FIFTY-SECOND DAY --- MONDAY, MAY 1, 2023
The house met at 1:29 p.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 746).
Present — Mr. Speaker(C); Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Herrero.
The invocation was offered by the Reverend Jakob N. Hurlimann, chaplain, as follows:
Heavenly Father from whom all goodness flows, you have blessed and sanctified work so that we, your creation, may participate in some small way in your never-ending creative design, and bring about the goodness that you desire on this earth. At the beginning of this new month, may we remember why you have placed us here, both on Earth and in these positions. Grant us diligence in our duties, a lively concern for those whom we serve, and a deep respect for all those we work with, always tending towards you: our source and our end. We ask this through Christ our Lord. Amen.
The chair recognized Representative Wilson who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of important business in the district:
Lalani on motion of Perez.
Ordaz on motion of E. Morales.
The following member was granted leave of absence for today because of an emergency in the family:
Thierry on motion of Harrison.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 13).
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Metcalf and by unanimous consent, the reading and referral of bills was postponed until just prior to final recess.
HR 542 - INTRODUCTION OF GUESTS
The chair recognized Representative J.E. Johnson who introduced family members and colleagues of officer Steven Robert Nothem II.
HR 1281 - ADOPTED
(by Klick)
Representative Klick moved to suspend all necessary rules to take up and consider at this time HR 1281.
The motion prevailed.
The following resolution was laid before the house:
HR 1281, In memory of Dr. Bruce Jacobson.
HR 1281 was unanimously adopted by a rising vote.
HR 1061 - INTRODUCTION OF GUESTS
The chair recognized Representative A. Johnson who introduced members of the Miller Outdoor Theatre Advisory Board.
HR 675 - ADOPTED
(by Guerra, Martinez, and Muñoz)
Representative Guerra moved to suspend all necessary rules to take up and consider at this time HR 675.
The motion prevailed.
The following resolution was laid before the house:
HR 675, Congratulating Alejandro G. "Alex" Meade III of Mission on his appointment to the Texas Transportation Commission.
HR 675 was adopted.
HR 1288 - ADOPTED
(by Meza)
Representative Meza moved to suspend all necessary rules to take up and consider at this time HR 1288.
The motion prevailed.
The following resolution was laid before the house:
HR 1288, Commending Daniella Nassar for her service as a legislative intern in the office of State Representative Terry Meza.
HR 1288 was adopted.
HR 1342 - ADOPTED
(by Goodwin)
Representative Goodwin moved to suspend all necessary rules to take up and consider at this time HR 1342.
The motion prevailed.
The following resolution was laid before the house:
HR 1342, Recognizing May 2023 as Water Safety Month.
HR 1342 was adopted.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Neave Criado requested permission for the Committee on County Affairs to meet while the house is in session, at 4 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 1:59 p.m., the following committee meeting was announced:
County Affairs, 4 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Burns requested permission for the Committee on Land and Resource Management to meet while the house is in session, at 4 p.m. today, in 1W.14, to consider pending, referred, and committee business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 2 p.m., the following committee meeting was announced:
Land and Resource Management, 4 p.m. today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
FIVE-DAY POSTING RULE SUSPENDED
Representative Smith moved to suspend the five-day posting rule to allow the Committee on Elections to consider SB 1807 at 8 a.m. Thursday, May 4 in E2.016.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Geren requested permission for the Committee on General Investigating to meet while the house is in session for the remainder of the session.
Permission to meet was granted.
SB 1509 - VOTE RECONSIDERED
Representative C.J. Harris moved to reconsider the vote by which SB 1509 was passed by Record No. 681 on April 28.
The motion to reconsider prevailed.
SB 1509 ON THIRD READING
(Bonnen - House Sponsor)
The chair laid before the house, on its third reading and final passage,
SB 1509, A bill to be entitled An Act relating to the service retirement eligibility and benefits of certain members of the Employees Retirement System of Texas.
SB 1509 was read third time on April 28 and was passed by Record No. 681.
Amendment No. 1
Representative C.J. Harris offered the following amendment to SB 1509:
Amend SB 1509 on third reading by striking SECTION 1 of the bill and renumbering remaining sections accordingly.
Amendment No. 1 was adopted.
SB 1509, as amended, was passed by (Record 747): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Goodwin; Herrero; Orr; Thompson, E.; Zwiener.
MAJOR STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 400 ON THIRD READING
(by Klick, et al.)
HB 400, A bill to be entitled An Act relating to innovation grant programs to support residency training programs in psychiatric specialty fields and recruitment, training, and retention programs in behavioral health fields.
HB 400 was passed by (Record 748): 124 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Stucky; Swanson; Talarico; Thimesch; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Dorazio; Harrison; Hayes; Isaac; Leo-Wilson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Spiller; Tepper; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Bumgarner; Herrero; Schatzline; Thompson, E.
STATEMENTS OF VOTE
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
DeAyala
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
Hefner
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 748 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
Swanson
HB 504 ON THIRD READING
(by Wu, Moody, Reynolds, Bhojani, et al.)
HB 504, A bill to be entitled An Act relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.
HB 504 was passed by (Record 749): 104 Yeas, 33 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bernal; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Harrison; Hayes; Hernandez; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Landgraf; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slaton; Smithee; Spiller; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Turner; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bumgarner; Cain; Clardy; Dean; Gates; Gerdes; Goldman; Harless; Harris, C.J.; Hefner; Isaac; Kitzman; Klick; Kuempel; Lambert; Leach; Metcalf; Patterson; Paul; Price; Shaheen; Slawson; Smith; Stucky; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Bhojani; DeAyala; Herrero; Hull; Johnson, J.D.; Lujan; Swanson; Thompson, E.; Toth.
STATEMENTS OF VOTE
When Record No. 749 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 749 was taken, I was in the house but away from my desk. I would have voted yes.
Bhojani
When Record No. 749 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 749 was taken, I was in the house but away from my desk. I would have voted no.
DeAyala
When Record No. 749 was taken, I was shown voting yes. I intended to vote no.
Frazier
When Record No. 749 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
When Record No. 749 was taken, I was shown voting yes. I intended to vote no.
Schatzline
When Record No. 749 was taken, I was in the house but away from my desk. I would have voted yes.
Swanson
When Record No. 749 was taken, I was in the house but away from my desk. I would have voted yes.
Toth
When Record No. 749 was taken, I was shown voting no. I intended to vote yes.
Vasut
HB 3659 ON THIRD READING
(by Hefner, Moody, Cook, Slawson, and Ordaz)
HB 3659, A bill to be entitled An Act relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.
HB 3659 was passed by (Record 750): 139 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Bumgarner; Gámez; Johnson, A.; Price; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Herrero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 750 was taken, I was shown voting no. I intended to vote yes.
Bumgarner
When Record No. 750 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 750 was taken, I was shown voting no. I intended to vote yes.
Toth
MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 10 ON THIRD READING
(Bonnen, Burns, Capriglione, et al. - House Sponsors)
SB 10, A bill to be entitled An Act relating to contributions to, benefits from, and the administration of systems and programs administered by the Teacher Retirement System of Texas.
SB 10 was passed by (Record 751): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Herrero; Thompson, E.
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 3447 ON THIRD READING
(by Bonnen, Paul, Anderson, E. Morales, et al.)
HB 3447, A bill to be entitled An Act relating to the establishment and administration of the Texas Aerospace Research and Space Economy Consortium and the Texas Space Commission.
HB 3447 was passed by (Record 752): 128 Yeas, 16 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Harris, C.J.; Harrison; Hefner; Isaac; Patterson; Schaefer; Schatzline; Shaheen; Slaton; Slawson; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Herrero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 752 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 752 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 752 was taken, I was shown voting yes. I intended to vote no.
Spiller
HB 412 ON THIRD READING
(by S. Thompson, Garcia, et al.)
HB 412, A bill to be entitled An Act relating to requiring the corroboration of certain testimony in a criminal case involving a controlled substance.
HB 412 was passed by (Record 753): 84 Yeas, 59 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bernal; Bhojani; Bowers; Bryant; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cortez; Craddick; Darby; Davis; Dutton; Flores; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, M.; Goodwin; Guerra; Harrison; Hernandez; Hinojosa; Howard; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Sherman; Shine; Stucky; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Cain; Capriglione; Cook; Cunningham; Dean; DeAyala; Dorazio; Frank; Gerdes; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Hull; Isaac; Jetton; Landgraf; Leach; Leo-Wilson; Lujan; Metcalf; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Rogers; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Smithee; Spiller; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — González, J.; Herrero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 753 was taken, I was shown voting yes. I intended to vote no.
Meyer
When Record No. 753 was taken, I was shown voting yes. I intended to vote no.
Schatzline
HB 3390 ON THIRD READING
(by Hunter)
HB 3390, A bill to be entitled An Act relating to the provision of information regarding distributed generation and certain electrical loads.
HB 3390 was passed by (Record 754): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Present, not voting — Mr. Speaker(C); Zwiener.
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Herrero; Meyer; Thompson, E.
STATEMENT OF VOTE
When Record No. 754 was taken, I was in the house but away from my desk. I would have voted yes.
Meyer
HB 2926 ON THIRD READING
(by Turner, Patterson, Neave Criado, and Frazier)
HB 2926, A bill to be entitled An Act relating to certain claims for benefits or compensation by certain public safety employees and survivors of certain public safety employees.
HB 2926 was passed by (Record 755): 104 Yeas, 38 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; Dorazio; Dutton; Flores; Frazier; Gámez; Garcia; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.J.; Hernandez; Hinojosa; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Ortega; Patterson; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smithee; Stucky; Talarico; Tepper; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bonnen; Cain; Capriglione; Cunningham; DeAyala; Frank; Gates; Gerdes; Goldman; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Isaac; Klick; Leach; Leo-Wilson; Noble; Oliverson; Orr; Paul; Price; Schaefer; Schatzline; Schofield; Slaton; Slawson; Smith; Spiller; Swanson; Thimesch; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker(C); Anderson.
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Dean; Herrero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 755 was taken, I was shown voting present, not voting. I intended to vote no.
Anderson
When Record No. 755 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 755 was taken, I was in the house but away from my desk. I would have voted no.
Dean
When Record No. 755 was taken, I was shown voting no. I intended to vote yes.
Gerdes
When Record No. 755 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 755 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 755 was taken, I was shown voting no. I intended to vote yes.
Orr
When Record No. 755 was taken, I was shown voting no. I intended to vote yes.
Vasut
HB 3741 ON THIRD READING
(by Canales)
HB 3741, A bill to be entitled An Act relating to the operation of a program by the Texas Department of Transportation to allow a real property owner to plant or replace vegetation in a right-of-way.
HB 3741 was passed by (Record 756): 138 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Kitzman; Slaton; Swanson; Tinderholt; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry.
Absent — Frazier; Herrero; Thompson, E.
STATEMENTS OF VOTE
When Record No. 756 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 756 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 756 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 756 was taken, I was shown voting no. I intended to vote yes.
Wilson
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business:
Herrero on motion of Martinez Fischer.
HB 3772 ON THIRD READING
(by S. Thompson, et al.)
HB 3772, A bill to be entitled An Act relating to combating human trafficking by the Texas Department of Licensing and Regulation.
HB 3772 was passed by (Record 757): 103 Yeas, 36 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dorazio; Dutton; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Harless; Harris, C.E.; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Shaheen; Sherman; Shine; Smithee; Stucky; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Cain; Dean; DeAyala; Guillen; Harris, C.J.; Harrison; Hayes; Hefner; Isaac; Jetton; Klick; Landgraf; Leo-Wilson; Metcalf; Murr; Noble; Oliverson; Patterson; Rogers; Schaefer; Schatzline; Slaton; Slawson; Smith; Spiller; Swanson; Tepper; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Button; Flores; Frazier; González, M.; Guerra; Thompson, E.
STATEMENTS OF VOTE
When Record No. 757 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 757 was taken, I was in the house but away from my desk. I would have voted yes.
Flores
When Record No. 757 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 757 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 757 was taken, I was shown voting no. I intended to vote yes.
Vasut
When Record No. 757 was taken, I was shown voting no. I intended to vote yes.
Wilson
HB 4390 ON THIRD READING
(by Button, Burrows, Schaefer, Canales, Dutton, et al.)
HB 4390, A bill to be entitled An Act relating to the Texas Industry-Recognized Apprenticeship Programs Grant Program.
HB 4390 was passed by (Record 758): 130 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Garcia; Gates; Gerdes; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Nays — Allen; Bowers; Flores; Gámez; Gervin-Hawkins; Johnson, A.; Jones, V.; Morales Shaw; Ramos; Reynolds; Rose; Toth; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Frazier; Thompson, E.
STATEMENTS OF VOTE
When Record No. 758 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 758 was taken, I was shown voting no. I intended to vote yes.
Gámez
When Record No. 758 was taken, I was shown voting yes. I intended to vote no.
J. Jones
When Record No. 758 was taken, I was shown voting yes. I intended to vote no.
C. Morales
When Record No. 758 was taken, I was shown voting no. I intended to vote yes.
Rose
When Record No. 758 was taken, I was shown voting no. I intended to vote yes.
Toth
HB 4520 ON THIRD READING
(by C.J. Harris, Shaheen, et al.)
HB 4520, A bill to be entitled An Act relating to employment and retirement consequences for an educator convicted of or placed on deferred adjudication community supervision for the sale, distribution, or display of harmful material to a minor.
HB 4520 was passed by (Record 759): 137 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Zwiener.
Nays — Hinojosa; Ramos; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Frazier; Jones, J.; Plesa; Rosenthal; Thompson, E.
STATEMENTS OF VOTE
When Record No. 759 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 759 was taken, my vote failed to register. I would have voted yes.
J. Jones
When Record No. 759 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
HB 71 ON THIRD READING
(by Canales, Capriglione, Longoria, Cain, Tinderholt, et al.)
HB 71, A bill to be entitled An Act relating to the establishment of a program for the issuance of digital identification; authorizing a fee.
HB 71 was passed by (Record 760): 120 Yeas, 23 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Noble; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Sherman; Shine; Smithee; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Dean; Dorazio; Harrison; Hayes; Hefner; Isaac; King, T.; Landgraf; Leach; Leo-Wilson; Murr; Oliverson; Patterson; Schaefer; Shaheen; Slaton; Slawson; Smith; Spiller; Swanson; Tinderholt; Troxclair; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Frazier; Thompson, E.
STATEMENTS OF VOTE
When Record No. 760 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 760 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 760 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 760 was taken, I was shown voting yes. I intended to vote no.
Hull
When Record No. 760 was taken, I was shown voting yes. I intended to vote no.
Paul
When Record No. 760 was taken, I was shown voting no. I intended to vote yes.
Tinderholt
When Record No. 760 was taken, I was shown voting yes. I intended to vote no.
Toth
HB 730 ON THIRD READING
(by Frank, Wu, Noble, and Garcia)
HB 730, A bill to be entitled An Act relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.
HB 730 was passed by (Record 761): 139 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Metcalf; Schaefer; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Frazier; Meza; Thompson, E.
STATEMENTS OF VOTE
When Record No. 761 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 761 was taken, I was shown voting no. I intended to vote yes.
Wilson
HB 1715 ON THIRD READING
(by Canales)
HB 1715, A bill to be entitled An Act relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.
HB 1715 was passed by (Record 762): 122 Yeas, 20 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Oliverson; Orr; Ortega; Patterson; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Shaheen; Sherman; Shine; Smithee; Spiller; Stucky; Swanson; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Burns; Cain; Cook; Dorazio; Hefner; Landgraf; Metcalf; Murr; Noble; Paul; Schaefer; Schofield; Slaton; Slawson; Smith; Tepper; Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Anderson; Frazier; Thompson, E.
STATEMENTS OF VOTE
When Record No. 762 was taken, I was in the house but away from my desk. I would have voted no.
Anderson
When Record No. 762 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 762 was taken, I was in the house but away from my desk. I would have voted no.
Frazier
When Record No. 762 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 762 was taken, I was shown voting no. I intended to vote yes.
Wilson
HB 1455 ON THIRD READING
(by Anchía, Lambert, Bhojani, Rose, and Garcia)
HB 1455, A bill to be entitled An Act relating to health care benefits of persons wrongfully imprisoned.
HB 1455 was passed by (Record 763): 119 Yeas, 24 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Orr; Ortega; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cunningham; Dean; Harrison; Hefner; Isaac; Jetton; Kitzman; Kuempel; Noble; Oliverson; Patterson; Paul; Schatzline; Schofield; Shaheen; Slaton; Slawson; Smith; Swanson; Tinderholt; Toth; Troxclair; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry.
Absent — Frazier; Thompson, E.
STATEMENTS OF VOTE
When Record No. 763 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 763 was taken, I was shown voting yes. I intended to vote no.
Leo-Wilson
When Record No. 763 was taken, I was shown voting no. I intended to vote yes.
Wilson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 250 ON SECOND READING
(by M. González, Goldman, Cook, Collier, et al.)
CSHB 250, A bill to be entitled An Act relating to crime victims' compensation.
CSHB 250 was read second time on April 26 and was postponed until 9 a.m. today.
Representative M. González moved to postpone consideration of CSHB 250 until 9 a.m. Wednesday, May 3.
The motion prevailed.
CSSB 1238 ON SECOND READING
(Ashby, Anderson, Rose, Bailes, Clardy, et al. - House Sponsors)
CSSB 1238, A bill to be entitled An Act relating to broadband development.
CSSB 1238 was considered in lieu of CSHB 2662.
CSSB 1238 was read second time.
Amendment No. 1
Representative Ashby offered the following amendment to CSSB 1238:
Amend CSSB 1238 (house committee report) as follows:
(1) On page 8, line 24, between "award" and "or", insert ", is designed to provide broadband service to a served location,".
(2) On page 9, lines 2 and 3, strike "are not eligible to receive funding under this chapter" and substitute "in a project area subject to the application are served locations".
(3) On page 9, line 5, between "challenged" and "locations" insert "broadband serviceable".
Amendment No. 1 was adopted.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder today and the remainder of the week because of important business:
E. Thompson on motion of Paul.
CSSB 1238 - (consideration continued)
CSSB 1238, as amended, was passed to third reading.
CSHB 2662 - LAID ON THE TABLE SUBJECT TO CALL
Representative Ashby moved to lay CSHB 2662 on the table subject to call.
The motion prevailed.
SB 664 ON SECOND READING
(Buckley, Burrows, M. González, Bailes, Kitzman, et al. - House Sponsors)
SB 664, A bill to be entitled An Act relating to the labeling of analogue and cell-cultured products.
SB 664 was considered in lieu of CSHB 1788.
SB 664 was read second time and was passed to third reading.
CSHB 1788 - LAID ON THE TABLE SUBJECT TO CALL
Representative Buckley moved to lay CSHB 1788 on the table subject to call.
The motion prevailed.
HB 1791 ON SECOND READING
(by Davis)
HB 1791, A bill to be entitled An Act relating to the qualifications of experts in certain health care liability claims.
HB 1791 was read second time on April 25 and was postponed until 10 a.m. today.
Representative S. Thompson moved to postpone consideration of HB 1791 until 9 a.m. Wednesday, May 3.
The motion prevailed.
SB 1730 ON SECOND READING
(Cole - House Sponsor)
SB 1730, A bill to be entitled An Act relating to the processing of United States passport applications by a district court clerk; authorizing fees.
SB 1730 was considered in lieu of HB 3607.
SB 1730 was read second time and was passed to third reading.
HB 3607 - LAID ON THE TABLE SUBJECT TO CALL
Representative Cole moved to lay HB 3607 on the table subject to call.
The motion prevailed.
HB 3548 ON SECOND READING
(by Anchía, Sherman, V. Jones, Lalani, Cook, et al.)
HB 3548, A bill to be entitled An Act relating to increasing the criminal penalty for assault of certain hospital personnel.
HB 3548 was read second time on April 27 and was postponed until 10 a.m. today.
Representative Anchía moved to postpone consideration of HB 3548 until 9 a.m. Friday, May 5.
The motion prevailed.
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 1620 ON SECOND READING
(by Holland, Canales, Goldman, K. Bell, and Clardy)
HB 1620, A bill to be entitled An Act relating to the review date for certain governmental entities subject to the sunset review process.
HB 1620 was passed to engrossment.
CSHB 3474 ON SECOND READING
(by Leach, et al.)
CSHB 3474, A bill to be entitled An Act relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government and the state of the judiciary; establishing a civil penalty; increasing certain court costs; authorizing fees.
Amendment No. 1
Representative Leach offered the following amendment to CSHB 3474:
Amend CSHB 3474 (house committee report) as follows:
(1) On page 3, line 21, between "(a)" and "Subchapter" insert "Effective October 1, 2023,".
(2) On page 4, line 10, strike "September" and substitute "October".
(3) On page 5, lines 4 and 20, strike "September" and substitute "October".
(4) On page 6, strike line 21 and substitute "(B) service as a judge or a full-time associate judge of a district court, statutory county".
(5) On page 7, strike line 7 and substitute "(B) service as a judge or a full-time associate judge of a district court, statutory county".
(6) Add the following appropriately numbered SECTIONS to ARTICLE 1 of the bill and renumber subsequent SECTIONS of ARTICLE 1 of the bill accordingly:
SECTION 1.____. (a) Effective January 1, 2025, Section 24.275, Government Code, is amended to read as follows:
Sec. 24.275. 216TH JUDICIAL DISTRICT ([GILLESPIE AND] KERR COUNTY [COUNTIES]). The 216th Judicial District is composed of [Gillespie and] Kerr County [counties].
(b) The local administrative district judge shall transfer all cases from Gillespie County that are pending in the 216th District Court on January 1, 2025, to the 499th District Court.
(c) When a case is transferred from a district court to another district court as provided by Subsection (b) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before the court to which the transfer is made.
SECTION 1.____. Section 24.392, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (d) to read as follows:
(b) The 213th District Court shall give preference to criminal cases.
(c) The terms of the 213th District Court begin on the first Mondays in January, April, July, and October.
(d) [(c)] In addition to other jurisdiction provided by law, the 213th District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.____. Section 24.516, Government Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c) The terms of the 371st District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 371st District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.____. Section 24.517, Government Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c) The terms of the 372nd District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 372nd District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.____. Section 24.541, Government Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c) The terms of the 396th District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 396th District Court has concurrent original jurisdiction with the county criminal courts and the justice courts in Tarrant County over misdemeanor cases.
SECTION 1.____. Section 24.576, Government Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) The terms of the 432nd District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 432nd District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.____. Section 24.591, Government Code, is amended by adding Subsections (d) and (e) to read as follows:
(d) Notwithstanding Section 24.030, a district court in Kendall County may sit outside the county seat in a suitable facility designated by the Kendall County Commissioners Court as an auxiliary court facility, as provided by Section 292.031, Local Government Code.
(e) A district court in Kendall County sitting in an auxiliary court facility designated by the Kendall County Commissioners Court may hear motions, arguments, nonjury trials, and jury trials for all actions and any other matter before the court and within the court's jurisdiction.
SECTION 1.____. (a) Effective January 1, 2025, the heading to Section 24.596, Government Code, is amended to read as follows:
Sec. 24.596. 452ND JUDICIAL DISTRICT ([EDWARDS, KIMBLE,] MCCULLOCH, MASON, AND MENARD COUNTIES).
(b) Effective January 1, 2025, Section 24.596(a), Government Code, is amended to read as follows:
(a) The 452nd Judicial District is composed of [Edwards, Kimble,] McCulloch, Mason, and Menard Counties.
(c) The local administrative district judge shall transfer all cases from Edwards and Kimble Counties that are pending in the 452nd District Court on January 1, 2025, to the 499th District Court.
(d) When a case is transferred from a district court to another district court as provided by Subsection (c) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before the court to which the case is transferred.
SECTION 1.____. Section 24.60030, Government Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) The terms of the 485th District Court begin on the first Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the 485th District Court has concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.____. (a) Effective October 1, 2025, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60043 to read as follows:
Sec. 24.60043. 498TH JUDICIAL DISTRICT (KENDALL COUNTY). (a) The 498th Judicial District is composed of Kendall County.
(b) This section applies to all district courts in Kendall County.
(c) In addition to the other jurisdiction provided by law, the 498th District Court has concurrent jurisdiction with the other district courts in Kendall County and with the County Court of Kendall County in all civil and criminal matters over which the county court has original or appellate jurisdiction, including probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code.
(d) All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the county court. The county clerk serves as the clerk of the district court for those matters.
(e) Notwithstanding Section 24.030, a district court in Kendall County may sit outside the county seat in a suitable facility designated by the Kendall County Commissioners Court as an auxiliary court facility, as provided by Section 292.031, Local Government Code.
(f) A district court in Kendall County sitting in an auxiliary court facility designated by the Kendall County Commissioners Court may hear motions, arguments, nonjury trials, and jury trials for all actions and any other matter before the court and within the court's jurisdiction.
(b) The 498th Judicial District is created on October 1, 2025.
SECTION 1.____. (a) Effective January 1, 2025, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60044 to read as follows:
Sec. 24.60044. 499TH JUDICIAL DISTRICT (EDWARDS, GILLESPIE, AND KIMBLE COUNTIES). The 499th Judicial District is composed of Edwards, Gillespie, and Kimble Counties.
(b) The 499th Judicial District is created on January 1, 2025.
SECTION 1.____. (a) Section 24.910, Government Code, is amended by adding Subsection (a-1) and amending Subsections (b), (c), and (e) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal District Court No. 1.
(b) This section applies to the Tarrant County Criminal District Courts Nos. 1, 2, [and] 3, and 4.
(c) The criminal district courts have jurisdiction of criminal cases within the jurisdiction of a district court. The criminal district courts also have concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases. The criminal district courts do not have appellate misdemeanor jurisdiction.
(e) The judge of each criminal district court or county criminal court may, on motion of the judge or the criminal district attorney, transfer misdemeanor cases between the courts by an order entered in the minutes of the transferor [transferring] court. The clerk of the transferor [transferring] court shall certify the style and number of the case to the clerk of the transferee court [to which it is transferred] and include the papers of the case with the certification. The [receiving] clerk of the transferee court shall promptly docket the transferred case. The transferee [receiving] court shall dispose of the case as if it had been originally instituted in that court.
(b) Section 24.910(f), Government Code, is repealed.
SECTION 1.____. Section 24.911, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal District Court No. 2.
SECTION 1.____. Section 24.912, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal District Court No. 3.
SECTION 1.____. (a) The heading to Section 24.913, Government Code, is amended to read as follows:
Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 4 [OF TARRANT COUNTY].
(b) Section 24.913, Government Code, is amended by amending Subsections (a) and (d) and adding Subsection (d-1) to read as follows:
(a) The Tarrant County Criminal Judicial District No. 4 [of Tarrant County] is composed of Tarrant County.
(d) Subchapter C applies to the Tarrant County Criminal District Court No. 4 [of Tarrant County].
(d-1) Section 24.910, relating to the Tarrant County Criminal District Court No. 1, contains provisions applicable to both that court and the Tarrant County Criminal District Court No. 4.
(c) Sections 24.913(b), (c), and (e) are repealed.
(7) On page 16, strike lines 12 through 19 and reletter the subsequent subsections of added Section 25.1723, Government Code, accordingly.
(8) On page 20, line 6, between "(b)" and "to" insert "and amending Subsection (g)".
(9) On page 20, between lines 9 and 10, insert the following:
(g) The district clerk serves as clerk of a county court at law in family law cases and proceedings and as clerk of County Court at Law No. 2 in cases and proceedings in which the court has concurrent jurisdiction with the district courts as provided by the constitution and general law, including jurisdiction in felony criminal cases. The[, and the] county clerk serves as clerk of a county [the] court at law in all other cases and proceedings. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.
(10) Add the following appropriately numbered SECTIONS to ARTICLE 2 of the bill and renumber subsequent SECTIONS of ARTICLE 2 of the bill accordingly:
SECTION 2.____. Section 25.0732, Government Code, is amended by adding Subsection (c) to read as follows:
(c) The County Criminal Court at Law No. 2 of El Paso County, Texas, is designated to conduct the DWI Drug Court Intervention and Treatment Program of El Paso County as a drug court program under Chapter 123 for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated.
SECTION 2.____. (a) Section 25.1031(c), Government Code, is amended to read as follows:
(c) Harris County has the following statutory probate courts:
(1) Probate Court No. 1 of Harris County, Texas;
(2) Probate Court No. 2 of Harris County, Texas;
(3) Probate Court No. 3 of Harris County, Texas; [and]
(4) Probate Court No. 4 of Harris County, Texas; and
(5) Probate Court No. 5 of Harris County, Texas.
(b) Section 25.1034(j), Government Code, is repealed.
(c) The Probate Court No. 5 of Harris County, Texas, is created on September 1, 2023.
SECTION 2.____. Sections 25.1331 and 25.1332, Government Code, are repealed.
SECTION 2.____. Sections 25.1572(a), (d), and (e), Government Code, are amended to read as follows:
(a) In addition to the jurisdiction provided by Section 25.0003 and other law and except as limited by Subsection (b), a county court at law in McLennan County has:
(1) concurrent jurisdiction with the district courts in state jail, third degree, and second degree felony cases and family law cases on assignment from a district judge presiding in McLennan County and acceptance of the assignment by the judge of the county court at law to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas and conduct sentencing;
(D) conduct jury trials and nonjury trials;
(E) conduct probation revocation hearings;
(F) conduct post-trial proceedings; and
(G) conduct family law cases and proceedings; and
(2) jurisdiction in:
(A) Class A and Class B misdemeanor cases;
(B) probate proceedings;
(C) eminent domain;
(D) appeals from the justice and municipal courts; and
(E) disputes ancillary to probate, eminent domain, condemnation, or landlord and tenant matters relating to the adjudication and determination of land titles and trusts, whether testamentary, inter vivos, constructive, resulting, or any other class or type of trust, regardless of the amount in controversy or the remedy sought [to conduct arraignments, conduct pretrial hearings, accept guilty pleas, and conduct probation revocation hearings in felony cases].
(d) A judge of a county court at law shall be paid a total [an] annual [base] salary set by the commissioners court in an amount not less than $1,000 less than the annual [base] salary received by [the state pays to] a district judge [as set by the General Appropriations Act in accordance with Section 659.012] with equivalent years of service as a [the] judge, as provided under Section 25.0005, to be paid out of the county treasury by the commissioners court. [A county court at law judge's and a district judge's annual base salaries do not include contributions and supplements paid by the county.]
(e) The district clerk serves as clerk of a county court at law in cases instituted in the district courts in which the county courts at law have [matters of] concurrent jurisdiction with the district court. The county clerk serves as the clerk of a county court at law in all other matters. Each clerk shall establish a separate docket for a county court at law.
SECTION 2.____. (a) Sections 25.2223(a), (i), (j), (j-2), and (l), Government Code, are amended to read as follows:
(a) A county criminal court in Tarrant County has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts, but does not have civil jurisdiction. In addition to the jurisdiction provided by Section 25.0003 and other law, a county criminal court in Tarrant County has concurrent original jurisdiction of criminal cases with a district court other than felony cases involving capital murder. The County Criminal Courts Nos. 9 [5] and 10 of Tarrant County also have concurrent jurisdiction within the county of all appeals from criminal convictions under the laws of this state and the municipal ordinances of the municipalities located in Tarrant County that are appealed from the justice courts and municipal courts in the county. [The County Criminal Courts Nos. 5, 7, 8, 9, and 10 of Tarrant County also have concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept guilty pleas.]
(i) The official court reporter of a county criminal court is entitled to the same fees and salary as a district court reporter and shall perform the same duties and take the oath of office as provided by law for district court reporters. [The official court reporter for the County Criminal Court No.
1 or 3 of Tarrant County is not required to take testimony in cases in which neither a party nor the judge demands it.]
(j) At least two bailiffs shall be assigned regularly to each county criminal court in [the County Criminal Court No.
1 of Tarrant County and the County Criminal Court No.
2 of] Tarrant County. Except as provided by Subsection (j-2), each judge [the judges] of a county criminal court [the County Criminal Courts Nos. 1 and 2 of Tarrant County] shall [each] appoint one officer to act as bailiff of the judge's court, and the sheriff of Tarrant County shall appoint a bailiff for each court as prescribed by law. The bailiffs serve at the pleasure of the court and shall perform the duties required by the judge of the court to which the bailiffs are assigned.
(j-2) The judge of a county criminal court [listed in Subsection (j) or (j-1)] may authorize the sheriff to appoint all bailiffs in the judge's court. If the sheriff is authorized by a judge to make the judge's appointment under this subsection, the sheriff shall appoint at least two officers to act as bailiffs for the judge's court. A bailiff appointed under this subsection serves at the pleasure of the court and shall perform the duties required by the judge of the court to which the bailiff is assigned.
(l) The County Criminal Courts Nos. [Court No.] 5 and 6 of Tarrant County [and the County Criminal Court No.
6 of Tarrant County] shall give preference to cases brought under Title 5, Penal Code, involving family violence as defined by Section 71.004, Family Code, and cases brought under Sections 25.07, 25.072, and 42.07(a)(2) [42.072], Penal Code.
(b) Sections 25.2223(b) and (j-1), Government Code, are repealed.
(11) On page 22, line 21, following "COURTS", insert "AND CONSTITUTIONAL COUNTY COURTS".
(12) Strike page 22, line 22, through page 23, line 3.
(13) Add the following appropriately numbered SECTIONS to ARTICLE 3 of the bill and renumber subsequent SECTIONS of ARTICLE 3 of the bill accordingly:
SECTION 3.____. Section 26.315, Government Code, is amended to read as follows:
Sec. 26.315. STEPHENS COUNTY. (a) In addition to other jurisdiction provided by law, the [The] County Court of Stephens County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law [the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction].
(b) The district clerk shall maintain the records of the County Court of Stephens County.
SECTION 3.____. Article 49.05(b), Code of Criminal Procedure, is amended to read as follows:
(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) where the body was found; [or]
(3) by videoconference with an individual who is:
(A) designated by the justice of the peace; and
(B) present with the body for a death described by Article 49.04(a)(6) or (7); or
(4) at any other place determined to be reasonable by the justice.
(14) Add the following appropriately numbered SECTIONS to ARTICLE 4 of the bill and renumber subsequent SECTIONS of ARTICLE 4 of the bill accordingly:
SECTION 4.____. Section 54.2001(b), Government Code, is amended to read as follows:
(b) The judges of the district and statutory county courts in Guadalupe County by majority [a unanimous] vote may appoint magistrates as authorized by the Commissioners Court of Guadalupe County.
SECTION 4.____. Section 54.2502(c), Government Code, is amended to read as follows:
(c) A judge of the criminal law magistrate court is entitled to the salary set by the commissioners court. The salary may not be less than the annual base salary paid to a district judge under Section 659.012(a)(1) and must include compensation for services performed on behalf of Brazoria County [Chapter 659].
SECTION 4.____. Section 54.651, Government Code, is amended by adding Subsection (d) to read as follows:
(d) A magistrate appointed under this subchapter may not engage in the private practice of law, as defined by Section 81.101, in Tarrant County.
SECTION 4.____. Section 54.656(a), Government Code, is amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or nolo contendere [no contest] and sentencing before the court;
(2) a bond forfeiture, remittitur, and related proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter 59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community supervision or to proceed with an adjudication of guilt;
(11) setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the referring judge considers necessary and proper.
SECTION 4.____. Subchapter H, Chapter 54, Government Code, is amended by adding Section 54.6585 to read as follows:
Sec. 54.6585. CLERK. (a) The district clerk serves as clerk of the cases referred to a magistrate under this subchapter, except:
(1) the county clerk serves as clerk for a Class A or Class B misdemeanor case filed in a county criminal court and referred to a magistrate; and
(2) the originating justice court clerk serves as clerk for a Class C misdemeanor case filed in a justice court and referred to a magistrate.
(b) The district clerk shall establish a docket and keep the minutes for the cases referred to a magistrate under this subchapter. The local administrative judge shall ensure the duties required under this subsection are performed. To facilitate the duties associated with serving as the clerk for the cases referred to a magistrate, the district clerk and deputy district clerks may serve as deputy county clerks and deputy justice clerks at the discretion of the district clerk.
(15) On page 45, line 10, strike "appoint" and substitute "assign [appoint]".
(16) Add the following appropriately numbered SECTION to ARTICLE 5 of the bill and renumber subsequent SECTIONS of ARTICLE 5 of the bill accordingly:
SECTION 5.____. Subchapter C, Chapter 54A, Government Code, is amended by adding Section 54A.219 to read as follows:
Sec. 54A.219. VISITING ASSOCIATE JUDGES. (a) This section does not limit the authority of the presiding judge of the statutory probate courts to assign a judge under Section 25.0022 to assist with processing cases in a reasonable time.
(b) The local administrative probate judge or, for a county without a local administrative probate judge, a statutory probate court judge of the county in which an associate judge appointed under this subchapter serves may assign a visiting associate judge to perform the duties of an associate judge appointed under this subchapter only if:
(1) the associate judge is temporarily unable to perform the associate judge's official duties because of absence resulting from:
(A) illness;
(B) injury;
(C) disability;
(D) personal emergency;
(E) military service;
(F) vacation; or
(G) attendance at a continuing legal education program;
(2) the associate judge requests assistance due to a heavy workload or a pandemic-related emergency; or
(3) a vacancy occurs in the position of associate judge.
(c) A visiting associate judge assigned under this section may be assigned to serve during the period an associate judge is unable to perform the associate judge's duties, during the period the associate judge needs assistance in managing the judge's workload, or until another associate judge is appointed to fill a vacancy in the position of associate judge.
(d) A person is not eligible for assignment under this section unless the person has served as an associate judge under this subchapter for at least two years before the date of assignment.
(e) A visiting associate judge assigned under this section is subject to each provision of this subchapter that applies to an associate judge appointed under this subchapter. An assigned visiting associate judge is entitled to compensation equal to the salary of the associate judge, prorated for time served. A visiting associate judge is not considered a county employee for any purpose.
(17) Add the following appropriately numbered SECTION to ARTICLE 6 of the bill and renumber subsequent SECTIONS of ARTICLE 6 of the bill accordingly:
SECTION 6.____. Section 45.315, Government Code, is amended to read as follows:
Sec. 45.315. STEPHENS COUNTY. (a) The county attorney shall represent the state in all cases before the County Court of Stephens County.
(b) The county attorney of Stephens County shall represent the state in all misdemeanor cases before the district court of the county.
(18) On page 60, strike lines 7 through 11 and substitute the following:
(a) The state shall reimburse a county:
(1) $14 a day for the reimbursement paid under Section 61.001(a)(1) to a person who reports for jury service in response to the process of a court for the first day or fraction of the first day in attendance in court in response to the process; and
(2) $52 [$34] a day for the reimbursement paid under Section 61.001(a)(2) [61.001] to a person who reports for jury service in response to the process of a court for each day or fraction of each day after the first day in attendance in court in response to the process.
(19) Strike page 74, line 24, through page 75, line 5, and renumber subsequent SECTIONS of ARTICLE 10 of the bill accordingly.
(20) Add the following appropriately numbered SECTIONS to ARTICLE 13 of the bill and renumber subsequent SECTIONS of ARTICLE 13 of the bill accordingly:
SECTION 13.____. Article 18.01(d), Code of Criminal Procedure, is amended to read as follows:
(d) Only the specifically described property or items set forth in a search warrant issued under Article 18.02(a)(10) or property, items or contraband enumerated in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A subsequent search warrant may be issued pursuant to Article 18.02(a)(10) to search the same person, place, or thing subjected to a prior search under Article 18.02(a)(10) only if the subsequent search warrant is issued by a judge of a statutory county court, a district court, a court of appeals, the court of criminal appeals, or the supreme court.
SECTION 13.____. Article 18.0215(b), Code of Criminal Procedure, is amended to read as follows:
(b) A warrant under this article may be issued only by a judge, including a judge of a statutory county court, in the same judicial district as the site of:
(1) the law enforcement agency that employs the peace officer, if the cellular telephone or other wireless communications device is in the officer's possession; or
(2) the likely location of the telephone or device.
SECTION 13.____. Sections 4-c(a), (c), (d), and (e), Article 38.01, Code of Criminal Procedure, are amended to read as follows:
(a) On a determination by the commission that a license holder or crime laboratory has committed professional negligence or professional misconduct under this article, violated the code of professional responsibility under this article, or otherwise violated this article or a rule or order of the commission under this article, the commission may, as applicable:
(1) revoke or suspend the person's license or crime laboratory's accreditation;
(2) refuse to renew the person's license or crime laboratory's accreditation; or
(3) reprimand the license holder or crime laboratory.
(c) The commission shall give written notice by certified mail of a determination described by Subsection (a) to the applicable [a] license holder or crime laboratory [who is the subject of the determination]. The notice must:
(1) include a brief summary of the alleged negligence, misconduct, or violation;
(2) state the disciplinary action taken by the commission; and
(3) inform the license holder or crime laboratory of the license holder's or crime laboratory's right to a hearing before the Judicial Branch Certification Commission on the occurrence of the negligence, misconduct, or violation, the imposition of a disciplinary action, or both.
(d) Not later than the 20th day after the date the license holder or crime laboratory receives the notice under Subsection (c), the license holder or crime laboratory may accept the disciplinary action or request a hearing by submitting a written request to the Judicial Branch Certification Commission to contest the findings of fact or conclusions of law, the occurrence of the negligence, misconduct, or violation, or the imposition of a disciplinary action, as applicable. If the license holder or crime laboratory fails to timely submit a request, the commission's disciplinary action becomes final and is not subject to review by the Judicial Branch Certification Commission.
(e) If the license holder or crime laboratory requests a hearing, the Judicial Branch Certification Commission shall conduct a hearing to determine whether there is substantial evidence to support the determination under Subsection (a) that the negligence, misconduct, or violation occurred [license holder committed professional misconduct or violated this article or a commission rule or order under this article]. If the Judicial Branch Certification Commission upholds the determination, the Judicial Branch Certification Commission shall determine the type of disciplinary action to be taken. The Judicial Branch Certification Commission shall conduct the hearing, and any appeal of that commission's decision, in accordance with the procedures provided by Subchapter B, Chapter 153, Government Code, as applicable, and the rules of the Judicial Branch Certification Commission.
SECTION 13.____. Article 42.15, Code of Criminal Procedure, is amended by adding Subsection (a-2) to read as follows:
(a-2) A defendant may waive the requirement for the inquiry described by Subsection (a-1) to be on the record.
(21) Add the following appropriately numbered ARTICLES and SECTIONS to the bill and renumber subsequent ARTICLES and SECTIONS accordingly:
ARTICLE ____. JUVENILE BOARDS
SECTION ____.____. Section 152.0671(a), Human Resources Code, is amended to read as follows:
(a) The Denton County Juvenile Board is composed of the county judge, the district judges in Denton County, and the judge of any county court at law [statutory court] in the county.
SECTION ____.____. Section 152.2264, Human Resources Code, is amended to read as follows:
Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT ADMINISTRATOR. (a) Subject to the approval of the commissioners court, the judges of the district courts that give preference to criminal cases, the judges of the criminal district courts, and the judges of the county criminal courts of Tarrant County [and county courts in Tarrant County that give preference to criminal matters] may use the services of a criminal courts administrator.
(b) A judge may not be subjected to a suit for, and is immune from liability for damages arising from, an act or omission committed while performing a duty under this section unless the act or omission is:
(1) committed intentionally, wilfully, or wantonly; or
(2) committed with:
(A) gross negligence; [or]
(B) conscious indifference [or reckless disregard] for the safety of others; or
(C) reckless disregard for the safety of others.
ARTICLE ____. TEXAS INDIGENT DEFENSE COMMISSION
SECTION ____.____. Section 79.012(b), Government Code, is amended to read as follows:
(b) The executive director:
(1) [must be a licensed attorney;
[(2)] must demonstrate an interest in the standards for and provision of criminal defense services to indigent individuals;
(2) [(3)] may not engage in the private practice of law; and
(3) [(4)] may not accept money, property, or any other thing of value not authorized by law for services rendered under this chapter.
ARTICLE ____. ADMINISTRATION OF OATHS
SECTION ____.____. Section 602.002, Government Code, is amended to read as follows:
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this state may be administered and a certificate of the fact given by:
(1) a judge, retired judge, or clerk of a municipal court;
(2) a judge, retired judge, senior judge, clerk, or commissioner of a court of record;
(3) a justice of the peace, a retired justice of the peace, or a clerk of a justice court;
(4) an associate judge, magistrate, master, referee, or criminal law hearing officer;
(5) a notary public;
(6) a member of a board or commission created by a law of this state, in a matter pertaining to a duty of the board or commission;
(7) a person employed by the Texas Ethics Commission who has a duty related to a report required by Title 15, Election Code, in a matter pertaining to that duty;
(8) a county tax assessor-collector or an employee of the county tax assessor-collector if the oath relates to a document that is required or authorized to be filed in the office of the county tax assessor-collector;
(9) the secretary of state or a former secretary of state;
(10) an employee of a personal bond office, or an employee of a county, who is employed to obtain information required to be obtained under oath if the oath is required or authorized by Article 17.04 or by Article 26.04(n) or (o), Code of Criminal Procedure;
(11) the lieutenant governor or a former lieutenant governor;
(12) the speaker of the house of representatives or a former speaker of the house of representatives;
(13) the governor or a former governor;
(14) a legislator or retired legislator;
(14-a) the secretary of the senate or the chief clerk of the house of representatives;
(15) the attorney general or a former attorney general;
(16) the secretary or clerk of a municipality in a matter pertaining to the official business of the municipality;
(17) a peace officer described by Article 2.12, Code of Criminal Procedure, if:
(A) the oath is administered when the officer is engaged in the performance of the officer's duties; and
(B) the administration of the oath relates to the officer's duties; or
(18) a county treasurer.
ARTICLE ____. APPELLATE RECORD
SECTION ____.____. (a) Subchapter B, Chapter 51, Civil Practice and Remedies Code, is amended by adding Section 51.018 to read as follows:
Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not later than the 10th day after the date that a party files a notice of appeal for a civil suit, the party may notify the trial court and the court of appeals that the party will file an appendix that replaces the clerk's record for the appeal.
(b) The party must file the appendix with the party's appellate brief. Except in an expedited proceeding or by order of the court, the brief and appendix must be filed not later than the 30th day after the later of:
(1) the date that the party provided notice under Subsection (a); or
(2) the date that a reporter's record, if any, is filed with the court of appeals.
(c) An appendix filed under this section must contain a file-stamped copy of each document required by Rule 34.5, Texas Rules of Appellate Procedure, for a civil suit and any other item the party intends to reference in the party's brief. The appendix may not contain a document that has not been filed with the trial court except by agreement of the parties to the appeal.
(d) An appendix filed in accordance with this section becomes part of the appellate record. A court clerk may not prepare or file a clerk's record or assess a fee for preparing a clerk's record if a party files an appendix in accordance with this section.
(b) Section 51.018, Government Code, as added by this section, applies only to a party that files a notice of appeal on or after January 1, 2024. A party that files a notice of appeal before January 1, 2024, is governed by the law in effect on the date the notice was given, and the former law is continued in effect for that purpose.
ARTICLE ____. DELIVERY OF DOCUMENTS
SECTION ____.____. The heading to Chapter 80, Government Code, is amended to read as follows:
CHAPTER 80. DELIVERY OF NOTICE, ORDERS, AND DOCUMENTS
SECTION ____.____. Section 80.001, Government Code, is amended to read as follows:
Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court, justice, judge, magistrate, or clerk may send any notice or document by a method authorized by Section 80.002(a) [80.002].
SECTION ____.____. Section 80.002, Government Code, is amended to read as follows:
Sec. 80.002. [AUTHORIZED] DELIVERY OF NOTICE, ORDER, OR DOCUMENT. (a) A court, justice, judge, magistrate, or clerk may send any notice or document using mail or electronic mail. This subsection [section] applies to all civil and criminal statutes requiring delivery of a notice or document.
(b) In addition to any other delivery method required or authorized by law or supreme court rule, a statutory county court, district court, or appellate court shall deliver through the electronic filing system established under Section 72.031 to all parties in each case in which the use of the electronic filing system is required or authorized all court orders the court enters for the case.
Amendment No. 2
Representative Schofield offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Leach to CSHB 3474 (house committee report) on page 25, following line 4, by inserting the following:
ARTICLE ____. SERVICE OF PROCESS
SECTION ____.001. Chapter 30, Civil Practice and Remedies Code, is amended by adding Section 30.0035 to read as follows:
Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation or other civil process in person on a member, officer, or employee of the senate or house of representatives during any legislative proceeding. A court shall quash any service made in violation of this section. The supreme court shall revoke the certification of a process server who violates this section. This section is not subject to Section 22.004(c), Government Code.
Amendment No. 2 was adopted.
Amendment No. 1, as amended, was adopted.
Amendment No. 3
Representative Metcalf offered the following amendment to CSHB 3474:
Amend CSHB 3474 (house committee printing) by striking ARTICLE 7 of the bill and renumbering subsequent ARTICLES and SECTIONS accordingly.
Amendment No. 3 was adopted.
CSHB 3474, as amended, was passed to engrossment.
CSHB 19 ON SECOND READING
(by Murr, Leach, Landgraf, Meyer, et al.)
CSHB 19, A bill to be entitled An Act relating to the creation of a specialty trial court to hear certain cases; authorizing fees.
Representative Murr moved to postpone consideration of CSHB 19 until 4:30 p.m. today.
The motion prevailed.
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
HJR 27 ON SECOND READING
(by Craddick, Darby, Hunter, Guillen, Raymond, et al.)
HJR 27, A joint resolution proposing a constitutional amendment providing for the creation of and use of money in the Grow Texas fund and allocating certain general revenues to that fund, the economic stabilization fund, and the state highway fund.
HJR 27 - POINT OF ORDER
Representative Martinez Fischer raised a point of order against further consideration of HJR 27 under Rule 8, Section 21(a), of the House Rules on the grounds that it indirectly or directly prevents money from being available for the purposes of funding state government generally during the first 118 days of the regular session.
(C.J. Harris in the chair)
The point of order was withdrawn.
HJR 27 was adopted by (Record 764): 121 Yeas, 14 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hefner; Hernandez; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Shine; Slaton; Smith; Smithee; Spiller; Stucky; Tepper; Thimesch; Thompson, S.; Troxclair; VanDeaver; Vasut; Walle; Wu; Zwiener.
Nays — Anchía; Collier; González, J.; Harrison; Hinojosa; Manuel; Ramos; Schaefer; Sherman; Slawson; Swanson; Tinderholt; Toth; Turner.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bernal; Bucy; Howard; Johnson, J.E.; Plesa; Talarico; Vo; Wilson.
STATEMENTS OF VOTE
When Record No. 764 was taken, I was in the house but away from my desk. I would have voted yes.
Howard
When Record No. 764 was taken, I was shown voting yes. I intended to vote no.
Meza
When Record No. 764 was taken, I was shown voting yes. I intended to vote no.
C. Morales
When Record No. 764 was taken, I was shown voting no. I intended to vote yes.
Ramos
HJR 111 ON SECOND READING
(by Landgraf, Guillen, Dean, Murr, Hunter, et al.)
HJR 111, A joint resolution proposing a constitutional amendment providing for the creation of the Texas severance tax revenue and oil and natural gas (Texas STRONG) defense fund, dedicating the money in that fund to benefit areas of the state significantly affected by oil and gas production, and providing for the transfer of certain general revenues to that fund, the economic stabilization fund, the state highway fund, the oil and gas regulation and cleanup account, the Texas emissions reduction plan fund, and the property tax relief fund.
HJR 111 was adopted by (Record 765): 139 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Ramos; Tinderholt.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Oliverson; Schofield.
CSHJR 132 ON SECOND READING
(by Hefner, Meyer, Vasut, Burrows, Raymond, et al.)
CSHJR 132, A joint resolution proposing a constitutional amendment prohibiting the legislature from imposing a tax on the net worth of individuals or businesses.
CSHJR 132 was passed to engrossment by (Record 766): 93 Yeas, 49 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Gámez; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Davis; Flores; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Plesa.
STATEMENTS OF VOTE
When Record No. 766 was taken, I was shown voting yes. I intended to vote no.
Dutton
When Record No. 766 was taken, I was shown voting no. I intended to vote yes.
Garcia
COMMITTEE GRANTED PERMISSION TO MEET
Representative Burrows requested permission for the Committee on Calendars to meet while the house is in session, at 4 p.m. today, in 1W.14, to consider a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
At 2:58 p.m., the following committee meeting was announced:
Calendars, 4 p.m. today, 1W.14, for a formal meeting, to consider a calendar.
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 1506 ON SECOND READING
(by Meyer)
HB 1506, A bill to be entitled An Act relating to the statute of limitations for the offense of abandoning or endangering a child.
Amendment No. 1
Representative Canales offered the following amendment to HB 1506:
Amend HB 1506 (house committee report) as follows:
(1) On page 3, line 7, strike "[or]" and substitute "or".
(2) On page 3, line 9, strike "or".
(3) On page 3, strike line 10.
(4) On page 5, line 6, strike "or" and substitute "[or]".
(5) On page 5, line 12, following the semicolon, insert "or".
(6) On page 5, between lines 12 and 13, insert the following:
(D) abandoning or endangering a child;
Amendment No. 1 was adopted.
HB 1506, as amended, was passed to engrossment.
HB 1357 ON SECOND READING
(by Holland)
HB 1357, A bill to be entitled An Act relating to Medicaid reimbursement for certain medication-assisted treatments for opioid or substance use disorder.
HB 1357 - REMARKS
REPRESENTATIVE HOLLAND: HB 1357 fully implements the opioid treatment pilot program at HHSC for medication-assisted treatments by removing the sunset date from statute.
Amendment No. 1
Representative Davis offered the following amendment to HB 1357:
Amend HB 1357 (house committee printing) by inserting the following new section to the bill and renumbering subsequent sections of the bill accordingly:
SECTION ____. The agency shall take the necessary steps to expand medical assistance for medication-assisted opioid or substance use disorder treatment if it determines that medical assistance reimbursement for medication-assisted opioid or substance use disorder treatment is authorized under the American Rescue Plan Act of 2021, Public Law 117-2, § 9814. The agency shall request reimbursement from a federal agency under the American Rescue Plan Act of 2021, Public Law 117-2, § 9814 to cover current and future Medicaid expansion cost.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE DAVIS: This is an amendment that gives us an opportunity to expand Medicaid. I know that Mr. Holland's bill is trying to keep Medicaid open to some and this amendment opens it up to everyone who is eligible for Medicaid. The state has an opportunity to receive as much as $5 billion to provide care for indigent folks in our state. Today, 41 states have expanded Medicaid. Texas has the highest percentage of uninsured among its population, with about four million people uninsured in Texas. Texas should fully embrace Medicaid expansion so that we can provide coverage for as many citizens as we can. Again, this is an opportunity for Texas to support all of its citizens and provide health care for them.
REPRESENTATIVE REYNOLDS: Representative Davis, you just said that if Texas expanded Medicaid, that we would receive approximately $5 billion. It is my estimate—I've done some research—it's about $5.4 billion annually, is that not correct?
DAVIS: That is my understanding. And that is the amount of money that Texas is missing out on to provide health care coverage for folks in the State of Texas.
REYNOLDS: And you also stated that 41 states had already expanded Medicaid. Is that not correct?
DAVIS: It is my understanding that 41 states have already expanded, including D.C. This is an opportunity, Representative Reynolds, for the State of Texas to commit to covering indigent folks with health care. We should not want them to have to go to the emergency room for health care.
REYNOLDS: In fact, if we expand Medicaid, we're going to help insure about one million Texans. Is that not correct?
DAVIS: That's correct.
REYNOLDS: And as you stated, unfortunately, Texas has the highest number of uninsured in the country. Is that not correct?
DAVIS: That's correct.
REYNOLDS: So we're dead last in insuring people in this country, is that correct?
DAVIS: That's correct. And again, this bill is providing care for some. My amendment just says we ought to provide health care for everyone that needs health care. That's what this amendment does—it opens it up. We're repealing it so that we can continue to cover those that are getting opioid treatment. I think that's fine. I think that makes sense. But I think it makes even more sense that we would be covering everyone who needs health care through this expansion program, and it allows us to also pull down federal dollars to provide their care.
REYNOLDS: Representative Davis, I've done a little research on this Medicaid expansion since it was adopted by former President Barack Obama, also known as Obamacare or the Affordable Care Act. Are you aware that other red states now—including Kentucky and other states—have adopted Medicaid expansion? We're now just one of 10 states that haven't done it.
DAVIS: And the reason they're doing it, Representative Reynolds, is simple. They know that in order for their state to be healthy they need health care. This health care insurance through Medicaid will prevent our hospitals from being bogged down in emergency rooms. They can get health care before they get seriously ill. We've got folks in Texas who have an income under $20,000. We need to make sure we don't leave these people behind as we try to grow and improve the quality of life in our state. That's what this amendment does. It just opens up and provides health care for those who are not covered currently.
REYNOLDS: Representative Davis, I'm very concerned—and I hope people are paying attention. This is literally a matter of life and death. Would you agree with me that there are people who have preventable diseases and illnesses and if they had access to health care, they could possibly extend their lives? Is that right?
DAVIS: I agree, Representative Reynolds. It's unfortunate that the house continues to ignore all of the citizens in the state and only deals with a small segment of it. This opportunity comes again before us to say we want to do better by all Texans. This amendment just allows us to expand health care to those who currently don't get it, but are eligible for Medicaid if we would expand it to the furthest degree. Again, this is an opportunity for us to create a healthier society in Texas by providing health care for them.
REYNOLDS: We've talked about the health component of it, which is the most important because we can't put a price tag on people's health, but what about the economic impact? We're talking about $5.4 billion. That is going to help stimulate our economy and create more jobs. Wouldn't you agree?
DAVIS: I agree that any time you put $5 billion into the economy it has to have a positive impact, and that's what this does. Not only do we take care of the people in Texas, but we also create an economic impact that's beneficial to the State of Texas, our doctors, and our medical facilities. So it's a win-win for everyone.
REYNOLDS: I have a few more questions. It's my understanding from my research over the years that the chambers of commerce—they're in favor of Medicaid expansion. Are you aware of that? Are you aware that numerous chambers of commerce are in favor of Medicaid expansion because of the economic impact that it would have on Texas?
DAVIS: The chambers of commerce and also our medical facilities. They realize the value of this influx of money to provide health care for folks who will show up in their emergency rooms. So this is an opportunity for us to do something for Texans. We keep ignoring that we ought to be here for the people. For some reason we keep thinking, "It's the next bill, it's the next bill." We've denied health care to so many folks that we could have covered if we had been interested enough in the whole of communities in the State of Texas and not just a few.
REYNOLDS: And Representative Davis, finally, have you heard that our rural hospitals—and those people in the rural areas ought to be particularly aware of this—rural hospitals in the state are closing down because they lack Medicaid expansion. Have you heard that?
DAVIS: I have heard that.
REYNOLDS: And are you familiar that rural hospital associations—there's been numerous doctors and medical associations—they're all in favor of Medicaid expansion. Are you aware of that?
DAVIS: I am aware of that. I've had many health care providers say that should be an easy thing for us to do in the State of Texas—to expand Medicaid. I don't know why we, as a state, would jeopardize our citizens health and our facilities by not taking on this extra economic benefit to the citizens of the State of Texas.
REYNOLDS: Representative Davis, I have one last question for you. Do you know who the biggest benefactors are of us—Texas—not expanding Medicaid? Do you know who the biggest benefactors are?
DAVIS: I think any time we invest in Texas and our people, Texas benefits from that. I know the health care community will benefit from that; I know our children will benefit from that. You know, we talk about caring about people, but when it's time for us to do something, we don't do it. Five billion dollars coming into our state covering a million people—what are we waiting on? This is an opportunity.
REYNOLDS: And Representative Davis, the biggest benefactors are other states that are receiving these federal dollars so that $5 billion does not come to Texas. It's going to other states. Thank you for this amendment. I fully support it. This is fiscally conservative, it stimulates our economy, and it helps save lives.
REYNOLDS: Representative Davis' amendment would help to insure approximately one million Texans that are currently uninsured. Texas has the distinction of being dead last with the highest number of uninsured. That should be unacceptable, and not just from a health care standpoint.
There are people who are literally dying every single day because they don't have access to health care—people that could be getting treated for diabetes, people that could be getting treatment for cancer, and other illnesses that only go to the emergency room when they're stage IV and the doctor says, "Hey, I can only make you comfortable. If only you came to me years earlier, we could've put you on a treatment plan." But you didn't have health care, so you didn't do it. You couldn't get the mammograms, you couldn't get the CAT scans, you couldn't get the MRIs because you can't pay the tens of thousands of dollars. So when you were almost on your death bed at the emergency room, where they had to treat you, only to find out now that you can't get treatment.
This amendment, members, makes sense from a health care standpoint. We're now one of 10 states that has not expanded Medicaid. When are we going to get serious about taking care of health care? That health care is not just a privilege for the well-to-do middle class, but a right that everyone should have. When people are healthy, they are more productive citizens, they contribute more. This amendment would ensure that we are receiving $5.4 billion annually. For anyone that cares about the economic impact, that alone should be enough for us to make sure that we are with other states that expanded Medicaid. And I get it. I get that it's a partisan issue. Unfortunately, people have made it a partisan issue, but you can provide a Texas solution. Other states that have implemented it have done it according to their state. We can put a Texas solution on Medicaid expansion so we can get that $5.4 billion annually, so that we can stop closing down rural hospitals, so that we can insure people and save lives. It's fiscally responsible and it helps save lives. If this money doesn't come to Texas, it'll continue to go to other states.
I think this is a great amendment. I think this makes us fiscally responsible, it helps create more jobs, it helps out our economy, and it helps to make sure people, more importantly, have access to quality health care in this state. I ask for your favorable consideration of Representative Davis' amendment.
REPRESENTATIVE HOLLAND: This bill is about a pilot program that was very successful at HHSC. We're removing the sunset date and continuing the pilot program for opioid treatment in response to the opioid crisis. This is not about the expansion of Medicaid. Ms. Davis did not come talk to me about that. I oppose the amendment and I ask you to vote no on this amendment.
DAVIS: Representative Holland, are you aware that there are four million people uninsured in Texas?
HOLLAND: I take your word at that, Ms. Davis.
DAVIS: Are you aware that we could potentially get $5 billion into the state, as the economic booster provides expanded Medicare for these individuals?
HOLLAND: I'm not advised. That's not what this bill does.
DAVIS: No, this bill as I understand it, you're repealing the date that says that you're going to continue to treat opioid patients with Medicaid. Is that correct?
HOLLAND: For this certain pilot program, the HHSC?
DAVIS: That's what this bill does. I just want to make sure I'm clear that you're just repealing the date to extend Medicaid longer to a certain class of people? Is that correct?
HOLLAND: For the people who participated in the medication-assisted treatment program—currently open access is permitted for these drugs in the Medicaid program, just like many other prescriptions available today to Texans.
DAVIS: So it's for a certain class of people who take certain medicines, is that correct?
HOLLAND: People who use these to combat their opioid addiction.
DAVIS: My amendment suggests that is it not appropriate for us to look at other folks that it could cover?
HOLLAND: We're about to take a vote on it.
DAVIS: Well, I understand we're taking a vote on it, but I mean, do you think that we would benefit as a state to cover these four million people?
HOLLAND: I greatly respect your opinion on that, but I oppose your amendment, Ms. Davis.
REPRESENTATIVE TURNER: I appreciate you bringing this amendment. I just want to make sure that the body understands what this vote is. In essence, your amendment says that Texas has the ability to draw down additional federal dollars that are rightfully ours and that without affirmative decision by this house, we will continue to leave on the table in Washington. Is that right?
DAVIS: That's correct.
TURNER: And is it correct that you are bringing this amendment before us today because we are losing more than $5 billion a year in federal dollars that rightfully belong to the people of Texas, but the legislature has not acted, therefore we are losing those dollars?
DAVIS: That's correct. We always talk about bringing our Texas dollars back to Texas, but in fact, in this instance, we are leaving $5 billion in D.C. and not bringing it home. We are leaving a community behind that could be utilizing health care that they are not getting because they can't afford it.
The other thing I will just tell you is that we shouldn't have to have our communities drugged out before we can get coverage. I have supported the mental health legislation. I have supported the fentanyl, opiate—I support those folks getting health care. Why can't we support other people—get the same access to health care? Do they have to be drugged out? Can they just be old? Can they just be poor? Can they just have more children that need special care because they have issues? Why are we willing to leave communities behind when we have an opportunity to not only provide health care, but get the money to pay for it––$5 billion?
TURNER: I quite agree, Representative Davis. Would you agree this is especially important for Texas because Texas continues to lead the nation in both the number of uninsured and the percentage of uninsured?
DAVIS: That's correct. That's what is disappointing because we say we are the number one state and we are willing to leave our communities behind—other communities behind. I would hate to think that we have to all be on some level of drugs before we can provide health care. We have done mental health care because we see the need. We have done these other kinds of programs because we see a need. What is the most basic need? All those that are left behind. Why wouldn't we want to cover them? So again, this is an opportunity for Texas to show up and say they are committed to the citizens of this state, whether they are poor, whether they're mentally—whatever, to provide health care for them. This opportunity exists today. And I will tell members, this is not partisan. This is not partisan. This is people from all walks of life who deserve health care.
TURNER: Representative, I am glad you made that point because isn't it true, as Representative Reynolds said, 40 other states have expanded Medicaid and many of those are either completely republican-controlled states, or a mixture of republican and democratic control, isn't that correct? They made a decision to do that for their people?
DAVIS: That's correct. And let me mention that when we have discussed any other health care, we hadn't talked about whether it was the red communities or the blue communities. We talked about citizens needing health care because of issues that are going on with them. This is the same notion here. They are Texans who need health care. That's what we should be providing. We have an opportunity, we have resources available, and most of all we can help our health care facilities. That infusion of cash would be great for them because they are going to see these patients in the emergency rooms and that care is much more expensive than other care.
TURNER: And Representative Davis, isn't it correct that if your amendment passes, the Texans we will be helping the most are working Texans who simply don't have health insurance through their jobs for whatever reason, but don't qualify for our existing Medicaid program? So they are caught in this black hole where they just can't get insurance under the existing options. Your amendment would give them a new option to get health care, is that right?
DAVIS: That is correct. That is what this amendment is about: taking care of Texans, and doing it in a way that we don't leave anybody behind—to the extent that we can do this and we can take care of four million people and get the money to take care of them. Why are we hesitating to do that? I can tell you that if this was on any other initiative—if it was transportation, we would take the money. We would take the money. How can we not take the money for health care?
TURNER: I appreciate the bill author's comments about what his bill is about. I support his bill as I imagine you do too. The bill being about opioids, in part—isn't it true that many people, if not most, the way they get addicted to opioids isn't because they are wanting to use drugs, it's because they have a health condition that is painful and causes them pain. They're prescribed an opioid to deal with the pain, and if they had better health care on the front end, maybe their condition wouldn't result in such chronic pain down the road and they wouldn't even need to be prescribed that opioid. Isn't that correct?
DAVIS: That's correct. That's my thought—that we can be in front of these issues instead of behind them. I don't oppose his bill, he is just extending it because the need is still there. I'm just suggesting that we extend it to everyone. Give them the opportunity to have health care as we are doing for these patients.
TURNER: Absolutely, thank you.
A record vote was requested.
Amendment No. 1 failed of adoption by (Record 767): 57 Yeas, 84 Nays, 2 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; Davis; Dutton; Gámez; Garcia; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Anderson; Gervin-Hawkins.
STATEMENTS OF VOTE
When Record No. 767 was taken, I was in the house but away from my desk. I would have voted no.
Anderson
When Record No. 767 was taken, I was shown voting no. I intended to vote yes.
Flores
When Record No. 767 was taken, I was in the house but away from my desk. I would have voted yes.
Gervin-Hawkins
HB 1357 was passed to engrossment.
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).
COMMITTEE MEETING ANNOUNCEMENT
At 3:23 p.m., the following committee meeting was announced:
Transportation, upon recess today, 1W.14, for a formal meeting, to consider pending, referred, and committee business.
(Speaker in the chair)
HB 1683 ON SECOND READING
(by Walle, Bonnen, and Buckley)
HB 1683, A bill to be entitled An Act relating to the Occupational Therapy Licensure Compact; authorizing fees.
HB 1683 was passed to engrossment.
HB 1710 ON SECOND READING
(by Canales)
HB 1710, A bill to be entitled An Act relating to notice provided to a court regarding a defendant confined in a state jail felony facility.
HB 1710 was passed to engrossment.
REMARKS ORDERED PRINTED
Representative Reynolds moved to print all remarks on HB 1357.
The motion prevailed.
HB 475 ON SECOND READING
(by Hull, Noble, Rose, Klick, and Manuel)
HB 475, A bill to be entitled An Act relating to certain policies and procedures for health care specialty consultations in certain child abuse or neglect investigations and assessments.
Amendment No. 1
Representative Hull offered the following amendment to HB 475:
Amend HB 475 (house committee report) on page 2, line 22, between "purpose" and the underlined period, by inserting "by a health care professional providing an alternative or second opinion or performing diagnostic testing".
Amendment No. 1 was adopted.
HB 475, as amended, was passed to engrossment.
HB 433 ON SECOND READING
(by VanDeaver)
HB 433, A bill to be entitled An Act relating to the definition of a commercial fleet.
HB 433 was passed to engrossment.
CSHB 4835 ON SECOND READING
(by Metcalf)
CSHB 4835, A bill to be entitled An Act relating to the creation and operations of certain health care provider participation programs.
CSHB 4835 was passed to engrossment.
CSHB 4363 ON SECOND READING
(by Kuempel, Lalani, Bucy, Plesa, et al.)
CSHB 4363, A bill to be entitled An Act relating to the establishment of the Future Texas Teachers Scholarship Program for certain students at public institutions of higher education.
CSHB 4363 was passed to engrossment.
HB 1907 ON SECOND READING
(by Anchía, Canales, and Garcia)
HB 1907, A bill to be entitled An Act relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
HB 1907 was passed to engrossment.
HB 2651 ON SECOND READING
(by Howard, Jetton, A. Johnson, Harless, and Oliverson)
HB 2651, A bill to be entitled An Act relating to required training and continuing education requirements for persons who provide medical care or other support to survivors of sexual assault.
Amendment No. 1
Representative Oliverson offered the following amendment to HB 2651:
Amend HB 2651 (house committee printing) as follows:
(1) Strike SECTION 5 of the bill (page 4, line 4, through page 5, line 1).
(2) On page 7, line 26, strike "Sections 156.057 and 301.306" and substitute "Section 301.306".
(3) Strike SECTION 11 of the bill (page 8, lines 6-8).
(4) Renumber the SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
HB 2651, as amended, was passed to engrossment.
HB 2316 ON SECOND READING
(by Canales)
HB 2316, A bill to be entitled An Act relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
HB 2316 was passed to engrossment.
HB 1817 ON SECOND READING
(by Capriglione)
HB 1817, A bill to be entitled An Act relating to the validity of a contract for which a disclosure of interested parties is required.
A record vote was requested.
HB 1817 was passed to engrossment by (Record 768): 131 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Sherman; Shine; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Dorazio; Slaton; Tinderholt.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Davis; Gervin-Hawkins; Harrison; King, T.; Oliverson; Rogers; Schofield; Slawson; Smith.
STATEMENTS OF VOTE
When Record No. 768 was taken, I was in the house but away from my desk. I would have voted no.
Harrison
When Record No. 768 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 768 was taken, I was in the house but away from my desk. I would have voted yes.
Rogers
When Record No. 768 was taken, I was in the house but away from my desk. I would have voted yes.
Slawson
CSHB 1718 ON SECOND READING
(by Ashby, Button, Shine, Clardy, et al.)
CSHB 1718, A bill to be entitled An Act relating to rural development funds and insurance tax credits for certain investments in those funds; authorizing fees.
A record vote was requested.
CSHB 1718 was passed to engrossment by (Record 769): 108 Yeas, 31 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Neave Criado; Orr; Ortega; Perez; Plesa; Price; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Stucky; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; Cook; Dorazio; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hinojosa; Isaac; Klick; Leo-Wilson; Murr; Noble; Oliverson; Patterson; Paul; Ramos; Schaefer; Schatzline; Schofield; Shaheen; Slaton; Slawson; Spiller; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Gates; Jetton; Meza; Rogers; Swanson.
STATEMENTS OF VOTE
When Record No. 769 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 769 was taken, I was in the house but away from my desk. I would have voted no.
Gates
When Record No. 769 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 769 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 769 was taken, I was in the house but away from my desk. I would have voted yes.
Rogers
When Record No. 769 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
CSHB 2334 ON SECOND READING
(by Burns, Button, and Shine)
CSHB 2334, A bill to be entitled An Act relating to an exemption from the plumbing licensing law for certain work performed on certain private property.
CSHB 2334 was passed to engrossment.
CSHB 2557 ON SECOND READING
(by Buckley, Raney, Plesa, Burns, et al.)
CSHB 2557, A bill to be entitled An Act relating to the Licensed Professional Counselors Compact; authorizing fees.
CSHB 2557 was passed to engrossment.
HB 2683 ON SECOND READING
(by Burns, et al.)
HB 2683, A bill to be entitled An Act relating to the use of dyed diesel fuel to operate a motor vehicle during and for a limited period following certain disasters.
HB 2683 was passed to engrossment.
HB 2808 ON SECOND READING
(by VanDeaver and Garcia)
HB 2808, A bill to be entitled An Act relating to the finality of public school accountability determinations.
HB 2808 was passed to engrossment.
CSHB 2818 ON SECOND READING
(by Cain, Rosenthal, T. King, Toth, Bernal, et al.)
CSHB 2818, A bill to be entitled An Act relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.
Amendment No. 1
Representative Cain offered the following amendment to CSHB 2818:
Amend CSHB 2818 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___. Section 122.102, Agriculture Code, is amended to read as follows:
Sec. 122.102. LICENSE AND HEMP RESEARCH PERMIT INELIGIBILITY. (a) An individual who is or has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the 10th anniversary of the date of the conviction:
(1) hold a license under this subchapter or a hemp research permit under Subchapter A; or
(2) be a governing person of a business entity or nonprofit research entity that holds a license under this subchapter or a hemp research permit under Subchapter A.
(b) The department may not issue a license under this subchapter or a hemp research permit under Subchapter A to a person who materially falsifies any information contained in an application submitted to the department under Section 122.005 or 122.103.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Bernal offered the following amendment to CSHB 2818:
Amend CSHB 2818 (house committee report) as follows:
(1) Under SECTION 5, Sec. 122.051(d) on page 3, strike lines 18 through 20 and substitute the following:
(d) This chapter, Chapter 121, and any rule adopted by the department to incorporate or implement a federal statute or federal regulation may not be construed in a manner that is inconsistent with Chapter 38, Subchapter VII, or any other applicable federal law or rule.
(2) Under SECTION 7, Sec. 122.151(g) on page 4, line 10, between "other" and "cannabinoid", strike "federally regulated"; and
(3) Under SECTION 7, Sec. 122.151(g) on page 4, on line 10, between "cannabinoid" and "of", insert "federally regulated under 7 U.S.C. Chapter 38, Subchapter VII,".
Amendment No. 2 was adopted.
CSHB 2818, as amended, was passed to engrossment.
CSHB 2851 ON SECOND READING
(by Burns, et al.)
CSHB 2851, A bill to be entitled An Act relating to the composition of the board of directors of the Texas Agricultural Finance Authority and grant amounts under the young farmer grant program administered by the authority.
CSHB 2851 was passed to engrossment.
CSHB 2673 ON SECOND READING
(by Hull, Capriglione, Slawson, Lozano, and A. Johnson)
CSHB 2673, A bill to be entitled An Act relating to requirements for the use and transfer of electronic devices to students by a public school.
Amendment No. 1
Representative Hull offered the following amendment to CSHB 2673:
Amend CSHB 2673 (house committee report) on page 2, line 7, by striking "a students' use of software applications;" and substituting the following:
a student's use of a software application, other than a software application necessary for the administration of:
(A) an assessment instrument under Subchapter B, Chapter 39; or
(B) an assessment relating to college, career, or military readiness for which student performance is considered in evaluating a school district's performance under Section 39.054;
Amendment No. 1 was adopted.
Amendment No. 2
Representative Schaefer offered the following amendment to CSHB 2673:
Amend CSHB 2673 (house committee report) as follows:
(1) On page 2, line 14, between "devices" and the underlined semicolon, insert "in advance of the child's use of those devices at the child's school".
(2) On page 3, line 9, strike "or".
(3) On page 3, line 10, immediately following the underlined semicolon, insert the following:
or
(D) illicit drugs;
Amendment No. 2 was adopted.
CSHB 2673, as amended, was passed to engrossment.
CSHB 3317 ON SECOND READING
(by Frank, Rose, Price, Shaheen, Garcia, et al.)
CSHB 3317, A bill to be entitled An Act relating to programs established and operated by federally qualified health centers to provide primary care access to certain employees.
Representative Frank moved to postpone consideration of CSHB 3317 until 9 a.m. Thursday, May 4.
The motion prevailed.
HB 3361 ON SECOND READING
(by Cain)
HB 3361, A bill to be entitled An Act relating to the slaughtering of livestock.
A record vote was requested.
HB 3361 was passed to engrossment by (Record 770): 100 Yeas, 43 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Holland; Hull; Hunter; Isaac; Jetton; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Metcalf; Meyer; Morrison; Muñoz; Murr; Noble; Oliverson; Patterson; Paul; Plesa; Price; Raney; Raymond; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bowers; Bryant; Bucy; Cole; Collier; Cunningham; Davis; Dutton; Flores; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, V.; Lopez, R.; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ortega; Perez; Ramos; Reynolds; Rose; Sherman; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Orr.
STATEMENT OF VOTE
When Record No. 770 was taken, I was shown voting yes. I intended to vote no.
Bernal
CSHB 3165 ON SECOND READING
(by Holland, Rose, M. González, C. Bell, Zwiener, et al.)
CSHB 3165, A bill to be entitled An Act relating to the establishment, administration, and use of the Texas land and water conservation fund.
CSHB 3165 was passed to engrossment.
CSHB 3315 ON SECOND READING
(by K. Bell, Buckley, C.J. Harris, Hefner, Dutton, et al.)
CSHB 3315, A bill to be entitled An Act relating to a school district's grievance procedure regarding complaints concerning violation of parental rights.
Amendment No. 1
Representative Patterson offered the following amendment to CSHB 3315:
Amend CSHB 3315 (house committee report) as follows:
(1) On page 1, line 6, strike "(c) and (d)" and substitute "(c), (d), and (e)".
(2) On page 3, between lines 3 and 4, insert the following:
(e) If, during the investigation of a grievance, the board of trustees of a school district discovers an unreported violation of a right guaranteed by this chapter or board policy concerning those rights, the board of trustees shall open a new investigation into the unreported violation.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Canales offered the following amendment to CSHB 3315:
Amend CSHB 3315 (house committee report) on page 2, line 20, between "provided" and "to", by inserting "in English and Spanish".
Amendment No. 2 was adopted.
CSHB 3315, as amended, was passed to engrossment.
HB 2959 ON SECOND READING
(by Cain, Neave Criado, Gates, Plesa, Collier, et al.)
HB 2959, A bill to be entitled An Act relating to providing children committed to the Texas Juvenile Justice Department and prisoners serving a sentence in a county jail with certain documents on discharge or release; authorizing a fee.
Amendment No. 1
Representatives Schaefer and Cain offered the following amendment to HB 2959:
Amend HB 2959 (house committee report) by striking page 1, line 23, through page 4, line 16, and renumbering the SECTIONS of the bill appropriately.
Amendment No. 1 was adopted.
HB 2959, as amended, was passed to engrossment.
HB 2897 ON SECOND READING
(by Walle)
HB 2897, A bill to be entitled An Act relating to the prosecution of the offense of theft of service.
HB 2897 was passed to engrossment.
CSHB 4070 ON SECOND READING
(by Schaefer)
CSHB 4070, A bill to be entitled An Act relating to eliminating the requirement that private primary and secondary schools post certain signs regarding human trafficking.
Representative Schaefer moved to postpone consideration of CSHB 4070 until 10 a.m. Thursday, May 4.
The motion prevailed.
CSHB 3456 ON SECOND READING
(by Ashby)
CSHB 3456, A bill to be entitled An Act relating to the continuation and operation of certain health care provider participation programs in this state.
CSHB 3456 was passed to engrossment.
HB 264 ON SECOND READING
(by Toth, Cortez, Wilson, Schaefer, et al.)
HB 264, A bill to be entitled An Act relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
A record vote was requested.
HB 264 was passed to engrossment by (Record 771): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Geren.
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bucy.
HB 148 ON SECOND READING
(by J.E. Johnson, Leach, et al.)
HB 148, A bill to be entitled An Act relating to the Texas Medical Disclosure Panel.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to HB 148:
Amend HB 148 (house committee printing) by inserting the following appropriately numbered SECTIONS and renumbering SECTIONS of the bill appropriately:
SECTION ____. The heading to Section 74.103, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON AUTHORITY.
SECTION ____. Section 74.103, Civil Practice and Remedies Code, is amended by adding Subsection (e) to read as follows:
(e) The panel is not authorized to take any action that may be interpreted as changing the scope of practice authority of any physician or health care provider.
Amendment No. 1 was adopted.
HB 148, as amended, was passed to engrossment.
HB 469 ON SECOND READING
(by Smith)
HB 469, A bill to be entitled An Act relating to the sequestration of a jury in a criminal case.
HB 469 was passed to engrossment.
HB 3419 ON SECOND READING
(by Cain, Toth, Hefner, Manuel, Schaefer, et al.)
HB 3419, A bill to be entitled An Act relating to the transportation of horse meat.
HB 3419 was passed to engrossment.
CSHB 476 ON SECOND READING
(by J. Jones, S. Thompson, Martinez Fischer, Allen, et al.)
CSHB 476, A bill to be entitled An Act relating to the release of certain defendants detained in jail pending trial.
Representative J. Jones moved to postpone consideration of CSHB 476 until the end of today's calendar.
The motion prevailed.
CSHB 1883 ON SECOND READING
(by Bhojani, Cunningham, Allen, Hinojosa, Jetton, et al.)
CSHB 1883, A bill to be entitled An Act relating to the administration of assessment instruments to public school students on religious holy days.
Amendment No. 1
Representative Slaton offered the following amendment to CSHB 1883:
Amend CSHB 1883 (house committee report) on page 1, between lines 22 and 23, by inserting the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:
(____) Holy Thursday;
Amendment No. 1 was adopted.
Amendment No. 2
Representative Slaton offered the following amendment to CSHB 1883:
Amend CSHB 1883 (house committee report) on page 1, between lines 22 and 23, by inserting the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:
(____) Reformation Day;
A record vote was requested.
Amendment No. 2 was adopted by (Record 772): 135 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Shaheen; Sherman; Shine; Slaton; Slawson; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Dorazio; Goldman; González, M.; Johnson, J.D.; Jones, V.; Plesa; Schofield; Smith; Thompson, S.
STATEMENTS OF VOTE
When Record No. 772 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 772 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
When Record No. 772 was taken, I was in the house but away from my desk. I would have voted yes.
Plesa
CSHB 1883 - POINT OF ORDER
Representative Slaton raised a point of order against further consideration of CSHB 1883 under Rule 4, Section 32(c)(1), and Rule 11, Section 2, of the House Rules on the grounds that the background and purpose statement in the bill analysis is substantially or materially misleading and the committee substitute is not germane.
(C.J. Harris in the chair)
The point of order was withdrawn.
CSHB 1883, as amended, was passed to engrossment.
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. 2).
CSHB 2568 ON SECOND READING
(by Hayes, E. Morales, Cain, Rogers, et al.)
CSHB 2568, A bill to be entitled An Act relating to a study of carrizo cane on the international border of this state.
Representative Hayes moved to postpone consideration of CSHB 2568 until the end of today's calendar.
The motion prevailed.
HB 2672 ON SECOND READING
(by Frazier, Leo-Wilson, Swanson, Lalani, et al.)
HB 2672, A bill to be entitled An Act relating to the eligibility for student loan repayment assistance under the math and science scholars loan repayment program.
HB 2672 was passed to engrossment.
HB 2933 ON SECOND READING
(by Dorazio, Gates, Shaheen, Plesa, et al.)
HB 2933, A bill to be entitled An Act relating to ensuring certain adoptive parents may consent to medical care and access information regarding their child who is eligible for benefits under Medicaid.
Representative Dorazio moved to postpone consideration of HB 2933 until the end of today's calendar.
The motion prevailed.
HB 1392 ON SECOND READING
(by Craddick, Guillen, Hunter, Raymond, Darby, et al.)
HB 1392, A bill to be entitled An Act relating to the allocation of certain constitutional transfers of money to the economic stabilization fund, the state highway fund, and the Grow Texas fund and to the permissible uses of money deposited to the Grow Texas fund.
HB 1392 was passed to engrossment.
HB 2207 ON SECOND READING
(by Landgraf, Guillen, Dean, Murr, Hunter, et al.)
HB 2207, A bill to be entitled An Act relating to the allocation of certain constitutional transfers of money to the economic stabilization fund, the state highway fund, the oil and gas regulation and cleanup account, the Texas emissions reduction plan fund, the property tax relief fund, and the Texas severance tax revenue and oil and natural gas (Texas STRONG) defense fund and to the permissible uses of money deposited to the Texas severance tax revenue and oil and natural gas (Texas STRONG) defense fund.
A record vote was requested.
HB 2207 was passed to engrossment by (Record 773): 140 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Troxclair; Turner; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Tinderholt.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; VanDeaver.
CSHB 718 ON SECOND READING
(by Goldman, Turner, Sherman, Leach, and J. González)
CSHB 718, A bill to be entitled An Act relating to the issuance of certain tags, permits, and license plates authorizing the movement of vehicles.
CSHB 718 was passed to engrossment.
CSHB 1747 ON SECOND READING
(by Leach and V. Jones)
CSHB 1747, A bill to be entitled An Act relating to the consequences of a criminal conviction on a person's eligibility for an occupational license.
CSHB 1747 was passed to engrossment.
HB 1634 ON SECOND READING
(by Walle, Garcia, and Gates)
HB 1634, A bill to be entitled An Act relating to requirements for beneficial tax treatment related to a leasehold or other possessory interest in a public facility used to provide multifamily housing.
HB 1634 was passed to engrossment.
HB 2700 ON SECOND READING
(by Guillen)
HB 2700, A bill to be entitled An Act relating to prosecution of certain criminal offenses prohibiting sexually explicit visual material involving children.
HB 2700 was passed to engrossment.
CSHB 1939 ON SECOND READING
(by Raymond)
CSHB 1939, A bill to be entitled An Act relating to the route designation for the issuance of a permit for the movement of oversize and overweight vehicles in Webb County.
Representative Raymond moved to postpone consideration of CSHB 1939 until 9 a.m. Wednesday, May 3.
The motion prevailed.
CSHB 2026 ON SECOND READING
(by Darby, Raney, M. González, Stucky, Rogers, et al.)
CSHB 2026, A bill to be entitled An Act relating to the Rural Veterinarian Incentive Program.
A record vote was requested.
CSHB 2026 was passed to engrossment by (Record 774): 115 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Burns; Button; Campos; Canales; Capriglione; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frank; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Sherman; Shine; Smith; Smithee; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Clardy; DeAyala; Dorazio; Harrison; Hayes; Hefner; Isaac; Kuempel; Leo-Wilson; Noble; Patterson; Shaheen; Slaton; Slawson; Spiller; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bell, K.; Bonnen; Burrows; Cain; Collier; Frazier; Schatzline; Swanson.
STATEMENTS OF VOTE
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted no.
K. Bell
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted no.
Cain
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted yes.
Collier
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 774 was taken, I was shown voting no. I intended to vote yes.
Kuempel
When Record No. 774 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 774 was taken, I was shown voting yes. I intended to vote no.
Schaefer
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 774 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
CSHB 3497 ON SECOND READING
(by Morrison, Hunter, J. Lopez, Guillen, and Martinez)
CSHB 3497, A bill to be entitled An Act relating to the requirement that certain persons taking oysters on a licensed commercial oyster boat obtain a commercial fisherman's license.
A record vote was requested.
CSHB 3497 was passed to engrossment by (Record 775): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; Jones, V.; Lopez, R.
STATEMENT OF VOTE
When Record No. 775 was taken, I was in the house but away from my desk. I would have voted yes.
V. Jones
CSHB 4051 ON SECOND READING
(by Goldman, Ashby, Hunter, Morrison, Collier, et al.)
CSHB 4051, A bill to be entitled An Act relating to the criteria for media production development zone recognition.
CSHB 4051 was passed to engrossment.
HB 247 ON SECOND READING
(by S. Thompson)
HB 247, A bill to be entitled An Act relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
HB 247 was passed to engrossment.
CSHB 1552 ON SECOND READING
(by Guillen and J. Lopez)
CSHB 1552, A bill to be entitled An Act relating to the limitation of liability of a financial institution acquiring a trustee financial institution.
CSHB 1552 was passed to engrossment.
CSHB 1832 ON SECOND READING
(by Kacal and Herrero)
CSHB 1832, A bill to be entitled An Act relating to authorizing the payment to employees of the Texas Department of Criminal Justice for vacation leave.
CSHB 1832 was passed to engrossment.
CSHB 1745 ON SECOND READING
(by Leach)
CSHB 1745, A bill to be entitled An Act relating to vicarious liability of a transportation network company for acts of a driver using the company's digital network.
Amendment No. 1
Representative Leach offered the following amendment to CSHB 1745:
Amend CSHB 1745 (house committee report) on page 2, line 24, by striking "or" and substituting "and".
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 1745, as amended, was passed to engrossment by (Record 776): 111 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hefner; Hernandez; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, J.D.; Johnson, J.E.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, S.; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bowers; Collier; Gámez; González, J.; González, M.; Goodwin; Hinojosa; Johnson, A.; Jones, J.; Meza; Moody; Morales, C.; Plesa; Ramos; Rose; Tinderholt; Toth; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; Flores; Goldman; Harrison; Lopez, R.; Manuel; Talarico.
STATEMENTS OF VOTE
When Record No. 776 was taken, I was shown voting yes. I intended to vote no.
Bryant
When Record No. 776 was taken, I was in the house but away from my desk. I would have voted no.
Flores
When Record No. 776 was taken, my vote failed to register. I would have voted no.
Manuel
When Record No. 776 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
When Record No. 776 was taken, I was shown voting yes. I intended to vote no.
Morales Shaw
When Record No. 776 was taken, I was shown voting no. I intended to vote yes.
Plesa
When Record No. 776 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
When Record No. 776 was taken, I was shown voting no. I intended to vote yes.
Toth
HB 1163 ON SECOND READING
(by Smith, Metcalf, and Cook)
HB 1163, A bill to be entitled An Act relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
HB 1163 was passed to engrossment.
HB 3158 ON SECOND READING
(by Leach)
HB 3158, A bill to be entitled An Act relating to occupational licensing of inmates in the Texas Department of Criminal Justice.
HB 3158 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 19 ON SECOND READING
(by Murr, Leach, Landgraf, Meyer, et al.)
CSHB 19, A bill to be entitled An Act relating to the creation of a specialty trial court to hear certain cases; authorizing fees.
CSHB 19 was read second time earlier today and was postponed until this time.
Representative Murr moved to postpone consideration of CSHB 19 until 5 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
HB 376 ON SECOND READING
(by Rogers, K. Bell, Bailes, and C. Bell)
HB 376, A bill to be entitled An Act relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.
Amendment No. 1
Representative Rogers offered the following amendment to HB 376:
Amend HB 376 (house committee report) on page 2, between lines 1 and 2, by inserting, ", if any,".
Amendment No. 1 was adopted.
HB 376, as amended, was passed to engrossment.
HB 2230 ON SECOND READING
(by Canales)
HB 2230, A bill to be entitled An Act relating to the determination of the sufficient balance of the economic stabilization fund for the purpose of allocating certain constitutional transfers of money to that fund and the state highway fund.
Representative Canales moved to postpone consideration of HB 2230 until 10 a.m. Thursday, May 4.
The motion prevailed. (The vote was reconsidered on May 2 and HB 2230 was passed to engrossment.)
CSHB 2414 ON SECOND READING
(by Frank)
CSHB 2414, A bill to be entitled An Act relating to certain practices of a health maintenance organization or insurer to encourage the use of certain physicians and health care providers.
Amendment No. 1
Representative Tinderholt offered the following amendment to CSHB 2414:
Amend CSHB 2414 (house committee report) as follows:
(1) On page 1, line 9, strike "may" and substitute "shall".
(2) On page 2, line 8, strike "may" and substitute "shall".
A record vote was requested.
Amendment No. 1 failed of adoption by (Record 777): 9 Yeas, 122 Nays, 2 Present, not voting.
Yeas — Bhojani; Cain; Canales; Clardy; Dorazio; Morales Shaw; Slaton; Tinderholt; Vasut.
Nays — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Capriglione; Cole; Collier; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Harless; Harris, C.E.; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; Bowers; Cortez; Goldman; Guillen; Harrison; Hayes; Johnson, J.D.; Meza; Schatzline; Swanson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 777 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 777 was taken, I was in the house but away from my desk. I would have voted no.
Bowers
When Record No. 777 was taken, I was in the house but away from my desk. I would have voted no.
Cortez
When Record No. 777 was taken, I was in the house but away from my desk. I would have voted yes.
Harrison
When Record No. 777 was taken, I was in the house but away from my desk. I would have voted yes.
Schatzline
When Record No. 777 was taken, I was in the house but away from my desk. I would have voted no.
Swanson
When Record No. 777 was taken, I was shown voting no. I intended to vote yes.
Toth
A record vote was requested.
CSHB 2414 was passed to engrossment by (Record 778): 109 Yeas, 21 Nays, 2 Present, not voting.
Yeas — Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Holland; Howard; Hull; Hunter; Isaac; Johnson, J.E.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Morales, C.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rosenthal; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson.
Nays — Allen; Bucy; Collier; Cortez; Gámez; González, J.; González, M.; Goodwin; Hinojosa; Johnson, A.; Meza; Moody; Morales, E.; Morales Shaw; Neave Criado; Plesa; Sherman; Talarico; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Herrero; Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; Bowers; Cole; Hernandez; Jetton; Johnson, J.D.; Jones, J.; King, T.; Lopez, R.; Martinez Fischer; Ortega; Rose; Thompson, S.
STATEMENTS OF VOTE
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted no.
Cole
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Flores
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted no.
J. Jones
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Longoria
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Manuel
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted no.
Martinez Fischer
When Record No. 778 was taken, I was in the house but away from my desk. I would have voted no.
Rose
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
When Record No. 778 was taken, I was shown voting yes. I intended to vote no.
Turner
FIVE-DAY POSTING RULE SUSPENDED
Representative Moody moved to suspend the five-day posting rule to allow the Committee on Criminal Jurisprudence to consider HJR 99, SB 1518, and HB 3197 at 10:30 a.m or upon final adjournment or recess or during bill referral, if permission is granted, tomorrow in E2.016.
The motion prevailed.
(Herrero now present)
HB 2073 ON SECOND READING
(by Price, Metcalf, Hefner, and Dean)
HB 2073, A bill to be entitled An Act relating to the recovery of fuel and purchased power costs by electric utilities.
Amendment No. 1
Representative Price offered the following amendment to HB 2073:
Amend HB 2073 (house committee printing) as follows:
(1) On page 1, line 13, between the period and "The rules must ensure", insert the following:
The rules [procedures] must require that[:
[(1)] the findings required by Section 36.058 regarding fuel transactions with affiliated interests be [are] made in a fuel reconciliation proceeding or in a rate case filed under Subchapter C or D.
(2) On page 1, line 16, strike "; and" and substitute "and that the commission determines are eligible;".
(3) On page 1, strike lines 17 through 21 and substitute the following:
(2) the total of the utility's eligible electric fuel and purchased power costs, including any under-collected or over-collected amounts to be recovered through an interim fuel adjustment, is allocated among customer classes based on actual historical calendar month usage;
(3) any material balance of amounts under-collected or over-collected for eligible electric fuel and purchased power costs is collected from or refunded to customers through an interim fuel adjustment:
(A) not later than the 90th day after the date the balance is accrued; or
(B) if the adjustment would result in a total bill increase of 10 percent or more compared to the total bill in the month before implementation, not later than a date ordered by the commission which must be after the 90th day after the date the balance is accrued; and
(4)[; and
[(2)] an affected party will receive notice and have the opportunity to request a hearing before the commission.
(4) On page 1, line 22, strike "(c) Notwithstanding Subsection (b)" and substitute "(c) Notwithstanding Subsection (b)(3)".
(5) On page 2, lines 1 through 6, strike "the commission by order may direct the utility to adjust the utility's fuel factor to defer recovery to take place over a period not to exceed two years, with the utility receiving on the balance during the recovery period a return set at the utility's most recently established weighted average cost of capital set in a base rate case." and substitute the following:
the commission may approve an interim fuel adjustment that would defer recovery to take place over a period longer than 90 days [The commission may adjust a utility's fuel factor without a hearing if the commission determines that a hearing is not necessary. If the commission holds a hearing, the commission may consider at the hearing any evidence that is appropriate and in the public interest].
(6) On page 2, line 7, strike "(d)" and substitute "(d)".
(7) On page 2, line 11, strike the underlined period and substitute the following:
[The commission shall render a timely decision approving, disapproving, or modifying the adjustment to the utility's fuel factor].
(8) Strike page 2, line 12, through page 3, line 2, and substitute the following:
(e) A customer of the electric utility, a municipality with original jurisdiction over the utility, or the office may protest a fuel factor or interim fuel adjustment proposed under this section. The prudence of costs may not be considered in a fuel factor or interim fuel adjustment proceeding and may only be considered in a fuel reconciliation proceeding under Subsection (h) or another appropriate proceeding [The commission by rule shall provide for the reconciliation of a utility's fuel costs on a timely basis].
(f) The sole issue that may be considered on a protest of a fuel factor under Subsection (e) is whether the factor reasonably reflects costs the electric utility will incur so that the utility will not substantially under-collect or over-collect the utility's reasonably stated fuel and purchased power costs on an ongoing basis. The commission may adjust the utility's fuel factor based on its determination on that issue.
(g) The commission shall hold a hearing on a protest of an interim fuel adjustment under Subsection (e) if the adjustment would result in a total bill increase of 10 percent or more as described by Subsection (b)(3) or if the adjustment results from extraordinary electric fuel and purchased power costs as described by Subsection (c). In response to a protest of an interim fuel adjustment, if the commission finds that the electric utility is in a state of material under-collection or over-collection of the utility's reasonably stated eligible fuel and purchased power costs and is projected to remain in that state on an ongoing basis, the commission shall order the utility to establish or modify an interim fuel adjustment to address the under-collection or over-collection in a manner consistent with this section.
(9) On page 3, line 3, strike "(f)" and substitute "(h)".
(10) On page 3, strike lines 12 through 17 and substitute "change may be incorporated into an interim fuel adjustment as directed by the commission."
(11) Strike page 3, line 18, through page 4, line 8.
(12) On page 4, strike "[(f)]" and substitute "(i)".
(13) On page 4, strike lines 11 through 17 and substitute the following appropriately numbered SECTION:
SECTION ____. The first time an electric utility applies to reconcile the utility's fuel costs and purchased power costs under Section 36.203(h), Utilities Code, as added by this Act, after the Public Utility Commission of Texas adopts the rules required to implement that subsection, the electric utility shall include in the application any period that has not been addressed in a previous reconciliation proceeding.
Amendment No. 1 was adopted.
HB 2073, as amended, was passed to engrossment.
CSHB 1876 ON SECOND READING
(by Guillen)
CSHB 1876, A bill to be entitled An Act relating to the Rita Littlefield Chronic Kidney Disease Centralized Resource Center established within the Health and Human Services Commission.
CSHB 1876 was passed to engrossment.
HB 2170 ON SECOND READING
(by Guerra)
HB 2170, A bill to be entitled An Act relating to toll collections by a toll project entity.
HB 2170 was passed to engrossment.
HB 1914 ON SECOND READING
(by Kacal)
HB 1914, A bill to be entitled An Act relating to compensatory time accrued by an employee of the Texas Department of Criminal Justice.
(Goldman in the chair)
HB 1914 was passed to engrossment.
CSHB 2729 ON SECOND READING
(by C.J. Harris)
CSHB 2729, A bill to be entitled An Act relating to teacher requirements for high quality prekindergarten programs.
Amendment No. 1
Representative Hefner offered the following amendment to CSHB 2729:
Amend CSHB 2729 (house committee report) as follows:
(1) On page 1, line 13, between "(A)" and "a Child", insert the following:
an associate or baccalaureate degree in early childhood education or a related field;
(B)
(2) On page 1, line 16, strike "(B)" and substitute "(C) [(B)]".
(3) On page 1, line 20, strike "(C)" and substitute "(D) [(C)]".
(4) On page 1, line 23, strike "(D)" and substitute "(E) [(D)]".
(5) On page 2, line 4, strike "(E)" and substitute "(F) [(E)]".
(6) On page 2, strike lines 10 and 11 and substitute the following appropriately numbered subdivision:
(____) have one of the following qualifications:
(A) at least two years' experience of teaching in a nationally accredited child care program or a Texas Rising Star Program and:
(i) a Child Development Associate (CDA) credential or another early childhood education credential approved by the agency; or
(ii) certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education; or
(B) a qualification described by Subsection (b)(2)(A), (D), (E), or (F).
(7) On page 2, strike lines 12 through 14 and substitute the following:
(b-2) A person who supervises a prekindergarten program provided by an entity with which a school district contracts for that purpose may supervise multiple prekindergarten classrooms to:
(1) ensure programmatic compliance; and
(2) support:
(A) classroom instruction;
(B) the developmental needs of students; and
(C) continuous quality improvement, including professional development.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Bernal offered the following amendment to CSHB 2729:
Amend CSHB 2729 (house committee report) as follows:
(1) On page 1, lines 6 and 7, strike "Subsections (b-1) and (b-2)" and substitute "Subsections (b-1), (b-2), and (b-3)".
(2) On page 1, line 8, strike "Except as provided by Subsection (b-1), each [Each]" and substitute "Each".
(3) On page 2, between lines 14 and 15, insert the following:
(b-3) Subsections (b-1) and (b-2) and this subsection expire September 1, 2027.
Amendment No. 2 was adopted.
A record vote was requested.
CSHB 2729, as amended, was passed to engrossment by (Record 779): 104 Yeas, 38 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Buckley; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Garcia; Gates; Gerdes; Geren; Gervin-Hawkins; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Herrero; Holland; Howard; Hull; Hunter; Isaac; Jetton; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lujan; Martinez; Martinez Fischer; Metcalf; Meyer; Morales, E.; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Walle; Wilson.
Nays — Allen; Anchía; Bhojani; Bowers; Bryant; Bucy; Bumgarner; Collier; Davis; Dutton; Flores; Gámez; González, J.; González, M.; Goodwin; Hinojosa; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, V.; Manuel; Meza; Moody; Morales, C.; Morales Shaw; Neave Criado; Ortega; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bonnen; Lozano.
STATEMENTS OF VOTE
When Record No. 779 was taken, I was shown voting yes. I intended to vote no.
Cole
When Record No. 779 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 779 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
HB 3492 ON SECOND READING
(by Stucky)
HB 3492, A bill to be entitled An Act relating to county and municipal authority to impose certain value-based fees and require disclosure of certain information related to subdivision construction.
(C.J. Harris in the chair)
Amendment No. 1
Representative Stucky offered the following amendment to HB 3492:
Amend HB 3492 (house committee printing) as follows:
(1) On page 1, line 23, strike "A" and substitute "In determining the".
(2) On page 2, lines 1 and 2, strike "is calculated as the lowest amount of" and substitute ", a municipality may consider".
(3) On page 3, line 19, strike "A" and substitute "In determining the".
(4) On page 3, lines 21 and 22, strike "is calculated as the lowest amount of" and substitute ", a county may consider".
Amendment No. 1 was adopted.
HB 3492, as amended, was passed to engrossment.
HB 3600 ON SECOND READING
(by Price, Shine, Gervin-Hawkins, Moody, Clardy, et al.)
HB 3600, A bill to be entitled An Act relating to the establishment of the Texas Multimedia Production Program; providing tax credits; authorizing fees.
Representative Price moved to postpone consideration of HB 3600 until 10 a.m. Monday, May 8.
The motion prevailed.
CSHB 4318 ON SECOND READING
(by Walle)
CSHB 4318, A bill to be entitled An Act relating to a grant program for crime victim notification systems.
Representative Walle moved to postpone consideration of CSHB 4318 until 9 a.m. tomorrow.
The motion prevailed.
CSHB 2162 - NOTICE GIVEN
Pursuant to the provisions of Rule 7, Section 43, of the House Rules, Representative S. Thompson gave notice that she would, on the next legislative day, call from the journal the motion to reconsider the vote by which CSHB 2162, as amended, failed to pass to engrossment by Record No. 743.
HB 4375 ON SECOND READING
(by VanDeaver and Kuempel)
HB 4375, A bill to be entitled An Act relating to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator in public schools.
Amendment No. 1
Representative VanDeaver offered the following amendment to HB 4375:
Amend HB 4375 (house committee report) as follows:
(1) On page 1, strike lines 21 through 23 and substitute the following:
SECTION 3. Sections 28.0023(b), (c), (e), and (g), Education Code, are amended to read as follows:
(2) On page 3, strike lines 7 through 11.
Amendment No. 1 was adopted.
HB 4375, as amended, was passed to engrossment.
HB 4053 ON SECOND READING
(by J.E. Johnson)
HB 4053, A bill to be entitled An Act relating to the contents of the personal financial statement filed by public officers and candidates.
Amendment No. 1
Representative J.E. Johnson offered the following amendment to HB 4053:
Amend HB 4053 (house committee report) as follows:
(1) On page 1, line 20, between "Subsections" and "(h)", insert "(b-1),".
(2) Strike page 2, lines 9 through 11, and substitute the following:
retainer, and the category of the amount of the fee;
(2) identification by name and the category of the value [number] of shares of stock of any business entity held or acquired,
(3) Strike page 2, lines 18 and 19, and substitute the following:
(4) identification of each source and the category of the amount of income in excess of $500 derived from each source
(4) Strike page 2, line 25, and substitute "and the category of the amount of the liability;".
(5) Strike page 3, lines 15 and 16, and substitute the following:
(8) identification of the source and the category of the amount of all income received as beneficiary of a trust, other
(6) Strike page 3, lines 26 and 27, and substitute the following:
[(B)] by description and the category of the amount of all assets and liability of a corporation, firm,
(7) Strike page 5, lines 1 and 2, and substitute the following:
(13) identification by name and the category of the value [number] of shares of any mutual fund held or acquired, except as
(8) On page 7, between lines 7 and 8, insert the following:
(b-1) Notwithstanding Section 572.022 and for the purpose of reporting an amount in a financial statement by category under Subsection (b), an individual required to file the statement shall report whether the amount is:
(1) less than $25,000; or
(2) $25,000 or more.
(9) Strike page 8, lines 10 through 12, and substitute the following:
shall report on the financial statement:
(1) the name of each person or entity for which the services were rendered; and
(2) whether the [category of the] amount of each fee is:
(A) less than $25,000; or
(B) $25,000 or more.
(10) Strike page 8, lines 19 through 22, and substitute the following:
(1) the name of the agency;
(2) the person represented by the member; and
(3) whether the [category of the] amount of compensation received by the member for that representation is:
(A) less than $25,000; or
(B) $25,000 or more.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Slawson offered the following amendment to HB 4053:
Amend HB 4053 (house committee report) by striking page 6, line 16, through page 7, line 7, and substituting the following:
(A) the amount of the issuance;
(B) the name of the issuer;
(C) the date of the issuance;
(D) the amount of fees paid to the individual, and whether the amount is:
(i) less than $5,000;
(ii) at least $5,000 but less than $10,000;
(iii) at least $10,000 but less than $25,000; or
(iv) $25,000 or more; and
(E) the amount of fees paid to the individual's firm, if applicable, and whether the amount is:
(i) less than $5,000;
(ii) at least $5,000 but less than $10,000;
(iii) at least $10,000 but less than $25,000; or
(iv) $25,000 or more.
Amendment No. 2 was adopted.
HB 4053, as amended, was passed to engrossment.
HB 3196 ON SECOND READING
(by A. Johnson)
HB 3196, A bill to be entitled An Act relating to prompt payment deadlines for health benefit plan claims affected by a catastrophic event.
Representative A. Johnson moved to postpone consideration of HB 3196 until 9 a.m. Thursday, May 4.
The motion prevailed.
CSHB 3131 ON SECOND READING
(by Guerra, Anchía, Darby, and E. Morales)
CSHB 3131, A bill to be entitled An Act relating to the authority of the Railroad Commission of Texas to designate certain persons as the operator of an orphaned oil or gas well.
Representative Guerra moved to postpone consideration of CSHB 3131 until 3 p.m. Thursday, May 4.
The motion prevailed.
SB 729 ON SECOND READING
(Bonnen - House Sponsor)
SB 729, A bill to be entitled An Act relating to the cash balance benefit under the Employees Retirement System of Texas.
SB 729 was considered in lieu of HB 3056.
Amendment No. 1
Representative Bonnen offered the following amendment to SB 729:
Amend SB 729 (house committee printing) as follows:
(1) On page 5, line 12, strike "person to receive" and substitute "beneficiary to receive".
(2) On page 5, line 15, strike "persons" and substitute "beneficiaries".
(3) On page 5, line 18, strike "which" and substitute "that".
(4) On page 5, line 21, strike "person" and substitute "beneficiary".
(5) On page 5, line 24, strike "person" and substitute "beneficiary".
(6) On page 6, line 8, strike "person" and substitute "beneficiary".
(7) On page 6, line 27, strike "Subsections" and substitute "Subsection".
(8) On page 7, line 18, between "annuity" and "if", insert "only".
(9) Strike page 7, line 21 through page 8, line 3, and substitute the following:
(2) the retiree files with the retirement system a request to change the annuity and, in connection with a divorce between the retiree and the beneficiary designated by the retiree under Section 820.0535(b), the beneficiary has executed a written, notarized instrument that:
(A) releases the system from any claim to the annuity by the beneficiary; and
(B) transfers all of the beneficiary's interest in the annuity to the retiree.
(10) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Chapter 820, Government Code, is amended by adding Subchapter A-2 to read as follows:
SUBCHAPTER A-2. REESTABLISHING PREVIOUSLY CANCELED SERVICE CREDIT
Sec. 820.031. REESTABLISHING PREVIOUSLY CANCELED SERVICE CREDIT WITHOUT PURCHASE. (a) A cash balance group member who has withdrawn contributions and canceled service credit in a class of membership may reestablish the canceled service credit in the retirement system for the purposes described by Subsection (c) by submitting a request to the system in a form and manner prescribed by the system.
(b) The retirement system shall grant the canceled service credit of a member who submits a request as provided by Subsection (a) after the system verifies that the member is a cash balance group member.
(c) Service credit established under this section may be used only to determine whether the cash balance group member is eligible to retire and receive a cash balance annuity under this chapter. The service credit does not affect eligibility for any other purpose, including for purposes of determining eligibility to participate in the group benefits program established under Chapter 1551, Insurance Code.
Sec. 820.032. PURCHASE OF PREVIOUSLY CANCELED SERVICE CREDIT. (a) A cash balance group member who has withdrawn contributions and canceled service credit in a class of membership may purchase the canceled service credit in the retirement system for the purposes described by Subsection (c) by:
(1) submitting a request to the system in a form and manner prescribed by the system; and
(2) depositing with the retirement system in a lump sum the total amount of money withdrawn from a membership class not later than the first day of the 24th month after the month in which the person is reemployed or again holds office.
(b) On receipt of the cash balance group member's deposit, the retirement system shall credit the member's individual account in the employees saving account with that amount and apply annual and gain sharing interest beginning the first day of the month following the date of the deposit, as provided by Sections 820.102 and 820.103.
(c) Service credit purchased under this section may be used only:
(1) to determine whether the cash balance group member is eligible to retire and receive a cash balance annuity; and
(2) for purposes of determining eligibility to participate in the group benefits program established under Chapter 1551, Insurance Code.
(d) The retirement system may charge a reasonable administrative fee to purchase service credit under this section.
SECTION ____. Notwithstanding Section 820.032, Government Code, as added by this Act, a person who is a cash balance group member on the effective date of this Act may purchase canceled service credit under that section not later than the first day of the 24th month after the month in which this Act takes effect.
Amendment No. 1 was adopted.
SB 729, as amended, was passed to third reading.
HB 3056 - LAID ON THE TABLE SUBJECT TO CALL
Representative Bonnen moved to lay HB 3056 on the table subject to call.
The motion prevailed.
SB 1004 ON SECOND READING
(Herrero, Anchía, and Hefner - House Sponsors)
SB 1004, A bill to be entitled An Act relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.
SB 1004 was considered in lieu of HB 2984.
SB 1004 was passed to third reading.
HB 2984 - LAID ON THE TABLE SUBJECT TO CALL
Representative Herrero moved to lay HB 2984 on the table subject to call.
The motion prevailed.
HB 2839 ON SECOND READING
(by Smithee)
HB 2839, A bill to be entitled An Act relating to a liquidity stress test for certain insurance companies.
HB 2839 was passed to engrossment.
CSHB 2893 ON SECOND READING
(by Clardy)
CSHB 2893, A bill to be entitled An Act relating to the procedures for transferring certain cases and proceedings between courts.
CSHB 2893 was passed to engrossment.
CSHB 2806 ON SECOND READING
(by Canales)
CSHB 2806, A bill to be entitled An Act relating to the relocation, adjustment, and ownership of commercial signs.
CSHB 2806 was passed to engrossment.
HB 3338 ON SECOND READING
(by Cole, J. González, Oliverson, Hernandez, Talarico, et al.)
HB 3338, A bill to be entitled An Act relating to measures to prevent and respond to opioid-related drug overdoses, including policies and training regarding the use of opioid antagonists, at student residences on campuses of public institutions of higher education; providing immunity.
HB 3338 was passed to engrossment.
HB 5010 ON SECOND READING
(by Schofield)
HB 5010, A bill to be entitled An Act relating to the classification of a grievance filed with the State Bar of Texas.
Amendment No. 1
Representative Schofield offered the following amendment to HB 5010:
Amend HB 5010 as follows:
On page 2, line 6, strike "as an inquiry" and insert "[as an inquiry]"
Amendment No. 1 was adopted.
HB 5010 - REMARKS
REPRESENTATIVE FLORES: Representative Schofield, my understanding is that you were trying to create an opportunity for folks who have a cognizable individual interest in, or a connection to, a legal matter before they're allowed to bring a grievance against an attorney. Is that correct?
REPRESENTATIVE SCHOFIELD: That's correct.
FLORES: I had talked to you about perhaps allowing that to be changed to somebody who has personal knowledge of a legal matter, such as a judge or maybe some other attorneys that are peripherally involved, or maybe even the staff at the courts. Would this prevent other folks from being able to bring a grievance against an attorney? Would this mean that other people, who have knowledge of some unethical behavior against an attorney and that are not a part of the actual case or legal matter, would they be prevented from filing a grievance against an attorney?
SCHOFIELD: Yes. The issue is, over the last few years, grievances have become weaponized. Not just here, but across the country. We had, in New York, a group that just kept going out and filing grievances against prosecutors for cases they had nothing to do with because they don't like prosecutors and they don't like criminal law. So the purpose of the bill is to make sure the person filing the grievance actually has an interest in the case. Now, it's not limited to just the client; it could be somebody in close connection to it. And you and I had discussed, as we go forward with the bill, working on something maybe to allow the judge or a lawyer involved in the case to participate. I'd be more than happy to work with you on that as we go forward.
FLORES: Okay, so we can work on something perhaps on the senate version to perhaps broaden this a little bit, but not so much that it would be not acceptable to you. Is that correct?
SCHOFIELD: Yes, ma'am. And I commit to you I'll work with you on that.
REMARKS ORDERED PRINTED
Representative Flores moved to print remarks between Representative Schofield and Representative Flores on HB 5010.
The motion prevailed.
A record vote was requested.
HB 5010, as amended, was passed to engrossment by (Record 780): 90 Yeas, 44 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Ashby; Bailes; Bell, C.; Bell, K.; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harrison; Hayes; Hefner; Herrero; Holland; Hull; Hunter; Isaac; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Martinez Fischer; Metcalf; Meyer; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis; Flores; Gámez; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Manuel; Martinez; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris, C.J.(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Anderson; Bonnen; Dorazio; Garcia; Jetton; Jones, V.; Meza; Smith; Thompson, S.; Walle.
STATEMENTS OF VOTE
When Record No. 780 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 780 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 780 was taken, I was shown voting yes. I intended to vote no.
Campos
When Record No. 780 was taken, I was in the house but away from my desk. I would have voted yes.
Dorazio
When Record No. 780 was taken, I was in the house but away from my desk. I would have voted no.
Garcia
When Record No. 780 was taken, I was shown voting yes. I intended to vote no.
Gervin-Hawkins
When Record No. 780 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 780 was taken, I was in the house but away from my desk. I would have voted no.
V. Jones
When Record No. 780 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
(Speaker in the chair)
CSHB 4990 ON SECOND READING
(by Bonnen, Frank, and Oliverson)
CSHB 4990, A bill to be entitled An Act relating to the Texas Pharmaceutical Initiative; authorizing fees.
Amendment No. 1
Representative Bonnen offered the following amendment to CSHB 4990:
Amend CSHB 4990 (house committee printing) as follows:
(1) On page 2, line 10, after the word "entity" insert the words "or managed care organization as defined by Chapter 533, Government Code"
(2) On page 2, line 11, after the word "entity" insert the words "or managed care organization"
Amendment No. 1 was adopted.
Amendment No. 2
Representative Toth offered the following amendment to CSHB 4990:
Amend CSHB 4990 (house committee report) on page 8, between lines 18 and 19, by inserting the following:
Sec. 2177.014. SUNSET PROVISION. The board and the initiative established under this chapter are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board and the initiative are abolished and this chapter expires September 1, 2035.
Amendment No. 2 was adopted.
A record vote was requested.
CSHB 4990, as amended, was passed to engrossment by (Record 781): 129 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Kuempel; Lambert; Landgraf; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schatzline; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bowers; Gates; Harrison; Hull; Klick; Ramos; Schaefer; Slaton; Swanson; Tinderholt; Vasut.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Cain; Leach; Leo-Wilson; Orr; Wilson.
STATEMENTS OF VOTE
When Record No. 781 was taken, I was temporarily out of the house chamber. I would have voted no.
Cain
When Record No. 781 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 781 was taken, I was in the house but away from my desk. I would have voted no.
Leach
When Record No. 781 was taken, I was shown voting no. I intended to vote yes.
Schaefer
When Record No. 781 was taken, I was shown voting no. I intended to vote yes.
Swanson
When Record No. 781 was taken, I was in the house but away from my desk. I would have voted no.
Wilson
HB 4843 ON SECOND READING
(by Holland)
HB 4843, A bill to be entitled An Act relating to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Representative Holland moved to postpone consideration of HB 4843 until 8 a.m. Thursday, May 4.
The motion prevailed.
CSHB 4906 ON SECOND READING
(by Hefner)
CSHB 4906, A bill to be entitled An Act relating to the installation and use of tracking equipment and access to certain communications by certain peace officers.
CSHB 4906 was passed to engrossment.
CSHB 4692 ON SECOND READING
(by Morrison, Martinez, and Flores)
CSHB 4692, A bill to be entitled An Act relating to the unlawful sale or purchase of shark fins or shark fin products; creating a criminal offense.
Representative Morrison moved to postpone consideration of CSHB 4692 until 9 a.m. Friday, May 5.
The motion prevailed.
CSHB 4696 ON SECOND READING
(by Noble)
CSHB 4696, A bill to be entitled An Act relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.
CSHB 4696 was passed to engrossment.
CSHB 5125 ON SECOND READING
(by Metcalf)
CSHB 5125, A bill to be entitled An Act relating to the organization and operation of the legislative branch of state government.
Amendment No. 1
Representative Metcalf offered the following amendment to CSHB 5125:
Amend CSHB 5125 (house committee report) as follows:
(1) On page 2, line 10, strike "The speaker" and substitute "As administrative head of the house of representatives, the speaker".
(2) On page 2, line 24, between "house" and "for", strike "and" and substitute "or".
Amendment No. 1 was adopted.
CSHB 5125, as amended, was passed to engrossment.
CSHB 2088 ON SECOND READING
(by Bucy, Talarico, and Plesa)
CSHB 2088, A bill to be entitled An Act relating to the regulation of the practice of pharmacy.
CSHB 2088 was passed to engrossment.
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. 3).
CSHB 1890 ON SECOND READING
(by Jetton)
CSHB 1890, A bill to be entitled An Act relating to the operation of a hospital at home program by certain hospitals; authorizing a fee.
CSHB 1890 was passed to engrossment.
CSHB 1632 ON SECOND READING
(by Paul, E. Morales, et al.)
CSHB 1632, A bill to be entitled An Act relating to standardized training for election officers.
CSHB 1632 was passed to engrossment.
HB 1651 ON SECOND READING
(by Cook, Spiller, A. Johnson, and Bhojani)
HB 1651, A bill to be entitled An Act relating to the eligibility for custodial officer service in the Employees Retirement System of Texas of juvenile justice officers employed by the Texas Juvenile Justice Department.
HB 1651 was passed to engrossment.
CSHB 667 ON SECOND READING
(by A. Johnson, Jetton, Plesa, and R. Lopez)
CSHB 667, A bill to be entitled An Act relating to the licensing and regulation of music therapists; requiring an occupational license; authorizing fees.
A record vote was requested.
CSHB 667 was passed to engrossment by (Record 782): 77 Yeas, 65 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Bell, K.; Bernal; Bhojani; Bowers; Bucy; Button; Campos; Cole; Collier; Cortez; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Lambert; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Orr; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Cain; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Gerdes; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Kitzman; Klick; Kuempel; Landgraf; Leach; Leo-Wilson; Metcalf; Morrison; Murr; Noble; Oliverson; Patterson; Paul; Raney; Rogers; Schaefer; Schatzline; Schofield; Shaheen; Slaton; Slawson; Smith; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Bryant; Gates; Geren.
STATEMENTS OF VOTE
When Record No. 782 was taken, I was shown voting no. I intended to vote yes.
Anderson
When Record No. 782 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 782 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 782 was taken, I was in the house but away from my desk. I would have voted no.
Gates
When Record No. 782 was taken, I was shown voting no. I intended to vote yes.
Harless
When Record No. 782 was taken, I was shown voting yes. I intended to vote no.
Hunter
CSHB 621 ON SECOND READING
(by Shaheen)
CSHB 621, A bill to be entitled An Act relating to creating a temporary educator certification for certain military service members.
Amendment No. 1
Representative Hinojosa offered the following amendment to CSHB 621:
Amend CSHB 621 (house committee report) as follows:
(1) On page 1, line 7, between "CERTIFICATION" and "FOR", insert "TO TEACH CAREER AND TECHNOLOGY EDUCATION".
(2) On page 1, line 9, between "certification" and "who", insert "to teach career and technology education".
(3) On page 1, line 15, between "certificate" and "to", insert "to teach career and technology education".
(4) On page 1, line 17, between "certification" and the underlined comma, insert "to teach career and technology education".
(5) On page 2, line 6, strike "five" and substitute "three".
(6) On page 3, line 7, between "certificate" and "under", insert "to teach career and technology education".
(7) On page 3, line 11, strike "educator certificates" and substitute "certificates to teach career and technology education".
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 621, as amended, was passed to engrossment by (Record 783): 109 Yeas, 34 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Garcia; Gates; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Herrero; Holland; Howard; Hull; Hunter; Isaac; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Orr; Patterson; Paul; Perez; Price; Raney; Raymond; Rogers; Romero; Schaefer; Schatzline; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Vo; Wilson; Zwiener.
Nays — Anchía; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Davis; Dutton; Gámez; Gerdes; González, J.; González, M.; Hernandez; Hinojosa; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Meza; Morales, C.; Morales, E.; Morales Shaw; Ortega; Plesa; Ramos; Reynolds; Rose; Rosenthal; Talarico; Turner; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Jetton; Lujan.
STATEMENTS OF VOTE
When Record No. 783 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 783 was taken, I was shown voting no. I intended to vote yes.
Gerdes
When Record No. 783 was taken, I was shown voting no. I intended to vote yes.
J. González
When Record No. 783 was taken, I was shown voting no. I intended to vote yes.
Hinojosa
When Record No. 783 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
HB 78 ON SECOND READING
(by Ortega, Ordaz, M. González, E. Morales, and Moody)
HB 78, A bill to be entitled An Act relating to the authorization by referendum of an optional county fee on vehicle registration in certain counties.
Amendment No. 1
Representative Lujan offered the following amendment to HB 78:
Amend HB 78 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 502.402(b-1), Transportation Code, is amended to read as follows:
(b-1) The commissioners court of a county described by Subsection (a)(1) [(a)] with a population of less than 700,000 or a county described by Subsection (a)(2) or (3) may increase the additional fee to an amount that does not exceed $20 if approved by a majority of the qualified voters of the county voting on the issue at a referendum election, which the commissioners court may order and hold for that purpose.
Amendment No. 1 was adopted.
HB 78, as amended, was passed to engrossment. (Hunter recorded voting no.)
HB 1524 ON SECOND READING
(by Sherman, Oliverson, Herrero, Jetton, Leo-Wilson, et al.)
HB 1524, A bill to be entitled An Act relating to the use of body worn cameras by correctional officers.
HB 1524 was passed to engrossment.
HB 875 ON SECOND READING
(by Harrison)
HB 875, A bill to be entitled An Act relating to a campus of the Texas State Technical College System located in Ellis County.
HB 875 was passed to engrossment.
CSHB 2134 ON SECOND READING
(by Thimesch)
CSHB 2134, A bill to be entitled An Act relating to regulation of massage therapists and massage establishments by political subdivisions.
Amendment No. 1
Representative Thimesch offered the following amendment to CSHB 2134:
Amend CSHB 2134 (house committee printing) as follows:
(1) On page 2, strike lines 14-15 and renumber accordingly
(2) On page 2, line 17, immediately after ownership, insert "hours of operation"
Amendment No. 1 was adopted.
CSHB 2134, as amended, was passed to engrossment.
CSHB 1884 ON SECOND READING
(by Bhojani, Lujan, Moody, Talarico, Leach, et al.)
CSHB 1884, A bill to be entitled An Act relating to persons authorized to conduct a marriage ceremony.
CSHB 1884 was passed to engrossment.
CSHB 4381 ON SECOND READING
(by DeAyala)
CSHB 4381, A bill to be entitled An Act relating to the suspension of a money judgment pending appeal in a civil action.
CSHB 4381 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 476 ON SECOND READING
(by J. Jones, S. Thompson, Martinez Fischer, Allen, et al.)
CSHB 476, A bill to be entitled An Act relating to the release of certain defendants detained in jail pending trial.
CSHB 476 was read second time earlier today and was postponed until this time.
Amendment No. 1
Representative A. Johnson offered the following amendment to CSHB 476:
Amend CSHB 476 (house committee printing) as follows:
(1) On page 1, line 17, strike the underlined colon.
(2) On page 1, line 18, strike "(1)".
(3) On page 1, line 19, strike "; or" and substitute an underlined period.
(4) Strike page 1, line 20 through page 2, line 1.
Amendment No. 1 was adopted.
A record vote was requested.
CSHB 476, as amended, was passed to engrossment by (Record 784): 94 Yeas, 42 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchía; Ashby; Bernal; Bhojani; Bonnen; Bowers; Bryant; Bucy; Bumgarner; Burrows; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Davis; Dean; Dutton; Flores; Frazier; Gámez; Garcia; Gerdes; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harrison; Hayes; Hernandez; Herrero; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Klick; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ortega; Perez; Plesa; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Stucky; Talarico; Thimesch; Thompson, S.; Troxclair; Turner; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Buckley; Burns; Button; Cain; Cook; Darby; Dorazio; Frank; Gates; Geren; Harless; Harris, C.E.; Harris, C.J.; Hefner; Isaac; Kitzman; Lambert; Landgraf; Metcalf; Morrison; Murr; Noble; Patterson; Paul; Raney; Rogers; Schaefer; Shaheen; Slaton; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Campos; DeAyala; Jetton; King, K.; Kuempel; Leo-Wilson; Lujan; Orr; Schatzline.
STATEMENTS OF VOTE
When Record No. 784 was taken, I was shown voting yes. I intended to vote no.
Ashby
When Record No. 784 was taken, I was shown voting yes. I intended to vote no.
Frazier
When Record No. 784 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 784 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
When Record No. 784 was taken, I was in the house but away from my desk. I would have voted no.
Kuempel
When Record No. 784 was taken, I was shown voting yes. I intended to vote no.
Leach
When Record No. 784 was taken, I was in the house but away from my desk. I would have voted no.
Schatzline
When Record No. 784 was taken, I was shown voting yes. I intended to vote no.
Thimesch
CSHB 2568 ON SECOND READING
(by Hayes, E. Morales, Cain, Rogers, et al.)
CSHB 2568, A bill to be entitled An Act relating to a study of carrizo cane on the international border of this state.
CSHB 2568 was read second time earlier today and was postponed until this time.
Amendment No. 1
Representative Hayes offered the following amendment to CSHB 2568:
Amend CSHB 2568 (house committee report) as follows:
(1) On page 1, line 17, following the semicolon, insert "and".
(2) On page 1, strike lines 18 and 19.
(3) On page 1, line 20, strike "(3)" and substitute "(2)".
Amendment No. 1 was adopted.
CSHB 2568, as amended, was passed to engrossment.
HB 2933 ON SECOND READING
(by Dorazio, Gates, Shaheen, Plesa, et al.)
HB 2933, A bill to be entitled An Act relating to ensuring certain adoptive parents may consent to medical care and access information regarding their child who is eligible for benefits under Medicaid.
HB 2933 was read second time earlier today and was postponed until this time.
HB 2933 was passed to engrossment.
CSHB 19 ON SECOND READING
(by Murr, Leach, Landgraf, Meyer, et al.)
CSHB 19, A bill to be entitled An Act relating to the creation of a specialty trial court to hear certain cases; authorizing fees.
CSHB 19 was read second time earlier today, postponed until 4:30 p.m. today, and was again postponed until this time.
Amendment No. 1
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) as follows:
(1) On page 1, line 12, strike "suit" and substitute "action".
(2) On page 4, strike line 16 and substitute the following:
(13) "Qualified transaction" means a transaction, other than a transaction involving a loan or an advance of money or credit by a bank, credit union, or savings and loan institution,
(3) On page 5, line 8, strike "(b) and (c)" and substitute "(b), (c), (d), and (e)".
(4) Strike page 5, line 14 through page 8, line 1, and substitute the following:
(b) The business court has civil jurisdiction concurrent with district courts in the following actions in which the amount in controversy exceeds $5 million, excluding interest, statutory damages, exemplary damages, penalties, attorney's fees, and court costs:
(1) a derivative proceeding;
(2) an action regarding the governance, governing documents, or internal affairs of an organization;
(3) an action in which a claim under a state or federal securities or trade regulation law is asserted against:
(A) an organization;
(B) a controlling person or managerial official of an organization for an act or omission by the organization or by the person in the person's capacity as a controlling person or managerial official;
(C) an underwriter of securities issued by the organization; or
(D) the auditor of an organization;
(4) an action by an organization, or an owner of an organization, if the action:
(A) is brought against an owner, controlling person, or managerial official of the organization; and
(B) alleges an act or omission by the person in the person's capacity as an owner, controlling person, or managerial official of the organization;
(5) an action alleging that an owner, controlling person, or managerial official breached a duty owed to an organization or an owner of an organization by reason of the person's status as an owner, controlling person, or managerial official, including the breach of a duty of loyalty or good faith;
(6) an action seeking to hold an owner or governing person of an organization liable for an obligation of the organization, other than on account of a written contract signed by the person to be held liable in a capacity other than as an owner or governing person; and
(7) an action arising out of the Business Organizations Code.
(c) The business court has civil jurisdiction concurrent with district courts in the following actions in which the amount in controversy exceeds $10 million, excluding interest, statutory damages, exemplary damages, penalties, attorney's fees, and court costs:
(1) an action arising out of a qualified transaction;
(2) an action that arises out of a contract or commercial transaction in which the parties to the contract or transaction agreed in the contract or a subsequent agreement that the business court has jurisdiction of the action; and
(3) subject to Subsection (f), an action that arises out of a violation of the Finance Code or Business & Commerce Code by an organization or an officer or governing person acting on behalf of an organization other than a bank, credit union, or savings and loan association.
(d) The business court has civil jurisdiction concurrent with district courts in an action seeking injunctive relief or a declaratory judgment under Chapter 37, Civil Practice and Remedies Code, involving a dispute based on a claim within the court's jurisdiction under Subsection (b) or (c).
(e) Except as provided by Subsection (g), the business court has supplemental jurisdiction over any other claim related to a case or controversy within the court's jurisdiction that forms part of the same case or controversy. A claim within the business court's supplemental jurisdiction may proceed in the business court only on the agreement of all parties to the claim and a judge of the division of the court before which the action is pending. If the parties involved in a claim within the business court's supplemental jurisdiction do not agree on the claim proceeding in the business court, the claim may proceed in a court of original jurisdiction concurrently with any related claims proceeding in the business court.
(f) Unless the claim falls within the business court's supplemental jurisdiction, the business court does not have jurisdiction of:
(1) a civil action:
(A) brought by or against a governmental entity; or
(B) to foreclose on a lien on real or personal property;
(2) a claim arising out of:
(A) Subchapter E, Chapter 15, and Chapter 17, Business & Commerce Code;
(B) the Estates Code;
(C) the Family Code;
(D) Chapters 541 and 542, Insurance Code; and
(E) Chapter 53 and Title 9, Property Code;
(3) a claim arising out of the production or sale of a farm product, as that term is defined by Section 9.102, Business & Commerce Code; or
(4) a claim related to a consumer transaction, as that term is defined by Section 601.001, Business & Commerce Code, to which a consumer in this state is a party, arising out of a violation of federal or state law.
(g) The business court does not have jurisdiction of the following claims regardless of whether the claim is otherwise within the court's supplemental jurisdiction under Subsection (e):
(1) a claim arising under Chapter 74, Civil Practice and Remedies Code;
(2) a claim in which a party seeks recovery of monetary damages for bodily injury or death; or
(3) a claim of legal malpractice.
Amendment No. 2
Representative J.E. Johnson offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Murr on page 2, line 32, between "action" and the underlined semicolon, by inserting ", except an action that arises out of an insurance contract".
Amendment No. 2 was adopted.
Amendment No. 3
Representative Burrows offered the following amendment to Amendment No. 1:
Amend Amendment No. 1 by Murr to CSHB 19 on page 4 as follows:
(1) On line 5, strike "Chapters 541 and 542," and substitute "the".
(2) Strike lines 9 and 10 and substitute the following:
& Commerce Code;
(4) a claim related to the duties and obligations under an insurance policy; or
(5) a claim related to a consumer transaction, as that
Amendment No. 3 was adopted.
Amendment No. 1, as amended, was adopted.
Amendment No. 4
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) on page 5, by striking lines 2 through 6 and substituting the following:
(b) The business court is composed of divisions as provided by this section.
(c) The First Business Court Division is composed of the counties composing the First Administrative Judicial Region under Section 74.042(b).
(d) The Second Business Court Division is composed of the counties composing the Second Administrative Judicial Region under Section 74.042(c), subject to funding through legislative appropriations. The division is abolished September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(e) The Third Business Court Division is composed of the counties composing the Third Administrative Judicial Region under Section 74.042(d).
(f) The Fourth Business Court Division is composed of the counties composing the Fourth Administrative Judicial Region under Section 74.042(e).
(g) The Fifth Business Court Division is composed of the counties composing the Fifth Administrative Judicial Region under Section 74.042(f), subject to funding through legislative appropriations. The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(h) The Sixth Business Court Division is composed of the counties composing the Sixth Administrative Judicial Region under Section 74.042(g), subject to funding through legislative appropriations. The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(i) The Seventh Business Court Division is composed of the counties composing the Seventh Administrative Judicial Region under Section 74.042(h), subject to funding through legislative appropriations. The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(j) The Eighth Business Court Division is composed of the counties composing the Eighth Administrative Judicial Region under Section 74.042(i).
(k) The Ninth Business Court Division is composed of the counties composing the Ninth Administrative Judicial Region under Section 74.042(j), subject to funding through legislative appropriations. The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(l) The Tenth Business Court Division is composed of the counties composing the Tenth Administrative Judicial Region under Section 74.042(k), subject to funding through legislative appropriations. The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.
(j) The Eleventh Business Court Division is composed of the counties composing the Eleventh Administrative Judicial Region under Section 74.042(l).
(k) This subsection and Subsections (d), (g), (h), (i), (k), and (l) expire September 1, 2026.
Amendment No. 4 was adopted.
Amendment No. 5
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) as follows:
(1) On page 8, strike lines 8 and 9 and substitute the following:
establish venue in a county in a division of the business court and the business court shall assign the action to that division. Venue may be established as provided by law or, if a written contract specifies a county as venue for the action, as provided by the contract.
(2) On page 8, strike lines 20 and 21 and substitute the following:
the court shall:
(1) if an operating division of the court includes a county of proper venue, transfer the action to that division; or
(2) if there is not an operating division of the court that includes a county of proper venue, at the option of the party filing the action, transfer the action to a district court or county court at law in a county of proper venue.
(3) On page 9, strike lines 1 through 10 and substitute the following in added Section 25A.006, Government Code, reletter remaining subsections of that section, and update any cross-references to those subsections accordingly:
(e) A party may not remove to a business court an action filed in a district court or county court at law in a county of proper venue that is not within an operating division of the business court.
(f) A party may file an agreed notice of removal at any time during the pendency of the action. If all parties to the action have not agreed to remove the action, the notice of removal must be filed:
(1) not later than the 30th day after the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court's jurisdiction over the action; or
(2) if an application for temporary injunction is pending on the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court's jurisdiction over the action, not later than the 30th day after the date the application is granted, denied, or denied as a matter of law.
(g) The notice of removal must be filed with the business court and the court in which the action was originally filed. On receipt of the notice, the clerk of the court in which the action was originally filed shall immediately transfer the action to the business court in accordance with rules adopted by the supreme court, and the business court clerk shall assign the action to the appropriate division of the business court.
(4) On page 9, lines 22 and 23, strike ". On request by the judge under this subsection and after" and substitute "and request a hearing on the transfer request. After".
Amendment No. 5 was adopted.
Amendment No. 6
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) on page 11 by striking lines 7 through 13 and substituting the following:
(C) serving as a judge of a court in this state with civil jurisdiction; or
(D) any combination of experience described by Paragraphs (A)-(C).
Amendment No. 6 was adopted.
Amendment No. 7
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) as follows:
(1) On page 11, strike lines 17 through 21 and substitute the following for added Section 25A.009, Government Code, reletter remaining subsections of that section, and update any cross-references to those subsections accordingly:
Sec. 25A.009. APPOINTMENT OF JUDGES; TERM; PRESIDING JUDGE; EXCHANGE OF BENCHES. (a) The governor, with the advice and consent of the senate, shall appoint:
(1) two judges to each of the First, Third, Fourth, and Eleventh Divisions of the business court; and
(2) one judge to each of the Second, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Divisions of the business court.
(b) A business court judge shall serve for a term of two years, beginning on September 1 of every even-numbered year.
(c) A business court judge may be reappointed.
(d) Not later than the seventh day after the first day of a term, the business court judges by majority vote shall select a judge of the court to serve as administrative presiding judge for the duration of the term. If a vacancy occurs in the position of administrative presiding judge, the remaining business court judges shall select a judge of the court to serve as administrative presiding judge for the remainder of the unexpired term as soon as practicable.
(2) On page 14, strike line 13 and substitute the following:
(b) The administrative presiding judge of the business court shall manage administrative and personnel matters on behalf of the court. The administrative presiding judge of the business court shall appoint a clerk, whose office
(3) On page 16, line 21, strike "or" and substitute "and".
Amendment No. 8
Representative Moody offered the following amendment to Amendment No. 7:
Amend Amendment No. 7 by Murr to CSHB 19 as follows:
(1) Strike item (1) and substitute the following:
(1) On page 11, strike lines 14 through 24 and substitute the following for added Section 25A.009, Government Code, reletter the remaining subsections of that section, and update any cross-references to those subsections accordingly:
Sec. 24A.009. ELECTION OF JUDGES; PRESIDING JUDGE; EXCHANGE OF BENCHES. (a) The qualified voters in the geographic boundaries of each business court division shall elect a judge to serve for that division.
(b) Not later than the seventh day after the first day of a term, the business court judges by majority vote shall select a judge of the court to serve as administrative presiding judge for the duration of the term. If a vacancy occurs in the position of administrative presiding judge, the remaining business court judges shall select a judge of the court to serve as administrative presiding judge for the remainder of the unexpired term as soon as practicable.
(2) Add the following appropriately numbered items to the amendment:
(____) On page 10, line 27, strike "appointed" and substitute "elected".
(____) On page 11, line 1, strike "appointment" and substitute "the beginning of the judge's term".
(____) On page 12, strike lines 1 through 5.
(____) On page 14, lines 21 and 27, strike "appointed" and substitute "elected".
(____) On page 19, line 4, strike "(a)".
(____) On page 19, strike lines 8 through 13.
(____) Strike SECTION 6 of the bill (page 19, lines 16 through 23), and renumber subsequent SECTIONS of the bill accordingly.
A record vote was requested.
Amendment No. 8 failed of adoption by (Record 785): 63 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Clardy; Cole; Collier; Cortez; Craddick; Davis; Dutton; Flores; Gámez; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Sherman; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Cook; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Garcia; Gates; Gerdes; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morrison; Murr; Noble; Oliverson; Orr; Patterson; Paul; Price; Raney; Rogers; Schatzline; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Lalani; Ordaz; Thierry; Thompson, E.
Absent — Campos.
Amendment No. 7 was adopted.
Amendment No. 9
Representative Murr offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report) as on page 15 by striking lines 7 through 9 and substituting the following:
court. The business court may not require:
(1) a party or attorney to remotely attend a court proceeding in which oral testimony is heard, absent good cause or the agreement of the parties; or
(2) an attorney, party, or juror to attend a jury trial remotely, absent agreement of the parties.
Amendment No. 9 was adopted.
Amendment No. 10
Representative J.E. Johnson offered the following amendment to CSHB 19:
Amend CSHB 19 (house committee report), on page 16, between lines 5 and 6, by inserting the following section:
Sec. 25A.0171. REPORT. Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall submit to the legislature a report on the number and types of cases heard by the business court in the preceding year.
Amendment No. 10 was adopted.
CSHB 19, as amended, was passed to engrossment.
RECESS
Representative Geren moved that the house recess until 9 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 6:41 p.m., recessed until 9 a.m. tomorrow.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 13
SB 349, SB 1008, SB 1055, SCR 28
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
Monday, May 1, 2023
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:
HCR 106
Craddick
SPONSOR: King
|
In memory of H. Philip "Flip" Whitworth of Austin.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
THE SENATE HAS REFUSED TO CONCUR IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
Senate Conferees: Nichols - Chair/Hancock/Paxton/West/Zaffirini
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, May 1, 2023 - 2
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:
Relating to the authority of a political subdivision to issue debt to purchase or lease tangible personal property.
Relating to access to criminal history record information for certain employees, volunteers, and contractors, and for applicants for those positions, by the Health and Human Services Commission.
Relating to the establishment of the Texas Health Insurance Mandate Advisory Collaborative; authorizing a fee.
Relating to online notarizations.
Relating to the creation of the Liberty County Municipal Utility District No. 12; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Liberty County Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Urging Congress to amend federal law to allow states to provide for the consolidation of federally funded workforce development services with federally funded social safety net services.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, May 1, 2023 - 3
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:
Relating to a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.
Relating to the application review process for certain delayed birth certificates.
Relating to the renewal and review of standard permits for certain concrete plants.
Relating to the accreditation of certain postsecondary educational institutions in this state or of certain programs offered by those institutions.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
April 28
Appropriations - HB 1794
Business and Industry - HB 3276, HB 4084, HB 4214, HB 4277
Community Safety, Select - HB 1138, HB 2291, HB 3534, HB 4639
Corrections - HB 3363, HB 4251
House Administration - HR 1073, HR 1074
Judiciary and Civil Jurisprudence - HB 1985, HB 2333, HB 2541, HB 2779, HB 3422, HB 3752, HB 3949, HB 4107, HB 4376, HB 4557, HB 4635, HB 4674, HCR 107, HJR 166
Licensing and Administrative Procedures - SB 1001
Natural Resources - HB 585, HB 4856
Pensions, Investments, and Financial Services - SB 895
Public Education - HB 1572, HB 2102, HB 2164, HB 2273, HB 2923, HB 3028, HB 4656, HB 4716, HB 5167
Transportation - HB 421, HB 2053, HB 3525, HB 4078, HB 4121
Urban Affairs - HB 3528
Ways and Means - HB 2608, HB 2859, HB 3055, HB 3207, HB 4172
Youth Health and Safety, Select - HB 4091
ENGROSSED
April 28 - HB 6, HB 17, HB 134, HB 173, HB 213, HB 272, HB 276, HB 278, HB 371, HB 468, HB 541, HB 562, HB 570, HB 616, HB 626, HB 627, HB 628, HB 660, HB 663, HB 687, HB 692, HB 786, HB 804, HB 841, HB 907, HB 915, HB 1002, HB 1034, HB 1153, HB 1184, HB 1236, HB 1243, HB 1290, HB 1410, HB 1432, HB 1434, HB 1503, HB 1527, HB 1540, HB 1547, HB 1563, HB 1587, HB 1592, HB 1597, HB 1661, HB 1673, HB 1677, HB 1759, HB 1911, HB 1957, HB 2006, HB 2063, HB 2067, HB 2070, HB 2091, HB 2095, HB 2109, HB 2153, HB 2158, HB 2209, HB 2259, HB 2305, HB 2337, HB 2353, HB 2355, HB 2360, HB 2361, HB 2373, HB 2478, HB 2488, HB 2497, HB 2545, HB 2555, HB 2669, HB 2670, HB 2696, HB 2708, HB 2755, HB 2920, HB 2957, HB 2958, HB 3065, HB 3075, HB 3144, HB 3192, HB 3232, HB 3278, HB 3310, HB 3311, HB 3341, HB 3345, HB 3359, HB 3414, HB 3431, HB 3437, HB 3461, HB 3466, HB 3507, HB 3522, HB 3523, HB 3526, HB 3550, HB 3577, HB 3673, HB 3754, HB 3808, HB 3811, HB 3837, HB 3893, HB 3956, HB 4041, HB 4058, HB 4131, HB 4183, HB 4300, HB 4331, HB 4332, HB 4385, HB 4441, HB 4443, HB 4528, HB 4532, HB 4593, HB 4700, HB 4844, HB 4885, HB 4943, HB 4993, HB 5016, HB 5195, HB 5291, HB 5302, HCR 12, HCR 83, HJR 138
RECOMMENDATIONS FILED WITH THE SPEAKER
April 28 - HB 5341, HB 5351
SIGNED BY THE GOVERNOR
April 28 - HCR 94
FILED WITHOUT THE GOVERNOR'S SIGNATURE
April 28 - HCR 100