks;
(4) be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area;
(5) include effective instructional materials designed for supplemental instruction;
(6) be provided to a student individually or in a group of no more than four students, unless the parent or guardian of each student in the group authorizes a larger group;
(7) be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district; and
(8) to the extent possible, be provided by one person for the entirety of the student's supplemental instruction period.
(3) On page 20, strike "$6,500" and substitute "$7,604" in each of the following places it appears:
(A) line 23; and
(B) line 25.
(4) Strike page 24, line 10 through page 25, line 3.
(5) On page 25, line 19, strike "Section 48.108(a), Education Code, is" and substitute "Sections 48.108(a) and (d), Education Code, are".
(6) On page 26, between lines 1 and 2, insert the following:
(d) A school district may receive funding for a student under this section and under Section [Sections 48.104 and] 48.105[, as applicable,] if the student satisfies the requirements of each applicable section.
(7) On page 26, lines 24 through 26, strike "of the point value assigned to each student at a district campus under Subsection (e)" and substitute "daily attendance [of the point value assigned to each student] at a district campus [under Subsection (e)]".
(8) On page 39, line 16, between "12.106(a-4)," and "and", insert "12.263(d), 29.044(b), 29.089(b), 29.918, 48.104, 48.1041, 48.109(e), 48.112(e), (f), and (j),".
(9) On page 48, strike lines 22 through 25 and substitute the following:
(b) The high needs and rural factor is 4.0.
(10) On page 49, strike lines 1 through 6 and substitute "this section.".
(11) On page 50, line 21, strike "48.104," and substitute "[48.104,]".
(12) Add the following appropriately numbered SECTIONS to Article 1 of the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION 1.____. Section 29.081(b-2), Education Code, is amended to read as follows:
(b-2) A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds[, including funds under Section 48.104,] for that purpose.
SECTION 1.____. Section 29.082(a), Education Code, is amended to read as follows:
(a) A school district [may set aside an amount from the district's allotment under Section 48.104 or] may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:
(1) kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or
(2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.
(Landgraf in the chair)
Amendment No. 3 failed of adoption by (Record 226): 25 Yeas, 121 Nays, 2 Present, not voting.
Yeas — Cain; Cook; Dorazio; Harrison; Hayes; Holt; Hopper; LaHood; Little; Louderback; Lowe; Lozano; Luther; McLaughlin; Money; Morales Shaw; Morgan; Olcott; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Tinderholt; Toth.
Nays — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dutton; Dyson; 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; Hefner; Hernandez; Hickland; Hinojosa; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; Lalani; Lambert; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent — Cole; Virdell.
STATEMENT OF VOTE
When Record No. 226 was taken, I was in the house but away from my desk. I would have voted yes.
Virdell
REASON FOR VOTE
Representatives Vasut, Alders, Shofner, Swanson, Leo Wilson, Troxclair, Oliverson, Paul, Isaac, Harris Davila, Harris, Slawson, and Spiller submitted the following reason for vote to be printed in the journal:
We agree with Representative Schoolcraft that the current school finance system is too complex. However, without runs showing how his amendment would impact our school districts (positively or negatively), we cannot support it at this time. We look forward to working with him on this issue over the interim.
Amendment No. 2 was adopted by (Record 227): 128 Yeas, 18 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Louderback; Lujan; Manuel; Martinez; Martinez Fischer; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schofield; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Cain; Harrison; Holt; Hopper; Little; Lowe; Lozano; Luther; McLaughlin; Money; Olcott; Richardson; Schatzline; Schoolcraft; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent — Cole; Virdell.
STATEMENTS OF VOTE
When Record No. 227 was taken, I was shown voting yes. I intended to vote no.
Pierson
When Record No. 227 was taken, I was in the house but away from my desk. I would have voted no.
Virdell
Amendment No. 4
Representative Buckley offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Buckley to CSHB 2 as follows:
(1) In Item (1) of the amendment, on page 1, line 3, strike "and (e-1)" and substitute "(e-1), and (e-2)".
(2) In Item (3) of the amendment, on page 1, line 19, strike "line 15" and substitute "line 9".
(3) In Item (3) of the amendment, on page 2, between lines 14 and 15, insert the following:
(e-2) A charter holder is entitled to received funding under
Amendment No. 4 was adopted by (Record 228): 145 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; 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.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent — Cole; Morales Shaw; Phelan.
STATEMENT OF VOTE
When Record No. 228 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
Amendment No. 1, as amended, was adopted by (Record 229): 144 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Pierson; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent — Cole; Phelan; Thompson; Virdell.
STATEMENTS OF VOTE
When Record No. 229 was taken, I was in the house but away from my desk. I would have voted yes.
Thompson
When Record No. 229 was taken, I was in the house but away from my desk. I would have voted yes.
Virdell
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on State Affairs:
Darby on motion of Patterson.
Geren on motion of Patterson.
Hull on motion of Patterson.
King on motion of Patterson.
McQueeney on motion of Patterson.
Smithee on motion of Patterson.
Thompson on motion of Patterson.
(Speaker in the chair)
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on State Affairs:
Metcalf on motion of Patterson.
CSHB 2 - (consideration continued)
Amendment No. 5
Representative Olcott offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee printing) on page 21, line 10, by striking "40" and substituting "60".
Representative Buckley moved to table Amendment No. 5.
The motion to table prevailed by (Record 230): 113 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Harless; Harris; Harris Davila; Hayes; Hefner; Hernandez; Hickland; Hinojosa; Howard; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Noble; Oliverson; Ordaz; Orr; Patterson; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Romero; Rose; Rosenthal; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Spiller; Swanson; Talarico; Tepper; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Zwiener.
Nays — Alders; Cain; Guerra; Harrison; Hopper; Little; Louderback; Lowe; Luther; Money; Morgan; Muñoz; Olcott; Pierson; Richardson; Rodríguez Ramos; Schatzline; Schofield; Tinderholt; Toth; Virdell.
Present, not voting — Mr. Speaker(C).
Absent, Excused, Committee Meeting — Darby; Geren; Hull; King; McQueeney; Metcalf; Smithee; Thompson.
Absent — Allen; Cole; Holt; Lozano; Paul; Phelan; Wu.
STATEMENTS OF VOTE
When Record No. 230 was taken, my vote failed to register. I would have voted yes.
Allen
When Record No. 230 was taken, I was in the house but away from my desk. I would have voted no.
Holt
When Record No. 230 was taken, I was in the house but away from my desk. I would have voted no.
Lozano
When Record No. 230 was taken, I was in the house but away from my desk. I would have voted yes.
Paul
Amendment No. 6
Representative Cain offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 22, strike lines 12 through 21, and substitute the following:
(1) the board of trustees of the school district at which the employee is employed:
(A) [(1)] complies with Sections 21.4021, 21.4022, and 21.4032 in reducing the employee's salary; and
(B) [(2)] has adopted a resolution declaring a financial exigency for the district under Section 44.011;
(2) the school district evaluates the employee's performance and the employee's performance rating is lower than the employee's performance rating during the school year in which the requirement under Subsection (c) applied; or
(3) the school district deducts or withholds, or contracts to deduct or withhold, from an employee's salary or wages payment of membership fees or dues to a labor organization or other similar entity, including a trade union, labor union, employees' association, or professional organization.
Amendment No. 6 - Point of Order
Representative Moody raised a point of order against further consideration of Amendment No. 6 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on State Affairs:
Phelan on motion of Landgraf.
HOUSE AT EASE
At 1:21 p.m., the chair announced that the house would stand at ease.
The chair called the house to order at 2 p.m.
(Hull, King, McQueeney, Metcalf, Phelan, and Thompson now present)
CSHB 2 - (consideration continued)
Amendment No. 6 - Point of Order Disposition
The point of order was withdrawn.
Amendment No. 6 was withdrawn.
Amendment No. 7
On behalf of Representative King, Representative Ashby offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) as follows:
(1) On page 29, line 5, between "amended" and "to", insert "by amending Subsection (a-1) and adding Subsection (e-2)".
(2) On page 29, between lines 22 and 23, insert the following:
(e-2) For purposes of this section, the total amount of maintenance and operations taxes collected by a school district not required to reduce its local revenue level under Section 48.257 includes the amount of tax revenue received from a county-wide equalization tax.
Amendment No. 7 was adopted by (Record 231): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; 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; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; 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; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Vo; Walle; Ward Johnson; Wharton; Wilson; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused, Committee Meeting — Darby; Geren; Smithee.
Absent — Bryant; Cole; Gervin-Hawkins; Morales, C.; Rose; Wu.
STATEMENTS OF VOTE
When Record No. 231 was taken, I was in the house but away from my desk. I would have voted yes.
Gervin-Hawkins
When Record No. 231 was taken, I was shown voting yes. I intended to vote no.
Goodwin
(Darby, Geren, and Smithee now present)
Amendment No. 8
Representative Thompson offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) by adding the following appropriately numbered SECTION to Article 1 of the bill and renumbering subsequent SECTIONS of that article accordingly:
SECTION 1.____. Section 38.312, Education Code, is amended to read as follows:
Sec. 38.312. EXPIRATION. The task force is abolished and this subchapter expires December 1, 2031 [2025].
Amendment No. 8 was adopted by (Record 232): 132 Yeas, 14 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hefner; Hernandez; Hickland; Hinojosa; Holt; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; Romero; Rose; Rosenthal; Schofield; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Cain; Hayes; Hopper; Little; Lowe; Luther; Money; Morgan; Olcott; Schatzline; Schoolcraft; Swanson; Tinderholt; Toth.
Present, not voting — Mr. Speaker(C).
Absent — Bryant; Cole; Harrison.
Amendment No. 9
Representatives Guillen, Darby, Harless, Landgraf, J. Lopez, McLaughlin, Meyer, E. Morales, and Virdell offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) by adding the following appropriately numbered SECTION to Article 1 of the bill and renumbering subsequent SECTIONS of Article 1 accordingly:
SECTION 1.____. Section 39.082(c), Education Code, is amended to read as follows:
(c) The system may not include an indicator under Subsection (b) or any other performance measure that:
(1) requires a school district to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes; [or]
(2) lowers the financial management performance rating of a school district for failure to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes; or
(3) for a school district required to reduce its local revenue level under Section 48.257, includes in determining the district's ratio of assets to liabilities any amount required to be expended by the district to comply with Chapter 49.
Amendment No. 9 was adopted by (Record 233): 146 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; 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.
Nays — Lowe.
Present, not voting — Mr. Speaker(C).
Absent — Bryant; Cole.
Amendment No. 10
Representatives Schofield, DeAyala, Hull, Morales Shaw, Oliverson, Rosenthal, and Harless offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) as follows:
Add a new section, appropriately numbered to read as follows:
SECTION ____. Section 403.302(d), Government Code, as effective until January 1, 2027, is amended to read as follows:
(d) For the purposes of this section, "taxable value" means the market value of all taxable property less:
(1) the total dollar amount of any residence homestead exemptions lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the subject of the study for each school district;
(2) [one-half of] sixty percent the total dollar amount of any residence homestead exemptions granted under Section 11.13(n), Tax Code, in the year that is the subject of the study for each school district;
(3) the total dollar amount of any exemptions granted before May 31, 1993, within a reinvestment zone under agreements authorized by Chapter 312, Tax Code;
Amendment No. 10 - Point of Order
Representative Martinez Fischer raised a point of order against further consideration of Amendment No. 10 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.
Amendment No. 10 was withdrawn.
Amendment No. 11
Representative M. González offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 60 by striking lines 9 through 23 and substituting the following:
Sec. 29.0056. INFORMATION ON COMMUNITY-BASED SUPPORTS AND RESIDENTIAL OPTIONS. (a) In this section, "state supported living center" has the meaning assigned by Section 531.002, Health and Safety Code.
(b) The Health and Human Services Commission, in collaboration with the agency and stakeholders, shall develop and provide to the agency materials regarding residential options and supports for children who may qualify for home and community-based supports or a residential placement. The agency shall make the materials developed under this subsection available to school districts.
(c) The materials must include information regarding:
(1) the local intellectual and developmental disability authority; and
(2) community-based supports and residential options, including:
(A) the following waiver programs established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)):
(i) the youth empowerment services program;
(ii) the home and community-based services program;
(iii) the Texas home living program;
(iv) the community living assistance and support services program; and
(v) the deaf-blind with multiple disabilities program;
(B) the Medicaid program serving individuals with an intellectual or developmental disability who receive care in intermediate care facilities other than a state supported living center; and
(C) state supported living centers.
(d) A school district shall include the materials developed under Subsection (b) in the notice of procedural safeguards under 20 U.S.C. Section 1415(b).
Amendment No. 11 was adopted by (Record 234): 124 Yeas, 16 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Hefner; Hernandez; Hickland; Hinojosa; Holt; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Noble; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Richardson; Rodríguez Ramos; Romero; Rose; Rosenthal; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Talarico; Tepper; Thompson; Troxclair; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Alders; Cain; Harrison; Hayes; Hopper; Little; Lowe; Luther; Money; Olcott; Schatzline; Swanson; Tinderholt; Toth; Vasut; Virdell.
Present, not voting — Mr. Speaker(C).
Absent — Bernal; Cole; Davis, Y.; Jones, V.; Kerwin; Louderback; Lozano; Morgan; Reynolds.
STATEMENTS OF VOTE
When Record No. 234 was taken, I was in the house but away from my desk. I would have voted yes.
Louderback
When Record No. 234 was taken, I was in the house but away from my desk. I would have voted no.
Lozano
When Record No. 234 was taken, I was shown voting yes. I intended to vote no.
Pierson
(Leach in the chair)
Amendment No. 12
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee printing) as follows:
(1) On page 20, strike lines 12 through 14, and substitute the following:
SECTION 1.17. Section 48.051, Education Code, is amended by amending Subsections (a), (c), and (c-1) and adding Subsections (a-1) and (c-3) to read as follows:
(2) On page 20, line 15, strike "For" and substitute "Subject to adjustment under Subsection (a-1), for [For]".
(3) On page 21, between lines 6 and 7, insert the following:
(a-1) Beginning with the 2026-2027 school year, the basic allotment provided to a district under Subsection (a) or (b) is adjusted annually to increase the allotment by the amount that results from applying the average annual inflation rate for the preceding five years, if that rate is greater than zero, as determined by the comptroller on the basis of changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, to the allotment for the preceding school year.
Representative Buckley moved to table Amendment No. 12.
The motion to table prevailed by (Record 235): 88 Yeas, 58 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Frank; Gates; Gerdes; Geren; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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 — Anchía; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Leach(C).
Absent — Cole; Darby.
STATEMENTS OF VOTE
When Record No. 235 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 235 was taken, I was in the house but away from my desk. I would have voted yes.
Darby
Amendment No. 13
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 20 as follows:
(1) On line 23, strike "$6,500" and substitute "$8,950".
(2) On line 25, strike "$6,500" and substitute "$8,950".
Amendment No. 13 was withdrawn.
Amendment No. 14
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 20 as follows:
(1) On line 23, strike "$6,500" and substitute "$7,540".
(2) On line 25, strike "$6,500" and substitute "$7,540".
(Speaker in the chair)
Representative Buckley moved to table Amendment No. 14.
The motion to table prevailed by (Record 236): 87 Yeas, 59 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Simmons.
Absent — Cole; Dutton.
Amendment No. 15
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 21, line 27, through page 22, line 1, by striking "may be used as determined by the district" and substituting "must [may] be used [as determined by the district]".
Representative Buckley moved to table Amendment No. 15.
The motion to table prevailed by (Record 237): 79 Yeas, 63 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bonnen; Buckley; Bumgarner; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gates; Gerdes; Geren; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lozano; Lujan; Luther; McQueeney; Metcalf; Meyer; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Lowe; Manuel; Martinez; Martinez Fischer; McLaughlin; Meza; Money; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Tinderholt; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Anchía.
Absent — Bell, K.; Bernal; Button; Cole; Dutton; King.
STATEMENT OF VOTE
When Record No. 237 was taken, I was shown voting no. I intended to vote yes.
Lowe
Amendment No. 16
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) on page 41 as follows:
(1) On line 14, between "district" and "may", insert "or open-enrollment charter school".
(2) On line 19, between "district" and "may", insert "or open-enrollment charter school".
Representative Buckley moved to table Amendment No. 16.
The motion to table prevailed by (Record 238): 89 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Alders; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Gerdes; Geren; Gervin-Hawkins; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Bhojani; Bowers; Bryant; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Manuel.
Absent — Bernal; Bucy; Campos; Cole; Garcia, J.; Gates; Lopez, J.
STATEMENTS OF VOTE
When Record No. 238 was taken, my vote failed to register. I would have voted yes.
Campos
When Record No. 238 was taken, I was in the house but away from my desk. I would have voted yes.
J. Garcia
When Record No. 238 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 238 was taken, my vote failed to register. I would have voted yes.
J. Lopez
When Record No. 238 was taken, I was shown voting present, not voting. I intended to vote yes.
Manuel
Amendment No. 17
Representative Bryant offered the following amendment to CSHB 2:
Amend CSHB 2 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION 1.____. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.10561 to read as follows:
Sec. 12.10561. USE OF STATE MONEY ON CERTAIN SETTLEMENT AND LAWSUIT EXPENDITURES PROHIBITED. The governing body of a charter holder or open-enrollment charter school may not use money provided under Section 12.106 to pay the amount of any settlement agreement reached by the parties or any fee or fine imposed by a court in an action or proceeding brought by or against the charter holder or school.
Representative Buckley moved to table Amendment No. 17.
The motion to table prevailed by (Record 239): 85 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Alders; Anchía; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; Frank; Garcia Hernandez; Gates; Gerdes; Gervin-Hawkins; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Lowe; Lujan; Luther; Manuel; McLaughlin; McQueeney; Metcalf; Meyer; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Ashby; Bhojani; Bowers; Bryant; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Flores; Gámez; Garcia, J.; Garcia, L.; Geren; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lambert; Lopez, R.; Lozano; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Bernal; Bucy; Cole; Dutton; Guillen; Longoria; Louderback; Money; Morales Shaw; Talarico.
STATEMENT OF VOTE
When Record No. 239 was taken, I was shown voting no. I intended to vote yes.
Lozano
CSHB 2, as amended, was passed to engrossment by (Record 240): 144 Yeas, 4 Nays, 0 Present, not voting.
Yeas — 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; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Harris Davila; 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; Longoria; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morgan; Muñoz; Noble; 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.
Nays — Harrison; Lowe; Money; Olcott.
Absent — Cole; Garcia, J.
REASON FOR VOTE
Representatives Money and Olcott submitted the following reason for vote to be printed in the journal:
The current rigid, top-down school finance structure favors administrators and special interests at the expense of students, teachers, and taxpayers. We supported amendments to address these shortcomings but were ultimately unable to support adding an additional $8 billion to the current system.
CSHB 2000 ON SECOND READING
(by Ashby, Holt, Bumgarner, J. González, et al.)
CSHB 2000, A bill to be entitled An Act relating to the applicability of sex offender registration requirements to the offense of child grooming.
CSHB 2000 was passed to engrossment by (Record 241): 148 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, 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.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSSB 2 ON SECOND READING
(Buckley, et al. - House Sponsors)
CSSB 2, A bill to be entitled An Act relating to the establishment of an education savings account program.
CSSB 2 was read second time earlier today and was postponed until this time.
CSSB 2 - REMARKS
REPRESENTATIVE BUCKLEY: Members, CSSB 2 creates an educational savings account program to be administered and overseen by the Texas Comptroller's Office. Utilizing state funds, ESAs will allow participating Texas families to pay for a range of educational expenses, outside of the traditional public school system, empowering parents to choose the educational path that best fits their child's needs. The bill provides for certain education expenses including tuition and fees at private schools, dual-credit courses, industry-based certification training, high-quality prekindergarten programs, textbooks, fees for classes and assessments, tutoring, transportation to and from school, educational therapies, and the cost of meals at school. This is a universal program, so any Texas student is eligible to apply. Applications will be prioritized for children with disabilities or special learning needs and who live in a household that qualifies based on criteria from the 2025 federal poverty guidelines. CSSB 2 specifies that a special education student can receive the full state entitlement for which they were eligible at a public school in the prior year. This will make certain that parents have the resources necessary to provide the very specialized education that so many Texas kids need.
Other qualifying students are eligible to use 85 percent of their state funding allotment at a new school. As of today, it would be a little over $10,000 per year. The calculation used to set this amount is an approximation of relevant state funding sources used to educate children in Texas, but this amount does not include INS or federal funds. A home-school student may receive $2,000 to be used on approved expenses. SB 2 is a true savings account. It gives families flexibility to use funds when and how they need them. Unused funds may roll over for future educational expenses, and rollover saving mechanisms lead to more thoughtful, cost-conscious spending decisions.
Members, in my experience serving as a state representative and on the Killeen ISD school board, I've come to believe two things: Public education is at the heart of so many communities in Texas—an institution charged with the development of our future—and that, despite our best efforts and investments, not every student is best served at their local public school. While I absolutely believe that every educator and administrator has the highest commitment and dedication to the students they serve, there remain students in our education system that could and should be served better.
Not far from me in Bell County is an incredible school devoted to some of these students that I describe today. The name of the school is Oak Creek Academy. Many of the students have language, cognitive, and physical developmental needs and, at best, are difficult to provide for and often impossible under various constraints within their public schools. In meeting with the students and families who have found a home at Oak Creek, it is quickly apparent that many of the families are struggling to work multiple jobs to afford their child the opportunity for an education that fits their needs best, and they're praying for assistance. As a neighbor, I am overwhelmingly sympathetic to these families and cannot understand Texas allowing these children to slip through the cracks. As a legislator, I refuse to ignore these children and their futures. As I have stated before, my intent is to provide students and families with the opportunity to choose the best possible educational setting for their child, and I believe SB 2 provides this choice while prioritizing Texas' most high-needs and vulnerable students.
REPRESENTATIVE FRANK: Dr. Buckley, thank you so much for bringing this bill. I think it's tremendously important. I do have a couple questions, I think, from comments that I've gotten, and I want to make sure that people understand. There's been a lot of discussion about who will get the ESAs. Would you mind walking through the prioritization? I know you've touched on it a little bit. But who gets priority when we're giving out the ESAs?
BUCKLEY: Thank you, Mr. Frank. There is a priority schedule that is in the bill. Priority group number one encompasses students with disabilities from families that are earning 500 percent of the federal poverty level. Priority number two is those students from families of 200 percent of the poverty level.
FRANK: Less than 200 percent is likely the folks who will get it the first and the most. That is the largest number that you'll probably get?
BUCKLEY: Yes.
FRANK: And then the 500 percent—
BUCKLEY: Okay, yes. And priority three is the students between income of the 200 to 500. And then priority four is students that are from families that earn greater than 500 percent.
FRANK: And then I was wondering, could you discuss the—there's discussion of private schools, and I know there's been—people will say "fly-by-night." My knowledge of the bill, obviously, is that schools have to be accredited. It's a pretty rigorous process to get accredited. Could you walk through that just a little bit about how long it takes to get the audits and the kinds of things involved in being private-school accredited?
BUCKLEY: This bill absolutely requires that schools that accept students with ESAs be accredited. That process now includes sometimes two years of advanced investment in real estate, in training, in organization, and making sure they have the financial stability. And that is before any child walks in the door. And then after that, once they can accept students, then, under accreditation systems, schools have to administer a norm-referenced test and achieve outcomes before they receive full accreditation.
FRANK: And this has been a process done for a long time. Traditional public schools accept transfers of credits from those schools because we have looked at the process. We stay on top of that process. So I appreciate you going over that. Just a couple quick, final questions. I know you believe—and I'll ask it as a question. Do you believe that most public schools in Texas are doing a fantastic job of educating kids? I know you do.
BUCKLEY: Absolutely. They did for my kids.
FRANK: Yeah, absolutely. And I believe that, too. I think most of them are doing a phenomenal job. But do you believe that no matter how good that school is, that it may not be a perfect fit for 100 percent of the kids that are in that district?
BUCKLEY: No, it's not a perfect fit for 100 percent of the kids.
FRANK: So if it is not a perfect fit for 100 percent of the kids in that district, does your bill give that parent an opportunity to do something that is in the best interest of that child?
BUCKLEY: Absolutely.
FRANK: So it gives parents and kids opportunities that don't exist today. Is that correct?
BUCKLEY: That is correct.
FRANK: Thank you very much. Love the bill, obviously. I look forward to lengthy debate.
REPRESENTATIVE HARRIS DAVILA: Could you just real quick remind us how much funding was for public education in the bill that we just passed?
BUCKLEY: Nearly $8 billion.
HARRIS DAVILA: And how significant is that?
BUCKLEY: It's significant. It's the largest investment in our public schools in the history of our state.
HARRIS DAVILA: And I'm proud to have joined in voting for that. I'm glad we got it passed. And my next question is: How much funding is in this current bill for children and families?
BUCKLEY: One billion dollars.
HARRIS DAVILA: Does this legislation—which kids would benefit the most from this legislation? I know Chairman Frank kind of explained some of those tiers. But do you mind going a little bit deeper into that? Which kids would benefit the most from this program?
BUCKLEY: I think one thing we all know well as parents—certainly I know—is that educating our children is complicated. And often we have children with different abilities, different interests, and different needs. And often the environments that our zip code requires us to attend may not fit their needs the best. And so what this bill will do is simply give a parent another tool in their toolbox so that they can provide the educational setting that best serves their child. That's what happens at Oak Creek Academy. We have families that understand many of the kids have significant disabilities and some don't. But the setting—the environment there—it meets the needs of some kids. And parents need that choice. It's their children, and they need to have that opportunity when things aren't working out at the public school. They need to have a pathway—a tool in the toolbox if you will—to make sure that their child receives the best education possible.
HARRIS DAVILA: Absolutely. I agree with you on that, and I just want to even drill down a little bit further. Can you give us more clarity on how this bill specifically helps our kids with special needs?
BUCKLEY: I think one of the most important things is that they're prioritized, number one, first of all. Number two is that the ESA amount is linked to the dollars that are produced in the public school setting so that parents that have kids with significant learning disabilities have the resources they need to take that to a private setting. We heard hours of testimony of concern about that. And so it was very important that we have this funding mechanism to make sure that the education savings account for special needs kids really reflects the important and different challenges those children may face. SB 2 really speaks to that and funds those kids.
HARRIS DAVILA: Thank you, I really appreciate that. And I wanted to drill down on that because those are the kids that are going to benefit the most from this. And that's why I think all the women behind you and really everybody in this chamber is excited for the opportunity to help those kids, especially. And then a real quick question: I know with the special needs funding, in the bill it kind of describes—if they've got a tutor or a therapist, there are special guidelines in place where those people have to be licensed. You know, we want to make sure that this money is going to people who are going to really help those kids the most—that we know who they are, they're licensed. Does that also carry over to private schools? So any private schools or other schools that would get funding from this bill—can you just explain a little bit about how those teachers need to be licensed and that whole process?
BUCKLEY: First of all, there is full transparency for the parent to recognize if they choose to move their special needs child from a public school to a private school. It is required that the parents sign off on that and have an understanding what may be different about the private school setting than the public school setting. And when those therapies or additional services that they need—all of those therapists and providers are vetted—we make sure that they are legit and that those dollars that go to that truly meet the needs of their child. But the most important thing is that these are often services that parents are concerned about that they're not receiving. This really empowers them. No one knows more about what their kids need than moms and dads. So this speaks to that. You know, I was blessed. My kids did not require special education services, but I've got family members and friends that have. It is a challenging road many, many times. And so if that setting is not meeting that child's needs, here is a different path that is totally the choice of the parent. If they are satisfied and their kids are thriving, then they will stay where they're at. If they need a different environment, different services, then they can opt for that.
HARRIS DAVILA: Thank you, I really appreciate that. I know that Texas is by no means the first to introduce a program like this. Can you explain a little bit about the benefits that we have gained from looking at what other states have put in place in these programs and how our bill is taking those into account to make this program the best it can be?
BUCKLEY: We do have and we've had the benefit of studying over the interim to really look at what implementation looks like, what it ought to look like. And this bill borrows, if you will, sort of the best practices of how to do that—from the prioritization, from the services that are allowable to the structure of financial accountability and transparency, all of the things that we have seen in other states. And I believe there are 31 or 32 other states that have some form of school choice. And this is Texas'. It's our moment to join that list and, again, just to provide parents with another option so that their kids receive the best education they can.
HARRIS DAVILA: Just to continue our comparison between what other states have done and what we are working on in this bill, I believe that it's possible to take care of our public schools and give parents a choice. Would you agree that in other states that have passed these programs, we see increases and more success in education across the board, for all kids—no matter what school they're in?
BUCKLEY: Yes, we do. You know, when you look around at states, there's cherry-picked data that will talk about issues in other states. The fact is, though, that when a program operates like this and parents are empowered, what you'll find is that those children are served better and public school outcomes improve. And there are lots of reasons for that—whether or not there's a competitive component to it, whether or not there is a funding component to it, if you will. But in the end, what we know is that when parents have an option—you know, what we lose in this argument is one of the choices is to stay where you're at.
HARRIS DAVILA: Right.
BUCKLEY: It's always about someone that's a leaver. The reality is the vast number of Texas parents will not leave. It is simply another choice. And I think what's important for parents to know is that it is not an either/or decision—that you are either choosing a public school or choosing a private school. Many parents in other states may have one child that uses an ESA to go to a private school or another setting and other kids that are in the public school. I know folks in Texas right now that are doing that very thing for lots of reasons.
HARRIS DAVILA: I appreciate that answer, and I agree with you. Of the constituents in my district that I've heard from on this, that is the story I hear the most often. That for one of their kids, public school is fantastic. It works great. But for another one of their kids, they need more options. And I believe this bill will provide them with those additional options.
REPRESENTATIVE HICKLAND: Chairman Buckley, is it your understanding that in states that have these programs, there's actually been an increase in diversity?
BUCKLEY: Absolutely. The reality is that many times students that live in the most challenging areas of Texas—students that face more challenges than my kids faced, probably more than your kids face—are often those that don't have the options that I had. My wife and I actually drove from one school district where we lived to another one, to an adjoining district, for lots of reasons. And that was our choice. But many Texas kids, they don't have that option. And so I think it's very important to understand that once you have that, that you will unlock the ability for some kids that are really struggling in environments that are at school and outside of school. It's not always what just happens in the schoolhouse, it can be what happens in the neighborhoods. And this allows them to find a pathway to another school where they can be absolutely the best that they can be.
HICKLAND: Thank you for that answer. I agree there seems to be restrictions, especially when it comes to options, that are based on zip code or economic challenges that this bill will focus on.
BUCKLEY: I think one thing, Representative Hickland, is to understand that we get into, a lot of times, the discussion of what the income levels are. What I don't suppose to know are the specific challenges that every Texas family is having. I know that is a very personal thing and that an educational option—though this bill prioritizes by special needs and income, there are children of all income levels that need a different option. And it is, to me, extremely important to make certain that we provide those options in a way. Understanding which children would have the most trouble accessing—making sure they're prioritized—but then also understanding and not supposing that we know what goes on in every family in Texas and their circumstances.
HICKLAND: Could you talk a little about the constitutionality of this bill? I know there are some concerns or challenges when it comes to that.
BUCKLEY: The court rulings are clear. Education savings accounts are absolutely constitutional. That's been held before, and we are not wading off into bad constitutional territory. We know that states around the country have programs that are much more mature than ours. In other words, they've been around for years. Florida's been around since—probably 22 years, 23 years. But the law is settled on this.
HICKLAND: One last thing, I know you spoke a little about the accreditation process for private schools. Can you share a little bit about accountability measures for those that might be concerned?
BUCKLEY: There's always a lot of talk about are we going to have an accountability measure, and the bill requires that a student receiving an ESA must take the norm-referenced test that is provided and that is required in an accredited private school. And then those tests will then allow parents—and will also allow through reporting back through the provider of the education savings accounts and ultimately to TEA so that we have data to make sure that tax dollars are yielding student achievement or parent satisfaction, all of these things that choice is wrapped around. It's not always necessarily achievement, but there can be other things. There can be peer groups, there can be bullying, there can be environments—a lot of the families that I know that are choosing private schools now are doing it for reasons other than academic. It could involve bullying. That's probably the number one reason.
HICKLAND: Well as a mom of four kids, I'm so excited for the opportunities that will be opened to all families for the future of their children—that parents will be empowered with their God-given right to make the best choices for their children's future. Thank you so much for this bill.
REPRESENTATIVE PIERSON: How would CSSB 2 help families who feel stuck in their current school settings?
BUCKLEY: It gives them an option. You know, that's really interesting because I was talking with families back home. Where I live in kind of a rural area, smaller school—it's a great school district. I talk with families at local restaurants and over on the weekends. And most would say, "I'm completely happy with my public school, but I wouldn't mind having an option if I needed it." And I think that's what a lot of families are really thinking—is that some are in that crisis mode now, but others just believe that it is their God-given right to direct the education of that child. And they look forward to the provisions in CSSB 2 to be able to exercise that right when they need it.
PIERSON: Thank you for that, and I agree with you. For this specific bill, we hear a lot about the different school choice models. What makes the education savings account model in CSSB 2 better than previous school-choice efforts?
BUCKLEY: Well, you know, nobody cuts a check to a parent. There's not a debit card. There's not—all the fears and some of the rhetoric you hear, it's all about that. These dollars are held in trust by the comptroller, and then they're disbursed to the certified education assistance organization that runs the program, and then funds are used to pay on behalf of parents for tuition or services, therapies on that. So it's tightly controlled to prevent any sort of fraud or abuse, and it's more parent directed. It provides more options for parents.
PIERSON: More options for parents is always good, so thank you for that. And after the pandemic, there were a lot of things that came about in public education. So why do you think it's more important now, even after the pandemic, that we implement school choice?
BUCKLEY: I think you can look around the state. You can talk to schools across the state, and even looking around the country, you can find significant challenges now that we have in our schools—learning loss from kids that missed school, some of our younger kids sort of got used to not going to school. And so it's created specific challenges in our public schools. And I think now what this bill provides is an all-hands-on-deck approach to making sure that families have an opportunity—whether it be in terms of catching kids up from learning loss, whether it be from challenges with peer groups or bullying or social issues that kids have at school. This, again, gives them an option. It appears to have magnified since COVID-19. I won't speculate on why that is, but there certainly seems to be more concern from parents following the COVID-19 pandemic.
PIERSON: And also, let's talk about competition. We know there is competition among schools when we do have these options available. But how does it help Texas compete nationally with education innovation?
BUCKLEY: We have so much to offer as a state. And whether it be our economic development, our business climate, and what, really, the factors—low regulation, less taxes, and the things that business looks for. But you can't sustain that without a top-tier education system. And the reality is it takes more than just the current system to provide that. There are children now that are struggling in their environment who if placed—and often you'll see this when placed—in a different environment, they thrive. And who knows what that child will achieve when they are allowed and their parent can direct them to the environment that fits their needs best. What sort of innovation will be unlocked in the brain of that youngster? We don't know yet, but we do know that that will happen when parents have more choice.
PIERSON: I agree, Chairman. So what would you say to someone who worries that CSSB 2 will hurt public schools?
BUCKLEY: You know, you have not seen anywhere in the country where public schools have been impacted in a negative way by school choice. You just haven't. And this bill will not impact our public schools. When you are providing the services and you're meeting the needs of children, we know that parents will stay in their public school. Even in a universal program—this is a significant decision for a parent. This is often—if you'd have been like our family, I have no one in my immediate family or my parents or grandparents or anybody else except for like two cousins that ever went to a private school. I don't know that much about that. But I do know that this opportunity that we will provide will not hurt our public schools. It will just create another lane or another option for parents.
I think what happens sometimes—and I've used this analogy in the hearings—is our public schools really are asked, in a medical analogy, to be a general practitioner and a neurosurgeon at the same time. That's a hard lift. When there are issues with students and parents lack the satisfaction—or there's even an agreement between a school and a parent that the child's needs aren't being met or we need to—it's just, again, another pathway for a parent to choose to get their child in the right setting.
PIERSON: There's been a lot of discussion about this over the last few months—good, bad, and indifferent. What do you think is the most misunderstood thing about ESAs?
BUCKLEY: The most misunderstood? There really is so much. I think that it is an existential threat to public schools. You just haven't seen that anywhere. I have superb confidence in our public schools to continue to provide incredible education for their kids. They did for mine, they've done for many on this floor, and they will continue to do so. But I also understand that I don't necessarily have to get to make the call what's best for your kid or some other parents' children. And so when you have this sort of opportunity and you really empower the parent to do so—I've always said that a choice typically results in more satisfaction. When I have to make that deliberate step—apply for an ESA, take my child to a private setting—then at that point, maybe, what it has done is invested me in the outcomes that we want. Why that doesn't happen in the public school setting for them, I don't know. But I know many times what you'll see—when you talk to families at Oak Creek Academy, that smaller setting—typically—it really invites more parent engagement, and you see children that were struggling really begin to thrive.
PIERSON: Well, if you could expand upon that a little bit further, how would this bill change the day-to-day reality for parents and students?
BUCKLEY: I think when we all sit down and our kids—this is what goes on a lot in Texas. We think about where we live, what that school we're zoned for is, right? Then we're like, "Well, do we want to go to that school? Well, we might want to go to another school." So we think about can we get a transfer? Do we have to move? Can we move? Can we afford to move? Is there a charter school nearby? All of this is going on, right? I've got a 4-year-old grandson in Fort Worth. And right now, that's what my daughter and son-in-law are doing. They're thinking, all right, when Leo is old enough, what's going to fit? What's going to fit for him? Well, when you think about parents having to make these decisions, this is going to provide one more option. And they think about, all right, maybe it is the local public school—maybe we'll move to this; maybe we'll transfer there. Maybe we'll pick this charter, or maybe we'll exercise our right and go through the ESA process and then be able to take our child to a setting that fits their needs best.
PIERSON: Well, as a mother, auntie, and eventually a grandmother, I thank you for bringing the bill.
(Harris in the chair)
REPRESENTATIVE TROXCLAIR: All right, Chairman Buckley, I want to talk about something that has been absolutely, continually misreported by the media. We have heard over and over again, often by people who are opposed to school choice, that this bill will only benefit wealthy families. Can you remind us one more time who benefits from an education savings account in this bill?
BUCKLEY: This bill is prioritized for special needs children with an income cap and a progressive income cap throughout the prioritizations. It's income-based—needs- and income-based.
TROXCLAIR: So has it surprised you, during this time, that that false claim has been repeated over and over again in the media and nobody in the media has corrected that claim?
BUCKLEY: It's kind of a class-warfare argument, I think. I'm at the local private school, Oak Creek in Killeen, all the time—whether it be as a state representative or a veterinarian bringing a dog up there on career day or attending events—and these are not millionaire families. These are families that are working. These are families where dad's in the military, mom works fast food, and grandma's moved down to help so that the mother can take a second job so they can afford an opportunity at a school that's really where their child is thriving. I think that on the surface, that's the argument, but it just doesn't bear out anywhere where you see education savings accounts.
TROXCLAIR: So it's a convenient talking point, but it is in no way reality because, in reality, students with special needs and low-income students are first, second, and third in line under this bill. Correct?
BUCKLEY: That is correct.
TROXCLAIR: Okay. I'd also, as a member who represents both suburban and urban counties and—suburban, urban, and rural—I have been really shocked and disappointed in how these false talking points have proliferated through our rural communities and been used as scare tactics to protect the urban areas, who really are not living up to students' and parents' expectations. Isn't it true that most of the students across the 32-plus other states that have already enacted some sort of school choice program, the students that benefit most from those programs are typically urban-area students that are seeking a way out of a potentially failing public school?
BUCKLEY: Yes, that's what you see across the country, and I think what you have in those areas are parents that are seeking this sort of relief, this sort of option. And when you have that, you have to turn to the rural areas where—I'll stipulate: People love their public schools in rural Texas.
TROXCLAIR: Absolutely.
BUCKLEY: We just passed a bill that provides the largest influx of money to rural public schools in the history of the state.
BUCKLEY: Our rural areas have nothing to fear from school choice. They are sort of that hotbed of where our Texas values live, and often that school is sort of that hub of activity. And so I think the argument that is made about that really seeks to sort of counter what I believe and what you've seen in some of the polling, which is that in some of our underserved communities, school choice is very popular.
TROXCLAIR: And you brought up a good point, that most rural communities, they love their small, rural schools because the teachers and administrators in those schools share the same values. Whereas, when you get into the larger school districts in the urban areas, sometimes there is just a disconnect between the students that they have a responsibility to serve and the educational outcomes. Because at the end of the day, this is not about protecting a system. It's not about protecting a certain district. It's about doing what is best for our kids. And I think you will see throughout our discussion today that most of the studies show that educational outcomes for all students—including public students—actually improve in areas that a school choice program has been adopted. Is that true?
BUCKLEY: That is correct.
TROXCLAIR: So what you're telling me is that if you care about children, if you care about students—any student, regardless of whether they're home-schooled, private schooled, public schooled—I think everybody in this chamber cares about Texas students. And we know now that enacting these programs increases outcomes. And when you break a cycle where a student is not getting the education that they need—education is the most important indicator for the future of their life, right? If they don't get a good education, they are less likely to live a successful life and go out and be able to fulfill their own dreams. Right?
BUCKLEY: That's right.
TROXCLAIR: So by allowing students who are in the most need—special-needs students, low-income students, students who their traditional public school is not meeting their needs—by allowing those students and those parents the opportunity to get an excellent education, that is not just helping them during their formative years, but it is setting them up for success in the rest of their lives.
BUCKLEY: That is correct. There is nothing more important for our future than educating our kids. And why in the world would we look at options and say, "We can do this one and that one, but we can't do that one." "Why can't we do that one?" "Because we're just not going to do it." It's time to provide a full array of different options for parents, with the understanding of how unique our children are and the challenges they will face. And so without an option like this— then we're literally looking at another option, and we're saying to some kids in Texas and families, "Sorry, not for you." And that's just not right.
TROXCLAIR: My last question to you is: Why should every member in this chamber feel confident in voting for this bill?
BUCKLEY: Because it's right for kids.
REPRESENTATIVE ROMERO: Chairman, I've got a couple of questions regarding the eligibility criteria. But before I do that, I want to ask you a question about some of the questions that you just answered. You did say that this program is income-based, correct?
BUCKLEY: Yes, sir.
ROMERO: Okay. But you didn't mention—or the prior member said this is not for the wealthy. You agreed. And this is not for millionaire families. So is there an income cap?
BUCKLEY: No, but it's prioritized by income.
ROMERO: But a moment ago, when the prior member asked questions saying this was not for millionaire families, you agreed that this is not for millionaire families. So do you agree that this program is not for millionaire families?
BUCKLEY: I believe that you will see more middle-class Texas families access this program than any other segment.
ROMERO: Regardless of whether it's more or not, this is available. And Texas should know that this voucher program is being made available to millionaires, people that could potentially make $1,000,000 a year. Is it still available to those families?
BUCKLEY: And that income level is capped.
ROMERO: At what cap in your bill? Can you tell me where the income level is that you believe is not for the wealthy? What is the maximum income level at which your voucher bill is not going to allow for a family in Texas to take part in this program?
BUCKLEY: Well, the income levels, as I described, begin with students with disabilities and then—are you talking about on the high end?
ROMERO: I'm asking what is the maximum amount of income at which you are no longer eligible to receive a voucher—public schools, public taxpayer dollars. Because in this bill—we talk a lot about lowering taxes. Ultimately, this comes from all people in Texas. What is the maximum amount of income a family can earn at which they're still eligible to receive this voucher program?
BUCKLEY: Under priority four, it's families earning $160,000 a year or more.
ROMERO: That's under priority four. Are you telling me that priority four is the maximum amount? So therefore no one that makes over $140,000 a year combined income—
BUCKLEY: No, it's reserved—it's prioritized for families earning more than $160,000 per year, and it's capped at 20 percent of the program.
ROMERO: Okay, it's 20 percent. So what's the cap? Is it $160,000 to $200,000? Is it $160,000 to $250,000?
BUCKLEY: It's not capped. It's universal. All families are eligible in that priority order.
ROMERO: So then back to my prior question. Will a family that makes a $1,000,000 a year or more are they still eligible?
BUCKLEY: They're eligible to apply.
ROMERO: Okay. So then a millionaire family will. A billionaire family would still be eligible. I want to ask you some questions regarding the eligibility criteria. Under CSSB 2, your bill does require proof of citizenship or lawful admission into the United States, correct?
BUCKLEY: Yes, sir.
ROMERO: And under this bill, who is responsible for making immigration status determinations?
BUCKLEY: It is done through the application process.
ROMERO: That application process happens where?
BUCKLEY: It happens when the family applies through the certified education assistance organization.
ROMERO: So this is an outside vendor?
BUCKLEY: It is. It could be one of several that the comptroller would contract with via RFP.
ROMERO: And does your bill intend to adhere to the Immigration and Nationality Act's definition for "lawfully admitted"?
BUCKLEY: Yes. If they're lawfully admitted, they're eligible.
ROMERO: So are you aware that someone can be lawfully present, even if they're not lawfully admitted into the United States? For example, they could be present with a Green Card; they could have protections under the Violence Against Women's Act; they could have special immigrant juvenile status; they could have DACA; they could be an asylum seeker or grantee; or they could have temporary protective status in a U visa. Is it your intention to exclude children lawfully present in the U.S. from vouchers that qualify under those programs?
BUCKLEY: All the bill requires is that they be a United States citizen or lawfully present.
ROMERO: Isn't it the responsibility of making determinations regarding a person's lawful or unlawful presence under immigration law the exclusive responsibility of the federal government?
BUCKLEY: I'm not advised on the process. That is up to the applicant to prove they are a United States citizen or a legal resident.
ROMERO: And to your prior response, they are going to be presenting this information to someone that is not of the federal government. So the vendor, will they be required to be a part of some federal government institution since they're going to be providing information—or persons seeking to be a part of your voucher program are going to be providing that documentation status?
BUCKLEY: They will verify that they are citizens or lawfully present.
ROMERO: What documents will they be required to establish their presence or lawful admission?
BUCKLEY: Documents provided by the applicant.
ROMERO: Those are the documents provided by the applicant. But what documents do you expect them to provide?
BUCKLEY: Well, they can provide your standard documents where you prove your citizenship or legal status in any occasion of transacting business in Texas.
ROMERO: And what are those? I mean, it's in your bill. That's why I want to know, Dr. Buckley. If you're asking for them to prove the status, there's concern that they have to prove status. You've mentioned that it's going to go to an outside vendor. You haven't told me, other than to tell me it's through the comptroller. But you haven't instructed in this legislation what I believe should be a requirement because right now the only response—you should only have to prove your status to the federal government. But I'll move on. How will this organization in the comptroller's office, if you have knowledge of it, ensure that these documents are properly protected, that they're safely protected?
BUCKLEY: The organizations that operate as a certified education assistance organization have privacy guards and protections for all personal information that is required for application by the—
ROMERO: Is that in your bill?
BUCKLEY: Yes.
ROMERO: Can you tell what line in the bill and where it is—the documents that should be provided and where and how they will be protected?
BUCKLEY: They will be protected per state and federal law in terms of personal information.
ROMERO: Will any schools be charged with the responsibility?
BUCKLEY: I'm sorry?
ROMERO: With the responsibility of verifying or confirming status.
BUCKLEY: No, that will be done in the application process.
ROMERO: For the sake of time, I'm going to stop there. And I'm going to come up, and I'm going to see if you can point to me in the bill where that information regarding the protection of those documents is.
REPRESENTATIVE ANCHÍA: I just have a few more questions about how to qualify and how to show your immigration status. We have heard a lot of discussion on HB 3 about parental choice. But the section that Chairman Romero was asking about explicitly excludes parents from participating in the program—that they pay into—based on their willingness or ability to show citizenship or immigration status. Is that correct?
BUCKLEY: That is correct.
ANCHÍA: So if somebody didn't want to provide immigration documents, then they would be excluded from the bill, right?
BUCKLEY: That is correct. You have to prove citizenship.
ANCHÍA: And if they couldn't provide immigration documents, they'd be excluded from the bill, right?
BUCKLEY: That is correct.
ANCHÍA: Will there be exceptions? Are you going to be taking exceptions or have a perfecting amendment for students who have difficulty accessing personal documents? I'll give you an example: I didn't have my birth certificate for many, many years. My parents had it. A lot of times children in foster care have difficulty accessing their documents. Students who are homeless have difficulty accessing their documents. And students, many times, who have been kicked out of the house have difficulty accessing their documents. Are there going to be any exceptions for those classes of students?
BUCKLEY: They need to follow state and federal law in producing documents to prove their citizenship, whether or not they're legally present.
ANCHÍA: But if they're unable to—no exceptions—they cannot participate?
BUCKLEY: They have to provide their—yes, sir.
ANCHÍA: I wanted to delve into a few—because your bill, as Chairman Romero pointed out, used the term "lawfully admitted." You mentioned that it was your intention for the bill to adhere to the Immigration and Nationality Act definition for "lawfully admitted." I wanted to go through a few statuses of people that would be lawfully present but potentially not lawfully admitted. Are you aware that victims of violence that have what are called VAWA—Violence Against Women Act—Green Cards are usually subjected—that you have to make a finding of battery or extreme cruelty—that definition excludes Green Card holders. Would that classification of women be ineligible for the Green Card program because they are technically not lawfully admitted, but they are lawfully present?
BUCKLEY: I'm not advised on that particular circumstance that you bring up.
ANCHÍA: So it is your understanding, then, that you can be lawfully present in the United States but not lawfully admitted under the Immigration and Nationality Act, right?
BUCKLEY: It sounds like—
ANCHÍA: That does happen to be the case.
BUCKLEY: Did they have the—
ANCHÍA: It is also the case with U visas. U visas are only granted to crime victims in the United States who aide in the prosecution of a crime. And this definition that you have of lawfully admitted would exclude U visa recipients as well. Are you aware of that?
BUCKLEY: I'm not advised of the details of that.
ANCHÍA: Are you aware that children who are here with special immigrant juvenile status protections—they oftentimes are abused, abandoned, or neglected by a parent—that those children, who need access to mental health and counseling services—your definition may exclude these children from the voucher program. Are you aware of that?
BUCKLEY: I'm not advised. U.S. citizens or legally present, they're eligible.
ANCHÍA: And I just want to point out that there are people who are lawfully present in the United States but may not, under your definition of lawfully admitted, be covered by the voucher program. And I think you want to get at people who are here lawfully. Like people with TPS protections, Temporary Protective Status. They've experienced natural disasters in their country, political turmoil in their home country—Cuba, Venezuela. Your definition also excludes them. I just wanted to make you aware if you were not aware of that. Are you aware?
BUCKLEY: I'm not advised.
ANCHÍA: And finally, children who seek asylum who have had to flee their home country due to political persecution or persecution due to religious beliefs—like, for example, Yazidi Christians, who may be here as asylees—your definition excludes them. Were you aware of that?
BUCKLEY: I'm not advised of their status.
ANCHÍA: Well, thank you for your time. I just wanted to get that in the record.
REPRESENTATIVE REYNOLDS: Thank you, Chairman Buckley. I appreciate you and the thoughtful explanations that you have. You know, sometimes bills have unintended consequences, so I want to ask you a series of questions to really alleviate some concerns that many of my constituents and stakeholders have that this bill has a discriminatory impact. And so are you aware that in Indiana, researchers have concluded that the introduction of vouchers in 2013 has increasingly benefited higher income white students, many of whom are already in private schools, and diverts funding from all other students who remain in public schools in the school system? Are you aware of that?
BUCKLEY: I'm not aware of the individual demographics of participants in Indiana.
REYNOLDS: Are you aware that, similarly, an analysis from an Ohio newspaper using data provided by the Ohio Department of Education found that the state's voucher programs disproportionately served white students? Are you aware of that?
BUCKLEY: I am not.
REYNOLDS: Are you aware that the Century Foundation report, reviewing the impact of private school vouchers nationwide, found that voucher programs are more likely to increase school segregation than to promote integration or maintain the status quo? Are you familiar with that?
BUCKLEY: I am not familiar because we don't have a system in Texas.
REYNOLDS: Let's talk about Texas. Are you aware that currently Texas private schools disproportionately serve Anglo students? Are you aware of that?
BUCKLEY: I'm not aware of the demographics of our private schools.
REYNOLDS: Well, here is some of the demographic data that I found. According to the most recent data, white students are the majority population in private schools in Texas, comprising 55 percent in 2022 as compared to 26 percent in public schools. Are you aware of that?
BUCKLEY: I'm not aware of that, like I said, demographic data concerning private schools.
REYNOLDS: Are you aware that African American and Latino students attend private schools at lower rates than Anglo students? Are you aware of that?
BUCKLEY: I'm not aware of those demographics.
MOTION TO EXTEND TIME
REYNOLDS: Chairman Buckley, are you aware of the data that shows that 13 percent of the public school population in Texas is Black and 53 percent of the public school population is Latino? Are you aware of those statistics?
BUCKLEY: Was that public schools?
REYNOLDS: Yes, sir.
BUCKLEY: Yes, I'm aware of that.
REYNOLDS: And are you aware that only 6 percent of private schools are African American populated students and 23 percent of Hispanic students in private schools? Are you aware of that?
BUCKLEY: I'm not aware of those demographics.
REYNOLDS: Has this body adequately considered the very likely possibility that this legislation will disproportionately benefit white students and create more segregation in our schools?
BUCKLEY: That is not the intent of this legislation. It's my intent that this gives every Texas family the opportunity to select the education that is the best fit for their child.
REYNOLDS: What protections does this bill have to ensure that we don't fund segregation in our public schools?
BUCKLEY: When you look across all the states—first of all, throughout the process, there's no discrimination on who can apply and such. But we also find that across the country, when you look at programs, that you see significant populations of Hispanics and African Americans that attend private school and that are accessing it through ESA programs. The intent of this bill is to give parents—regardless of immutable characteristics—the opportunity to access the education that's best for their child, Mr. Reynolds. That's what this bill does.
REYNOLDS: Chairman Buckley, when I looked at the proposed Section 29.370 of the bill, which establishes an annual reporting requirement for each certified educational assistance organization, I see that Subsection 1 requires educational assistance programs to collect and compile data regarding program application disaggregated by age but not by any other factors outlined in proposed Section 29.3715. Isn't that correct?
BUCKLEY: The intent of the section is to make sure that the report reports back to the legislature of the participants in the program.
REYNOLDS: I'm just trying to make sure that there wasn't a drafting error. Can you explain why other factors—such as disability status or race, gender, or social-economic status—are not included in this annual reporting requirement for this application?
BUCKLEY: The application process would certainly require verifying disability status as one of the priority groups. But again, the process and the reporting is required to make certain that we know who is accessing the program.
REYNOLDS: Is it your intention—it's my understanding that your intention is that this legislation be a universal voucher, correct?
BUCKLEY: Yes. Every Texas family is eligible to apply, given the eligibility requirements.
REYNOLDS: And so your goal, as you just expressed, is to increase the opportunity for all students, including marginalized students, correct?
BUCKLEY: Absolutely.
REYNOLDS: So we have heard many concerns from a variety of stakeholders about the potential discriminatory impact from this legislation. Do you agree with me that one way that we could mitigate these concerns would be to monitor and evaluate which students are having success and exercising their right to receive funding for their preferred private school and which ones are not? Wouldn't that be helpful?
BUCKLEY: I believe that it is important that the program reports information about students and, primarily, that it provides access to all students, and it does. There is no Texas student that is not eligible.
REYNOLDS: Chairman Buckley, are you aware of the Texas Bill of Rights?
BUCKLEY: Let me bring you to the report that must include the following demographic information: the child's grade, the child's age, the child's sex, the child's race or ethnicity, the school district in which the child resides, the district campus that the child would otherwise attend, the child's zip code, and the date of enrollment in the program. All of that is reported by the comptroller based upon the bill.
REYNOLDS: Thank you. I'm making a note of that.
BUCKLEY: Page 35 of the bill.
REYNOLDS: So with respect to the students who can be denied admittance from private schools, you do know that there are different requirements for admittance from a public school versus a private school, correct?
BUCKLEY: Yes, sir.
REYNOLDS: Is it true that a private school may deny a student admission on the basis of their religious practices or identity? Isn't that correct?
BUCKLEY: No. Simply, private schools will make parents aware of certain religious requirements or certain religious activities, and the parent can decide whether or not they would like their child to attend.
REYNOLDS: Isn't it true that 75 percent of private schools in Texas are religious?
BUCKLEY: I'm not sure of that breakdown, but that's probably about right.
REYNOLDS: But you don't have any evidence to dispute that, would you?
BUCKLEY: I don't.
REYNOLDS: In other words, is it almost certain that the state will be funding religious discrimination to the tune of millions of dollars that would otherwise be going to our public schools, which are constitutionally prohibited from discriminating against any student for any reason, correct?
BUCKLEY: The private schools will not discriminate based on that, and I don't believe that that bears itself out—that it's discriminatory based on religious tests.
REYNOLDS: If it's a Christian private school, do they have to admit a Muslim private school student?
BUCKLEY: I'm sorry?
REYNOLDS: If it's a Christian private school, do they have to admit a student that is a Muslim student? Do they have to admit that student to their school?
BUCKLEY: They will make sure that that's a fit. They'll advise parents of the requirements of that student to attend that school, and that's the way the process works.
REYNOLDS: Isn't it true that a private school may deny admission on the basis of a disability?
BUCKLEY: We've hashed this out in our committee hearings. That's a great question, by the way. What private schools do is they make certain that they can provide the services that are necessary to serve that child. We have many—we have 60-something private schools in Texas that are accredited to make sure that they particularly serve children with special needs, including one in my own district. We even had testimony from families that had applied to certain schools. And they would say, "You know what? There might be a better private school option." And they would give parents an option because they want to make sure it fits for the kid. They understand that if they can't provide the services that they know an additional school or another school could do that, then they direct the parents in that direction.
REYNOLDS: Isn't it true that private schools are not required to provide language-access services to emergent bilingual students?
BUCKLEY: Private schools in our Catholic system and others have very robust and rich language courses and the ability. If you look at our Spanish speakers and stuff in our Catholic schools, there are—I don't know the exact percentage, but I do know that it's a large percentage of students that speak other languages other than English.
REYNOLDS: Isn't true that a private school may deny a student admission on the basis of their gender?
BUCKLEY: There are some schools that are sort of set up to be either all male or all female. But that is, again, a parent has that—they have that right to decide. And they'll choose the right one based on the child's gender.
REYNOLDS: Could the private school also deny a student admission based on sexual orientation or gender identity?
BUCKLEY: I'm not advised about that.
REYNOLDS: Given the multiple and often intersecting ways of this legislation will fund discrimination, how does it comply with the Texas Constitution's equal educational opportunity mandate?
BUCKLEY: This bill provides every Texas parent, every single one of them, an option to apply for an Education Savings Account and take their child to the setting that fits them best. Mr. Reynolds, what's so fundamentally different about what we're doing here is we're empowering parents to make those decisions, and we're giving them options. And I think what's even more important, they will receive options that best fit their child.
REMARKS ORDERED PRINTED
Representative Troxclair moved to print remarks between Representative Buckley and Representatives Frank, Harris Davila, Hickland, Pierson, Romero, Anchía, Reynolds, and Troxclair on CSSB 2.
The motion prevailed.
Amendment No. 1
Representatives Buckley, Bonnen, and Leach offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 2, line 14, between "establish" and "a", insert "and administer".
(2) On page 2, line 16, between "program" and the underlined period, insert the following:
and has the authority to:
(1) execute contracts, agreements, and other instruments for goods and services;
(2) engage the services of private consultants, actuaries, trustees, records administrators, managers, and legal counsel for administrative and technical assistance; and
(3) perform any duty assigned to a certified educational assistance organization under this subchapter
(3) On page 3, line 18, strike "the 2026-2027" and substitute "each".
(4) On page 3, lines 25 and 26, strike "This subsection expires September 1, 2027.".
(5) On page 7, line 12, between "25.001" and the underlined semicolon, insert ", including if the child is a child of a parent who is an active duty member of the United States armed forces".
(6) On page 7, between lines 15 and 16, insert the following:
(a-1) A child's parent may establish proof of the child's residency in this state for purposes of verifying the child's eligibility to participate in the program under Subsection (a)(2) by submitting any of the following documents in the parent's name:
(1) a utility bill;
(2) a lease agreement or mortgage statement;
(3) a driver's license or state ID;
(4) a voter registration certificate;
(5) a letter from a government agency; or
(6) a notarized affidavit of residency.
(7) On page 13 as follows:
(A) on line 12, strike "and".
(B) on line 16, immediately following the underlined semicolon, add the following:
and
(C) the school has continuously operated a campus for at least two school years preceding the date the school seeks approval under this section;
(8) On page 23, lines 19 and 20, strike "Notwithstanding any other provision of this subchapter or other law, if" and substitute "If".
(9) On page 23, line 24, between "receive" and "an", insert ", in addition to other funding to which the district or school is entitled to receive for the child,".
(10) On page 25, line 14, strike "quarterly".
(11) On page 25, lines 15-16, strike "in equal amounts on or before the first day of July, October, January, and April." and substitute the following:
as follows:
(1) not later than July 1, at least one-quarter of the total annual amount;
(2) not later than October 1, one-half of the total annual amount; and
(3) not later than April 1, the total remaining amount after the transfers under Subdivisions (1) and (2).
(12) On page 28, between lines 8 and 9, insert the following:
(d) The state auditor shall audit each certified educational assistance organization's compliance with the organization's duties to verify a child's eligibility to participate in the program under Section 29.355 and verify that a request for payment is for an approved expense under Section 29.360(c). Each organization shall submit to the state auditor documentation of:
(1) each item of residency documentation described by Section 29.355(a-1) reviewed by the organization;
(2) each preapproved education-related expense category reviewed by the organization under Section 29.360(c);
(3) the number of transactions approved by the organization; and
(4) the number of transactions denied by the organization.
(e) The state auditor may review and analyze individual transactions approved by a certified educational assistance organization.
(f) The state auditor shall randomly select 10 percent of program applications on which to perform an eligibility verification audit.
(g) Each education service provider shall provide to the state auditor proof of a third-party audit or financial review consistent with the provider's accreditation commission standards.
(13) On page 29, strike line 9 and substitute "applicable law if".
(14) On page 34, line 8, strike "and".
(15) On page 34, line 26, between "Guard" and the underlined period, insert the following:
; and
(9) the dropout rate, expulsion rate, and graduation rate of participating children who are children with a disability, both aggregated and disaggregated by the child's:
(A) grade level;
(B) age;
(C) sex;
(D) race or ethnicity; and
(E) category under Section 29.356(b)
(16) On page 35, between lines 11 and 12, insert the following:
(e) The comptroller shall provide the report, including assessment data, to the commissioner.
(f) The state auditor shall review and verify the validity of the contents of the comptroller's annual report required under this section. If the state auditor finds any discrepancies in the report, the state auditor may collect the data necessary to verify and audit the data from the comptroller, the applicable certified educational assistance organizations, and the applicable education service providers and vendors of educational products.
(17) On page 40, between lines 24 and 25, insert the following appropriately lettered subsection:
(____) The attorney general shall represent the state in any legal action brought that challenges the constitutionality or validity of all or any part of Subchapter J, Chapter 29, Education Code, as added by this Act.
Amendment No. 1 was adopted by (Record 242): 145 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Alders; Allen; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris Davila; 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; Longoria; Lopez, J.; Lopez, R.; Louderback; 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.
Nays — Harrison.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Anchía; Cole.
(Speaker in the chair)
Amendment No. 2
Representative Dutton offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 7, line 9, strike "and".
(2) On page 7, between lines 9 and 10, insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) the child is a member of a household with a total annual income that is below 500 percent of the federal poverty guidelines; and
(3) On page 9, strike lines 1 through 3 and substitute the following:
(A) children with a disability;
(4) On page 9, at the end of line 6, insert "and".
(5) On page 9, strike lines 10 through 13 and substitute "guidelines.".
(6) Strike page 21, line 20, through page 22, line 9, substitute the following, and reletter subsections and references to those subsections accordingly:
(1) for a child who is a member of a household with a total annual income that is at or below 200 percent of the federal poverty guidelines, the greater of:
(A) $10,000; or
(B) the cost of the child's tuition at a private school, not to exceed $30,000;
(2) for a child who is a member of a household with a total annual income that is above 200 percent but below 300 percent of the federal poverty guidelines, $10,000;
(3) for a child who is a member of a household with a total annual income that is at or above 300 percent but below 400 percent of the federal poverty guidelines, $7,500; and
(4) for a child who is a member of a household with a total annual income that is at or above 400 percent but below 500 percent of the federal poverty guidelines, $5,000.
Representative Buckley moved to table Amendment No. 2.
The motion to table prevailed by (Record 243): 91 Yeas, 47 Nays, 7 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Bryant; 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; Morales, C.; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Romero; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Slawson; Smithee; Spiller; Swanson; Tepper; Thompson; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Bhojani; Bowers; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Raymond; Reynolds; Rodríguez Ramos; Rose; Talarico; Vo; Walle; Ward Johnson.
Present, not voting — Mr. Speaker(C); Anchía; Garcia Hernandez; Rosenthal; Turner; Wu; Zwiener.
Absent — Bernal; Cole; Hinojosa; Longoria; Plesa.
ADDRESS BY REPRESENTATIVE J. GARCIA
Representative J. Garcia addressed the house, speaking as follows:
Today, while we are in this body on this floor advocating for school finance, advocating for school vouchers, we had a group of students walk out of a school in my district––eight of them. Seven of them brutally beat another student and then shot and killed him. This happened at 2 p.m. today. A 14-year-old child. What's even worse is that this is the second time this week, because just in Dallas, the same thing happened. Whose fault is it? Whose fault is it? Is it our fault? Is it our fault because we didn't raise the age? Is it our fault because we have open carry? Is it our fault because we don't pay our teachers enough? Is it our fault because we don't have enough mental health in schools? A family is suffering tonight because their child went to school today and was murdered by his classmates. We have to be proactive. This is one too many, y'all. One too many. It keeps happening every day, every day, every day in the State of Texas. I ask you all: Can we please, please make good policy that is legitimately going to save our children? We need resources. We don't need an $8 billion voucher. We really don't. What we need is protection in our schools. What we need is fully funding the education of our students. What we need is to make sure that every unfunded mandate, like putting officers in all the schools, is fully funded. This is what we need from this body. So as we carry on the rest of today, I ask that we do so with honor and with respect as we share our deepest condolences with the families of these children.
REMARKS ORDERED PRINTED
Representative Rodríguez Ramos moved to print remarks by Representative J. Garcia.
The motion prevailed.
CSSB 2 - (consideration continued)
Amendment No. 3
Representative Talarico offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 41 by striking lines 11 through 15 and substituting the following appropriately numbered sections:
SECTION ____. (a) At the general election to be held on November 4, 2025, the voters shall be permitted to vote in a statewide referendum on the question of whether the state should establish an education savings account program as provided by this Act.
(b) Notice of the election shall be given by inclusion of the proposition in the proclamation by the governor ordering an election on any proposed constitutional amendment to the state constitution and in the notice of that election given by each county judge, or, if no constitutional amendment is proposed, the governor shall order and each county judge shall give notice for an election proposing the referendum required by this section.
(c) The proposition shall be printed on the ballot above any proposed constitutional amendment under the heading: "Referendum Proposition."
(d) The ballot for the referendum shall be printed to permit voting for or against the proposition: "Should the state establish an education savings account program to provide parents of eligible children money originating from the taxpayers in this state for the purposes of providing primary or secondary education to the parents' children through private schools, home schools, or other private education services?"
(e) Returns of the votes cast on the proposition shall be made and canvassed in the same manner as the returns on a proposed constitutional amendment.
(f) Immediately after the governor certifies the results of the election, the secretary of state shall transmit a copy of the certification to the lieutenant governor, the speaker of the House of Representatives, and each member of the legislature.
SECTION ____. This Act takes effect January 1, 2026, but only if a majority of the votes cast in the statewide referendum under this Act are in favor of the state establishing an education savings account program. If that ballot proposition is not approved by the voters, this Act has no effect.
AMENDMENT NO. 3 - REMARKS
REPRESENTATIVE TALARICO: Members, I know this amendment has gotten a lot of attention over the last few days. This amendment would send this private school voucher bill to the voters of Texas for their approval before it can be implemented. This idea to send the issue of vouchers to the voters originally came from Governor Rick Perry last year. Then a few weeks ago, a group of conservative, grassroots activists came up with the idea of an amendment that would do exactly that. They call themselves "MAGA moms." These are not activists I typically work with, but this issue of private school vouchers brings people together across the political spectrum. A few days ago, there was growing bipartisan support in this chamber for this commonsense idea. But then the governor of our state started calling members into his office one by one and threatening to veto all the bills of any member who votes for this amendment. Threatened to make their primary elections "a bloodbath."
So this morning, I decided to carry this amendment—not only because it is a good idea, not only because it is what our constituents want but also to make a very important point: No one, including the governor, should ever threaten a lawmaker. We do not serve the governor; we serve our constituents. The governor is saying that putting vouchers to the voters is unconstitutional. That is not true. The way I know it is not true is because as attorney general, Greg Abbott wrote about statewide referenda and never raised constitutional concerns. The governor is saying there is no historical precedent for sending vouchers to the voters. That is also not true. There were statewide referenda in 1986, 1989, and 2006 on controversial topics.
Lastly, the governor is saying Texans have already voted on vouchers. That is also not true. One, because there are a lot more people in this state than Republican primary voters, and this voucher will affect all of us in ways both big and small. Second, I think we all know that the primaries last year were not fought on vouchers. None of the TV ads, none of the mailers that the governor funded against our colleagues were about vouchers. And so I am a little confused because the governor has said private school vouchers are wildly popular. So if he is telling the truth, I would think this referendum would have no trouble passing. I would also think the governor would welcome an opportunity to finally have a mandate on this controversial topic. Texans have been fighting about vouchers for 70 years.
The first voucher bill was proposed in this Capitol in 1957, and we have been fighting about it ever since. So if any issue should go to the voters, it is this one. We are sending a lot less to the voters for their approval this session alone. And believe me, this body has been very clear that any time taxes may go up, the taxpayers should have a say. And by creating a new parallel education system that will cost billions of dollars every biennium, this voucher bill will absolutely raise property taxes. So I think the taxpayer should have a say before it is implemented.
Members, regardless of where you are on this bill—you know that I am passionately against vouchers; that is no secret. There are friends of mine in this chamber who are passionately for vouchers, and that is fine. That is what this body is all about. But let me just make a pitch on why we should all support letting the voters get their say.
It is the only thing that will put this issue to bed because, believe me, even if this passes, we will be back here next session and the session after that and the session after that, fighting about vouchers. Fighting about loosening regulations, fighting about expanding funding, fighting about changing eligibility—this fight will never end. The only way for it to end is for Texans to get their say on this issue. I know that you are under a lot of pressure from the governor—I know that. I get that. I know that's not easy. But last time I checked, this legislature was a separate and equal branch of our state government. The last time I checked, we still had separation of powers in this state. The last time I checked, this was still the people's house not the governor's house. All of that is at risk with this vote on this amendment. So regardless of where you are on this bill, I am asking you to stand with me on this amendment. Let Texans approve this measure. Let Texans get a say. I urge you to vote for this amendment for our constituents, for our Constitution, and for this house.
REPRESENTATIVE GOODWIN: So I believe you said this, but I heard several members the other day say that we have already voted on this issue. Have we voted on vouchers? Have we let the people of Texas vote on vouchers?
TALARICO: No, Representative Goodwin. We have had primary elections where members were targeted because of their vote on vouchers in the past, but as a proposition—as a referendum—vouchers has never been put to the voters.
GOODWIN: These members even suggested that in the general election we voted on vouchers. Did we vote on vouchers in the general election?
TALARICO: No, Representative Goodwin, this issue has never been put to the voters as a propositional referendum.
GOODWIN: And when was the general election?
TALARICO: November of last year.
GOODWIN: Do voters sometimes change their minds over time when new information becomes available?
TALARICO: Sure, but again, this issue has not been put to the general electorate, and that is why I think this amendment makes a lot of sense.
GOODWIN: Have you noticed that since—between last session and this session, vouchers has been a very big issue both times. Last session, we had our regular session and four special sessions, and now here we are again debating vouchers. But have you noticed a difference in the response from people around this state?
TALARICO: I have certainly seen Texans in both political parties, in all regions of the state, express deep concerns about this bill—who it will benefit and who it will hurt. And again, Representative Goodwin, I do not want to make this about the bill. I have my opinions on the bill. You will hear my opinions throughout the debate today. I am sure you have heard my opinions in committee; that is no secret. The thing I am asking us to do here is let Texans express their opinions in a formal, fair election, where we can finally put this issue to bed one way or the other. Because if the voters approve it, then there is a clear mandate from the people of this state for private school vouchers, and then there is not really any room to try to fight against it in future sessions. Or if they reject it, there is not much room to try to expand this program or implement a program like it in the future. So at least—I do not know where other members are—I would like this issue to be behind us. I think the only way to get it behind us for good is by letting our constituents have the final word.
GOODWIN: I agree with you. I think letting the people of Texas have their voice heard through an election on whether or not we should implement vouchers in this state makes sense, and I am really curious what the harm is. Why are we finding objection to this?
TALARICO: You know, I do not want to question anyone's motives, but I will say there is already going to be—if you read the amendment, the election would be during the constitutional election later this year in November of 2025. That election is already scheduled; there's already going to be issues on the ballot. Again, this would not be one of those constitutional amendments; it would be a referendum on that same ballot, very similar to what they did in 1986, 1989, and 2006.
GOODWIN: I have expressed to constituents in my district that I think it would be great to put this up to a vote, and I have had an immense response to that. Have you found the same thing?
TALARICO: I have, and, you know, what is interesting is that even the folks in my community who are passionately for private school vouchers want it to be put to a vote.
Pursuant to Rule 5, Section 28, of the House Rules, Representative Little requested an extension of speaking time on CSSB 2.
The request was granted.
REPRESENTATIVE LITTLE: Representative Talarico, I am extremely concerned by your allegations of the governor's threats against members. Which members did he threaten? Which of my colleagues did he threaten?
TALARICO: I do not have permission from those colleagues to divulge their names.
LITTLE: It certainly was not me. I do not even think the governor has my phone number—I am a lowly freshman. But surely you do know who the governor has threatened, right?
TALARICO: I certainly know members who he has threatened, yes.
LITTLE: Republican members, right?
TALARICO: Yes, sir.
LITTLE: And your contention is that their votes on the board later today will be based upon the threats of the governor, correct?
TALARICO: No, sir. I certainly hope that members of this body will vote their districts and vote their conscience. And to be honest with you, Representative Little, my experience in this chamber, even as a democrat—you know I am in the minority, and we certainly do not agree on every issue—I have found that even the members that I disagree with the most have a lot of integrity. That is why I enjoy working in this chamber. And I have known this house to be independent. I have known this house to be courageous, and that gives me a lot of faith in this process, even when things do not go my way on the floor—which is most of the time, as you can imagine.
LITTLE: I share your faith in this process and the faith in the members here. And I believe that—and I think you will agree—that the lights that are going to go up on the board here later today, they are the product of sincere disagreement about this topic and not the threats of the governor. Wouldn't you agree?
TALARICO: I certainly hope that is true, yes.
LITTLE: And you believe in the Texas Constitution, yes?
TALARICO: Yes, sir.
LITTLE: In fact, you right alongside me—I think your desk is right back there—you took an oath in this very room to uphold that Constitution, correct?
TALARICO: Yes, sir.
LITTLE: So Article III of the Texas Constitution vests the legislature with power in this state and in this chamber and in the senate to make laws. Does it not?
TALARICO: Yes, sir.
LITTLE: And Article III of the Texas Constitution provides that no law—none, zero—no law shall be passed except by bill. Does it not?
TALARICO: Yes, I am amending the bill. Yes, sir.
LITTLE: And Article III provides that bills may originate in either house and, when passed, may be amended, offered, or rejected by the other, right?
TALARICO: Yes, sir.
LITTLE: So the house can reject it, or the senate can reject it.
TALARICO: That is right.
LITTLE: Not the voters in this state, correct?
TALARICO: No, that is incorrect because these bills can be amended to require voter approval. I mentioned in my layout the times in our state's history that we have done this. One in the 1980s was—Governor Mark White was trying to make the State Board of Education appointed by the governor rather than elected by the people. So they passed a bill, but they said the voters are going to have to sign off on this before it happens. So it went to the voters, the voters rejected it, and that is why Texans still elect their State Board of Education members. But then there was also the example of horse racing—and, again, this was before I was born, so I do not know the exact details of the horse racing issue—but that issue was put to the voters, and the voters approved it, and so then it became law. So it goes both ways—whether voters reject it or approve it—but as long as it is done by the legislature. Representative Little, I will certainly grant there is no citizen-led referendum in Texas—that is not allowed, as we all know—but the legislature can authorize a statewide referendum.
LITTLE: Representative Talarico, my understanding is this program is a $1 billion program, is that correct?
TALARICO: This voucher program?
LITTLE: Yes.
TALARICO: In the first biennium, yes. The fiscal note says it is going to grow to $7 billion in the second biennium.
LITTLE: Why did we not seek a statewide referendum on the over $8 billion educational funding bill we just passed? Why weren't you up there offering to amend that and sending that to the voters?
TALARICO: You know, I would certainly be open to sending as many big investments to the voters as possible. The thing I would say is particularly special about this issue is how controversial it is and how controversial it has been throughout our state's history. You know, there is not a lot of debate for and against paying teachers. As you saw with the board on this issue, there was unanimous, or near unanimous, consent from this body to fund our public schools—even though I do not think it is quite enough. I do think this issue is different. As you know, there is bipartisan opposition to vouchers. It failed to pass in the last legislative session because of bipartisan opposition. And then I would add one more thing, which is the influence of big money on this topic in particular. As you know, Jeff Yass, an out-of-state billionaire—
LITTLE: I believe this is personalities. Is it not?
TALARICO: —gave $12 million to Greg Abbott—
LITTLE: If we are going to delegate—Representative Talarico, if we are going to delegate our lawmaking authority directly to the people, why do we need to be here at all? Why do we not just do that with every bill? Is there a good reason to do that?
TALARICO: I would say—and this is just my opinion as a member of the body—is that when an issue is going to have such an impact—such a historic impact on such a critical service like public education—when an issue may raise—and I think will raise—people's property taxes across the state, then that issue—especially when there is bipartisan opposition, especially when there is historical controversy about the issue—to me—and, again, Representative Little, this is not up to me, this is up to our body—but I think this body is justified in sending this issue to the voters for their approval because of its impact on public education and because of its impact on taxes. And I agree with the members of this body in past sessions that taxpayers should have the final say before their taxes go up, and I think that applies to this bill more so than many others.
LITTLE: But how does this body decide which bills rise to the question of needing to go to the voters and which bills are important for us to vote on? For example, we just passed a bill related to education that is over eight times the size of this one, and there was no animus in this body to send it by referendum to the voters. So how do you suggest we decide which controversial issues—that may or may not have bipartisan opposition—that we send to the voters?
TALARICO: So I will give two thoughts. One is how do we decide. The people of this body decide with those lights up on the board. That is how we make big decisions—
LITTLE: We vote on it?
TALARICO: That is how we make big decisions on a whole host of topics. Second, I have just outlined in my own personal opinion how I would consider sending certain issues to voters. And I think depending on the scope, depending on the impact on services and taxes, and depending on the level of controversy and opposition, to me as a lawmaker—as an individual lawmaker—those would play heavily into my decision on whether something should get voter approval.
LITTLE: So Representative Talarico, if I am hearing what you are saying correctly, it sounds like we as a body should decide this issue is simply too important for us to consider in the Texas House of Representatives and it must be considered by the people. And then we just vote and decide, yes, we all agree this issue is too important for us to consider and the voters must vote on it on the ballot.
TALARICO: One thing I would clarify, Representative Little, is that by passing the bill—let us assume we put on this amendment that would require voter approval before implementation—then I would assume the bill would pass with the amendment on it. So we as a legislature—it is not that we are abdicating our responsibility; we are designating this issue, in particular, for voters to decide. So just by sending it to the voters, we are already designating this as an issue of importance. We are not just saying that we are going to vacate our jobs and we are just going to send every single item that comes before the legislature to the voters. That is not what I am advocating for. What I am advocating for is if we as a body deem that an issue is of such historical importance and will have such an impact on a key service like education and on taxes, that that issue rises to the level that we should seek voter approval.
LITTLE: Why is it historically important?
TALARICO: Representative Little, I will just add that this is not up to me. The only way we will get voter approval on this issue is if this body decides to do so, and that is true on any item that we take up. So I am just coming as one legislator, and I am saying that I believe that this issue rises to the level that we should get voter approval. And, again, there is historical precedent. When looking at those historical examples, the reason that those were sent to the voters is because they were particularly controversial—because the body was unclear on its stance on those issues. So those issues were put to the voters, others were not. And all I am doing is proposing that the issue of vouchers—because of its historical controversy, because of its bipartisan opposition, and because of the impact it will make on Texans—I think, as an individual legislator, that this issue rises to the level of seeking voter approval. And Representative Little, if you disagree—and I respect your opinion if you disagree—I would encourage you to vote no on the amendment.
Representative Buckley moved to table Amendment No. 3.
TALARICO: I think if any issue should go to the voters, it is this one. I also think this amendment is particularly important because of the pressure and the threats made by the executive branch. Chairman Buckley is a friend of mine, but I think that the motion to table—rather than allowing this to be the will of the house—is an example of that influence from the executive branch, and as a member, I resent that. I ask you to stand up for your constituents—
REPRESENTATIVE ZWIENER: Representative Talarico, you and I have had multiple conversations about the potential constitutionality of this language, correct?
TALARICO: Yes, I believe strongly in the Constitution and would never want to bring an amendment to the floor that would threaten or violate that Constitution.
ZWIENER: So you and I both believe strongly that this amendment is consistent with the Texas Constitution based on history and based on our reading of the text?
TALARICO: Yes. Legislative Budget Board, Legislative Reference Library have also confirmed.
ZWIENER: So Representative Talarico, Section 9 of the bill has a severability clause, correct?
TALARICO: Of the amendment?
ZWIENER: No, of the bill. So Section 9, as I understand it, says that if this legislation is challenged in court, that the different sections of the bill are severable from each other.
TALARICO: Yes.
ZWIENER: So that means—my understanding, tell me if you agree, is that if you and I were wrong—which we do not think we are—but if we were wrong and this language was not constitutional, this language would not endanger the underlying legislation from going into effect. Is that correct?
TALARICO: Yes, that is correct.
ZWIENER: So members, regardless of the potential constitutionality—which we believe it is constitutional—would not endanger this underlying bill by supporting your referendum. Is that correct?
TALARICO: Yes. This amendment is constitutional. This amendment has historical precedent, but if for some reason it was still challenged in court and it was somehow deemed unconstitutional, it would not threaten the bill itself.
The motion to table prevailed by (Record 244): 86 Yeas, 62 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
REASON FOR VOTE
Representative Cain submitted the following reason for vote to be printed in the journal:
I voted against this amendment out of a deep and sincere respect for the constitutional order prescribed by our forebears—not out of a lack of trust or confidence in the will of the voters. The issue is this: Representative Talarico's amendment is at odds with the Texas Constitution and over a century of legal precedent. The proponents of the amendment asserted that the Legislature has previously allowed matters to be submitted to the voters, but multiple wrongs do not make a single right. After all, our state’s constitution is clear: “No law shall be passed, except by bill.” This language is sufficiently plain for any Texan to understand. In 1911, the Court of Criminal Appeals said, “The transfer of the enactment of laws to the people to be made operative by their votes is … directly subversive of our constitutional form of government.” In 1915, the same court said, “The Legislature cannot delegate its delegated authority. Whatever of delegated authority is expressed in the Constitution must of necessity remain as specified. Such delegation is incapable of being redelegated.” And in 1856, the Texas Supreme Court said, “The constitution does not provide for such reference to the voters to give validity to the acts of the legislature. We regard it as repugnant to the principles of the representative government formed by our constitution. Under our constitution, the principle of lawmaking is that laws are made by the people—not directly, but by and through their chosen representatives. By the act under consideration, this principle is subverted, and the law is proposed to be made at last by the popular vote of the people, leading inevitably to what was intended to be avoided: confusion and great popular excitement in the enactment of laws.” The laws of this state rightly restrain the Legislature and its members from shirking their duties to consider, debate, and act upon the important measures before them, regardless of how controversial those measures may be. When the Legislature acts in excess of its constitutional authority, it betrays the solemn duty entrusted to it by the people. For it is through the Constitution that the people delegated the lawmaking power; and it is by the Constitution that the Legislature is restrained from redelegating that lawmaking power—whether to the people or to another branch of government. See Tex. Const., art. I, §§ 2, 29; art. II, § 1; art. III, §§ 1, 29–31; art. IV, § 1; art. V, § 1.
Amendment No. 4
Representative Turner offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) by striking the enacting clause (page 1, line 4).
(Harris in the chair)
AMENDMENT NO. 4 - REMARKS
REPRESENTATIVE TALARICO: I want to—since we're talking about the whole bill—have a chance to ask you some questions about CSSB 2. So first, I just want to make sure I understand this correctly: The student has to be accepted by the private school before they can get the voucher. Is that correct?
REPRESENTATIVE BUCKLEY: Well, they can apply for the ESA and get into the program, but they do have to be accepted and be admitted to a private school to be enrolled.
TALARICO: And there's no requirement in the bill that the private school must accept the student who is applying for the voucher?
BUCKLEY: There's no automatic enrollment, no. They do not have to.
TALARICO: So the ultimate decision about who participates in this program lies with the private school and not the parent. Is that correct?
BUCKLEY: Yes, it relies on the admission standards and what a private school will do to make sure that it's a good fit for that child to receive the best education.
TALARICO: So it's not so much school choice as it is the school's choice. Is that correct?
BUCKLEY: No, it's the parents' choice. I mean, the parent chooses that pathway. They're the ones that are driving that decision, and parents will seek the environment that's best for their kids. That's what happens in my district, anyway.
TALARICO: But we just established that the ultimate decision doesn't lie with the parent, it lies with the private school that can deny admission to any kid for any reason.
BUCKLEY: Well, there are standards as far as transfers in public schools, where they don't take every transfer—every child that shows up that wants a transfer. They don't even allow students to transfer from campus to campus. There's always a standard for admittance. Unless your zip code dictates it.
TALARICO: But the local neighborhood school can't deny you admission. Is that correct?
BUCKLEY: If you're in the zone, you're admitted.
TALARICO: Okay. I want to talk about the fiscal impacts of this bill. What is the projected cost of the bill in the fist biennium?
BUCKLEY: One billion dollars.
TALARICO: And what is the projected cost of the bill in the second biennium?
BUCKLEY: Well, it's projected. It's based upon estimates and guesses of students that would participate. At this time, we just don't know, and in the future, it's entirely subject to appropriation.
TALARICO: But the Legislative Budget Board does forecast what it will cost in the second biennium in the fiscal note?
BUCKLEY: Yes, they make an estimate using assumptions.
TALARICO: And what is that estimate for what this program will cost in the second biennium?
BUCKLEY: I'll have to look it up. Again, it's an estimate, but it is subject to this body—the appropriation.
TALARICO: Sure, I understand how that process works, but I'm asking what the estimate is for the cost of the program in the second biennium.
BUCKLEY: Well, based on some of their assumptions and all that, it could increase to levels of $3 billion a year. It may or may not do that. We literally don't know. And it is subject to appropriation, so it will really be whatever this body decides to invest.
TALARICO: So the forecast is that in the second biennium this program would cost $7.1 billion. Is that correct?
BUCKLEY: That's LBB's assumptions.
TALARICO: Yes, and in the Education Committee, you called the Legislative Budget Board that wrote this fiscal note "the gold standard." Is that correct?
BUCKLEY: Well, it's the gold standard for what we do here. It's required that the LBB weigh in on fiscal notes on all legislation that we pass.
TALARICO: So the gold standard, the LBB, is projecting that this voucher program will grow to $7.1 billion in the second biennium. The school finance bill that we heard earlier, what was the total cost of that?
BUCKLEY: It was about $8 billion.
TALARICO: I want to talk about who will be getting these taxpayer funds. Do you know what the Legislative Budget Board is forecasting for what percentage of voucher recipients in the first year will be students already enrolled in private school?
BUCKLEY: They make a certain assumption. I don't recall what they said.
TALARICO: Is it true that the Legislative Budget Board is forecasting that 65 percent of voucher recipients in the first year will be students who are already in private school?
BUCKLEY: That is the assumption that they are operating under in their analysis.
TALARICO: In the second year, the LBB is estimating that 78 percent of the voucher recipients will be kids who are already in private school. Does that sound correct to you?
BUCKLEY: That's their assumption.
TALARICO: That's exactly what we've seen in other states, Mr. Chairman—that the vast majority of the voucher money ends up going to parents who are already sending their kids to private school to begin with. That's why the costs explode in the out years. In Arkansas, do you know what percentage of current voucher recipients were already in private school to begin with?
BUCKLEY: I'm not advised on that.
TALARICO: It's 82 percent. In New Hampshire, do you know what percentage of current voucher recipients were already in private school to begin with?
BUCKLEY: I do not.
TALARICO: It's 75 percent. In Florida, do you know what percentage of current voucher recipients were already in private school to begin with?
BUCKLEY: I am not aware of that.
TALARICO: It's 70 percent. In fact, I can't find a single state where the majority of voucher recipients weren't already in private school to begin with. So with this bill, we're taking money out of general revenue that could go to our underfunded public schools, and we're giving that money to parents who are already sending their kids to private school. Is that correct?
BUCKLEY: Well, it's really unknown who will apply. We do know that low-income families and single parents, at least in my district, are participating in private schools now. And these are not wealthy families, and they would certainly qualify under this bill. I think it's entirely appropriate that they're able to apply for this and gain some assistance sending their kids to the school of their choice.
TALARICO: Mr. Chairman, I'm just trying to go off the best numbers we have, which is from the gold standard, in your words, the Legislative Budget Board. They are forecasting that the vast majority of students who get this voucher are going to be kids who are already in private school. You said that this program costs $1 billion in the first year. Do you know, if we gave that $1 billion to our underfunded public schools, how much that money could raise teacher pay for each teacher in the State of Texas?
BUCKLEY: I don't have that calculation in front of me.
TALARICO: It's roughly $3,000. So that $1 billion that we are sending to parents who already have their kids in private school, if we sent it to our underfunded public schools, we could raise teacher pay by another $3,000. If we sent that $7 billion that this voucher is forecasted to cost in the second biennium, do you know how much that would raise teacher pay across Texas?
BUCKLEY: I do not.
TALARICO: About $11,000. So in the second biennium, if this program does grow to $7 billion, we could take that money and give it to teachers for an $11,000 pay raise.
BUCKLEY: I appreciate you joining me in investing in our public schools earlier in the day to provide historic funding for those schools. So what we're showing here in this body is that we can fund our public schools, provide teacher pay raises, and give parents an option—using a totally separate funding source outside of our Foundation School Program—and then also provide through general revenue, the possibility of families having an option.
TALARICO: Chairman, I voted for that bill in committee and on the floor, but I also made the point on this back microphone that it was inadequate to the crisis that our schools are facing. It doesn't even catch our schools up to 2019 funding levels, and every budget decision we make is a choice. Every dollar that we are spending on kids who are already in private school is a dollar that we are not spending on our underfunded public schools. Ninety-eight percent of public school students are attending a district that does not have the recommended number of counselors on campus. Do you know how much that $1 billion that we're spending in the first year of this voucher program—how many counselors we could hire?
BUCKLEY: I do know that HB 2 gave historic pay raises to counselors in Texas.
TALARICO: Based on my calculations, we could hire roughly 12,000 counselors to serve students. That's roughly twelve counselors per district. Does that sound correct to you?
BUCKLEY: If that's your math. If you can find that many counselors, I guess that amount of money would hire that many.
TALARICO: Maybe we could put some of it to counseling programs to prepare the next generation of counselors as well. If we spend the $7 billion that this is forecasted to cost in the second biennium, that would be 84,000 new counselors across the State of Texas. Does that sound correct?
BUCKLEY: I'm not advised on the math, but if you say so, I agree.
TALARICO: On average, Texas teachers spend $1,400 per year on school supplies. The Houston Chronicle reported that Texas teachers spend more money on out-of-pocket school supplies than teachers in any other state. So I'm looking at this, and we could wipe out those out-of-pocket expenses for all 300,000 Texas public school teachers with just half of what this voucher program is projected to cost in the first year alone, about $500 million.
[Representative Talarico moved to extend time. The motion was granted.]
TALARICO: Chairman Buckley, is it true that we currently have public school choice options in the State of Texas—magnets, academies, career and technical schools, public charter schools—that currently have long wait-lists?
BUCKLEY: In some parts of Texas there are wait-lists for charters and things.
TALARICO: Probably the same parts of Texas that have private schools in them? A majority of counties in the State of Texas do not have a single private school in them, as you know, Chairman. So with the $1 billion that you want to spend on this private school voucher program that will predominantly benefit people that are already sending their kids to private school, we could open more magnets, more academies, more career and technical schools, more public charter schools, eliminate the wait-lists, and provide real school choice options to every student in Texas. Is that not correct?
BUCKLEY: Well, CSSB 2 is a real school choice option. It provides the one link there that we don't have yet, and that's parent-directed funding to a school of their choice.
TALARICO: But Chairman, we established in the beginning of this back-and-forth that the ultimate choice for your program does not lie with the parents, it lies with the private school. It's not school choice—it's the school's choice, because private schools can deny admission to any kid for any reason they want. I'm talking about real school choice, which I support and have supported since I got to this body. If we used your $1 billion, instead of giving it to families that are already sending their kids to private school, we could eliminate the wait-lists on these real school choice options and expand those options for more families across the State of Texas. Could we not?
BUCKLEY: We are expanding options today through CSSB 2 to give our parents an additional option besides their public school or a charter school. Whether that's a public magnet school, a P-TECH school, there's all kinds of options. This is simply another tool in the toolbox for parents to utilize when it's in the best interest of their children.
TALARICO: As we established, this is a new option for kids who are already in private school. So the only option you're providing is for parents who are sending their kids to private school to get a discount on their private school tuition.
BUCKLEY: That's not true. This is absolutely an option for kids currently in public school.
TALARICO: Currently in public school?
BUCKLEY: Absolutely. With the ESAs, their parents can access an ESA and send their kids to private school.
TALARICO: If the private school accepts them, correct?
BUCKLEY: Absolutely, just like any other endeavor in school. Like I said, except if your zip code requires you to attend a certain school, then you have automatic admission. Any other way, there is some sort of admission criteria.
TALARICO: So instead of sending $1 billion in the first biennium and $7 billion in the second biennium to those underfunded neighborhood schools that have to take every student, that have to take the state test, that have to follow state rules, we are now going to send that money to unaccountable private schools where the parents are already paying tuition?
BUCKLEY: We are sending $8 billion to Texas public schools.
TALARICO: And it's not nearly enough.
BUCKLEY: We're going to use $1 billion to give parents the options they so readily deserve.
TALARICO: And the $8 billion does not even catch our underfunded schools up to 2019 funding levels, as we established earlier. I want to ask about curriculum. Unlike public schools, we, as lawmakers, and the parents of this state have no say on the instruction funded by our taxpayer dollars used in private schools, is that correct?
BUCKLEY: Yes, that's correct. Private schools have the autonomy to offer the curriculum that meets the needs of their students and their parents, and the parents have the ultimate say about that. Parents can vote with their feet. They can apply to a school based on the curriculum or not apply.
TALARICO: And as I've said many times in our committee, I think parents are the most important factor in a child's education. But parents are not the only ones that pay for education in this state. Those who don't have kids, those who have kids who are grown, they are also paying for our education system. So I want to ask you—
BUCKLEY: And parents who have kids in private school right now are paying taxes for their kids to go to public school, but they're choosing not to do so. So they're paying twice, Mr. Talarico.
TALARICO: And those public schools they are paying for with their taxes are open to them, correct?
BUCKLEY: I'm sorry?
TALARICO: Those public schools that those private school parents are paying for through their taxes, those schools are open to them if they choose to attend them?
BUCKLEY: Depends on their zip code.
TALARICO: Are you saying there's a zip code that doesn't have public schools?
BUCKLEY: No, but there's a zip code sometimes where you may live there and pay taxes, but you go to another zip code to take your kid.
TALARICO: And that's your choice?
BUCKLEY: Absolutely.
TALARICO: Absolutely. Under this bill, could our taxpayer dollars be used to host Drag Queen Story Hour?
BUCKLEY: Drag Queen Story Hour?
TALARICO: If a private school decides to have Drag Queen Story Hour, our taxpayer dollars will now fund that Drag Queen Story Hour.
BUCKLEY: This bill does not infringe on what our private schools can do.
TALARICO: So that's a yes?
BUCKLEY: Drag Queen Story Hours are in many of our public schools.
TALARICO: So that's a yes. Our taxpayer dollars will now be going to Drag Queen Story Hour if private schools choose to do that.
BUCKLEY: I don't think there's an assertion that that would happen.
TALARICO: What about private schools that choose to teach critical race theory, which has been banned in Texas public schools? Will our taxpayer dollars, under your bill, now go to fund critical race theory instruction in private schools?
BUCKLEY: Private schools have the autonomy to select the curriculum they want to teach, and parents ultimately have the autonomy to attend or not.
TALARICO: Exactly, but now my taxpayer dollars are going to fund that critical race theory instruction in a private school if they choose to teach that. Is that correct?
BUCKLEY: Your taxpayers dollars right now, Mr. Talarico, are paying for all sorts of activities in public schools across Texas.
TALARICO: That's incorrect. I was here on the house floor when we banned critical race theory in our public schools. The point is in a public school, the curriculum is informed by the taxpayers and by their elected representatives. That is not true in a private school. There is no democratic process to determine what's taught. There are no rules. There are no mechanisms to enforce taxpayer accountability.
BUCKLEY: But the funds go toward tuition for the school, and ultimately the part that's hard for some folks to grasp is that parents have this ability to decide whether or not that's the setting they want their kid to be in or not.
TALARICO: And we have no problem with parents making that choice. They can currently make that choice today. What you're asking us to do is take our taxpayer funds and give those funds to unaccountable private schools that don't have to be accountable to the taxpayer.
BUCKLEY: These schools are accredited, and they are ultimately accountable to parents.
TALARICO: And as we established, parents aren't the only ones who pay for public schools. All of us pay for public schools, and that's why public schools are accountable to us. It's why we can run for school board. It's why we can elect state representatives who can determine what's taught and what's not taught. None of that will be true for private schools, as you've already admitted. Is that correct?
BUCKLEY: I'm sorry can you repeat that please? I lost you.
TALARICO: I'll move on. Under this bill, we would be sending billions of taxpayer dollars to unaccountable private vendors to implement this school voucher program. Are you aware that Odyssey is one of the out-of-state private vendors that is lobbying for this bill here at the Texas Capitol?
BUCKLEY: I believe they are a certified education assistance organization that could potentially apply through an RFP to have some part in this program.
TALARICO: Are you aware that in implementing a voucher program in Idaho, Odyssey was caught making at least $180,000 worth of ineligible purchases under their program?
BUCKLEY: No, and I trust our comptroller's office to have rigid standards to make sure that taxpayer funds are completely protected.
TALARICO: And the comptroller will be the only one who decides which vendors are chosen to get our taxpayer funds under this new bill?
BUCKLEY: Well, the comptroller will certainly decide the organizations that will manage the program.
TALARICO: And the comptroller, like all statewide officials, can accept unlimited campaign contributions. Is that correct?
BUCKLEY: You mean the comptroller, him or herself? Yes, they are under the campaign ethics laws that you and I operate under.
TALARICO: Are you aware that an out-of-state billionaire who funded primary campaigns against sitting members of this body gave half a million dollars to Odyssey, this vendor that we're talking about?
BUCKLEY: I am not advised on any campaign donations to anybody.
TALARICO: Is there anything is this bill that subjects these private vendors to existing state conduct and conflict-of-interest rules?
BUCKLEY: Yes, through the RFP process. All of that is vetted by the comptroller as they go through their RFP process and select the best value for Texas.
TALARICO: So I just want to get an answer to my question. Is there anything in your bill that subjects these private vendors to existing state conduct and conflict-of-interest rules?
BUCKLEY: Our comptroller will obey Texas law to make sure the RFP process is fair.
TALARICO: The bill states that the comptroller may recover taxpayer dollars in cases of fraud and abuse, but it doesn't require them to do so. Is that correct?
Representative Buckley moved to table Amendment No. 4.
The motion to table prevailed by (Record 245): 85 Yeas, 60 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; Geren; Guillen; Harless; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole; Lopez, J.; Rose.
STATEMENT OF VOTE
When Record No. 245 was taken, my vote failed to register. I would have voted yes.
J. Lopez
REMARKS ORDERED PRINTED
Representative Martinez Fischer moved to print all remarks on Amendment No. 3 on CSSB 2.
The motion prevailed.
Representatives Troxclair and Flores moved to print all remarks on Amendment No. 4 on CSSB 2.
The motion prevailed.
Amendment No. 5
Representative Plesa offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 3 by striking lines 13 through 16 and substituting the following:
(c-1) Notwithstanding any other law, for a state fiscal biennium, the amount spent for purposes of the program may not exceed $1 billion.
Representative Buckley moved to table Amendment No. 5.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important committee business:
Geren on motion of Bonnen.
CSSB 2 - (consideration continued)
The motion to table prevailed by (Record 246): 85 Yeas, 59 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Bryant; 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Bucy; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Campos; Cole; McLaughlin.
STATEMENT OF VOTE
When Record No. 246 was taken, I was in the house but away from my desk. I would have voted yes.
McLaughlin
Amendment No. 6
Representative Simmons offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) in SECTION 2 of the substitute, between added Section 29.3521, Education Code, and added Section 29.353, Education Code (page 3, between lines 26 and 27), by inserting the following:
Sec. 29.3522. RESTRICTION ON EXPENDITURE OF APPROPRIATED MONEY. Notwithstanding any other provision of this subchapter, the comptroller may not spend money appropriated for purposes of the program for a state fiscal year unless the comptroller determines that for that fiscal year:
(1) the annual average base salary of an educator employed by a public school in this state is at least equal to the annual average base salary of a certified public school educator in at least 95 percent of the states; and
(2) the amount of state and local funding per student in average daily attendance statewide under the Foundation School Program is at least equal to the average amount of public school funding per student in at least 95 percent of the states.
Representative Buckley moved to table Amendment No. 6.
The motion to table prevailed by (Record 247): 85 Yeas, 59 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Campos; Cole; Garcia, J.
Amendment No. 7
Representative Simmons offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) Strike page 2, line 19, through page 3, line 26, and renumber subsequent sections and cross-references to those sections accordingly.
(2) On page 4, strike lines 4 through 11 and substitute the following:
(1) gifts, grants, and donations received under Section 29.370; and
(2) money returned to the comptroller under this subchapter for deposit into the program fund.
(3) On page 25:
(A) On line 18, strike "appropriated for purposes of this subchapter" and substitute "in the program fund".
(B) On line 23, strike "appropriated for purposes of the program" and substitute "in the program fund".
(4) On page 33, lines 14 and 15, strike "public or".
(5) On page 38:
(A) On line 21, strike "(a) Except as provided by Subsection (b) of this section,".
(B) Strike lines 24 through 26.
Representative Buckley moved to table Amendment No. 7.
The motion to table prevailed by (Record 248): 85 Yeas, 58 Nays, 2 Present, not voting.
Yeas — Alders; Ashby; Barry; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Button; Cain; Capriglione; Cook; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dyson; Fairly; 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; Noble; 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; Bryant; Bucy; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Bowers; Campos; Cole; Garcia, J.
Amendment No. 8
Representative Martinez Fischer offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 3, line 12, between "biennium" and the underlined period by inserting "and may not exceed the greater of the total amounts appropriated by the legislature for a fiscal year of the fiscal biennium for the purposes of funding public schools"
Representative Buckley moved to table Amendment No. 8.
The motion to table prevailed by (Record 249): 85 Yeas, 59 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Campos; Cole; Garcia, J.
Amendment No. 9
Representative Howard offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 3, between lines 26 and 27, by inserting the following appropriately lettered subsection:
(____) If for any state fiscal biennium the amount of money appropriated for the Foundation School Program is less than the amount of money required to fully fund the Foundation School Program for that biennium, as determined by the commissioner, the comptroller shall transfer money appropriated for purposes of the program under this subchapter for that biennium to the foundation school fund in an amount equal to the lesser of:
(1) the difference between the amount required to fully fund the Foundation School Program for the biennium and the amount appropriated for the Foundation School Program for that biennium; or
(2) the amount of money appropriated for the program.
Representative Buckley moved to table Amendment No. 9.
The motion to table prevailed by (Record 250): 85 Yeas, 61 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Cole.
Amendment No. 10
Representative Garcia Hernandez offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 4, between lines 11 and 12, by inserting the following appropriately lettered subsection and relettering subsequent subsections and cross-references to those subsections accordingly:
(____) Payments made by school districts under Section 49.154 for the purchase of attendance credits under Subchapter D, Chapter 49, may not be transferred to the program fund.
Representative Buckley moved to table Amendment No. 10.
The motion to table prevailed by (Record 251): 85 Yeas, 61 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Cole.
Amendment No. 11
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) in SECTION 2 of the bill by striking Section 29.3535, Education Code (page 4, lines 14 through 20), and substituting the following:
Sec. 29.3535. PROHIBITED PROMOTION OF PROGRAM. Notwithstanding any other law, the comptroller or any employee of the comptroller may not use program money, enter into a contract or agreement, or engage in marketing, advertising, or other activities to promote, market, or advertise the development or use of the program.
(Speaker in the chair)
Representative Buckley moved to table Amendment No. 11.
The motion to table prevailed by (Record 252): 86 Yeas, 61 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Cole.
Amendment No. 12
Representative Howard offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 4, strike lines 3 through 11, and substitute the following:
(b) The fund is composed of money appropriated to the fund under the General Appropriations Act.
(2) On page 33, strike lines 13 through 17.
Representative Buckley moved to table Amendment No. 12.
The motion to table prevailed by (Record 253): 84 Yeas, 59 Nays, 1 Present, not voting.
Yeas — Alders; Ashby; 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; Noble; 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; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Barry; Campos; Cole; Garcia, J.; Wharton.
STATEMENT OF VOTE
When Record No. 253 was taken, I was in the house but away from my desk. I would have voted yes.
Wharton
Amendment No. 13
Representative Walle offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 7, line 9, strike "and".
(2) Between lines 9 and 10, insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) the child is a member of a household with a total annual income that is at or below 85 percent of the state median income.
(3) On page 8, between "(2)" and "within", insert "subject to the income eligibility requirement under Section 29.355(a)".
(Landgraf in the chair)
Representative Buckley moved to table Amendment No. 13.
The motion to table prevailed by (Record 254): 83 Yeas, 57 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; Metcalf; Meyer; Money; Noble; 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; Collier; Cortez; Davis, A.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Campos; Cole; Davis, Y.; Garcia, J.; Jones, V.; McQueeney; Morgan.
STATEMENTS OF VOTE
When Record No. 254 was taken, I was in the house but away from my desk. I would have voted yes.
McQueeney
When Record No. 254 was taken, I was in the house but away from my desk. I would have voted yes.
Morgan
Amendment No. 14
Representative Bucy offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 7, strike lines 10-15 and substitute the following:
(2) the child is:
(A) eligible to:
(i) attend a school district or open-enrollment charter school under Section 25.001; or
(ii) enroll in a school district's or open-enrollment charter school's prekindergarten program under Section 29.153; and
(B) a member of a household with a total annual income that is below 500 percent of the federal poverty guidelines.
(2) On page 9, line 6, immediately following the underlined semicolon, insert "and".
(3) On page 9, line 10, strike "; and" and substitute an underlined period.
(4) On page 9, strike lines 11 through 13.
Representative Buckley moved to table Amendment No. 14.
The motion to table prevailed by (Record 255): 84 Yeas, 60 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; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Landgraf(C).
Absent, Excused, Committee Meeting — Geren.
Absent — Anchía; Cole; Hunter.
STATEMENTS OF VOTE
When Record No. 255 was taken, my vote failed to register. I would have voted no.
Anchía
When Record No. 255 was taken, I was in the house but away from my desk. I would have voted yes.
Hunter
Amendment No. 15
Representative Wu offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 8, between lines 5 and 6, by inserting the following appropriately lettered subsection:
(____) Notwithstanding Subsection (a) or (b), a child is not eligible to participate in the program during the period in which the child's parent is a state representative, state senator, or statewide elected official.
Representative Buckley moved to table Amendment No. 15.
(Speaker in the chair)
The motion to table prevailed by (Record 256): 85 Yeas, 60 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; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Lozano.
Absent, Excused, Committee Meeting — Geren.
Absent — Cole; Jones, V.
HOUSE AT EASE
At 8:38 p.m., the chair announced that the house would stand at ease.
The chair called the house to order at 9:28 p.m.
CSSB 2 - (consideration continued)
CSSB 2 - POINT OF ORDER
Representative Romero raised a point of order against further consideration of CSSB 2 under Rule 4, Section 41, and Rule 11, Section 2, of the House Rules on the grounds that the committee substitute is not germane to the original measure.
(Geren now present)
The point of order was withdrawn.
Amendment No. 16
Representative Gámez offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 13, line 12, strike "and".
(2) On page 13, line 16, between "Chapter 39" and the underlined semicolon, insert:
; and
(C) compliance with federal laws regarding the provision of educational services to a child with a disability, including:
(i) the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
(ii) Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.); and
(iii) Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
Representative Buckley moved to table Amendment No. 16.
The motion to table prevailed by (Record 257): 87 Yeas, 57 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; 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; Noble; 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; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Martinez; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Anchía; Cole; Lopez, R.; Manuel; Martinez Fischer.
STATEMENTS OF VOTE
When Record No. 257 was taken, I was in the house but away from my desk. I would have voted no.
Anchía
When Record No. 257 was taken, I was in the house but away from my desk. I would have voted no.
Manuel
Amendment No. 17
Representative Collier offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 11, line 23, strike "and".
(2) On page 12, line 8, between "29.153" and the underlined comma, insert the following:
;
(5) seek and exhaust financial assistance, including scholarships and grants and other than money provided under this subchapter, available to the child; and
(6) provide to the program participant's certified educational assistance organization an estimate of the difference between the amount of tuition and fees charged by the participating child's education service provider and the amount of financial assistance available to the child
(3) On page 22, between lines 6 and 7, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(____) Notwithstanding any other provision of this subchapter, the amount transferred to the account of a participating child each year may not exceed the amount of the child's estimated financial need identified under Section 29.357(a)(6).
Representative Buckley moved to table Amendment No. 17.
The motion to table prevailed by (Record 258): 87 Yeas, 59 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Manuel; Martinez; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Lopez, R.; Martinez Fischer.
Amendment No. 18
Representative Hinojosa offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 13, lines 14 and 15, by striking "a nationally norm-referenced assessment instrument or".
(Harris in the chair)
Representative Buckley moved to table Amendment No. 18.
The motion to table prevailed by (Record 259): 85 Yeas, 62 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; King; Kitzman; LaHood; Lambert; Landgraf; Leach; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole.
Amendment No. 19
Representative J. Jones offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing as follows:
(1) On page 13, line 12, strike "and".
(2) On page 13, line 16, immediately following the underlined semicolon, add the following:
and
(C) that the school reports to the agency and posts on the school's Internet website data regarding student enrollment disaggregated by household income;
Representative Buckley moved to table Amendment No. 19.
The motion to table prevailed by (Record 260): 86 Yeas, 61 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; Geren; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole.
Amendment No. 20
Representative Plesa offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 13, as follows:
(A) On line 12, strike "and".
(B) Between lines 16 and 17, insert the following:
and
(C) compliance with school safety requirements, as established by commissioner rule, in the same manner as a public school;
(2) On page 27, as follows:
(A) On line 11, strike "and".
(B) On line 19, between "requirements" and the underlined period, insert the following:
, including applicable school safety requirements; and
(3) the tuition charged by a private school to ensure that the school is not charging a participating child tuition in an amount greater than the amount charged to other students for purposes of funding the costs associated with the school's compliance with school safety requirements
Representative Buckley moved to table Amendment No. 20.
The motion to table prevailed by (Record 261): 86 Yeas, 60 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; Geren; 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; Noble; 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; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Anchía; Cole.
Amendment No. 21
Representative Bryant offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On line 12, strike "and".
(2) On line 16, after the underlined semicolon, insert "and".
(3) Between lines 16 and 17, insert the following:
(C) no member of a governing body with oversight over the private school has been found civilly or criminally liable, including under Chapter 261, Family Code, for concealing sexual abuse of a child.
(4) On page 16, between lines 3 and 4, by inserting the following appropriately lettered subsection to added Section 29.358, Education Code, and relettering subsequent subsections of that section and any cross-references to those subsections accordingly:
(____) Each applicant for approval under this section that is a private school shall, before submitting the application, disclose to the Texas Education Agency all records held by the school regarding abuse described by Section 261.001(1)(E), (F), (G), or (H), Family Code, of a student or minor, without disclosing the identity of the student or minor, by any employee of the school or adult under control of the school. The school shall submit with the application evidence that the school made the required disclosure.
Representative Buckley moved to table Amendment No. 21.
The motion to table prevailed by (Record 262): 84 Yeas, 62 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; Geren; Guillen; Harless; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Leach; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole; Hinojosa.
STATEMENT OF VOTE
When Record No. 262 was taken, I was in the house but away from my desk. I would have voted no.
Hinojosa
Amendment No. 22
Representative Reynolds offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 16, line 12, strike "and".
(2) On page 16, line 16, between "fund" and the underlined period, insert the following:
; and
(5) report to the comptroller and each certified educational assistance organization any complaints filed against the provider or vendor with the United States Department of Education's Office for Civil Rights.
(g-1) The comptroller shall provide for posting on the Internet website established and maintained for the program information regarding each complaint reported under Subsection (g)(5), including:
(1) the complaint's status with the United States Department of Education's Office for Civil Rights, if known;
(2) the date on which the complaint was filed;
(3) the nature of the complaint; and
(4) the resolution of the complaint, if applicable.
Representative Buckley moved to table Amendment No. 22.
The motion to table prevailed by (Record 263): 86 Yeas, 61 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; Geren; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole.
Amendment No. 23
Representative Reynolds offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 16, line 12, strike "and".
(2) On page 16, line 16, between "fund" and the underlined period, insert the following:
; and
(5) comply with the minimum standards adopted by the agency for bullying prevention under Section 37.0832
(Speaker in the chair)
Representative Buckley moved to table Amendment No. 23.
The motion to table prevailed by (Record 264): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 24
Representative Allen offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) Strike page 21, lines 20 and 21, and substitute the following:
(1) the estimated statewide average amount of state funding per student in average daily
(2) On page 22, line 16, strike "and local".
(3) On page 22, line 20, strike "and local".
Representative Buckley moved to table Amendment No. 24.
The motion to table prevailed by (Record 265): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 25
Representative J. González offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 16, between lines 9 and 10, by inserting the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:
(____) not use program money to pay the amount of any settlement agreement reached by the parties or any fee or fine imposed by a court in an action or proceeding brought by or against the provider or vendor;
Representative Buckley moved to table Amendment No. 25.
The motion to table prevailed by (Record 266): 85 Yeas, 60 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; 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.; Lowe; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Bowers; Cole; Louderback; Lozano.
STATEMENTS OF VOTE
When Record No. 266 was taken, I was in the house but away from my desk. I would have voted no.
Bowers
When Record No. 266 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
Amendment No. 26
Representative Johnson offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 19, strike lines 18-21 and substitute:
(b) Money transferred under the program to a participating child's account may not be used to pay:
(1) tuition or fees for services provided at a campus located in another state or country; or
(2) any person who is related to the program participant within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code.
Representative Buckley moved to table Amendment No. 26.
The motion to table prevailed by (Record 267): 87 Yeas, 57 Nays, 1 Present, not voting.
Yeas — Alders; Anchía; 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rosenthal; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Perez, V.; Rose; Shofner; Simmons.
STATEMENTS OF VOTE
When Record No. 267 was taken, I was in the house but away from my desk. I would have voted no.
V. Perez
When Record No. 267 was taken, I was in the house but away from my desk. I would have voted no.
Rose
When Record No. 267 was taken, I was in the house but away from my desk. I would have voted yes.
Shofner
When Record No. 267 was taken, I was in the house but away from my desk. I would have voted no.
Simmons
Amendment No. 27
Representative V. Perez offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 24, between lines 5 and 6, by inserting the following:
Sec. 29.3612. ALLOTMENT FOR CERTAIN SCHOOL DISTRICTS. (a) This section applies to a school district located in a county in which no accredited private schools are located.
(b) A school district to which this section applies is entitled to an allotment equal to the amount specified under Section 29.361 multiplied by the number of students in the district that is equal to the average percentage of primary and secondary school students who are participating children in counties in which an accredited private school is located.
AMENDMENT NO. 27 - REMARKS
REPRESENTATIVE E. MORALES: Representative Perez, it's been a long night, and I understand that a lot of us are tired. Let's try to see if we can make this quick for us and, more specifically, also because Chairman Harris really wanted to make sure. Is this a rural amendment?
REPRESENTATIVE V. PEREZ: It's an amendment that provides greater equity for students who don't necessarily currently benefit from CSSB 2, as it currently stands. Right now 60 percent of counties in Texas do not have a private school. This amendment seeks to remedy that.
E. MORALES: Wait. Did I hear 16 percent, or is it 60 percent?
V. PEREZ: Six-zero. Sixty percent of Texas counties do not have a private school.
E. MORALES: Sixty percent of Texas counties, mostly rural, have no private schools. Is that what you're telling this legislative body and those listening at home?
V. PEREZ: That's correct. And that's why you have many people coming from these counties. Again, they aren't necessarily anti-choice, they just have no options to exercise that choice.
E. MORALES: Does this amendment take away anyone's ability to use an ESA?
V. PEREZ: Not at all. Again, this is just about fairness and provides a benefit from the ESAs for students where no private school is located in their county.
E. MORALES: How does this amendment calculate the funding for rural school districts?
V. PEREZ: It looks at the utilization rate from other counties where students are taking advantage of the program. For example, if two percent of students are using the voucher program in an urban area, then that equivalent amount of two percent will go to a school district where these students have no choice.
E. MORALES: Is it consistent with the goal of educational opportunity for all Texas students?
V. PEREZ: Absolutely. It's a matter of equity and fairness and, ultimately, a good thing for all Texas students.
E. MORALES: Tell me and the rest of the legislative body why rural school districts should get a portion of ESA funds.
V. PEREZ: Again, it's not fair that taxpayers from rural areas subsidize a program where they derive no benefit. This amendment is seeking to remedy this issue by providing a benefit for students who otherwise won't exercise it under CSSB 2.
E. MORALES: What could this funding be used for in rural schools? Is it limited?
V. PEREZ: Again, it will go to fund the types of things that they are seeking to achieve with CSSB 2: enhancing educational opportunities, tutoring, and other classroom opportunities to ensure they have the same type of benefit.
E. MORALES: Is this amendment a pro-public school or anti-choice amendment?
V. PEREZ: It is a pro-equity amendment. It doesn't remove anybody's choices. It ensures that rural kids aren't excluded from this investment in education.
E. MORALES: Are you aware of any precedents for this kind of funding parity in other programs?
V. PEREZ: Yes. Texas already has hold harmless provisions and weighted funding in school finance to ensure fairness. And other states with ESAs, such as Arizona and West Virginia, have also faced similar pressure to provide this type of funding.
E. MORALES: So a vote for this amendment is a vote for rural schools?
V. PEREZ: Absolutely.
E. MORALES: And 60 percent of our schools are considered rural?
V. PEREZ: That's correct.
Representative Buckley moved to table Amendment No. 27.
REMARKS ORDERED PRINTED
Representative E. Morales moved to print remarks between Representative V. Perez and Representative E. Morales on Amendment No. 27 on CSSB 2.
The motion prevailed.
The motion to table prevailed by (Record 268): 88 Yeas, 60 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; 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; Noble; Olcott; Oliverson; Ordaz; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
STATEMENT OF VOTE
When Record No. 268 was taken, I was shown voting yes. I intended to vote no.
Ordaz
Amendment No. 28
Representative Goodwin offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 31, between lines 25 and 26, by inserting the following:
Sec. 29.3681. APPLICABILITY OF LAWS TO CERTAIN PRIVATE SCHOOLS. Notwithstanding any other law, a private school that receives more than 50 percent of the school's revenue from money appropriated for purposes of the program is subject to the same requirements of state and federal law, including any requirements related to reporting, as a school district.
Representative Buckley moved to table Amendment No. 28.
The motion to table prevailed by (Record 269): 86 Yeas, 61 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; 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; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Lowe.
STATEMENT OF VOTE
When Record No. 269 was taken, my vote failed to register. I would have voted yes.
Lowe
MIDNIGHT
The proceedings continued after 12 a.m., and the following actions occurred on Thursday, April 17:
Amendment No. 29
Representative Moody offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 33, between lines 12 and 13, by inserting the following:
Sec. 29.3691. TEACHER RETIREMENT SYSTEM HOLD HARMLESS. (a) The comptroller, in consultation with the agency and the Teacher Retirement System of Texas, shall annually calculate the amount by which the program impacts the Teacher Retirement System of Texas due to reduced school district and open-enrollment charter school student enrollment.
(b) From money appropriated for the program, the comptroller shall annually provide to the Teacher Retirement System of Texas an amount equal to the amount calculated under Subsection (a) to ensure the actuarial soundness of the system as described by Section 821.006, Government Code.
Representative Buckley moved to table Amendment No. 29.
The motion to table prevailed by (Record 270): 84 Yeas, 60 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; 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; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Martinez; Morgan; Noble; Richardson.
STATEMENT OF VOTE
When Record No. 270 was taken, I was temporarily out of the house chamber. I would have voted yes.
Noble
Amendment No. 30
Representative Rose offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 34, as follows:
(A) On line 8, strike "and".
(B) On line 26, between "Guard" and the underlined period, insert the following:
; and
(9) the following demographic information for each participating child:
(A) the child's grade;
(B) the child's age;
(C) the child's sex;
(D) the child's race or ethnicity;
(E) the school district in which the child resides;
(F) the district campus that the child would otherwise attend;
(G) the child's zip code;
(H) the child's date of enrollment in the program;
(I) the child's category under Section 29.356(b); and
(J) whether the child has a disability
(2) On page 35, as follows:
(A) On line 2, strike "and".
(B) On line 6, between "Section 1232g)" and the underlined period, insert:
; and
(3) disaggregate information included in the report by the demographic information described by Subsection (a)(9)
(C) Between lines 9 and 10, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(____) Not later than August 1 of each year, the comptroller shall submit a written report to the legislature summarizing the demographic information compiled under Subsection (a)(9).
(3) Strike page 35, line 12, through page 36, line 4.
Representative Buckley moved to table Amendment No. 30.
The motion to table prevailed by (Record 271): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 31
Representative C. Morales offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) on page 37, between lines 5 and 6, by inserting the following:
Sec. 29.375. NOTICE REQUIRED FOR CERTAIN SCHOOL DISTRICTS. A school district with not less than 50 percent of its student population identifying as Hispanic or Latino shall provide a written notice, in Spanish, to parents of students in the district of the availability of the program and of the requirements for participating in the program.
Representative Buckley moved to table Amendment No. 31.
The motion to table prevailed by (Record 272): 86 Yeas, 58 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Walle; Ward Johnson; Wu.
Present, not voting — Mr. Speaker(C).
Absent — Bernal; Cole; Pierson; Vo; Zwiener.
STATEMENT OF VOTE
When Record No. 272 was taken, my vote failed to register. I would have voted yes.
Pierson
Amendment No. 32
Representative Wu offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 37, between lines 5 and 6, by inserting the following:
Sec. 29.375. PROHIBITION AGAINST STATE LEGISLATOR SERVING ON GOVERNING BODY OF CERTAIN PRIVATE SCHOOLS. An individual serving as a state legislator may not serve on the governing body of a private school receiving money distributed under the program.
Representative Buckley moved to table Amendment No. 32.
The motion to table prevailed by (Record 273): 86 Yeas, 61 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Virdell.
STATEMENT OF VOTE
When Record No. 273 was taken, I was in the house but away from my desk. I would have voted yes.
Virdell
Amendment No. 33
Representative Turner offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 48.051, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Subject to adjustment under Subsection (a-1), for [For] each student in average daily attendance, not including the time students spend each day in special education programs in an instructional arrangement other than mainstream or career and technology education programs, for which an additional allotment is made under Subchapter C, a district is entitled to an allotment equal to the lesser of $6,160 or the amount that results from the following formula:
A = $6,160 X TR/MCR
where:
"A" is the allotment to which a district is entitled;
"TR" is the district's tier one maintenance and operations tax rate, as provided by Section 45.0032; and
"MCR" is the district's maximum compressed tax rate, as determined under Section 48.2551.
(a-1) Beginning with the 2026-2027 school year, the basic allotment provided to a district under Subsection (a) or (b) is adjusted annually to increase the allotment by an amount that is equal to the amount by which the percentage increase, if any, in the total amount of money appropriated for purposes of the education savings account program under Subchapter J, Chapter 29, exceeds the percentage increase in the basic allotment for the applicable school year.
Representative Buckley moved to table Amendment No. 33.
The motion to table prevailed by (Record 274): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 34
Representative Zwiener offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act takes effect only if the 89th Legislature, Regular Session, 2025, enacts HB 2 or other legislation that provides financing for public schools in a similar manner and that legislation becomes law. If legislation described by this section does not become law, this Act has no effect.
Representative Buckley moved to table Amendment No. 34.
The motion to table prevailed by (Record 275): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 35
Representative J. Jones offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) on page 13, line 12, between the underlined semicolon and "and", by inserting the following appropriately lettered paragraph and relettering subsequent paragraphs and cross-references to those paragraphs accordingly:
(____) all educators and administrators employed by the school meet the applicable requirements under Subchapter B, Chapter 21;
Representative Buckley moved to table Amendment No. 35.
The motion to table prevailed by (Record 276): 87 Yeas, 60 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Garcia, J.
Amendment No. 36
Representative J. Jones offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 21 as follows:
(1) On line 20, strike "85" and substitute "170".
(2) On line 23, between "agency" and the underlined semicolon, insert ", of which at least half must be used for tuition".
Representative Buckley moved to table Amendment No. 36.
The motion to table prevailed by (Record 277): 87 Yeas, 61 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; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
Amendment No. 37
Representative Wu offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act may be cited as the Siphoning Classroom Assets for Millionaires (SCAM) Act.
Representative Buckley moved to table Amendment No. 37.
The motion to table prevailed by (Record 278): 88 Yeas, 58 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Raymond; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Ordaz; Perez, M.; Perez, V.; Plesa; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Guerra; Muñoz.
(Harris in the chair)
Amendment No. 38
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) on page 13, line 12, between the underlined semicolon and "and", by inserting the following appropriately lettered paragraph and relettering subsequent paragraphs and cross-references to those paragraphs accordingly:
(____) all educators and administrators employed by the school meet the applicable requirements under Subchapter B, Chapter 21;
Representative Buckley moved to table Amendment No. 38.
The motion to table prevailed by (Record 279): 86 Yeas, 61 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; Geren; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole.
Amendment No. 39
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) by striking added Section 29.368, Education Code (page 30, line 25, through page 31, line 25), and renumbering subsequent sections of added Subchapter J, Chapter 29, Education Code, and any cross-references to those sections accordingly.
Representative Buckley moved to table Amendment No. 39.
The motion to table prevailed by (Record 280): 86 Yeas, 61 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; Geren; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole.
(Speaker in the chair)
Amendment No. 40
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 36, between lines 7 and 8, by inserting the following:
Sec. 29.3721. VIOLATION OF CERTAIN PROGRAM REQUIREMENTS; OFFENSE. (a) A person commits an offense if the person:
(1) knowingly misrepresents the person's accreditations for the purpose of gaining approval as an education service provider or vendor of educational products under Section 29.358;
(2) knowingly participates in the program while failing to meet the requirements of Section 29.358(b) in violation of Section 29.358(h);
(3) knowingly uses program money for an expense other than an expense approved under Section 29.359; or
(4) is a certified educational assistance organization and knowingly fails to comply with Section 29.367 or 29.371.
(b) The comptroller or an employee of the comptroller commits an offense if the comptroller or employee approves an education service provider or vendor of educational products for participation in the program knowing that the provider or vendor does not meet the requirements of Section 29.358(b).
(c) An offense under this section is a state jail felony.
Representative Buckley moved to table Amendment No. 40.
The motion to table prevailed by (Record 281): 85 Yeas, 60 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; Geren; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lambert; Landgraf; Leo Wilson; Little; Lopez, J.; Louderback; Lowe; Lozano; Lujan; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Leach; Luther; Romero.
Amendment No. 41
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) on page 13, line 12, between the underlined semicolon and "and", by inserting the following appropriately lettered paragraph and relettering subsequent paragraphs and cross-references to those paragraphs accordingly:
(____) to the extent feasible as if the private school were a school district, compliance with the substance of requirements or standards imposed under:
(i) Section 22.904(a), regarding mental health training for employees;
(ii) Section 37.108, regarding multihazard emergency operations plans; and
(iii) Section 37.351, regarding school facilities standards related to safety and security;
Representative Buckley moved to table Amendment No. 41.
The motion to table prevailed by (Record 282): 85 Yeas, 60 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; 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; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Bernal; Cole; Lujan; Villalobos.
Amendment No. 42
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee printing) as follows:
(1) On page 13, on line 12, strike "and".
(2) On page 13, between lines 16 and 17, insert the following:
and
(C) the provision of appropriate special education services to children with an individualized education program developed under Section 29.3615;
(3) On page 25, between lines 3 and 4, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(____) On receipt of a child's individualized education program developed under this section, a private school receiving money under the program shall implement the child's individualized education program and ensure that the child receives appropriate special education services.
Representative Buckley moved to table Amendment No. 42.
The motion to table prevailed by (Record 283): 84 Yeas, 60 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; Dorazio; Dyson; Fairly; 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; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; McLaughlin; McQueeney; Metcalf; Meyer; Money; Morgan; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Phelan; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Villalobos; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; DeAyala; Little; Ordaz; Virdell.
STATEMENT OF VOTE
When Record No. 283 was taken, I was in the house but away from my desk. I would have voted yes.
Virdell
(Harris in the chair)
Amendment No. 43
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report), immediately following added Section 29.368, Education Code (page 31, between lines 25 and 26), by inserting the following:
Sec. 29.3681. PROTECTED CLASSES. (a) Notwithstanding Section 29.368, a private school to which a participating child applies or in which a participating child enrolls may not discriminate in determining whether to admit the child or in providing services to the child, as applicable, on the basis of the child's membership in any federally protected class or household annual income level.
(b) The comptroller shall revoke the approval of an education service provider or vendor of educational products to participate in the program under Section 29.358 if the comptroller determines the provider or vendor violated this section.
Representative Buckley moved to table Amendment No. 43.
The motion to table prevailed by (Record 284): 85 Yeas, 59 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; Geren; Guillen; Harless; Harris Davila; Harrison; Hayes; Hefner; Hickland; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole; González, J.; Holt; Manuel.
STATEMENTS OF VOTE
When Record No. 284 was taken, I was in the house but away from my desk. I would have voted yes.
Holt
When Record No. 284 was taken, I was in the house but away from my desk. I would have voted no.
Manuel
Amendment No. 44
Representative Rodríguez Ramos offered the following amendment to CSSB 2:
Amend CSSB 2 (house committee report) as follows:
(1) On page 34, line 8, between the underlined semicolon and "and", insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) the salary and wage information reported by each education service provider and vendor of educational products that receives money distributed under the program under Section 29.3713;
(2) On page 35, between lines 11 and 12, insert the following:
Sec. 29.3713. PUBLIC POSTING OF SALARY AND WAGE INFORMATION REQUIRED. Each education service provider and vendor of educational products receiving money distributed under the program shall annually:
(1) post in a prominent place on the provider's or vendor's Internet website home page a link to a document listing the name, title, and salary or wage of every provider or vendor employee, including each superintendent or administrator; and
(2) submit the information described by Subdivision (1) to the comptroller for inclusion in the annual report required under Section 29.371.
Representative Buckley moved to table Amendment No. 44.
The motion to table prevailed by (Record 285): 86 Yeas, 60 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; Geren; 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; Noble; 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; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent — Cole; Martinez Fischer.
CSSB 2 - REMARKS
REPRESENTATIVE J. JONES: Mr. Speaker, members, let's talk about what this bill really is. They are calling it an "education savings account," but do not be fooled. ESA does not mean education savings account; it really means "elite subsidy assistance" because that is exactly what this bill does. It takes public dollars—money meant for public schools—and hands it to wealthy families to subsidize private school tuition they were already paying for. And who qualifies for this taxpayer handout? Families making up to $156,000 a year. And if not enough families use it, then people making any amount of money. That is craziness. That is not low income. That is not struggling. That is upper-middle class siphoning public dollars out of schools that serve everyone. That is not school choice—that is welfare for the wealthy. The only choice this bill guarantees is a private school's choice to reject our kids. They can reject students with disabilities. They can reject students with behavioral needs. They can reject kids because of their race, religion, gender identity, or if they simply do not fit. They can reject kids with autism. They can reject kids with special needs. Public schools cannot do that. Public schools educate everyone.
This bill is intentionally complicated, and that is no accident. They do not want everyday Texans to understand what is happening. They have wrapped it in fancy language. They're calling it "parent empowerment." They are saying it is giving kids a better chance, but here is the truth: Most Texans across party lines do not support vouchers. Instead of letting the people vote on it, they are ramming it through the Texas House on a party-line basis, far away from people's hometowns, hoping working families are too busy or too tired to notice. They are trying to sneak vouchers through the back door, but we are watching. They will not put it out to vote for the public. We see it for what it is, and we are not afraid to call it out. It is not about helping students. It is not about choice. It is about dismantling public education and giving handouts to people who already have access. This is elite subsidy assistance. This is welfare for the wealthy. This is a direct attack on public schools, and I respectfully urge my colleagues to do right by all kids. This bill is not well thought out. It is going to exclude. Most people do not truly have access to private schools. Who really wants to go to private schools where they do not have certified teachers? I will tell you in the Houston area—which is an area I represent—the private schools, the ones that we know are educating kids—are anywhere from $33,000 up to about $46,000. So $10,000 goes nowhere toward helping that. And as you learned tonight, even though my amendment was not accepted, the $10,000 has to be spread over things you need in private education. So I am asking you to do right by all kids. And although I do not represent a rural area, I fear for the rural areas because they do not have a lot of access to private schools. They are geographically spread out. How are people who have to work—if they are low income, they have to work—expected to drive their kids however far they have to drive in rural areas for their kids to attend private schools? It is not right. It is not fair. It is just wrong. I am going to end on this: It is not an education savings account—that is not what it is. It is—well, it is a voucher scam—but ESA does not stand for that. ESA stands for elite subsidy assistance; that is what it is.
(Dean in the chair)
REPRESENTATIVE ALLEN: I have to live with myself, so I want to be fit for myself to know—when I make a decision to close all the schools down in the state of Texas, when I make a decision to educate some children and deny others the opportunity to get a good education, I want to make sure that my soul rests easy because I have made a decision that made an impact on the lives of others—a positive impact—not one that took away opportunities for children. Who will make a difference in the lives that they will live? Thirty years from the day that we are no longer here, we will suffer the benefits of what we have done to our children. When the whole population of the State of Texas is functionally illiterate—51 percent already illiterate—I want to know that I made a difference in their lives by not denying them the opportunity to get a good education. We are turning back the hands of time, long before Brown v. Board of Education, and we must live with that decision we have made. I do not want my legacy to be that I sold out my children, my grandchildren, and my great-grandchildren and those that will come after me when I am long gone. I do not want my legacy to be that I tried—sold them out for a position, for money, for opportunity. That is not what I want. I want to know that I have made a difference in the lives of those who will come behind me. That those who will sit in this chamber during the times—those that will sit in this chamber after we have gone, I hope they look at our legacy as those who taught us to be good citizens and to make things different for people who will come behind us. I will live with no regrets for raising tuition on kids, damage on the life of a child, and that we all leave no child behind.
(Speaker in the chair)
REPRESENTATIVE MORALES SHAW: Members, for more than 20 years we have defeated the proposition to use state tax dollars to pay for private schools. Today, we have heard repeatedly the pitfalls and the bottomless pit—financial pit—of this bill. This is the opposite of a conservative bill, period. Boiled down, this voucher bill is not for the benefit of the majority of Texans. Yes, there are a few who can benefit, but—let us be clear—it is at the expense of the many. We have worked for weeks, and today we have spoken all day and night now. Members, we did this for the same reason that you would do it. We did this because our teachers, kids, and parents are worth fighting for. For those still listening, I am talking to you. Your rights are being impacted in a way that you did not invite, and you made clear to us—republicans and democrats—in polls and calls and e-mails that you do not want a Texas voucher bill. Because you and I both know that with adequate and timely funding of our public schools, our children thrive. And when children thrive, families thrive; when families thrive, our communities thrive; and when our communities thrive, our workforce thrives, and on and on. I am opposed to continuously defunding our schools by this kind of funding diversion tactic. Shame on Texas for not listening to the majority of constituents. Shame on Texas for putting private interest before quality education, before our kids. Shame on Texas for ignoring our Constitution. I adamantly oppose Representative Brad Buckley's voucher bill.
REPRESENTATIVE RODRÍGUEZ RAMOS: I want to thank everybody that is in the gallery tonight, that is watching, and that had faith in their government. Please know we fought until the very end and we are still fighting, but the fight is not over tonight. Elections matter. That is why we need to continue to fight.
To understand the debate around school vouchers today, we have to talk about where they came from. The landmark 1954 Supreme Court decision Brown v. Board of Education declared racially segregated public schools unconstitutional. This was a major victory for civil rights and our nation's promise of equal opportunity. But in response across the south, including here in Texas, segregationists launched a campaign of massive resistance. In 1955, Texas Governor Allan Shivers formed the Texas Advisory Committee on Segregation in Public Schools, and they stated the mission plainly. The committee was created to solve what they called three major problems: the prevention of forced integration, maximum decentralization of school authority, and how the state could help local school districts maintain segregation. The committee's official report called the Supreme Court's decision in Brown v. Board of Education "clearly wrong and judicially unsound," and accused the court of rewriting the Constitution to suit its personal views. They attacked the legitimacy of the ruling, and they explicitly framed integration as a crisis, saying that "the beginning of the end of our liberty is upon us." The report urged Texas to follow the lead of other states. Does that sound familiar? Following the lead that had responded to integration by ending compulsory education, closing public schools, or offering tuition grants to attend private "whites only" academies. We are doing all of the above. It said—and I want to give a warning because they use this offensive language throughout their report—"Schools should be designated by the local boards as either 'white' or 'Negro.' Negro students should be assigned . . . to Negro schools, and white students . . . assigned to white schools." Over the years, the language of this mission—of this agenda—has changed, but the goals have not.
Today's voucher bill, CSSB 2, echoes the same agenda: draining resources from public schools and undermining the promise of equal education as a tool to keep one group of children separated from another. Mr. Speaker and members, we know better now. And because we know better, we must do better. Texans of all races and regions want strong neighborhood schools where every child has the freedom to learn and the resources to prosper—whether they live in the heart of Dallas, the Rio Grande Valley, or a rural town with just one stoplight; whether they are democrat or republican—we have heard from everybody. But this voucher scheme, just like the ones before, takes our public dollars and puts them in private hands. Let's be clear: This is not about school choice. This is about power not about the people. It is about whether our public dollars serve the public good or continue the long legacy of exclusion and division.
I believe in our Texas—a Texas where every child, no matter the zip code or the color of their skin, can walk into a fully funded public school and know they are seen, supported, and set up to succeed. That is the Texas our communities deserve, and that is the Texas we can build together if we have the courage to reject vouchers and stand on the side of justice. I want to say, as a product of public schools, when we invested in public schools, we invested in somebody like me. Although I dropped out of eighth grade, I was still able to return to school, get a bachelor's, a master's, and eventually a law degree because we invested in strong public schools that taught me how to think critically, that taught me how to read. So even though I took a detour in my life because of life's issues—life happening—I was able to come back and pick up where I left off. Because you all invested in me. There was a time in this state and in this country where we believed in investing in children. We need to get back to that time.
Members, I want to let everyone know that there is scripture up here that says, "I tell you on the day of judgment people will give account for every careless word they speak" (Matthew 12:36)—and every careless deed they make and every careless vote they take. So I encourage all of you to be mindful and invest in our children by voting against this bill.
REPRESENTATIVE FRANK: Everyone in this chamber would do anything to give your kids educational opportunity—anything to give your kids educational opportunities—and many of you have. Many of you have scrimped. You have given them either a great public school education or you have given them a great private school education, but the reality is many of you in this room have many more options to give your kids than the other folks in Texas. So every single one of us—whether it's your kids or your grandkids—you want to give your kids the best options that you can.
Members, what this bill does—even for those who may not like it, may not vote for it—it gives options that don't currently exist for those kids. It absolutely increases the options. Is it perfect? No. But does it increase options? Absolutely. Two years from now when we come back—Lord willing this bill passes—every single one of you will have some kids in your districts—it may be 10, it may be 20, it may be 1,000—that will have better options and better opportunities in their districts. Those kids and those parents will be so grateful for what we do today. I urge you to vote for the bill.
REPRESENTATIVE REYNOLDS: Members, I am going to make this brief. A lot of us have made a lot of points, but I want to say this: I am a proud product of public schools. It was the public schools that helped me as someone who grew up with a single mother. It was those public school teachers that gave me confidence that I lacked.
This bill, CSSB 2, essentially creates the have and have-nots. We are creating winners and losers. The haves, they are able to get a publicly funded tax subsidy to send their kids to private schools that they can already afford to send their kids to. Right? We know from all the data from all the other states that have implemented vouchers that about 75 percent of the people that benefit from them were already recipients of those private schools. They are just now receiving the largesse from our public tax dollars while our neighborhood public schools are crumbling—they are hemorrhaging. Many of them are closing down. As a result of vouchers, they are going to have larger class sizes. Some school districts will actually have to shut down. That is what we are going to see. So what we are going to see is a two-class system where many of the elite, many of the wealthy, many of the privileged, many of the Anglo, they are able to participate in the private school vouchers at the public taxpayer expense. For the have-nots, the disparities are going to exacerbate. We are going to see, potentially, more high school dropouts, less opportunities for those struggling neighborhood schools. Because Texas right now ranks 43 out of 50 states in funding per pupil. This, ladies and gentleman, can't be the Texas that we all are proud of. Every student should have the opportunity for a high-quality education, regardless of their zip code, their race, or their socioeconomic status. If we are going to pass this bill—there were so many amendments where we could have leveled the playing field, but we didn't. We wanted to be able to give the private schools the benefit of the public dollars with no strings attached. We did not have them have any kind of accountability—no transparency. They basically have the ability to discriminate. They can say they do not want the kids with disabilities—public schools cannot say that. They can say, "Hey, Mr. Johnny—his kid—he cannot come here if he looks like me. But if he looks of another hue, then sure he can come here." And they can do that. Religious—they can say, "We do not want Muslim kids at our school; we no not want Jewish kids at our school"—and they can do that.
So ladies and gentleman, we are on the wrong side of history with this bill. This is a solution in search of a problem. Our schools need more resources, not less. So I urge us to be on the right side of history. Let's not make this partisan. Education should not be partisan. I will close with this. Nelson Mandela said it best: Education is the most powerful weapon that we can use to change the world. We are relegating many of our minority, many of our underprivileged kids to second-class schools because they are going to lack the resources. And we are doing it on the backs of Texans. So this is un-Texan, this is unpatriotic, and this is un-American. I think we should vote no on CSSB 2 and invest in our public schools so that all of our kids have the opportunity to compete in a global economy.
REPRESENTATIVE KERWIN: There was an understanding among the founders of our great country two and a half centuries ago that the citizenship had to be educated—without which there was no possibility of meaningful self-governance or meaningful worship. So Thomas Jefferson was the first to express, in a concrete way, the vision of public education as forming citizens fit for self-governance, which has persisted until modern times. Part of the reason that we are talking about education reform and school choice now is because we know that system no longer fully fulfills its purpose. That is not an attack upon public education—we are very, very grateful to our educators—but we know the truth. It becomes obvious that we need to undertake significant measures to ensure that the vision of public education is nothing less than the defense of the American future itself. You know, when we think about our responsibility of stewardship, we, as officeholders, have three major issues we need to consider. We have to defend the past; we have to defend the present; and we have to preserve and defend the society and the institutions of the rule of law that we now have. School choice is the way to do that. What we are really doing is—yes, we are delivering positive improvements in the lives, in the education of our schoolchildren, but we have to understand that the enactment of school choice in the year 2025, by this legislature, means that Texas is vital and strong and free in the year 2050. There are children in elementary school today who are going to live, God willing, to see the twenty-second century. We have to ask ourselves: What kind of century is that going to be? When our American founders instituted public education in the United States, they were not just thinking about how it was going to be in the year 1788. They were looking at an American future that they anticipated was going to stretch forward for centuries.
So we, Mr. Speaker, as officeholders, as educators, as parents, and as citizens who have children that love—that we love and care for and wish to see educated—we must commit ourselves to their future as well, knowing that when we enact school choice, when we achieve this long-sought goal, we are ensuring the success for their tomorrows. The Texas that we will not see but that if we do the right thing, the honorable thing—I know that is why we are here to vote today—school choice. Now let's get it done.
REPRESENTATIVE HINOJOSA: Mr. Speaker, members, friends of public schools in the gallery, and those watching, it has been a long, long fight. We have fought hard. We have fought for years, and I curse this fight every day because we have spent years focused on a voucher program that—even the fiscal note of this bill recognizes—will mostly go to students already in private schools, at a time when our public schools are in crisis. No matter whether or not this bill passes, 90-plus percent of Texas students will be in our public schools. This bill is everything that is wrong with politics. It is the interests of big money prevailing over everyday Texans. While I curse this bill, I feel blessed by this fight because it is in this fight that I have come to see the very best in people. I have made crazy friendships with people I would have never thought I would have come in contact with and shared such a strong passion with for our public schools—republican precinct chairs, suburban parents, home-school parents, rural coaches. So many people from different walks of life all want the same thing. We want strong public schools. Those friendships and those relationships have been a blessing to me; they have made my world bigger and have given me a new, deeper pride for our state that is through and through about public schools.
To be part of this movement—this coming together across party lines, across geography, across the state, across all the things that usually separate us at a time when our division in this country and in this state are so entrenched, are so ugly, and sometimes so dumb—to be a part of something real like this, motivated by all the right reasons, has just been the blessing of a lifetime. I give a heartfelt thanks to all the people who are fighting the good fight; all the people who have trusted me with their ideas, with their intel; and all the people who have worked for our students and our public schools. And I give a special shout-out to my Austin education friends who are there daily answering my distress calls always willing to help, never complaining. I could not do this—we could not do this—without you, and our public school students are lucky for you. This fight has made this great, big—smaller to me, easier to embrace.
Public schools are the ties that bind us. They are a shared experience because there is something about public schools that is worth protecting. I grew up in the Valley—in Brownsville, on the border—in a public school, before we had Robin Hood. Our schools were dirt poor, and I probably did not get the best academic education, but I got an education on life and people that made me who I am today. I remember a young man in my second grade class at Egly Elementary in a wheelchair. He had some condition, and he needed to be in an air-conditioned enclosure, and we did not have air conditioning at Egly Elementary then. So students took turns spending time with him in the air-conditioning enclosure, and he became the most popular kid in the whole school because you got a break from the heat, and he was a pretty cool kid. That is what public schools do; they connect us and bind us with people who are different from us. Probably when I look back on middle school, high school, most of my friends were from low-income families. I did not know. I did not care. I just cared that they were cool kids, and they were my friends. When it was time for me to put my own son in school, I put him in a public school. When the district decided to shut down his school because it was inefficient because of cuts to public education, I learned the power of a community of parents of public school, and I ran for the school board. And that is where I got my start, like so many members here today. And by the way, those were bipartisan efforts and endeavors, truly grassroots. This fight for our public schools returns us to our roots; it returns us to what matters: to our kids and our communities. And I believe that this fight against vouchers and this fight against the billionaires for our public schools is this wellspring in Texas that is going to shift the politics in this state. I believe this is going to be an awakening. Not so much democrat versus republican but more a populist movement where now we have everybody versus the billionaires and the private equity companies and the multinational corporations that are bilking our communities for all they are worth.
We the people, we relish breaking the mold of who we are supposed to be and who we are supposed to be allied with—we do not care. We recognize that we are all in this sinking ship together and sometimes politicians use what divides us so that they can enrich themselves at our expense, distract us from the grift, graft, and greed. I am done with politics as usual and so is every Texan I know—it is broken. So while this may be the end of this voucher fight, I think it is the birth of something new. I am not sure of exactly what, but I will tell you, all the prayers, all the messages, all the people tell me that this is not over, and until then, I remain forever team Texas public schools.
REPRESENTATIVE HICKLAND: There is nothing more Texan than freedom. This moment is so much bigger than all of us. I want to thank all of the people who came before us for decades, who have fought to level the playing field for decades. We have such a unique opportunity. We are so blessed to be the ones to finally push the button that unlocks the future and the potential and the destiny for all Texans. I want to thank Governor Abbott for having the courage to push forward with this issue—for listening to parents who were not able to come to the Capitol, who were not able to go to the rallies but were crying out for the opportunity to have access to the best option for their children. We get to be the ones to make that happen today. I am so grateful for Chairman Buckley, for Senator Creighton, for all of those who have worked so hard—and I am grateful for all of you who have come to this place with pure hearts wanting what is best for Texans. Thank you for the time that you have poured into this legislation—tried to make it better for the sake of all Texans. I am honored to be among you. I am so honored to be here. This is an issue that has a unique opportunity that can unify families. Now, parents may not have to take an extra job, and they can spend time together at the dinner table. They can dream about the opportunities their children will now have access to. This is monumental, and it is historic. God has blessed Texas.
REPRESENTATIVE WU: Members, I had prepared a speech that was going to thank our bipartisan coalition in standing up, whether we won or lost. It is with great pain that I saw so many of my friends and allies—people who have stood up in the past, like the 24 who stood up last time, knowing what was coming for them. Those people were true Texas heroes. They defended their communities and did what their people wanted despite the pressure from their donors, despite the pressure from their colleagues, despite the pressure from the lieutenant governor, despite the pressure from the governor. They stood and defended their communities. I do not know what happened to them. So I do not need to talk to you all. Everyone here has made up their mind. Half of you all are asleep. You know, half of the people are not paying attention, so it does not matter.
I want to talk to the people of the great State of Texas. I want to tell you that we have told the members here that doing this legislation—passing this law—greatly endangers our schools—our schools that are already hanging on by a thread. The money that would go to this program would have gone to our public schools, would have given our teachers a bigger pay raise, would have kept more schools open, would have made classrooms smaller. They do not care. They're scared of the governor. I told them that 75 percent of teachers right now are currently looking for other jobs. And as Dr. Buckley himself stated, more than 50 percent of the new teacher hires are uncertified. Those are the people teaching your children and your grandchildren. The certified teachers, the trained and licensed teachers that taught you will not be there for your children and grandchildren. And we have told them why academic performances are so low. Could it have anything to do with the 30 years of republican control, slowly and systematically defunding our school system bit by bit? It should not be any surprise that the people who complain about the school system—complain about how bad things are, complain about all the problems—are also the people who have been in absolute control of this state for 30 years. Complaining about a problem that you helped create.
They do not care. It does not matter. This is about politics—not what is best for your community, not what is best for your family. So we have told them that, hey, maybe Governor Abbott's polling is really bad because all of our polling, all of the other polling, all of the independent polling says this is overwhelmingly unpopular in the state. Actually one of our polls basically said that this is one issue that voters will make a single issue out of. But this is an issue that not only unites people from across the state, but unites democrats with republicans—even MAGA moms. We have told them—well we did not tell them, they told us that the calls they were getting were eight to one, nine to one. They do not care. What they are really telling you is that they are not afraid of you—their community, their voters, their people. They are not afraid of you; they are afraid of other things. They are worried about other things. They are worried about their politics. They are worried about being primaried and who is going to be mad at them. They are not worried about what their community wants because they know that you have been telling them again and again and again that your community overwhelmingly does not want this, that it hurts their local schools. It hurts their families. Even if some people can go, they cannot. So you leave them in a system that is failing even harder because it is taking away even more money.
To the people of this state, nothing will change until you do something. This fall when your children go back to school and you find out that multiple schools are closed, call your state representative. Ask them why they voted for this. When you go to your kids' classes, talk to their teachers and realize they are now teaching a classroom of 40 or 50. Tell them and ask them why they voted for this bill. And in December when they tell you that your schools are going from four days a week to no days a week, think about filing for office. Because if you do not demand change and you do not make the change, then change never happens. The good people of the state are fed up. They are fed up with the billionaires. They are fed up with the politicians who only do what they say. They are fed up with the special interests—the moneyed interests. They are sick and tired of it—and it is not just Texans, it is all over this country. Watch what happens in the next few months. The pain that the Trump Administration has caused, along with republican support, is going to hit everyone. Already you see markets crashing, small businesses are closing, and people are losing their jobs right now. And in the times that are going to become even tougher, people will see that you gave money to the rich.
REPRESENTATIVE TROXCLAIR: I cannot believe we are on the precipice of finally giving parents and students the choice and the education that they deserve. Parents have been waiting for this day for decades in Texas. Too many of our students—especially our low-income students, our minority students—are trapped in schools that are failing them. Not because they lack potential but because they lack opportunity. The current system is designed to keep them there. But this bill will give them a lifeline. This bill will give them a chance.
As a mom, I know that the one thing that all moms want is to do what is best for their kids and to give their kids a life that is better than what they had. And we will do anything—anything—to make sure that our kids get that. But I learned and began to care about this issue well before I was a mom. When I was an intern in this building when I was a junior in college, we were having conversations in the office. I was listening and learning. We met with teachers' unions, school boards, TASA—all these acronyms—and I learned what priorities were where. It occurred to me after that session that in not a single one of those conversations were students, student outcomes, and what was best for the kids of Texas—the topic was always about the adults. It was always about the benefits, about the protections, about the system. And today, it is finally going to be about the kids.
We know the outcomes for all students are going to improve. So when your local school starts, when your kids start thriving, when your outcomes improve, when a kid who was relentlessly bullied or a kid who could not afford to get the services they need—when those kids find the best fit for them and they start thriving, know that it is because leaders across this state, parents across this state, and now the legislators behind me have worked for decades to make this a reality. We know that we are spending over $15,000 per child per year in our public schools, and yet, almost 70 percent of our third grade Texas children cannot read on grade level. We cannot keep doing the same thing and expect a different result. Finally, today, we are doing something different. I am so honored and thrilled to be a part of that opportunity for every child in Texas to finally have access to the excellent education that they deserve.
REPRESENTATIVE L. GARCIA: If our children cannot read at grade level, then it is we who are failing them—the government. Over 5.5 million students attend public schools here in Texas. They are the heartbeat of Texas. While I have heard plenty of arguments praising vouchers, let us be clear: This bill does not serve those students. This voucher scam is a handout for the wealthy, not a lifeline for the children in our classrooms. It is not about expanding opportunity; it is about subsidizing privilege.
I am a proud product of public schools, and I carry that with me every day in this chamber. I did not grow up with a traditional family structure. My support system came from my educators, teachers, principals, and counselors. Those who saw my potential when I could not see it for myself. Public schools gave me a future, not because I was exceptional but because the system was designed to serve every child. I am standing here today because of a public education. A system that believes every student, regardless of their zip code, deserves a shot. This bill chips away at the fundamental promise.
CSSB 2 is a blank check with zero accountability. It redirects out constituents' hard earned tax dollars to private schools that are not required to meet the same standards, serve students with disabilities, or be transparent with how they spend their public funds. We hear a lot about parent choice, but what about the choice of parents who want their neighborhood school to have a full-time nurse, a school librarian, or enough certified teachers who are not exhausted and underpaid? That is the choice parents are begging for us to protect. Make no mistake: Parents across Texas have spoken. They do not support vouchers. They want us to invest in their neighborhood schools, not dismantle them. They want teachers respected and paid what they are worth. They want resources for mental health, enrichment, and real opportunities for their kids' futures. CSSB 2 delivers none of that. So I ask you: Why are we turning our backs on millions of Texan students? Why are we abandoning the thousands of teachers who pour their hearts into their classrooms while buying supplies out of their own pockets? This is not fiscal responsibility; it is financial injustice. Instead of giving billions away to the wealthy few, let's invest these dollars in public schools, where they are needed the most.
Public education is the greatest equalizer we have. It lifts communities, creates opportunities, and is enshrined in our state Constitution. We are duty-bound to protect it. A vote for this bill is not a vote for families; it is a vote for privatization at the expense of our public school system. And our constituents will remember. History will judge us by this moment. If CSSB 2 passes, we will look back and recognize it as the day we failed Texas students—when we chose politics over people.
REPRESENTATIVE CAIN: Today, we celebrate the passage of school choice legislation—a monumental step toward educational freedom. School choice, as I believe, is the civil rights issue of our time—empowering families to break free from failing systems. It ensures every child, regardless of background, has access to quality education tailored to their needs. This law restores parents' power, giving them the freedom to choose what's best for their children. And no longer will zip codes dictate destinies. We're unlocking opportunities, fostering competition, and igniting hope for generations. This is about liberty. This is about equality. Let's champion our children's future, because their freedom is our legacy. I urge you to vote yes on this bill.
REPRESENTATIVE WARD JOHNSON: Colleagues, I urge you to vote no on this bill. Right now, we have neighborhood schools that are closing, and this bill does nothing to help them. Right now, we have teachers who have to relocate, and this bill does nothing for them. The schools that are failing—it's not the students' fault. But what are you going to tell that student when they get this coupon to go to a private school and they're wait-listed? This bill does nothing for them. What about their parent who does not have the transportation to get to the private school? This bill does nothing to help them. So if you really care about all students, remember those who don't live near a private school. Remember those who live in neighborhoods where the neighborhood school is the pipeline to that neighborhood. When the neighborhood schools fail, those neighborhoods decline—people move out of those neighborhoods. The economic impact of this bill does not help. It's going to hurt the neighborhoods. So whose side will you be on? Please vote no.
REPRESENTATIVE A. DAVIS: Mr. Speaker, members, and, most importantly, all of the Texans watching tonight, I rise in opposition of this voucher bill knowing how harmful this policy is to our public schools and the families that they serve. In many communities, just like some of mine, the public school system is the largest employer in the area and is the only option for a lot of our families.
This issue has torn this body apart for decades, and now it's reached a fever pitch. We could and should have left this decision to the will of the voters and put this forth as a referendum. Fox News—Fox News—released a poll where 95 percent of Texas voters said they wanted this measure on a ballot. I know that a referendum is constitutional and is not unprecedented. And I know this because, in 1987, there was a referendum—not a constitutional amendment but a referendum—placed on a ballot where voters were to decide whether or not the State Board of Education should be elected by the people or appointed by the governor. The people made their voice clear. They wanted to elect, not appoint. They wanted to vote, weigh in, and be heard. Because of that 1987 referendum, I, my friend Representative Terri Leo Wilson, and my beloved colleague and mentor Dr. Alma Allen all had the esteemed privilege and heavy responsibility of serving on the State Board of Education.
We're spending billions of dollars on this initiative without approval from the voters. This is money that could be going to our kids and families that need it the most. It's diverting money away from our rural schools that are so small but very mighty. And we're taking money from our special needs kids and giving it to private schools that likely won't even accept them. But I want to tell you something: Many of you know my background is as a public teacher. I taught high school in DeSoto ISD and Irving ISD. I taught everything from ninth grade biology to high school advanced engineering. I also taught at a DAEP because I wanted to serve the students who needed me the most.
Tonight, my heart truly hurts. I'm not going to rehash everything that's been debated, so I want to talk directly to the people that have been affected by our actions: our students, their families, their teachers, administrators, counselors, and everyone who contributes to the students in our public schools. What we did tonight is not good, but we know our teachers are resilient. And I do want to take a moment to thank our teachers who were brave enough to contact many of us to tell us how important it was to fully fund our public schools. Those same teachers that are with our children each and every day, that give their all when they walk in to the school, and they leave it all on the line when they leave. I really and truly thank all of the educators for what they do for our children and our public schools. We can already predict how this is going to end because we see it in other states: Private schools are going to raise tuition; it's going to be a majority of students who are already in private schools who will benefit from this; and they won't accept a lot of our students who we said that we wanted this to go toward. We already know how this is going to play out. This is the same story that has played out in every single state that has adopted vouchers the way we have.
So I urge you to think twice about this. I know it's a hard decision, and I know it's a lot of pressure. But the pressure should be in making sure we have fully funded public schools that take care of each and every one of our children, that can't turn anyone away. And we need to thank our teachers more. There's been so many negative things said about public schools, yet many of you all are going to send your kids to one tomorrow. So we really need to think twice about what we're saying and how we're debating public schools, because they do so much each and every day with very, very little. So I stand firmly against this, and I hope you will too.
REPRESENTATIVE GARCIA HERNANDEZ: Thank you Mr. Speaker, members, gallery guests, and viewers at home. I'm speaking against CSSB 2 tonight because, just like so many of my other colleagues, I'm a proud product of public education. Public schools in the Panhandle, in Houston, in North Texas built me. I moved all over the State of Texas because I was raised by a single mother after losing my father to suicide. I've gone through a lot in my lifetime, but the people in public schools are what has kept me going. I wouldn't be who I am today without the support and encouragement of educators, staff, and counselors in my public schools. And that's why today, yesterday, and this morning is personal for me.
I was elected by a broad coalition of community members in House District 115—not just democrats but republicans as well—specifically to fight for our neighborhood schools. Yesterday and into this morning, there has been this push for school vouchers—a policy that we know siphons off taxpayer money away from public schools and hands it over to private institutions. Public dollars belong in public schools. Period. For those of us in recapture districts, the communities that are already sending millions—sometimes hundreds of millions of dollars back to the state—vouchers aren't just bad policy; they're a slap in the face to districts like mine. We're already doing our part. We're already sharing our local tax dollars to help fund schools in lower-wealth districts across Texas. That's part of our shared responsibility, and we've accepted that duty.
But now, while our schools are in deficits, we are about to divert funds to subsidize private education. My school districts—Coppell ISD, Carrollton-Farmers Branch ISD, and Dallas ISD—in 2023 and 2024 sent a total of over $73 million in recapture while operating under a $169.9 million deficit, translating into teacher layoffs, school closures, and program cancellations. I was even able to be present when I witnessed one of my school boards have to vote on school closures in our district. I got to hear firsthand the people in my school district testify—including little children begging that their schools not be closed. That's not fair for our students. That's not fair for our educators. And that's not fair for our taxpayers. We have amazing public schools. Our teachers are working miracles every day. Our parents are involved. Our kids are achieving, despite aging facilities, growing class sizes, and inadequate funding from the state. We should not stand by while our schools are auctioned off for billionaire financial gain. If you want to talk about choice, here's my choice: I choose to fight for our public schools. I choose to defend recapture communities from being used like ATMs. And I choose to vote no on CSSB 2. Members, please vote with me for our neighborhood schools. Please vote with me against CSSB 2.
REPRESENTATIVE SCHATZLINE: There has been a lot of discussion about providing education freedom for students trapped in failed schools, but I think it is important to talk about defending the freedoms of traditional private school and home-school families. If this bill passes, it is my understanding that there will be no change to the traditional home-school and private school families who choose to not participate in the ESA program. Is that you understanding as well?
REPRESENTATIVE BUCKLEY: Yes, that is correct.
SCHATZLINE: Does this bill specifically protect the religious liberties and curriculum preferences of ESA recipients who choose to educate at home?
BUCKLEY: Yes, that is correct.
SCHATZLINE: Does this bill specifically protect the religious liberties, curriculum preferences, hiring and firing standards, and behavioral standards of private schools and private school families who choose to participate in the ESA program?
BUCKLEY: Yes, that is correct.
SCHATZLINE: Great. While I hope that private schools do participate, is there any private school that is forced to participate in the ESA program?
BUCKLEY: No, they are not.
SCHATZLINE: While I hope that families do participate, as well, is there any family in public school, in private school, or in homeschool that is forced to participate in the ESA program?
BUCKLEY: No, there is not.
SCHATZLINE: And isn't it true that there is a direct connection between states with the highest educational outcomes, like Florida and Arizona, and their robust school choice program?
BUCKLEY: That is correct.
SCHATZLINE: And isn't it true that ESAs cost the Texas taxpayer less money than traditional public schools?
BUCKLEY: That is correct.
SCHATZLINE: Would you agree that there is a direct correlation between the introduction of school choice and vast improvements in educational outcomes statewide?
BUCKLEY: That is correct.
SCHATZLINE: Thank you, Dr. Buckley. Just a couple more—does this bill require that ESA recipients take the STAAR test?
BUCKLEY: No.
SCHATZLINE: Would it be fair to say that the main requirement for a private school to participate in the program is that they are accredited?
BUCKLEY: That is correct.
SCHATZLINE: And is it safe to say that traditional home-school families and traditional private school families who choose not to participate in the ESA program will continue to have the exact same freedoms that they do today if this bill passes?
BUCKLEY: That is correct.
SCHATZLINE: Three more. Dr. Buckley, you and I both know the sad truth is that the legislature does not need an ESA bill in order to take away the freedom of home-school families and private school families; however, at the same time, would you agree that the only way to give education freedom to all families, especially the many who are trapped in failing schools or schools that are indoctrinating our children, is to pass this piece of legislation?
BUCKLEY: That is correct.
SCHATZLINE: So is it safe to say that this bill is going to lead to more educational freedom, not less?
BUCKLEY: Yes, that is correct.
SCHATZLINE: I could not agree more, Dr. Buckley, and I cannot wait to give education freedom to every family in Texas.
BUCKLEY: It has been a long day, and I will be very, very brief. Today, you have had an incredible opportunity to do what is important for Texas, and that is to provide historic funding for your public schools but also to provide parents another tool in their toolbox to make sure that their kids receive the best education possible. This is a good day for Texas, a good day for Texas families, and I am honored to stand before you for a very long time today. I want to make sure to take this moment to thank Speaker Burrows and his staff for his support, but most of all, my colleagues—those that are with me and those that are not—for civil debate tonight, showing what is best about the Texas House. I also want to thank my staff for their incredible hard work and their commitment over the last few years, making sure we got to this point tonight. And lastly, but most importantly, I want to thank my family—especially my wife, Susan, who is here tonight. She keeps me pointed in the right direction; she is a constant source of encouragement and motivation.
CSSB 2, as amended, was passed to third reading by (Record 286): 86 Yeas, 63 Nays, 0 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; 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; Noble; Olcott; Oliverson; Orr; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Villalobos; Virdell; Wharton; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Flores; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Simmons; Talarico; Thompson; Turner; VanDeaver; Vo; Walle; Ward Johnson; Wu; Zwiener.
Absent — Cole.
REASON FOR VOTE
Representative Vasut submitted the following reason for vote to be printed in the journal:
Every parent in Texas can currently choose where their child is educated. But is that choice meaningful to all Texas parents? The single working mother struggling to make ends meet cannot afford private school. She cannot afford to take time off work to homeschool her kids. Instead, the only choice she can afford to make is to send her kids to a traditional public school that may not be the best fit for any number of reasons. That is not meaningful choice.
I am voting for CSSB 2 to ensure every parent in Texas has meaningful choice over their child's education.
I love my public schools. I am a product of the public education system. My kids will attend Angleton ISD. I just voted to increase public education funding by $8 billion (including teacher pay raises) and empower our educators to remove disruptions from their classrooms so they can teach. No provision of CSSB 2 will harm the public schools in my district; yet, without CSSB 2, thousands of Texans will be deprived of meaningful choice.
I love freedom. That is why I have authored legislation to protect parental rights, including the right of parents to homeschool their children free of government regulation.
CSSB 2 is an entirely voluntary program. Parents are free to apply for an ESA or not. Use an ESA or not. And the bill expressly prohibits regulations on private schools or homeschools because a parent accepts an ESA (Sec. 29.368). These conscience and curriculum protections are robust. Just because one family may choose an ESA does not mean a family who declines will be subject to regulation now or in the future.
CSSB 2 gives meaningful choice to our parents, it does not harm our public schools, and it protects homeschool freedom. I will affirm the views of a supermajority of Texans and 80 percent of my primary voters. I vote aye.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSSB 260 ON SECOND READING
(Bonnen - House Sponsor)
CSSB 260, A bill to be entitled An Act relating to the school safety allotment under the Foundation School Program.
CSSB 260 was considered in lieu of CSHB 124.
CSSB 260 was read second time and was passed to third reading by (Record 287): 148 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, 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.
Present, not voting — Mr. Speaker(C).
Absent — Cole.
CSHB 124 - LAID ON THE TABLE SUBJECT TO CALL
Representative Bonnen moved to lay CSHB 124 on the table subject to call.
The motion prevailed.
REMARKS ORDERED PRINTED
Representative Morales Shaw moved to print remarks by Representatives J. Jones, Allen, Rodríguez Ramos, Frank, Reynolds, Kerwin, Hinojosa, Hickland, Wu, Troxclair, L. Garcia, Cain, Ward Johnson, A. Davis, Garcia Hernandez, Schatzline, Buckley, and Morales Shaw on CSSB 2.
The motion prevailed.
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 569 ON SECOND READING
(K. Bell, Ashby, Buckley, Shaheen, E. Morales, et al. - House Sponsors)
SB 569, A bill to be entitled An Act relating to the provision of virtual education in public schools and to certain waivers and modifications by the commissioner of education to the method of calculating average daily attendance in an emergency or crisis for purposes of preserving school district funding entitlements under the Foundation School Program during that emergency or crisis; authorizing a fee.
SB 569 was considered in lieu of HB 2196.
SB 569 was passed to third reading by (Record 288): 113 Yeas, 33 Nays, 1 Present, not voting.
Yeas — Alders; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Capriglione; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Guerra; Guillen; Harless; Harris; Harris Davila; Harrison; Hayes; Hefner; Hickland; Holt; Hopper; Howard; Hull; Hunter; Isaac; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; McLaughlin; McQueeney; Metcalf; Meyer; Money; Moody; Morales, E.; Morgan; Muñoz; Noble; Olcott; Oliverson; Ordaz; Orr; Patterson; Paul; Perez, V.; Phelan; Pierson; Raymond; Richardson; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Vo; Wharton; Wilson.
Nays — Allen; Bryant; Canales; Collier; Davis, A.; Davis, Y.; Flores; Garcia, J.; Garcia, L.; Garcia Hernandez; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Johnson; Jones, J.; Jones, V.; Little; Martinez Fischer; Meza; Morales, C.; Perez, M.; Plesa; Reynolds; Rodríguez Ramos; Romero; Rose; Simmons; Thompson; Ward Johnson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Morales Shaw; Walle.
STATEMENT OF VOTE
When Record No. 288 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
HB 2196 - LAID ON THE TABLE SUBJECT TO CALL
Representative K. Bell moved to lay HB 2196 on the table subject to call.
The motion prevailed.
HB 213 ON SECOND READING
(by M. González, Moody, VanDeaver, L. Garcia, et al.)
HB 213, A bill to be entitled An Act relating to the inclusion of chronically absent students as students at risk of dropping out of school and the collection and reporting of data regarding those students.
HB 213 was passed to engrossment by (Record 289): 101 Yeas, 46 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Canales; Capriglione; Collier; Cortez; Craddick; Curry; Darby; Davis, A.; Davis, Y.; Dean; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Hinojosa; Holt; Howard; Hunter; Johnson; Jones, J.; Jones, V.; King; Kitzman; Lalani; Lambert; Landgraf; Longoria; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Ordaz; Orr; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schoolcraft; Simmons; Talarico; Thompson; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Alders; Cain; Cook; Cunningham; DeAyala; Dorazio; Gates; Harris Davila; Harrison; Hayes; Hefner; Hickland; Hopper; Hull; Isaac; Kerwin; LaHood; Leach; Leo Wilson; Little; Lowe; Luther; Metcalf; Money; Morgan; Noble; Olcott; Oliverson; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Shaheen; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Virdell.
Present, not voting — Mr. Speaker(C).
Absent — Campos; Cole.
STATEMENTS OF VOTE
When Record No. 289 was taken, my vote failed to register. I would have voted yes.
Campos
When Record No. 289 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 222 ON SECOND READING
(by Talarico, Buckley, Ashby, and Leo Wilson)
HB 222, A bill to be entitled An Act relating to the permissible uses of the school safety allotment under the Foundation School Program.
HB 222 was passed to engrossment by (Record 290): 100 Yeas, 47 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Button; Campos; Canales; Collier; Cortez; Craddick; Curry; Darby; Davis, A.; Davis, Y.; Dean; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Hernandez; Hickland; Hinojosa; Howard; Hull; Hunter; Johnson; Jones, J.; Jones, V.; King; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Louderback; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Ordaz; Orr; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schoolcraft; Shofner; Simmons; Talarico; Thompson; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wu; Zwiener.
Nays — Alders; Bonnen; Bumgarner; Cain; Capriglione; Cook; Cunningham; DeAyala; Gates; Harless; Harris Davila; Harrison; Hayes; Hefner; Holt; Hopper; Isaac; Kerwin; Kitzman; Little; Lowe; Luther; Metcalf; Money; Morgan; Noble; Olcott; Oliverson; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Shaheen; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; Vasut; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Morales Shaw.
HB 645 ON SECOND READING
(by M. González, Hull, Rose, and Noble)
HB 645, A bill to be entitled An Act relating to the provision of certain co-navigation services to individuals who are deaf-blind.
HB 645 was passed to engrossment by (Record 291): 114 Yeas, 33 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; Dorazio; Dutton; Dyson; 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; Hefner; Hernandez; Hickland; Hinojosa; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Noble; Ordaz; Orr; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schatzline; Schofield; Schoolcraft; Shaheen; Simmons; Smithee; Swanson; Talarico; Thompson; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wharton; Wu; Zwiener.
Nays — Alders; Cain; DeAyala; Harrison; Hayes; Holt; Hopper; Kerwin; Leach; Little; Louderback; Lowe; Lozano; Luther; Metcalf; Money; Morgan; Olcott; Oliverson; Patterson; Paul; Pierson; Richardson; Shofner; Slawson; Spiller; Tepper; Tinderholt; Toth; Troxclair; Vasut; Virdell; Wilson.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Morales Shaw.
STATEMENT OF VOTE
When Record No. 291 was taken, I was shown voting yes. I intended to vote no.
Cook
When Record No. 291 was taken, I was shown voting yes. I intended to vote no.
Hefner
CSHB 1458 ON SECOND READING
(by Metcalf)
CSHB 1458, A bill to be entitled An Act relating to the armed security officers required to be present at public schools and the appointment of reserve police officers by a school district police department.
CSHB 1458 was passed to engrossment by (Record 292): 146 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Cain; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; 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; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Morales Shaw; Wu.
HB 1022 ON SECOND READING
(by E. Morales, Kitzman, Howard, Curry, Lalani, et al.)
HB 1022, A bill to be entitled An Act relating to the course levels offered at Sul Ross State University Rio Grande College.
HB 1022 was passed to engrossment.
CSHB 141 ON SECOND READING
(by Manuel)
CSHB 141, A bill to be entitled An Act relating to the adoption of the revised Interstate Compact for the Placement of Children by the State of Texas; making conforming changes.
CSHB 141 was passed to engrossment.
HB 502 ON SECOND READING
(by Flores, Howard, Little, Moody, and Rodríguez Ramos)
HB 502, A bill to be entitled An Act relating to the confidentiality of identifying information of victims of certain offenses.
Representative Flores moved to postpone consideration of HB 502 until 10 a.m. Thursday, April 24.
The motion prevailed.
HB 643 ON SECOND READING
(by Gervin-Hawkins)
HB 643, A bill to be entitled An Act relating to the requirement for payment bonds from certain public work contractors.
HB 643 was passed to engrossment by (Record 293): 96 Yeas, 48 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Button; Capriglione; Collier; Cortez; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, L.; Garcia Hernandez; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Harris Davila; Hernandez; Hickland; Hinojosa; Howard; Hunter; Isaac; Johnson; Jones, J.; Jones, V.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leo Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Manuel; Martinez; Martinez Fischer; McLaughlin; Meyer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Ordaz; Orr; Perez, M.; Perez, V.; Phelan; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Schoolcraft; Shaheen; Simmons; Talarico; Thompson; Turner; VanDeaver; Villalobos; Vo; Walle; Ward Johnson; Wu; Zwiener.
Nays — Alders; Ashby; Bumgarner; Cain; Canales; Cook; Craddick; Dean; DeAyala; Gates; Harless; Harrison; Hayes; Hefner; Holt; Hopper; Hull; Leach; Little; Louderback; Lowe; Lozano; Luther; McQueeney; Metcalf; Money; Morgan; Noble; Olcott; Oliverson; Patterson; Paul; Pierson; Richardson; Schatzline; Schofield; Shofner; Slawson; Smithee; Spiller; Swanson; Tepper; Tinderholt; Toth; Troxclair; Virdell; Wharton; Wilson.
Present, not voting — Mr. Speaker(C).
Absent — Campos; Cole; Garcia, J.; Morales Shaw; Vasut.
STATEMENTS OF VOTE
When Record No. 293 was taken, I was shown voting present, not voting. I intended to vote yes.
Campos
When Record No. 293 was taken, I was shown voting yes. I intended to vote no.
Fairly
When Record No. 293 was taken, I was in the house but away from my desk. I would have voted yes.
J. Garcia
When Record No. 293 was taken, I was shown voting yes. I intended to vote no.
Harris Davila
When Record No. 293 was taken, my vote failed to register. I would have voted no.
Vasut
CSHB 3093 ON SECOND READING
(by Villalobos, et al.)
CSHB 3093, A bill to be entitled An Act relating to the calculation of certain ad valorem tax rates of a taxing unit for a year in which a property owner provides notice that the owner intends to appeal an order of an appraisal review board determining a protest by the owner regarding the appraisal of the owner's property.
CSHB 3093 was passed to engrossment by (Record 294): 143 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Alders; Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cook; Cortez; Craddick; Cunningham; Curry; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; 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; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Louderback; Lowe; Lozano; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Metcalf; Meyer; Meza; Money; Moody; Morales, C.; Morales, E.; 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; Simmons; Slawson; Smithee; Spiller; Swanson; Talarico; Tepper; Thompson; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Villalobos; Virdell; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Cain.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Darby; Lopez, R.; Morales Shaw; Shofner.
STATEMENTS OF VOTE
When Record No. 294 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 294 was taken, I was in the house but away from my desk. I would have voted yes.
Shofner
CSHB 1700 ON SECOND READING
(by Fairly, Shaheen, Frank, Howard, and E. Morales)
CSHB 1700, A bill to be entitled An Act relating to certain records of a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service.
CSHB 1700 was passed to engrossment.
CSHB 117 ON SECOND READING
(by Schoolcraft)
CSHB 117, A bill to be entitled An Act relating to the establishment of the governor's task force on the governance of early childhood education and care.
CSHB 117 was passed to engrossment by (Record 295): 119 Yeas, 24 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Ashby; Barry; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Button; Campos; Canales; Capriglione; Collier; Cortez; Craddick; Cunningham; Curry; Darby; Davis, A.; Davis, Y.; Dean; DeAyala; Dorazio; Dutton; Dyson; Fairly; Flores; Frank; Gámez; Garcia, J.; Garcia, L.; Garcia Hernandez; Gates; Gerdes; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris Davila; Hickland; Hinojosa; Holt; Hopper; Howard; Hull; Hunter; Isaac; Johnson; Jones, J.; Kerwin; King; Kitzman; LaHood; Lalani; Lambert; Landgraf; Leach; Leo Wilson; Little; Longoria; Lopez, J.; Lopez, R.; Lujan; Luther; Manuel; Martinez; Martinez Fischer; McLaughlin; McQueeney; Meyer; Money; Moody; Morales, C.; Morales, E.; Muñoz; Ordaz; Orr; Patterson; Paul; Perez, M.; Perez, V.; Phelan; Pierson; Plesa; Raymond; Reynolds; Richardson; Rodríguez Ramos; Romero; Rosenthal; Schofield; Schoolcraft; Shaheen; Shofner; Simmons; Smithee; Swanson; Talarico; Thompson; Troxclair; Turner; VanDeaver; Villalobos; Virdell; Vo; Walle; Ward Johnson; Wharton; Wilson; Wu; Zwiener.
Nays — Alders; Bhojani; Cain; Cook; Gervin-Hawkins; Harris; Harrison; Hayes; Hefner; Hernandez; Lowe; Metcalf; Meza; Morgan; Noble; Olcott; Oliverson; Rose; Slawson; Spiller; Tepper; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent — Cole; Jones, V.; Louderback; Lozano; Morales Shaw; Schatzline.
STATEMENT OF VOTE
When Record No. 295 was taken, I was shown voting yes. I intended to vote no.
Pierson
RECESS
Representative Guillen moved that the house recess until 9 a.m. today.
The motion prevailed.
The house accordingly, at 2:34 a.m. Thursday, April 17, recessed until 9 a.m. today.
ADDENDUM
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, April 16, 2025
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
Commemorating the 250th anniversary of the adoption of the American Declaration of Independence.
HCR 124
Craddick
SPONSOR: Sparks
|
Designating May 6, 2025, as Alzheimer's Advocacy Day.
Relating to the preparation for and the prevention, management, and potential effects of wildfires and to emergency communications in this state; authorizing an increase in the assessment on certain insurers that fund the volunteer fire department assistance fund.
Relating to the determination of a majority vote in certain elections.
Relating to the display of flags in public schools; providing a civil penalty.
Relating to renewable energy generation facilities; authorizing fees.
Relating to the exemption from sales and use taxes for certain aircraft components and other property required for normal aircraft operations.
Relating to discovery in a criminal case.
Relating to increasing the criminal penalty for the offense of interference with public duties.
Relating to information regarding perinatal palliative care; creating an administrative penalty.
Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.
Relating to increasing access to and reducing taxation of Internet services.
Relating to state oversight of county elections following a county election audit.
Relating to instructional facilities funding for certain open-enrollment charter schools.
Relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facility.
Relating to the procedures for modifying the schedules of controlled substances.
Relating to the regulation of composting in certain counties; authorizing a civil penalty.
Relating to a policy prohibiting the use of personal wireless communication devices by public school students during instructional time.
Relating to business organizations.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
April 15
Agriculture and Livestock - HB 2013, SB 767
Corrections - HB 3773
Delivery of Government Efficiency - HB 1851, HB 3666, HB 3711, HB 3770, HB 3963
Human Services - HB 3595
Insurance - HB 2275, HB 3306
Judiciary and Civil Jurisprudence - HB 745, HB 1990, HB 3223
Licensing and Administrative Procedures - HB 2349
Natural Resources - HB 1532, HB 1618
Pensions, Investments, and Financial Services - HB 3014, HB 3474 (corrected), HB 3803, HB 3804, HB 3805, HB 3806, HB 3833, HB 4238
Public Education - HB 1188, SB 569
Public Health - HB 155, HB 220, HB 879
State Affairs - HB 1544, HB 2869, HB 3272, HJR 98
Transportation - HB 1126, HB 1136, HB 1695, HB 1722, HB 2003, HB 2427, HB 2455, HB 2523, HB 2775, HB 2954, HB 2989, HB 3309, HB 3611, HB 3679, HB 3832
Ways and Means - HB 2742
ENGROSSED
April 15 - HB 39, HB 102, HB 126, HB 290, HB 300, HB 500, HB 2143