FORTY-FOURTH DAY (CONTINUED) --- TUESDAY, MAY 11, 2021
The house met at 10:23 a.m. and was called to order by the speaker.
The invocation was offered by Representative Pacheco as follows:
I humbly am going to recite a prayer by the late Representative Barbara Jordan at the National Prayer Breakfast in 1978: "Let us bow our heads, close our eyes, and open our hearts to the one who is greater than we. We are so human and inadequate to the task which is ours: to serve as your trustees for the benefit of your people. Help us to be mindful that we are not alone. When we need wisdom, we need only to ask for it. You have promised to bestow it liberally. When we are weak, and if we are patient, you will renew our strength. Strengthen us." Amen.
The chair recognized Representative K. Bell who led the house in the pledges of allegiance to the United States and Texas flags.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 18).
ADDRESS BY REPRESENTATIVE DARBY
The chair recognized Representative Darby who addressed the house, speaking as follows:
Last night in the community of Eden, two Concho County officers were tragically shot and killed in the line of duty while responding to a call. At this time, the names of the officers have not been released, but I ask that you please join me in a moment of silence to honor these two heroes and lift their families up in prayer for God's comfort and healing. And I ask that when we adjourn today, we do so in memory of these two dedicated officers.
REMARKS ORDERED PRINTED
Representative Canales moved to print remarks by Representative Darby.
The motion prevailed.
(Speaker pro tempore in the chair)
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
SECOND READING
The following bills were laid before the house, read second time, and passed to engrossment or third reading (members registering votes are shown following the caption), and the following resolutions were laid before the house on committee report:
HB 130 (by Rodriguez and Guillen), A bill to be entitled An Act relating to a highway toll exemption for public school buses. (Bonnen, Burrows, Leach, Oliverson, and Spiller recorded voting no.)
CSHB 297 (by Murr), A bill to be entitled An Act relating to inservice training on prevention of abuse, neglect, and illegal, unprofessional, and unethical conduct provided by certain health care facilities. (Bonnen, Burrows, Leach, Oliverson, and Spiller recorded voting no.)
HB 671 (by Martinez), A bill to be entitled An Act relating to establishment of the disaster identification system for a declared state of disaster. (Anderson, C. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Leman, Metcalf, Middleton, Murr, Schaefer, Shaheen, Slaton, Slawson, Swanson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 697 (by Rosenthal and Geren), A bill to be entitled An Act relating to requiring entities that provide mental health services to veterans or veterans' families to provide military informed care or military cultural competency training to certain entity personnel to accept a grant from a state agency. (Anderson, C. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Cyrier, Gates, Hefner, Holland, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Smith, Spiller, Swanson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 746 (by Bernal), A bill to be entitled An Act relating to installment payments of ad valorem taxes imposed on residence homesteads in certain counties. (C. Bell, Burns, Cyrier, Dean, Goldman, Hefner, Holland, Landgraf, Metcalf, Murr, Patterson, Schaefer, Slaton, Tinderholt, and VanDeaver recorded voting no.)
HB 750 (by Burns), A bill to be entitled An Act relating to requiring a school district to post the district's employment policy on the district's Internet website. (Goldman, Hefner, Holland, Landgraf, Metcalf, Murr, Patterson, Shaheen, and VanDeaver recorded voting no.)
HB 751 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars. (Pursuant to Rule 6, Section 14(3), of the House Rules, the following five members gave notice of their objection: Allison, Button, Harless, Goldman, and Shaheen.)
HB 911 (by Patterson, Buckley, Schaefer, Ellzey, and E. Morales), A bill to be entitled An Act relating to the issuance of specially marked driver's licenses and personal identification certificates to veterans. (Bonnen, Burrows, Harris, Leach, Oliverson, and Spiller recorded voting no.)
HB 1126 (by Anchia), A bill to be entitled An Act relating to an application for a writ of habeas corpus in certain felony cases. (Anderson, Bonnen, Buckley, Burrows, Cain, Gates, Harris, Krause, Leach, Middleton, Oliverson, Patterson, Slawson, Smith, Spiller, Swanson, Toth, Vasut, and Wilson recorded voting no.)
HB 1127 (by Anchia), A bill to be entitled An Act relating to an application for a writ of habeas corpus in a community supervision case. (Anderson, Buckley, Cain, Gates, Harris, Krause, Middleton, Patterson, Slawson, Swanson, Toth, Vasut, and Wilson recorded voting no.)
HB 1206 (by Guillen), A bill to be entitled An Act relating to permissible uses of the instructional materials and technology allotment. (Biedermann, Clardy, Harris, Patterson, and Tinderholt recorded voting no.)
CSHB 1290 (by Reynolds), A bill to be entitled An Act relating to the authority of a county assistance district to perform district functions outside the district. (Allison, Anderson, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 1367 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars. (Pursuant to Rule 6, Section 14(3), of the House Rules, the following five members gave notice of their objection: Allison, Button, Harless, Goldman, and Shaheen.)
HB 1482 (by J.D. Johnson), A bill to be entitled An Act relating to measures to assist students enrolled at public institutions of higher education who are homeless or who are or were in foster care. (C. Bell, K. Bell, Biedermann, Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leman, Metcalf, Middleton, Murr, Sanford, Schaefer, Shaheen, Slaton, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 1613 (by Lopez), A bill to be entitled An Act relating to the requirement for certain public school teachers and principals to attend a literacy achievement academy or otherwise demonstrate proficiency in reading instruction. (Bonnen, Burns, Burrows, Cain, Gates, Goldman, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Shaheen, Slawson, Smith, Spiller, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 1719 (by Reynolds), A bill to be entitled An Act relating to a potential erosion notice to purchasers of real property in a commercial or residential development in certain counties. (Ashby, C. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Cook, Cyrier, Ellzey, Gates, Goldman, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Slaton, Smith, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
SB 941 (E. Morales - House Sponsor), in lieu of HB 1908, A bill to be entitled An Act relating to the adoption of a state scenic byways program. (C. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Leach, Leman, Metcalf, Murr, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Slaton, Spiller, Swanson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Representative E. Morales moved to lay HB 1908 on the table subject to call, and the motion prevailed.
CSHB 1935 (by Bucy, Price, Guillen, and Talarico), A bill to be entitled An Act relating to emergency refills of insulin and insulin-related equipment or supplies. (Anderson, Buckley, Cain, Gates, Hull, Krause, Middleton, Slawson, Swanson, Toth, Vasut, and Wilson recorded voting no.)
HB 1959 (by Swanson and Reynolds), A bill to be entitled An Act relating to the maintenance of records and charging of fees by a notary public; increasing the amount of certain fees. (Allison, Ashby, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Shine, Slaton, Slawson, Smith, Smithee, Spiller, Stucky, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 1966 (by S. Thompson), A bill to be entitled An Act relating to the designation of July as Uterine Fibroids Awareness Month. (Bonnen, Buckley, Burrows, Cain, Gates, Harris, Hull, Krause, Leach, Oliverson, Shaheen, Slaton, Slawson, Spiller, Swanson, Toth, Vasut, and Wilson recorded voting no.)
CSHB 1967 (by S. Thompson), A bill to be entitled An Act relating to a database of information about women with uterine fibroids and to uterine fibroid education and research. (Anderson, C. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Gates, Goldman, Harris, Hefner, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 2108 (by Wu), A bill to be entitled An Act relating to the waiver of jurisdiction and discretionary transfer of a child from a juvenile court to a criminal court. (K. Bell, Harless, Harris, Lambert, Leman, Patterson, Slaton, and Tinderholt recorded voting no.)
CSHB 2148 (by Stephenson, Reynolds, and Ramos), A bill to be entitled An Act relating to notification by the Texas Commission on Environmental Quality of accidental discharge or spill threatening certain public water systems. (Harris, Middleton, and Patterson recorded voting no.)
The chair moved HB 2244 until the end of today's local, consent, and resolutions calendar.
HB 2251 (by Hernandez and Coleman), A bill to be entitled An Act relating to matching fund requirements for an entity to receive a community collaborative grant. (Allison, Anderson, C. Bell, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Slaton, Smithee, Spiller, Stucky, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Hernandez offered the following amendment to HB 2251:
Amend HB 2251 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 539.003, Government Code, is amended to read as follows:
Sec. 539.003. ACCEPTABLE USES OF GRANT MONEY. An entity shall use money received from a grant made by the department and private funding sources for the establishment or expansion of a community collaborative[, provided that the collaborative must be self-sustaining within seven years]. Acceptable uses for the money include:
(1) the development of the infrastructure of the collaborative and the start-up costs of the collaborative;
(2) the establishment, operation, or maintenance of other community service providers in the community served by the collaborative, including intake centers, detoxification units, sheltering centers for food, workforce training centers, microbusinesses, and educational centers;
(3) the provision of clothing, hygiene products, and medical services to and the arrangement of transitional and permanent residential housing for persons served by the collaborative;
(4) the provision of mental health services and substance abuse treatment not readily available in the community served by the collaborative;
(5) the provision of information, tools, and resource referrals to assist persons served by the collaborative in addressing the needs of their children; and
(6) the establishment and operation of coordinated intake processes, including triage procedures, to protect the public safety in the community served by the collaborative.
SECTION ____. Section 539.007, Government Code, is amended to read as follows:
Sec. 539.007. REDUCTION AND CESSATION OF FUNDING. The department shall establish processes by which the department may reduce or cease providing funding to an entity if the community collaborative operated by the entity does not meet the outcome measures selected by the entity for the collaborative under Section 539.005 [or is not self-sustaining after seven years]. The department shall redistribute any funds withheld from an entity under this section to other entities operating high-performing collaboratives on a competitive basis.
SECTION ____. The changes in law made by this Act apply to a grant awarded on or after the effective date of this Act. A grant awarded under a provision amended by this Act is governed by the law in effect on the date the grant was awarded, and the former law is continued in effect for that purpose.
Amendment No. 1 was adopted.
CSHB 2295 (by Wu), A bill to be entitled An Act relating to allowing certain counties to cease operation of a juvenile justice alternative education program. (Buckley, Cain, Gates, Harris, Krause, Leman, Patterson, Slaton, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 2357 (by Reynolds), A bill to be entitled An Act relating to an exception from required disclosure of information related to certain crime victims. (Craddick, Dean, Harris, Leman, Middleton, Parker, Patterson, and Price recorded voting no.)
CSHB 2380 (by Smith and Oliverson), A bill to be entitled An Act relating to participation by videoconference at informal proceedings of the Texas Medical Board. (Patterson and Slaton recorded voting no.)
CSHB 2424 (by Murr, Cain, Lambert, Shine, and Patterson), A bill to be entitled An Act relating to the exclusion of certain conveyances from classification as pretended sales.
HB 2503 (by Guillen), A bill to be entitled An Act relating to procedures governing a regional mobility authority in relation to certain federal public transportation funding. (C. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cyrier, Dean, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 2539 (by J. Turner, Harless, E. Morales, and Capriglione), A bill to be entitled An Act relating to the distribution of funds designated for the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program. (Allison, Anderson, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Slaton, Slawson, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 2545 (by Thierry, Patterson, and Romero), A bill to be entitled An Act relating to health benefit plan coverage of hearing aids and cochlear implants for certain individuals. (C. Bell, K. Bell, Biedermann, Buckley, Burns, Cain, Cason, Clardy, Cook, Cyrier, Ellzey, Gates, Goldman, Harless, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Noble, Schaefer, Shaheen, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 2618 was transferred to the Committee on Calendars.
SB 763 (Cook, Anchia, S. Thompson, Rose, Goldman, et al. - House Sponsors), in lieu of HB 2637, A bill to be entitled An Act relating to the creation of the urban air mobility advisory committee. (C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cyrier, Gates, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Cook offered the following amendment to SB 763:
Amend SB 763 (house committee report) on page 1, between lines 17 and 18, by inserting the following appropriately numbered subdivisions and renumbering the subdivisions of added Section 21.004(b), Transportation Code, and any cross-references accordingly:
(____) commercial airport representatives;
(____) vertical takeoff and landing operators;
Amendment No. 1 was adopted.
Representative Cook moved to lay HB 2637 on the table subject to call, and the motion prevailed.
HB 2688 (by VanDeaver), A bill to be entitled An Act relating to the term of office for certain trustees of an independent school district. (Patterson and Spiller recorded voting no.)
The chair moved HB 2701 until the end of today's local, consent, and resolutions calendar.
CSHB 2709 (by J.E. Johnson), A bill to be entitled An Act relating to the county in which an application for court-ordered mental health services must be filed. (K. Bell, Biedermann, Bonnen, Buckley, Burrows, Cain, Clardy, Gates, Harless, Harris, Hull, Krause, Leach, Middleton, Noble, Oliverson, Patterson, Slaton, Slawson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 2748 (by Ellzey), A bill to be entitled An Act relating to the enforcement of commercial motor vehicle safety standards in certain municipalities. (Buckley, Burns, Cain, Cyrier, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Patterson, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 2754 (by Allen, Cole, and Collier), A bill to be entitled An Act relating to post-release housing for inmates released on parole or to mandatory supervision. (Allison, Ashby, C. Bell, K. Bell, Biedermann, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smith, Spiller, Stucky, Swanson, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 2756 (by Allen, Bernal, and Collier), A bill to be entitled An Act relating to the donation of food by public school campuses. (Slaton and Smithee recorded voting no.)
Amendment No. 1
Representative Bernal offered the following amendment to HB 2756:
Amend HB 2756 (house committee report) as follows:
(1) On page 1, line 5, strike "(b), (c), and (d)" and substitute "(b) and (c)".
(2) On page 2, strike lines 10 through 17.
Amendment No. 1 was adopted.
CSHB 2803 (by S. Thompson, et al.), A bill to be entitled An Act relating to a commercial landlord's or tenant's remedies regarding certain unlawful activities in a multiunit commercial property. (Biedermann, Bonnen, Burns, Burrows, Harris, Landgraf, Leach, Middleton, Murr, Oliverson, Patterson, Sanford, Shaheen, Slaton, Smith, Spiller, and VanDeaver recorded voting no.)
CSHB 2831 (by White and Spiller), A bill to be entitled An Act relating to the confinement in county jail of persons with intellectual or developmental disabilities. (C. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Schaefer, Shaheen, Slaton, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 2851 (by Lucio), A bill to be entitled An Act relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. (Allison, C. Bell, K. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Harless, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Patterson, Sanford, Schaefer, Shaheen, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 2975 (by Hull, Oliverson, Cain, Moody, Bernal, et al.), A bill to be entitled An Act relating to prohibiting the physical restraint of or use of chemical irritants on certain public school students by peace officers and school security personnel under certain circumstances. (Ashby, Darby, Geren, Harris, Price, Shine, Slaton, Smith, and Stucky recorded voting no.)
HB 2988 (by Minjarez, Middleton, P. King, Hull, and Vasut), A bill to be entitled An Act relating to copayments required by a health maintenance organization or preferred provider benefit plan for visiting physical therapists. (C. Bell, Noble, Patterson, Schaefer, Slaton, and Tinderholt recorded voting no.)
CSHB 3005 (by Ramos), A bill to be entitled An Act relating to annulment of a marriage on the grounds of concealed divorce. (Anderson, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Cyrier, Dean, Gates, Goldman, Harless, Harris, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Shaheen, Slaton, Slawson, Smith, Spiller, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3007 (by Ramos), A bill to be entitled An Act relating to annulment of a marriage on the grounds of fraud, duress, or force. (Anderson, C. Bell, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Craddick, Cyrier, Gates, Goldman, Harless, Harris, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Price, Schaefer, Shaheen, Slaton, Slawson, Smith, Spiller, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 3098 (by Cason, Lopez, et al.), A bill to be entitled An Act relating to conducting certain medical examinations using telemedicine under the workers' compensation system. (Bonnen, Burrows, Leach, Oliverson, Patterson, Smith, and Spiller recorded voting no.)
HB 3153 (by Harris), A bill to be entitled An Act relating to the designation of State Highway 22 in Navarro County as the Dr. Kent Rogers Memorial Highway. (Swanson recorded voting no.)
HB 3203 (by Dutton), A bill to be entitled An Act relating to alternative times of possession under a standard possession order in a suit affecting the parent-child relationship. (Lambert, Noble, and Patterson recorded voting no.)
SB 1860 (Neave - House Sponsor), in lieu of HB 3273, A bill to be entitled An Act relating to creating an electronic application system for state student financial assistance. (K. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Landgraf, Metcalf, Murr, Patterson, Shaheen, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Representative Neave moved to lay HB 3273 on the table subject to call, and the motion prevailed.
HB 3301 (by Landgraf), A bill to be entitled An Act relating to the designation of a portion of State Highway 302 in Winkler County as the Hazel and Margie Thompson Memorial Highway.
CSHB 3319 (by Meyer, Stucky, et al.), A bill to be entitled An Act relating to certain measures to promote compliance with and improve public awareness of the state's move over or slow down law concerning the passing of certain vehicles. (C. Bell, Biedermann, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Patterson, Schaefer, Shaheen, Slaton, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3322 (by Metcalf), A bill to be entitled An Act relating to the selection and administration of an appraisal review board in certain counties; authorizing a fee. (Darby, Dean, Geren, Holland, Patterson, Shine, Slaton, Smithee, and Stucky recorded voting no.)
CSHB 3374 (by Pacheco, Patterson, Campos, et al.), A bill to be entitled An Act relating to the requirement to compare and verify signatures when renting a motor vehicle. (Parker, Price, and Slaton recorded voting no.)
CSHB 3417 (by Fierro), A bill to be entitled An Act relating to the regulation of manufactured homes. (Ashby, Cyrier, Darby, Dean, Geren, Goldman, Hefner, Holland, Lambert, Metcalf, Middleton, Noble, Patterson, Shaheen, Shine, Smithee, and Stucky recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3422 (by Morrison), A bill to be entitled An Act relating to restrictions under disaster remediation contracts; providing a civil penalty. (Patterson, Slaton, and Tinderholt recorded voting no.)
CSHB 3449 (by Price), A bill to be entitled An Act relating to the membership of a public school concussion oversight team and the removal of a public school student from an interscholastic athletic activity on the basis of a suspected concussion. (Slaton recorded voting no.)
CSHB 3456 (by White), A bill to be entitled An Act relating to inclusion of funds received by certain educational institutions or programs in foundation school program funds for purposes of certain budget reductions. (Patterson, Slaton, and Tinderholt recorded voting no.)
HB 3469 (by Hinojosa), A bill to be entitled An Act relating to certain notice requirements and filing requirements in court proceedings involving persons with mental illness. (C. Bell, Buckley, Burns, Cain, Gates, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Schaefer, Shaheen, Slaton, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3489 (by Parker, Dutton, Ordaz Perez, Buckley, and Price), A bill to be entitled An Act relating to development of guidelines for the use of digital devices in public schools and a school district or open-enrollment charter school policy for the effective integration of those devices. (Patterson and Slaton recorded voting no.)
CSHB 3504 (by Lambert and Darby), A bill to be entitled An Act relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit. (C. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Metcalf, Murr, Noble, Patterson, Schaefer, Slaton, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 3512 (by Canales, Murr, and Kacal), A bill to be entitled An Act relating to highway memorial signs for certain deceased peace officers.
HB 3521 (by Hunter), A bill to be entitled An Act relating to the definition of coercion for purposes of trafficking of persons.
CSHB 3551 (by Craddick), A bill to be entitled An Act relating to the release of data purchased by the Texas Department of Transportation. (Patterson and Swanson recorded voting no.)
CSHB 3584 (by Murr, Krause, Allison, Burns, Ashby, et al.), A bill to be entitled An Act relating to monuments, markers, medallions, and antiquities controlled by or in the custody of the Texas Historical Commission; authorizing civil penalties. (Collier, Crockett, and Hinojosa recorded voting no.)
CSHB 3660 (by White and Collier), A bill to be entitled An Act relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees and fines. (Allison, K. Bell, Buckley, Burns, Cain, Cyrier, Gates, Goldman, Harless, Hefner, Holland, Krause, Landgraf, Metcalf, Murr, Shaheen, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3722 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars. (Pursuant to Rule 6, Section 14(3), of the House Rules, the following five members gave notice of their objection: Tinderholt, Biedermann, Toth, Patterson, and Slawson.)
CSHB 3742 (by Capriglione, Oliverson, and Smithee), A bill to be entitled An Act relating to a prohibition on the use of genetic information gathered from direct-to-consumer genetic tests by a long-term care benefit plan issuer or a life insurance company. (Cason, Patterson, and Slaton recorded voting no.)
HB 3744 (by Capriglione and Cain), A bill to be entitled An Act relating to the prohibited use or dissemination of certain private or false information; providing a civil penalty; creating a criminal offense; increasing a criminal penalty. (Darby, Geren, Patterson, Shine, Slaton, Stucky, and Tinderholt recorded voting no.)
HB 3756 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars. (Pursuant to Rule 6, Section 14(3), of the House Rules, the following five members gave notice of their objection: C. Turner, Beckley, Goodwin, Israel, and Meza.)
CSHB 3818 (by Guillen), A bill to be entitled An Act relating to payments associated with certain medical examinations under the workers' compensation system; imposing a fee. (Allison, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Cook, Craddick, Cyrier, Dean, Ellzey, Gates, Goldman, Harless, Harris, Hefner, Holland, Hull, Krause, Landgraf, Leach, Leman, Metcalf, Middleton, Murr, Noble, Oliverson, Parker, Patterson, Shaheen, Slaton, Slawson, Spiller, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 3819 (by Klick), A bill to be entitled An Act relating to a public school district policy providing that a school nurse may administer prescription asthma medicine to a student. (Bonnen, Burrows, Leach, and Oliverson recorded voting no.)
CSHB 3859 (by Guillen), A bill to be entitled An Act relating to the issuance of specialty license plates for recipients of certain Texas military awards. (Bonnen, Buckley, Burrows, Cain, Gates, Krause, Leach, Oliverson, Slaton, Smith, Spiller, Toth, Vasut, and Wilson recorded voting no.)
CSHB 3868 (by Murr, Swanson, Bucy, Cain, A. Johnson, et al.), A bill to be entitled An Act relating to the presidential electors of this state. (Slaton recorded voting no.)
CSHB 3897 (by S. Thompson), A bill to be entitled An Act relating to fees levied by municipalities and counties for alcoholic beverage permits and licenses. (Harris, Middleton, Patterson, Slaton, and Swanson recorded voting no.)
CSHB 3898 (by Anchia), A bill to be entitled An Act relating to the funding of public retirement systems. (Anderson, Buckley, Burns, Cain, Clardy, Craddick, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Leman, Metcalf, Murr, Sanford, Shaheen, Slaton, Swanson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 3922 (by Oliverson), A bill to be entitled An Act relating to information provided by health care providers and hospitals to certain patients regarding pharmaceutical manufacturer patient assistance programs for insulin. (Slaton and Tinderholt recorded voting no.)
HB 3932 (by Bernal and Guillen), A bill to be entitled An Act relating to the establishment of the State Advisory Council on Educational Opportunity for Military Children. (Anderson, C. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Ellzey, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Spiller, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 3949 (by Martinez), A bill to be entitled An Act relating to the authority of the Texas Department of Transportation to sell a portion of a state highway to an airport, inland port, or seaport. (Anderson, C. Bell, Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Patterson, Schaefer, Shaheen, Slaton, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Martinez offered the following amendment to CSHB 3949:
Amend CSHB 3949 (house committee report) on page 1 of the bill by striking lines 8 through 12 and substituting the following:
Sec. 202.034. SALE OF CERTAIN STATE HIGHWAYS ABUTTING PORT OF ENTRY AT INTERNATIONAL BRIDGE. (a) Notwithstanding any other law, the department may enter into an agreement to sell a portion of a state highway that abuts a privately owned port of entry at an international bridge to the owner or operator of the port of entry.
Amendment No. 1 was adopted.
CSHB 3964 (by Hull), A bill to be entitled An Act relating to construction of certain laws prohibiting discrimination, distinctions, inducements, rebates, and certain other conduct related to property and casualty insurance. (Dean, Lambert, Patterson, and Slaton recorded voting no.)
CSHB 3976 (by Collier), A bill to be entitled An Act relating to the authorized activities of a manufacturer's agent's warehousing permit holder. (Anderson, Buckley, Burns, Cain, Clardy, Cook, Cyrier, Ellzey, Gates, Goldman, Harris, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Noble, Patterson, Sanford, Shaheen, Slawson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSSB 445 (Canales - House Sponsor), in lieu of HB 3992, A bill to be entitled An Act relating to the use of a flashing warning signal light and certain other equipment by a person operating a school bus. (Slaton recorded voting no.)
Representative Canales moved to lay HB 3992 on the table subject to call, and the motion prevailed.
HB 4004 (by Rogers, Shine, and K. King), A bill to be entitled An Act relating to a study by Texas A&M University of the appraisal of agricultural land for ad valorem tax purposes. (Buckley, Burns, Cain, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Shaheen, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 4025 (by Rodriguez), A bill to be entitled An Act relating to applicability of civil service status to emergency medical services personnel in certain municipalities. (K. Bell, Harless, Slaton, Smith, Spiller, and Tinderholt recorded voting no.)
CSHB 4068 (by Parker), A bill to be entitled An Act relating to the eligibility of certain public retirement systems for police and fire fighters to participate in the Texas Municipal Retirement System. (Slaton recorded voting no.)
CSHB 4073 (by Smith), A bill to be entitled An Act relating to the operation of a vehicle or combination of vehicles on a state highway or farm or ranch road at a weight that exceeds the maximum weight authorized for the road; imposing a criminal penalty. (Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Metcalf, Murr, Patterson, Shaheen, Slaton, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Leach and Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4074 (by Hunter and Collier), A bill to be entitled An Act relating to the collection and use of suicide data by the statewide behavioral health coordinating council. (Buckley, Cain, Cyrier, Gates, Hefner, Krause, Slaton, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4087 (by Burns), A bill to be entitled An Act relating to the enforcement of commercial motor vehicle safety standards in certain municipalities. (Oliverson, Patterson, Slaton, and Tinderholt recorded voting no.)
CSHB 4094 (by Frank), A bill to be entitled An Act relating to certain procurements by the Department of Family and Protective Services. (Slaton recorded voting no.)
HB 4096 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
HB 4113 (by Talarico), A bill to be entitled An Act relating to the confidentiality of juvenile justice information. (Harris, Oliverson, and Slaton recorded voting no.)
CSHB 4131 (by Parker, Anchia, Stephenson, Capriglione, and Perez), A bill to be entitled An Act relating to the self-directed and semi-independent status of the State Securities Board; authorizing fees. (Allison, K. Bell, Buckley, Cain, Cyrier, Gates, Harless, Hefner, Holland, Krause, Patterson, Sanford, Schaefer, Shaheen, Slaton, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 4140 (by Coleman), A bill to be entitled An Act relating to issues affecting counties and certain other governmental entities and residents. (Allison, Anderson, Ashby, K. Bell, Buckley, Burns, Cain, Clardy, Cook, Cyrier, Darby, Dean, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Paul, Sanford, Schaefer, Shaheen, Shine, Slaton, Slawson, Smithee, Stucky, Swanson, E. Thompson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Leach requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4269 (by Hull and Meyer), A bill to be entitled An Act relating to the procedure to be used by an appraisal review board to conduct a hearing on a protest. (Lambert recorded voting no.)
HB 4279 (by Dominguez), A bill to be entitled An Act relating to the eligibility of the Windham School District to participate in the Jobs and Education for Texans (JET) Grant Program. (Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Holland, Krause, Lambert, Landgraf, Leman, Metcalf, Murr, Patterson, Shaheen, Slaton, Slawson, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
CSHB 4354 (by Coleman), A bill to be entitled An Act relating to the administration of medication to certain persons in the custody of a sheriff. (Anderson, K. Bell, Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Harris, Holland, Hull, Krause, Lambert, Landgraf, Metcalf, Middleton, Murr, Patterson, Shaheen, Slaton, Slawson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
CSHB 4356 (by Ashby), A bill to be entitled An Act relating to the qualifications of directors of certain municipal development districts. (Allison, K. Bell, Buckley, Cain, Cyrier, Gates, Hefner, Krause, Patterson, Sanford, Shaheen, Slaton, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4374 (by Cyrier), A bill to be entitled An Act relating to the use of executory contracts for the purchase of land to be used as a residence in certain counties. (C. Bell, Patterson, Schaefer, and Slaton recorded voting no.)
Amendment No. 1
Representative Cyrier offered the following amendment to CSHB 4374:
Amend CSHB 4374 (house committee printing) on page 1, line 17 by striking "measuring 20 acres or less".
Amendment No. 1 was adopted.
HB 4450 (by Raymond and Guillen), A bill to be entitled An Act relating to training on emergency management for members of the emergency management council and state emergency response commission. (Anderson, Bonnen, Burns, Burrows, Cain, Clardy, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Leach, Metcalf, Middleton, Murr, Oliverson, Sanford, Schaefer, Shaheen, Slaton, Slawson, Spiller, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HB 4471 (by Goldman and Howard), A bill to be entitled An Act relating to examination fees for the review and approval of public securities and related proceedings and funding for victims assistance and sexual assault prevention services.
HB 4471 - REMARKS
REPRESENTATIVE GOLDMAN: This bill puts money into the Texas Crime Victims' Compensation Fund.
Amendment No. 1
Representative Goldman offered the following amendment to HB 4471:
Amend HB 4471 (house committee printing) as follows:
(1) On page 1, line 6, between "amended" and "to", insert "by amending Subsection (c) and adding Subsection (f)".
(2) Strike page 1, lines 8 through 15.
(3) On page 1, line 16, strike "and (e)".
(4) Strike page 1, line 23 through page 2, line 12 and substitute the following:
(f) The revenue attributable to fees collected under this section during a state fiscal biennium that is not otherwise appropriated in the General Appropriations Act for that state fiscal biennium may be appropriated to the attorney general only for the purpose of administering victim-related services and sexual assault programs.
(5) On page 2, line 14, strike "bond approval" and substitute "record of proceedings".
(6) On page 2, line 15, strike "bond approval" and substitute "record of proceedings".
(7) On page 2, line 16, strike "govnerend" and substitute "governed".
(8) On page 2, line 17, strike "bond" and substitute "record".
GOLDMAN: This removes Section (e). There was a typo, and it has nothing to do with this bill and statute.
Amendment No. 1 was adopted.
REPRESENTATIVE ISRAEL: I intend to speak for 10 minutes to take this bill back to Local and Consent. It's been a difficult session, so thank you for your attention. And I will speak on the bill. I suppose I'll start with I talked to some of the folks involved with this bill, and it's got some troubling language and some language changes that I feel comfortable that I'm doing the right thing today. HB 4471, I'll read the bill first––it's short––and then go into some of the background on it.
It states: "If the issuer is a non-profit corporation, the nonrefundable examination fee required by this section is equal to one-fourth of one percent of the principal amount of the public security to which the record of proceedings relates. The attorney general may adopt rules necessary to administer this section." The new text that's underlined states: "Fees collected by the attorney general under this section shall be deposited in the state treasury and expended as provided in the General Appropriations Act. Fees collected in excess of amounts provided in the General Appropriations Act may be appropriated back to the attorney general for the purpose of administering victim-related services and sexual assault programs." This is inserted into existing text. Section 2 is the subsequent text: "The changes in law made by this Act apply only to a bond approval submitted to the attorney general on or after the effective date of this Act. A bond approval submitted to the attorney general before the effective date of this Act is governed by the law in effect on the date the bond was submitted, and the former law is continued in effect for that purpose." This Act would take effect September 1, 2021.
The floor amendment was a technical cleanup amendment. It removed Section 1202.004(e) from the bill, a section which was inadvertently added during the drafting process, not underlined, missed at each step of the drafting and review process, and completely unrelated to the intent of this bill. We strike (e) and (f) in this section, a section which was inadvertently added during the drafting process––again, to repeat––missed at each step of the drafting and review process, and completely unrelated to the intent of this bill. We added (f)––
REPRESENTATIVE CAPRIGLIONE: I have some questions for you. I see that you're opposing this bill, and this is one of the things that came up during the COVID-19 pandemic. As you're aware, this particular crime fund is used to help victims of trafficking and sexual assault. And what happened during the pandemic is that, as you know, a lot of different businesses were closed, and some of those businesses were businesses that have fees or other items that go into this fund. And so during the interim what we saw is that this fund was running a deficit, effectively, in terms of its ability to provide help to women, primarily, who are victims of sexual assault. And so we needed to find a way to make sure to get those services and that support that were not going to these female victims. And so I guess I'm trying to understand why you're trying to not allow us to fund those much-needed, critical, and I would say, assumed, services.
ISRAEL: Well, thank you for the question. I think we do a lot of things in this building to make us feel good about what we're doing but don't always have––
CAPRIGLIONE: I'm sorry, this isn't a feel-good deal. This is help and support for women who have been sexually assaulted. This isn't a feel-good. This is money that goes to nonprofits. I'm just sitting here shocked, and I mean that. I mean, I get it, kind of, but on this bill, it is something that I had helped work on during the interim. And when you see that because of COVID-19 that we have these funds, a lot of funds, and most of them come from dedicated revenue sources, and because of the pandemic, this fund specifically was hurt more than others. So we did everything we could, and we wanted to continue to do everything we could, to help these victims.
ISRAEL: Well, I suppose I just see it differently, Representative. I hear what you're saying. There's so much that we could do that we want to do in these 140 days, and we've run out of time. And this is a situation in which the money is going––
CAPRIGLIONE: I'm sorry, what do you mean by we've run out of time? I think we only run out of time in about three minutes.
ISRAEL: The money is going to the General Appropriations Act and the fees collected in excess, I'll stress the word––may––be given to the Office of the Attorney General.
CAPRIGLIONE: They may be given. They may be given because, obviously, we want to make sure that that fund is fully funded. The purpose of this––
ISRAEL: Representative Capriglione, it is permissive and it's only if the money is available. So I think you're making this into a––
CAPRIGLIONE: This is the country's largest crime victim compensation program. The country's largest crime victim compensation program––we need to be able to fund this.
ISRAEL: It is funded.
CAPRIGLIONE: It can't be funded if there's––
ISRAEL: This is not defunding the crime victims' fund.
CAPRIGLIONE: It does not provide a stable source. Currently, COVID-19 caught us unaware on a lot of dedicated funds that we have, and I hope, obviously, like everyone else, COVID-19 or anything like that doesn't happen again. But we need to make sure there's a Plan B in something as important and critical as this. If you don't mind, there's some other questions.
ISRAEL: I was finishing my––
CAPRIGLIONE: I think some other folks have questions.
ISRAEL: My statement to you is that these are fees that are collected in excess that may be given to the Office of the Attorney General.
REPRESENTATIVE KRAUSE: I'll try to talk really fast because Representative Israel, I hope you will withdraw your contention of this bill in the next minute and 58 seconds. I have HB 3185 that passed unanimously out of the Appropriations Committee. And what we're trying to do is make sure that some of the folks who are traumatized at the point of their attack or anything that has gone on, who don't feel like they can talk to law enforcement at that time, who can't give a statement, whether it's at the hospital or at the scene of the crime, we don't want them to be ineligible for the program. These are, as Representative Capriglione said, some women in some very tough circumstances and who find themselves in tough places. If you kill this bill, then we won't be able to give them the help that they need. In fact, I've been working with Representative Ann Johnson and I've worked with Representative Donna Howard on adding relocation services in there for some sexual assault survivors. And so if we don't have this bill, we can't increase the program to help out those women in that very, very incredibly important place. So I know there's not that much time left. I would implore you to withdraw and to stop talking so we can pass this bill to help out survivors of domestic abuse.
ISRAEL: I visited with Representative Howard about this bill in particular, and I feel comfortable in what I'm doing right now.
REPRESENTATIVE HOWARD: Representative Israel, you know that this is a fund that we really want to be supporting, right? Absolutely?
ISRAEL: Yes, so many of us have worked on it session after session.
HOWARD: Yes, and part of the challenge we were having with the actual funding of this particular method––Representative Goldman was going to be helping me change this, but it has not happened yet––is that the fees were not going to be coming out of financial institutions, as we had thought, but instead were coming out of homeless and hospitals and higher education. And we've been hearing from the stakeholders now that they were not supportive of this once they found out where the money was coming from. Now clearly, he was going to help to change that, but that hadn't happened yet. So right now, as it stands, this is money coming out of––
HB 4471 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
REMARKS ORDERED PRINTED
Representative Middleton moved to print all remarks on HB 4471.
The motion prevailed.
CSHB 4474 (by Parker, Anchia, Stephenson, Capriglione, Perez, et al.), A bill to be entitled An Act relating to the control of virtual currency and the rights of purchasers who obtain control of virtual currency for purposes of the Uniform Commercial Code. (Allison, K. Bell, Cain, Cyrier, Gates, Harless, Hefner, Hull, Krause, Patterson, Sanford, Slaton, Swanson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
CSHB 4485 (by Guillen), A bill to be entitled An Act relating to the release of a defendant arrested for a misdemeanor punishable by fine only. (Allison, K. Bell, Buckley, Cain, Cook, Craddick, Cyrier, Ellzey, Gates, Harless, Harris, Krause, Leman, Noble, Parker, Paul, Price, Sanford, Shaheen, Slaton, Slawson, E. Thompson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
HB 4563 (by Guillen), A bill to be entitled An Act relating to notice of the form to be used by a person to request a written statement stating whether there are any delinquent ad valorem taxes owed by the person to certain taxing units. (Patterson recorded voting no.)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Coleman on motion of Herrero.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
(consideration continued)
HB 4568 (by Holland), A bill to be entitled An Act relating to the Rockwall County Juvenile Board. (Buckley, Cain, Dean, Gates, Krause, Patterson, Toth, Vasut, and Wilson recorded voting no.)
HB 4604 (by Dutton), A bill to be entitled An Act relating to the authority of the Barrett Management District to impose an assessment. (Allison, Ashby, C. Bell, K. Bell, Bonnen, Buckley, Burns, Burrows, Cain, Clardy, Cook, Cyrier, Darby, Ellzey, Gates, Geren, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Leach, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Sanford, Schaefer, Shaheen, Shine, Slaton, Smithee, Stucky, Swanson, Tinderholt, Toth, VanDeaver, Vasut, and Wilson recorded voting no.)
HCR 15 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
HCR 23 (by Murr), A bill to be entitled An Act designating Llano as the official Barrel Racing Capital of Texas for a 10-year period beginning in 2021.
HCR 23 was adopted by (Record 939): 137 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Cain; Hull; Middleton; Oliverson; Patterson; Slaton; Slawson; Vasut.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
Absent — Beckley.
STATEMENTS OF VOTE
When Record No. 939 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
When Record No. 939 was taken, I was shown voting yes. I intended to vote no.
Toth
HCR 32 (by Reynolds), A bill to be entitled An Act designating Missouri City as the official Hip-Hop Capital of Texas for a 10-year period beginning in 2021.
HCR 32 was adopted by (Record 940): 124 Yeas, 22 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bell, C.; Cain; Cason; Cook; Harris; Hefner; Holland; Hull; Krause; Metcalf; Oliverson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Smithee; Tinderholt; Toth; Vasut; White.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
STATEMENTS OF VOTE
When Record No. 940 was taken, I was shown voting yes. I intended to vote no.
Harless
When Record No. 940 was taken, I was shown voting yes. I intended to vote no.
Wilson
SCR 11 (E. Morales - House Sponsor), in lieu of HCR 33, A bill to be entitled An Act designating Fort Davis as the official Highest Town in Texas for a 10-year period beginning in 2021.
SCR 11 was adopted by (Record 941): 129 Yeas, 17 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Sherman; Shine; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Cain; Cason; Harris; Hefner; Holland; Hull; Krause; Metcalf; Oliverson; Patterson; Shaheen; Slaton; Slawson; Smith; Swanson; Toth; Vasut.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
STATEMENT OF VOTE
When Record No. 941 was taken, I was shown voting yes. I intended to vote no.
Wilson
Representative E. Morales moved to lay HCR 33 on the table subject to call, and the motion prevailed.
HCR 46 (by Hunter), A bill to be entitled An Act designating April as Beach Safety and Rip Current Awareness Month for a 10-year period beginning in 2021.
HCR 46 was adopted by (Record 942): 143 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Patterson; Slawson; Toth.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
STATEMENTS OF VOTE
When Record No. 942 was taken, I was shown voting no. I intended to vote yes.
Patterson
When Record No. 942 was taken, I was shown voting no. I intended to vote yes.
Slawson
When Record No. 942 was taken, I was shown voting no. I intended to vote yes.
Toth
HCR 61 (by Leman), A bill to be entitled An Act designating the Texas star mushroom as the official State Mushroom of Texas.
HCR 61 was adopted by (Record 943): 117 Yeas, 27 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smithee; Spiller; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bonnen; Cain; Cason; Cook; Gates; Goldman; Harris; Hefner; Holland; Huberty; Krause; Metcalf; Middleton; Noble; Oliverson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
Absent — Morales Shaw; Stephenson.
STATEMENT OF VOTE
When Record No. 943 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
HCR 62 (by Hunter and Pacheco), A bill to be entitled An Act designating the second Monday in October as Indigenous Peoples' Day for a 10-year period beginning in 2021.
HCR 62 was adopted by (Record 944): 124 Yeas, 21 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Patterson; Paul; Perez; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Sherman; Shine; Smith; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Biedermann; Cain; Capriglione; Cason; Cook; Craddick; Harris; Hefner; Hull; Krause; Middleton; Noble; Parker; Price; Schaefer; Shaheen; Slaton; Slawson; Smithee; Tinderholt; Vasut.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
Absent — Morales Shaw.
STATEMENTS OF VOTE
When Record No. 944 was taken, I was shown voting no. I intended to vote yes.
Hull
When Record No. 944 was taken, I was in the house but away from my desk. I would have voted yes.
Morales Shaw
When Record No. 944 was taken, I was shown voting yes. I intended to vote no.
Sanford
When Record No. 944 was taken, I was shown voting yes. I intended to vote no.
Toth
CSHCR 71 (by Lopez, Anchia, Minjarez, Raymond, Martinez Fischer, et al.), A bill to be entitled An Act urging Congress to bestow on Marcelino Serna the Congressional Medal of Honor.
CSHCR 71 was adopted by (Record 945): 144 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu.
Present, not voting — Mr. Speaker; Moody(C); Zwiener.
Absent, Excused — Coleman; Raney.
Absent — Slaton.
CSHCR 83 (by Parker), A bill to be entitled An Act designating June 2 as Italian Heritage Day for a 10-year period beginning in 2021.
CSHCR 83 was adopted by (Record 946): 144 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Cain; Swanson.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
STATEMENTS OF VOTE
When Record No. 946 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 946 was taken, I was shown voting no. I intended to vote yes.
Swanson
When Record No. 946 was taken, I was shown voting yes. I intended to vote no.
Toth
HR 885 (by Metcalf), A bill to be entitled An Act electing the children of house members to the office of mascot.
HR 885 was adopted by (Record 947): 146 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
HR 886 (by Metcalf), A bill to be entitled An Act designating the grandchildren of house members as honorary mascots.
HR 886 was adopted by (Record 948): 145 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Nays — Toth.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
STATEMENT OF VOTE
When Record No. 948 was taken, I was shown voting no. I intended to vote yes.
Toth
CSSB 160 (Darby - House Sponsor), A bill to be entitled An Act relating to county road reports. (Buckley, Burns, Cain, Cyrier, Gates, Goldman, Hefner, Holland, Krause, Landgraf, Metcalf, Middleton, Murr, Patterson, Shaheen, Toth, VanDeaver, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 211 (Landgraf - House Sponsor), A bill to be entitled An Act relating to judicial review of acts by the Texas Commission on Environmental Quality. (K. Bell, Harless, Patterson, Slaton, and Tinderholt recorded voting no.)
SB 460 (Raymond - House Sponsor), A bill to be entitled An Act relating to designating the 11th day of each month as Buddy Check Day. (Dean, Harris, Patterson, Sanford, and Spiller recorded voting no.)
SB 510 was withdrawn by the author and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars.
CSSB 600 (T. King - House Sponsor), A bill to be entitled An Act relating to an inventory of dams controlled by river authorities. (K. Bell, Harless, Middleton, Patterson, Slaton, and Tinderholt recorded voting no.)
SB 633 was previously passed to third reading in lieu of HB 1285 on May 8.
SB 634 (Anderson - House Sponsor), A bill to be entitled An Act relating to the confidentiality of the identity of certain landowners who participate in a State Soil and Water Conservation Board program to manage or eradicate an invasive species. (Patterson and Schaefer recorded voting no.)
SB 692 (Smithee - House Sponsor), A bill to be entitled An Act relating to access to certain financial records by the guardianship abuse, fraud, and exploitation deterrence program. (Patterson and Slaton recorded voting no.)
SB 780 was previously passed to third reading in lieu of HB 2210 on May 8.
SB 858 (Davis - House Sponsor), A bill to be entitled An Act relating to the disclosure of information collected by a metropolitan rapid transit authority, regional transportation authority, municipal transit department, or coordinated county transportation authority under the public information law. (Allison, Anderson, K. Bell, Buckley, Burns, Cain, Clardy, Cyrier, Gates, Goldman, Harless, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Metcalf, Murr, Patterson, Toth, VanDeaver, and Wilson recorded voting no.)
SB 879 was previously passed to third reading in lieu of HB 998 on May 8.
SB 886 (Romero - House Sponsor), A bill to be entitled An Act relating to the provision of citizenship assistance to veterans by the Texas Veterans Commission. (C. Bell, Price, and Schaefer recorded voting no.)
SB 901 (Landgraf - House Sponsor), A bill to be entitled An Act relating to the enforcement of commercial motor vehicle safety standards in certain counties. (Middleton, Patterson, and Slaton recorded voting no.)
Amendment No. 1
Representative Wilson offered the following amendment to SB 901:
Amend SB 901 (house committee printing) as follows:
(1) Strike page 1, line 18.
(2) On page 2, line 1, between "year" and the period, insert the following:
; or
(6) a county with a population of more than 40,000 and less than 300,000 that is adjacent to a county described by Subdivision (4)
Amendment No. 1 was adopted.
CSSB 906 (Murr - House Sponsor), A bill to be entitled An Act relating to the civil commitment of sexually violent predators.
SB 941 was previously passed to third reading in lieu of HB 1908.
SB 952 (Walle and Reynolds - House Sponsors), A bill to be entitled An Act relating to plot plan requirements for an application for a standard permit for a concrete batch plant issued by the Texas Commission on Environmental Quality. (Allison, Anderson, K. Bell, Buckley, Cain, Clardy, Cyrier, Gates, Harless, Harris, Krause, Middleton, Slaton, Slawson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1056 (Wu - House Sponsor), A bill to be entitled An Act relating to criminal liability for reporting false information to draw an emergency response; creating an offense. (Slaton recorded voting no.)
Amendment No. 1
Representative Wu offered the following amendment to SB 1056:
Amend SB 1056 (house committee report) as follows:
(1) Strike SECTION 1 of the bill (page 1, line 5, though page 3, line 1) and substitute the following:
SECTION 1. Chapter 42, Penal Code, is amended by adding Section 42.0601 to read as follows:
Sec. 42.0601. FALSE REPORT TO INDUCE EMERGENCY RESPONSE. (a) A person commits an offense if:
(1) the person makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service as defined by Section 771.001, Health and Safety Code, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;
(2) the person knows that the report is false;
(3) the report causes an emergency response from a law enforcement agency or other emergency responder; and
(4) in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if it is shown on the trial of the offense that the defendant has previously been convicted two or more times of an offense under this section; or
(2) a felony of the third degree if:
(A) the false report was of a criminal offense to which a law enforcement agency or other emergency responder responded; and
(B) a person suffered serious bodily injury or death as a direct result of lawful conduct arising out of that response.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(d) This section may not be construed in any manner to conflict with 47 U.S.C. Section 230 or 42 U.S.C. Section 1983.
(2) On page 3, line 4, strike "SWATTING. The offense of swatting" and substitute "FALSE REPORT TO INDUCE EMERGENCY RESPONSE. An offense under Section 42.0601, Penal Code,".
(3) On page 3, line 7, strike "communicated" and substitute "made".
(4) On page 3, line 8, between "agency" and "responded", insert "or other emergency responder".
(5) On page 4, line 9, strike "22.14" and substitute "42.0601".
(6) On page 4, lines 9 and 10, strike "been previously adjudicated for conduct in violation of" and substitute "previously been adjudicated as having engaged in conduct violating".
(7) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Article 42.037, Code of Criminal Procedure, is amended by adding Subsection (w) to read as follows:
(w) If a defendant is convicted of an offense under Section 42.0601, Penal Code, the court may order the defendant to make restitution to an entity for the reasonable costs of the emergency response by that entity resulting from the false report.
SECTION ____. Article 42.014(a), Code of Criminal Procedure, is amended to read as follows:
(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, or 42.0601, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed, or intentionally selected the person's property that was damaged or affected as a result of the offense, because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference or by status as a peace officer or judge.
Amendment No. 1 was adopted.
SB 1093 (Metcalf and Ellzey - House Sponsors), A bill to be entitled An Act relating to the administration of a veterans treatment court program.
SB 1130 (Geren - House Sponsor), A bill to be entitled An Act relating to the provision of certain massage therapy instruction using distance learning. (Buckley, Cain, Gates, Krause, Patterson, Price, Toth, Vasut, and Wilson recorded voting no.)
SB 1226 (Geren and Talarico - House Sponsors), A bill to be entitled An Act relating to the authorized activities of a holder of a brewpub license. (Cyrier and Patterson recorded voting no.)
SB 1480 (Guillen - House Sponsor), A bill to be entitled An Act relating to the licensing and regulation of certain drug and alcohol related court-ordered educational programs; providing administrative penalties; requiring occupational licenses; authorizing fees; creating criminal offenses. (Allison, K. Bell, Buckley, Cain, Cyrier, Darby, Gates, Geren, Harless, Harris, Krause, Middleton, Patterson, Shine, Slaton, Slawson, Smithee, Stucky, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
Amendment No. 1
Representative Guillen offered the following amendment to SB 1480:
Amend SB 1480 (house committee printing) as follows:
(1) On page 6, line 7, following the underlined semicolon, insert "and".
(2) On page 6, line 9, strike "; and" and substitute an underlined period.
(3) On page 6, strike lines 10-11.
(4) On page 11, strike lines 19-21, and renumber subsequent sections of added Chapter 171, Government Code, and cross-references to those sections accordingly.
(5) Strike "felony of the third degree" and substitute "Class A misdemeanor" in each of the following places in which it appears:
(A) page 14, lines 10-11; and
(B) page 14, lines 17-18.
(6) On page 14, line 21, strike "ATTENDANCE AT" and substitute "[ATTENDANCE AT]".
(7) On page 16, line 3, strike "successfully complete [attend]" and substitute "attend".
(8) On page 23, line 11, strike "attending" and substitute "[attending]".
(9) On page 25, line 9, strike "attending" and substitute "[attending]".
Amendment No. 1 was adopted.
SB 1643 was previously passed to third reading in lieu of HB 2722 on May 8.
SB 1783 (C. Turner - House Sponsor), A bill to be entitled An Act relating to a fee collected by a landlord in lieu of a security deposit. (Anderson, Buckley, Cain, Cason, Clardy, Cyrier, Dean, Gates, Harris, Krause, Middleton, Patterson, Slaton, Slawson, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 1818 (Landgraf - House Sponsor), A bill to be entitled An Act relating to a defense under the Solid Waste Disposal Act for persons engaged in certain scrap metal recycling transactions. (Buckley, Cain, Cyrier, Gates, Krause, Patterson, Slaton, Tinderholt, Toth, Vasut, and Wilson recorded voting no.)
SB 1986 was previously passed to third reading in lieu of HB 4569 on May 8.
SB 2175 was previously passed to third reading in lieu of HB 4607 on May 8.
SCR 17 (Herrero, Muñoz, Parker, Capriglione, and Toth - House Sponsors), A bill to be entitled An Act urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.
SCR 17 was adopted by (Record 949): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Darby; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Coleman; Raney.
Absent — Gates; Johnson, J.E.; Morales Shaw; Turner, J.
STATEMENTS OF VOTE
When Record No. 949 was taken, I was in the house but away from my desk. I would have voted yes.
Gates
When Record No. 949 was taken, my vote failed to register. I would have voted yes.
Morales Shaw
When Record No. 949 was taken, I was in the house but away from my desk. I would have voted yes.
J. Turner
HB 2244 was contested and was withdrawn and, pursuant to Rule 6, Section 24, of the House Rules, was returned to the Committee on Local and Consent Calendars. (Pursuant to Rule 6, Section 14(3), of the House Rules, the following six members gave notice of their objection: Davis, Crockett, Reynolds, Bowers, J.D. Johnson, and Rose.)
CSHB 2701 (by Slaton, Guillen, Biedermann, Raymond, et al.), A bill to be entitled An Act relating to the requirement that individuals joining the Texas National Guard sign a notice regarding active combat duty. (C. Bell, Bonnen, Burrows, Leach, Oliverson, Sanford, Schaefer, Shaheen, Smith, and Spiller recorded voting no.)
SB 763 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Canales moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 763 all joint authors and co-authors for HB 2637 who sign on to HB 2637 before SB 763 passes the house on third reading.
The motion prevailed.
ADJOURNMENT
Representative Geren moved that the house adjourn until 2 p.m. today.
The motion prevailed.
The house accordingly, at 12:57 p.m., adjourned until 2 p.m. today.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 18
HB 533, HB 1622, HB 1699, HB 1905, HCR 87, HCR 88, HCR 100, HCR 102