SEVENTY-FOURTH DAY --- SUNDAY, MAY 28, 2023
The house met at 1:36 p.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 2196).
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; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Absent, Excused — Garcia; Shaheen.
Absent — Herrero; Walle.
The invocation was offered by the Reverend Jakob N. Hurlimann, chaplain, as follows:
Lord God, father of nations, in ages past you promised to send your spirit into the hearts of your people, and in these days have fulfilled that same promise. Grant that all who have dedicated themselves to service of you and to your people by gathering to enact legislation may receive a fresh outpouring of that same spirit. Grant unto them the gifts of that spirit, of wisdom, of understanding, counsel, of fortitude, knowledge, of piety, and fear of the Lord. We ask this through Christ our Lord. Amen.
The chair recognized Representative Troxclair who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of illness:
Garcia on motion of Campos.
The following member was granted leave of absence for today because of important family matters:
Shaheen on motion of Patterson.
HR 2466 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2466, suspending the limitations on the conferees for HB 9.
HR 2470 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2470, suspending the limitations on the conferees for HB 5344.
HR 2439 - ADOPTED
(by Bryant, Rogers, Lambert, Ashby, and Slawson)
Representative Bryant moved to suspend all necessary rules to take up and consider at this time HR 2439.
The motion prevailed.
The following resolution was laid before the house:
HR 2439, In memory of former U.S. Congressman Charlie Stenholm of Granbury.
The chair recognized Representative Bryant who addressed the house, speaking as follows:
Today, I'm joined by Representatives Stan Lambert, Shelby Slawson, and Glenn Rogers—each of whom, at one time or another, have represented the home of the person whom we are gathering to honor. We are gathered here to memorialize the life and the career of a good friend of 50 years, a great Texan, and a true son of West Texas, former United States Congressman Charles Stenholm of Stamford—more recently of Granbury.
Congressman Charlie Stenholm was known nationally as a major architect of the nation's agricultural policy, both while in office and out of office. He was born in Stamford—Jones County—and grew up on the family farm in the Swedish Lutheran community of Ericksdahl. He graduated from Stamford High School, where he was active in sports and the Future Farmers of America. He participated on two state championship football teams and earned the highest FFA honor, the Lone Star Degree. As a graduate of Texas Tech, he taught school in Avoca, Texas, while helping his father grow cotton and wheat and raise cattle on the family farm. He then began his career in public policy as an advocate for the Rolling Plains Cotton Growers Association. Later, Charlie served as president of the Texas Rural Electric Cooperative Association. In 1978, he was elected to represent the 17th Congressional District of Texas—a sprawling West Texas district, and one that gave him the opportunity in Congress to become an ardent champion of rural Texas. He played a key role in shaping and passing every farm bill during his 26 years of public service. In the 1980s, he helped formulate legislation that rescued the Farm Credit System from financial distress. In the 1990s, he assisted in drafting legislation that reorganized the U.S. Department of Agriculture. He worked across the aisle with Congressman Larry Combest of Lubbock to win passage of a farm bill that doubled subsidies for Texas agribusiness. They also worked together on many other rural and farm related pieces of legislation. Charlie was instrumental in reforming the Federal Crop Insurance System to better protect farmers and their families.
In the early 1980s, he helped garner democratic support for President Reagan's tax cuts. Charlie was a fervent advocate of a balanced budget. He was a conservative democrat, a founder of the Blue Dog Coalition, but he was well known for his ability to work across the aisle—always staying gentle, calm, and patient no matter how heated the discussion was. He had earned a well-deserved reputation for building bipartisan alliances on policy issues including agriculture, energy, budget, rural health care, and Social Security. Charlie often said, "Compromise is not a four-letter word." He valued the opinions of others, but he stood firmly by his principles even when inconvenient, even when politically risky. He remained very close to his commonsense upbringing, saying that whenever he strayed too far into a Washington mindset, he went home and spent some time on the farm. "I do my best thinking on the back of my tractor back home in Stamford," he was quoted as saying.
After public office, Charlie was a senior policy advisor for the OFW law firm and board member of the Concord Coalition and the Committee for a Responsible Budget. He moved to Granbury in 2010, where he gradually retired. During that time, he taught a weekly class on agriculture and energy policy at Tarleton State, attended Bible study, wrote news articles, tracked the weather, and spent time with his wife, Cindy, and the rest of his fine family. He was an individual that devoted his career to the advancement of farming and rural communities, and although he is deeply missed, his exceptional contributions will continue to resonate in the years to come.
Today, we offer our condolences to his wife, Cindy, and his children: Chris, Carey, and Courtney, and all the rest of his Stenholm family and his friends. We celebrate a life of service—a life well lived.
HR 2439 was unanimously adopted by a rising vote.
On motion of Representative Lambert, the names of all the members of the house were added to HR 2439 as signers thereof.
HR 2371 - ADOPTED
(by Button)
Representative Button moved to suspend all necessary rules to take up and consider at this time HR 2371.
The motion prevailed.
The following resolution was laid before the house:
HR 2371, In memory of McCarley Jean Rutledge.
HR 2371 was unanimously adopted by a rising vote.
REMARKS ORDERED PRINTED
Representative Turner moved to print remarks by Representative Bryant on HR 2439.
The motion prevailed.
HR 617 - INTRODUCTION OF GUEST
The chair recognized Representative Hinojosa who introduced David Cabrera.
HR 2434 - ADOPTED
(by Burns)
Representative Burns moved to suspend all necessary rules to take up and consider at this time HR 2434.
The motion prevailed.
The following resolution was laid before the house:
HR 2434, Honoring retired Arlington assistant police chief Kevin Kolbye for his contributions to law enforcement.
HR 2434 was adopted.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
Herrero on motion of Martinez Fischer.
HR 2337 - ADOPTED
(by C. Bell)
Representative C. Bell moved to suspend all necessary rules to take up and consider at this time HR 2337.
The motion prevailed.
The following resolution was laid before the house:
HR 2337, Congratulating actor, artist, and advocate Buck Taylor on his 85th birthday.
HR 2337 was read and was adopted.
INTRODUCTION OF GUEST
The chair recognized Representative C. Bell who introduced Buck Taylor.
HR 2328 - ADOPTED
(by Hinojosa)
Representative Hinojosa moved to suspend all necessary rules to take up and consider at this time HR 2328.
The motion prevailed.
The following resolution was laid before the house:
HR 2328, Honoring Helen Kent-Davis for her 25 years of advocacy on women's and children's health issues in Texas.
HR 2328 was adopted.
SCR 22 - ADOPTED
(Metcalf - House Sponsor)
Representative Metcalf moved to suspend all necessary rules to take up and consider at this time SCR 22.
The motion prevailed.
The following resolution was laid before the house:
SCR 22, Authorizing the creation and appointment of joint legislative study committees by the lieutenant governor and speaker of the House of Representatives.
SCR 22 was adopted by (Record 2197): 139 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; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; 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; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lalani; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Hull.
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Campos; King, T.; Rogers; Thompson, S.; Walle.
STATEMENT OF VOTE
When Record No. 2197 was taken, I was in the house but away from my desk. I would have voted yes.
Rogers
HR 2471 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2471, suspending the limitations on the conferees for HJR 125.
HR 2472 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2472, suspending the limitations on the conferees for SB 28.
HR 2473 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2473, suspending the limitations on the conferees for SJR 75.
HR 2477 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 2477, suspending the limitations on the conferees for HB 4635.
(Patterson in the chair)
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).
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List Nos. 35 and 36).
(Walle now present)
HR 2422 - ADOPTED
(by Anderson)
The following privileged resolution was laid before the house:
HR 2422
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 1893 (prohibiting the use of certain social media applications and services on devices owned or leased by governmental entities) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change, alter, or amend text which is not in disagreement in proposed SECTION 1 of the bill, in added Section 620.001(1)(B), Government Code, by striking "by executive order" and substituting "by proclamation".
Explanation: The change is necessary to ensure the proper method by which the governor specifies a social media application as a covered application.
(2) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change, alter, or amend text which is not in disagreement in proposed SECTION 1 of the bill, in added Section 620.001(2)(B), Government Code, between "a court of appeals," and "or the Texas Judicial Council", by inserting "a district court,".
Explanation: The change is necessary to ensure that district courts comply with the Act.
(3) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change, alter, or amend text which is not in disagreement in proposed SECTION 1 of the bill, in the heading to added Section 620.005, Government Code, by striking "ORDER" and substituting "PROCLAMATION".
Explanation: The change is necessary to ensure the proper method by which the governor specifies a social media application as a covered application.
(4) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change, alter, or amend text which is not in disagreement in proposed SECTION 1 of the bill, in added Section 620.005, Government Code, by striking "executive order" and substituting "proclamation".
Explanation: The change is necessary to ensure the proper method by which the governor specifies a social media application as a covered application.
HR 2422 was adopted by (Record 2198): 132 Yeas, 2 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, K.; Bernal; Bhojani; Bonnen; Bryant; Buckley; Bucy; Bumgarner; Burns; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Flores; Frank; Frazier; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris, C.E.; Harrison; Hayes; Hefner; Hinojosa; Holland; Howard; Hull; Hunter; Isaac; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Walle; Wilson; Wu; Zwiener.
Nays — Burrows; Harris, C.J.
Present, not voting — Mr. Speaker; Harless; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Bell, C.; Bowers; DeAyala; Dutton; Hernandez; King, K.; Kuempel; Schatzline; Vo.
STATEMENTS OF VOTE
When Record No. 2198 was taken, I was shown voting no. I intended to vote yes.
C.J. Harris
When Record No. 2198 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
SB 1893 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Anderson submitted the conference committee report on SB 1893.
Representative Anderson moved to adopt the conference committee report on SB 1893.
The motion to adopt the conference committee report on SB 1893 prevailed by (Record 2199): 139 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; 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; 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; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson.
Nays — Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Bryant; Frazier; Kuempel.
STATEMENTS OF VOTE
When Record No. 2199 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 2199 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 2199 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
SB 1445 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Goldman submitted the conference committee report on SB 1445.
Representative Goldman moved to adopt the conference committee report on SB 1445.
The motion to adopt the conference committee report on SB 1445 prevailed by (Record 2200): 138 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; 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; 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; Lalani; 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; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Tinderholt.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Bryant; Frazier; Harris, C.J.; Muñoz; Thompson, S.
STATEMENTS OF VOTE
When Record No. 2200 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 2200 was taken, I was in the house but away from my desk. I would have voted yes.
Frazier
When Record No. 2200 was taken, I was in the house but away from my desk. I would have voted yes.
S. Thompson
HB 3297 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative C.J. Harris submitted the following conference committee report on HB 3297:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3297 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 3297, A bill to be entitled An Act relating to the elimination of regular mandatory vehicle safety inspections for noncommercial vehicles and the imposition of replacement fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0622(a), Health and Safety Code, is amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided by law;
(2) each amount described by Sections 548.510(d)(3) and (e)(3) [$2
from the portion of each fee collected for inspections of vehicles other than mopeds and remitted to the state under Sections 548.501 and 548.503], Transportation Code; and
(3) fees collected that are required under Section 185 of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 2. Section 382.202, Health and Safety Code, is amended by amending Subsection (d) and adding Subsection (e-1) to read as follows:
(d) On adoption of a resolution by the commission and after proper notice, the Department of Public Safety of the State of Texas shall implement a system that requires, [as a condition of obtaining a passing vehicle inspection report issued under Subchapter C, Chapter 548, Transportation Code,] in a county that is included in a vehicle emissions inspection and maintenance program under Subchapter F, Chapter 548, Transportation Code [of that chapter], that a motor vehicle registered in this state [the vehicle], unless the vehicle is not covered by the system, be annually or biennially inspected under the vehicle emissions inspection and maintenance program as required by the state's air quality state implementation plan. The Department of Public Safety shall implement such a system when it is required by any provision of federal or state law, including any provision of the state's air quality state implementation plan.
(e-1) The portion of a fee imposed under Subsection (e) that is not authorized to be retained by an inspection station must be collected as provided by Section 548.509, Transportation Code.
SECTION 3. Section 382.203(c), Health and Safety Code, is amended to read as follows:
(c) The Department of Public Safety of the State of Texas by rule may waive program requirements, in accordance with standards adopted by the commission, for certain vehicles and vehicle owners, including:
(1) the registered owner of a vehicle who cannot afford to comply with the program, based on reasonable income standards;
(2) a vehicle that cannot be brought into compliance with emissions standards by performing repairs;
(3) a vehicle:
(A) on which at least $100 has been spent to bring the vehicle into compliance; and
(B) that the department[:
[(i)] can verify is driven an average of less than 5,000 miles each year [was driven fewer than 5,000 miles since the last safety inspection; and
[(ii)
reasonably determines will be driven fewer than 5,000
miles during the period before the next safety inspection is required]; and
(4) a vehicle for which parts are not readily available.
SECTION 4. Section 502.0024, Transportation Code, is amended to read as follows:
Sec. 502.0024. EXTENDED REGISTRATION OF CERTAIN TRAILERS [VEHICLES NOT SUBJECT TO INSPECTION]. (a) Notwithstanding Section 502.044(c), the department shall develop and implement a system of registration to allow an owner of a trailer, semitrailer, or pole trailer having an actual gross weight or registered gross weight of 7,500 pounds or less [vehicle described by Section 548.052(3) other than a mobile home] to register the vehicle for an extended registration period of not more than five years. The owner may select the number of years for registration under this section within that range and register the vehicle for that period. Payment for all applicable fees, including any optional fee imposed under Subchapter H and other registration fees and the fee required by Section 548.510, for the entire registration period selected is due at the time of registration.
(b) The fee required by Section 548.510 shall be remitted to the comptroller for deposit in the Texas mobility fund, the general revenue fund, and the clean air account in amounts proportionate to the allocation prescribed by Subsection (d) [(b)] of that section.
(c) The fees imposed under Subchapter H shall be collected and remitted as prescribed by that subchapter.
SECTION 5. Sections 502.0025(d) and (e), Transportation Code, are amended to read as follows:
(d) A motor vehicle, semitrailer, or trailer registered under this section is subject to any applicable [the] inspection requirements of Chapter 548 as if the vehicle, semitrailer, or trailer were registered without an extended registration period.
(e) The department shall adopt rules to implement this section, including rules:
(1) regarding the suspension of an exempt county fleet's registration under this section if the owner of the exempt county fleet fails to comply with this section or rules adopted under this section; and
(2) establishing a method to enforce applicable [the] inspection requirements of Chapter 548 for motor vehicles, semitrailers, and trailers registered under this section.
SECTION 6. Section 502.047(a), Transportation Code, is amended to read as follows:
(a) Except as provided by Chapter 548, the department and the Department of Public Safety shall ensure compliance with [the] motor vehicle inspection requirements under Chapter 548[, including compliance with the motor vehicle emissions inspection and maintenance program under Subchapter F of that chapter,] through a vehicle registration-based enforcement system.
SECTION 7. Section 502.092(c), Transportation Code, is amended to read as follows:
(c) A person may obtain a permit under this section by:
(1) applying to the department in a manner prescribed by the department;
(2) paying a fee equal to 1/12 the registration fee prescribed by this chapter for the vehicle;
(3) furnishing satisfactory evidence that the motor vehicle is insured under an insurance policy that complies with Section 601.072 and that is written by:
(A) an insurance company or surety company authorized to write motor vehicle liability insurance in this state; or
(B) with the department's approval, a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance under that chapter, if the applicant is unable to obtain insurance from an insurer described by Paragraph (A); and
(4) furnishing evidence that the vehicle has been inspected if [as] required under Chapter 548.
SECTION 8. Section 502.094(e), Transportation Code, is amended to read as follows:
(e) A vehicle issued a permit under this section is subject to [Subchapters B and F,] Chapter 548, unless the vehicle:
(1) is registered in another state of the United States, in a province of Canada, or in a state of the United Mexican States; or
(2) is mobile drilling or servicing equipment used in the production of gas, crude petroleum, or oil, including a mobile crane or hoisting equipment, mobile lift equipment, forklift, or tug.
SECTION 9. Section 502.146(d), Transportation Code, is amended to read as follows:
(d) A vehicle described by Subsection (b) is exempt from the inspection requirements of Subchapter [Subchapters B and] F, Chapter 548.
SECTION 10. Section 547.601, Transportation Code, is amended to read as follows:
Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle [required by Chapter 548 to be inspected] shall be equipped with:
(1) front safety belts if safety belt anchorages were part of the manufacturer's original equipment on the vehicle; or
(2) for a motor vehicle that is an assembled vehicle, as defined by Section 731.001, front safety belts in vehicles that contain safety belt anchorages.
SECTION 11. The heading to Chapter 548, Transportation Code, is amended to read as follows:
CHAPTER 548. [COMPULSORY] INSPECTION OF VEHICLES
SECTION 12. Section 548.001(10), Transportation Code, is amended to read as follows:
(10) "Vehicle inspection report" means a report issued by an inspector or an inspection station for a vehicle that indicates whether the vehicle has passed an inspection [the safety and, if applicable, emissions inspections] required by this chapter.
SECTION 13. Section 548.006(b), Transportation Code, is amended to read as follows:
(b) The members of the commission shall appoint seven members of the committee as follows:
(1) four persons to represent inspection station owners and operators[, with two of those persons from counties conducting vehicle emissions testing under Subchapter F and two of those persons from counties conducting safety only inspections];
(2) one person to represent manufacturers of motor vehicle emissions inspection devices;
(3) one person to represent independent vehicle equipment repair technicians; and
(4) one person to represent the public interest.
SECTION 14. Section 548.053, Transportation Code, is transferred to Subchapter E, Chapter 548, Transportation Code, redesignated as Section 548.255, Transportation Code, and amended to read as follows:
Sec. 548.255 [548.053]. REINSPECTION OF VEHICLE REQUIRING ADJUSTMENT, CORRECTION, OR REPAIR. [(a)] If an inspection discloses the necessity for adjustment, correction, or repair, an inspection station or inspector may not issue a passing vehicle inspection report until the adjustment, correction, or repair is made. The owner of the vehicle may have the adjustment, correction, or repair made by a qualified person of the owner's choice, subject to reinspection. The vehicle shall be reinspected once free of charge within 15 days after the date of the original inspection, not including the date the original inspection is made, at the same inspection station after the adjustment, correction, or repair is made.
[(b)
A vehicle that is inspected and is subsequently involved in an accident affecting the safe operation of an item of inspection must be reinspected following repair. The reinspection must be at an inspection station and shall be treated and charged as an initial inspection.]
SECTION 15. Section 548.105, Transportation Code, is transferred to Subchapter E, Chapter 548, Transportation Code, and redesignated as Section 548.2521, Transportation Code, to read as follows:
Sec. 548.2521 [548.105]. EVIDENCE OF FINANCIAL RESPONSIBILITY AS PREREQUISITE TO ISSUANCE OF PASSING VEHICLE INSPECTION REPORT. (a) An inspection station or inspector may not issue a passing vehicle inspection report for a vehicle unless the owner or operator furnishes evidence of financial responsibility at the time of inspection. Evidence of financial responsibility may be shown in the manner specified under Section 601.053(a). A personal automobile insurance policy used as evidence of financial responsibility must be written for a term of 30 days or more as required by Section 1952.054, Insurance Code.
(b) An inspection station is not liable to a person, including a third party, for issuing a passing vehicle inspection report in reliance on evidence of financial responsibility furnished to the station. An inspection station that is the seller of a motor vehicle may rely on an oral insurance binder.
SECTION 16. Sections 548.203(a) and (b), Transportation Code, are amended to read as follows:
(a) The commission by rule may exempt a type of commercial motor vehicle from the application of this subchapter if the vehicle:
(1) was manufactured before September 1, 1995;
(2) is operated only temporarily on a highway of this state and at a speed of less than 30 miles per hour; and
(3) complies with [Section 548.051 and] each applicable provision in Title 49, Code of Federal Regulations.
(b) A [Notwithstanding Subchapter B, a] commercial motor vehicle is not subject to the inspection requirements of this chapter if the vehicle:
(1) is not domiciled in this state;
(2) is registered in this state or under the International Registration Plan as authorized by Section 502.091; and
(3) has been issued a certificate of inspection in compliance with federal motor carrier safety regulations.
SECTION 17. Subchapter E, Chapter 548, Transportation Code, is amended by adding Section 548.257 to read as follows:
Sec. 548.257. TIMING OF INSPECTION FOR REGISTRATION-BASED ENFORCEMENT. The department shall require a vehicle required to be inspected under this chapter to pass the required inspection:
(1) for initial registration, not earlier than 90 days before the date of registration;
(2) for a renewal of registration, not earlier than 90 days before the date of expiration of the vehicle's registration;
(3) if the vehicle is a used motor vehicle sold by a dealer, as defined by Section 503.001, in the 180 days preceding the date the dealer sells the vehicle; or
(4) if the vehicle is subject to the federal motor carrier safety regulations, in a period that complies with those regulations.
SECTION 18. Section 548.505(a), Transportation Code, is amended to read as follows:
(a) The department by rule may impose an inspection fee for a vehicle inspected under Section 548.301(a) in addition to a fee adopted under Section 382.202, Health and Safety Code [the fee provided by Section 548.501, 548.502, 548.503, or 548.504]. A fee imposed under this subsection must be based on the costs of:
(1) providing inspections; and
(2) administering the program.
SECTION 19. Section 548.508, Transportation Code, is amended to read as follows:
Sec. 548.508. DISPOSITION OF FEES. Except as provided by Sections 382.0622 and 382.202, Health and Safety Code, and Sections [Section] 548.5055 and 548.510 of this code, each fee remitted to the comptroller under this subchapter shall be deposited to the credit of the Texas mobility fund.
SECTION 20. Section 548.509, Transportation Code, is amended to read as follows:
Sec. 548.509. COLLECTION OF FEE DURING REGISTRATION. (a) The Texas Department of Motor Vehicles or a county assessor-collector that registers a motor vehicle that is subject to an inspection fee under this chapter or Section 382.202, Health and Safety Code, or a replacement fee under Section 548.510 of this code shall collect at the time of registration of the motor vehicle the portion of the inspection fee that is required to be remitted to the state.
(b) The Texas Department of Motor Vehicles or the county assessor-collector shall remit the fee to the comptroller.
SECTION 21. Section 548.510, Transportation Code, is amended to read as follows:
Sec. 548.510. INSPECTION PROGRAM REPLACEMENT FEE [FOR CERTAIN VEHICLES NOT SUBJECT TO INSPECTION; COLLECTION OF FEE DURING REGISTRATION]. (a) Except as provided by Subsections (b) and (c), in addition to other fees imposed at the time of registration, at the time of application for initial registration or renewal of registration of a motor vehicle, trailer, semitrailer, pole trailer, or mobile home, the applicant shall pay an annual fee of $7.50.
(b) Instead of the fee provided by Subsection (a), an applicant shall pay a one-time fee of $16.75 if the application is for the initial registration of a passenger car or light truck that:
(1) is sold in this state or purchased by a commercial fleet buyer described by Section 501.0234(b)(4) for use in this state;
(2) has not been previously registered in this or another state; and
(3) on the date of sale is of the current model year or preceding model year.
(c) An applicant who pays a fee under Subsection (b) for a registration year is not required to pay a fee under Subsection (a) for the next registration year for the same vehicle.
(d) [A vehicle described by Section 548.052(3) that has an actual gross weight or registered gross weight of more than 4,500 pounds is subject to a fee in the amount of $7.50.
[(b)
The Texas Department of Motor Vehicles or a county assessor-collector that registers a vehicle described by Subsection (a) shall collect at the time of registration of the vehicle the fee prescribed by Subsection (a). The Texas Department of Motor Vehicles or the county assessor-collector, as applicable, shall remit the fee to the comptroller.] Each fee paid [remitted to the comptroller] under Subsection (a) [this section] shall be deposited by the comptroller after receipt under Section 548.509 as follows:
(1) $3.50 to the credit of the Texas mobility fund;
(2) $2 to the credit of the general revenue fund; and
(3) $2 to the credit of the clean air account.
(e) Each fee paid under Subsection (b) shall be deposited by the comptroller after receipt under Section 548.509 as follows:
(1) $12.75 to the credit of the Texas mobility fund;
(2) $2 to the credit of the general revenue fund; and
(3) $2 to the credit of the clean air account.
(f) A [(c) The] fee collected under this section [Subsection (a)] is not a motor vehicle registration fee and the revenue collected from the fee is not required to be used for a purpose specified by Section 7-a, Article VIII, Texas Constitution.
SECTION 22. Subchapter H, Chapter 548, Transportation Code, is amended by adding Section 548.511 to read as follows:
Sec. 548.511. VEHICLES NOT SUBJECT TO INSPECTION PROGRAM REPLACEMENT FEE. Section 548.510 does not apply to:
(1) a vehicle that is being registered under the International Registration Plan as authorized by Section 502.091;
(2) a token trailer that is being registered under Section 502.255, including a token trailer that is being registered for an extended period under Section 502.0023;
(3) a vehicle that is issued a permit under Section 502.094 and is described by Section 502.094(e)(1) or (2);
(4) a former military vehicle that is issued a specialty license plate under Section 504.502;
(5) a log loader vehicle that is issued a specialty license plate under Section 504.506;
(6) farm machinery, road-building equipment, a farm trailer, or a vehicle required to display a slow-moving-vehicle emblem under Section 547.703;
(7) a commercial motor vehicle that is required to be inspected under Subchapter D or that is subject to fees under Section 548.203(c);
(8) a vehicle that is being registered under Section 548.256(b);
(9) a neighborhood electric vehicle, as defined by Section 551.301;
(10) a trailer, semitrailer, pole trailer, or mobile home that:
(A) has an actual gross weight or registered gross weight of 4,500 pounds or less; or
(B) will move under or bear a factory-delivery license plate or in-transit license plate;
(11) a vehicle that will move under or bear a paper dealer in-transit tag, machinery license, disaster license, parade license, prorate tab, one-trip permit, vehicle temporary transit permit, antique license, custom vehicle license, street rod license, temporary 24-hour permit, or permit license; or
(12) a vehicle qualified for a tax exemption under Section 152.092, Tax Code.
SECTION 23. Section 548.603(a), Transportation Code, is amended to read as follows:
(a) A person commits an offense if the person:
(1) presents to an official of this state or a political subdivision of this state a vehicle inspection report or insurance document knowing that the report or document is counterfeit, tampered with, altered, fictitious, issued for another vehicle, issued for a vehicle failing to meet all emissions inspection requirements, or issued in violation of:
(A) this chapter, rules adopted under this chapter, or other law of this state; or
(B) a law of another state, the United States, the United Mexican States, a state of the United Mexican States, Canada, or a province of Canada; or
(2) [with intent to circumvent the emissions inspection requirements seeks an inspection of a vehicle at a station not certified to perform an emissions inspection if the person knows that the vehicle is required to be inspected under Section 548.301; or
[(3)] knowingly does not comply with an emissions inspection requirement for a vehicle.
SECTION 24. Section 548.604(a), Transportation Code, is amended to read as follows:
(a) A person commits an offense if the person operates or moves a motor vehicle, trailer, semitrailer, pole trailer, or mobile home, or a combination of those vehicles, that is[:
[(1)] equipped in violation of this chapter or a rule adopted under this chapter[; or
[(2)
in a mechanical condition that endangers a person, including the operator or an occupant, or property].
SECTION 25. Section 731.101(a), Transportation Code, is amended to read as follows:
(a) In addition to any [the] inspection required under Chapter 548, an assembled vehicle must pass an inspection conducted by a master technician for the type of assembled vehicle being inspected. The inspection must be conducted before issuance of a title for the assembled vehicle.
SECTION 26. The following provisions of the Transportation Code are repealed:
(1) the heading to Subchapter B, Chapter 548;
(2) Sections 548.051 and 548.052;
(3) the heading to Subchapter C, Chapter 548;
(4) Sections 548.101, 548.102, 548.103, and 548.104;
(5) Sections 548.301(d) and 548.3045(b); and
(6) Sections 548.501, 548.502, and 548.503.
SECTION 27. Not later than January 1, 2025, the Department of Public Safety shall submit to the lieutenant governor and the speaker of the house of representatives a report on changes in the department's expenses and income that result from implementing the changes in law required by this Act, including the increase or decrease, if any, of the number of full-time equivalent employees needed to administer Chapters 547 and 548, Transportation Code, between September 1, 2023, and the date the report is prepared.
SECTION 28. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 29. This Act takes effect January 1, 2025.
Representative C.J. Harris moved to adopt the conference committee report on HB 3297.
The motion to adopt the conference committee report on HB 3297 prevailed by (Record 2201): 109 Yeas, 32 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cole; Cook; Cortez; Cunningham; Darby; Dean; DeAyala; Dutton; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Leach; Leo-Wilson; Longoria; Lopez, J.; Lozano; Lujan; Martinez; Metcalf; Meyer; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Paul; Perez; Plesa; Raney; Raymond; Rogers; Rose; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Zwiener.
Nays — Anchía; Canales; Collier; Craddick; Davis; Flores; Gámez; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Isaac; Johnson, J.D.; Jones, V.; Landgraf; Lopez, R.; Martinez Fischer; Meza; Moody; Neave Criado; Ortega; Price; Ramos; Reynolds; Romero; Rosenthal; Sherman; Talarico; Thompson, S.; Walle; Wu.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Bryant; Dorazio; Manuel.
STATEMENTS OF VOTE
When Record No. 2201 was taken, I was shown voting yes. I intended to vote no.
Allison
When Record No. 2201 was taken, I was shown voting yes. I intended to vote no.
Bowers
When Record No. 2201 was taken, I was in the house but away from my desk. I would have voted no.
Bryant
When Record No. 2201 was taken, I was shown voting no. I intended to vote yes.
Isaac
When Record No. 2201 was taken, my vote failed to register. I would have voted no.
Manuel
When Record No. 2201 was taken, I was shown voting no. I intended to vote yes.
Moody
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).
HB 3059 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative T. King submitted the following conference committee report on HB 3059:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3059 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 3059, A bill to be entitled An Act relating to the export fee charged for the transfer of groundwater from a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.122, Water Code, is amended by amending Subsections (e) and (p) and adding Subsections (e-1), (e-2), and (e-3) to read as follows:
(e) Except as provided by Subsection (e-1), the [The] district may impose an export fee or surcharge using one of the following methods:
(1) a fee negotiated between the district and the exporter;
(2) for a tax-based district, a rate not to exceed 20 cents [the equivalent of the district's tax rate per hundred dollars of valuation] for each thousand gallons of water exported from the district [or 2.5 cents per thousand gallons of water, if the district assesses a tax rate of less than 2.5 cents per hundred dollars of valuation]; or
(3) for a fee-based district, a rate not to exceed the greater of 20 cents for each thousand gallons or a 50 percent surcharge, in addition to the district's production fee, for water exported from the district.
(e-1) Effective January 1, 2024, the maximum allowable rate a district may impose for an export fee or surcharge under Subsection (e)(2) or (e)(3) increases by three percent each calendar year.
(e-2) A district governed by a special law in regard to an export fee or surcharge on water exported from the district may charge an export fee or surcharge in accordance with that special law or in accordance with Subsections (e) and (e-1).
(e-3) An export fee or surcharge imposed under Subsection (e) or an increase in an imposed export fee or surcharge is not valid unless it is approved by the board after a public hearing.
(p) Subsections [Subsection] (e), (e-1), and (e-2) do [does] not apply to a district that is collecting an export fee or surcharge on March 1, 2001.
SECTION 2. Section 36.207, Water Code, is amended to read as follows:
Sec. 36.207. USE OF FEES. (a) A district may use funds obtained from administrative, production, or export fees collected under a special law governing the district or this chapter for any purpose consistent with the district's approved management plan, including, without limitation, making grants, loans, or contractual payments to achieve, facilitate, or expedite reductions in groundwater pumping or the development or distribution of alternative water supplies or to maintain the operability of wells significantly affected by groundwater development to allow for the highest practicable level of groundwater production while achieving the desired future conditions established under Section 36.108.
(b) A district may use funds obtained from the amount that an export fee is increased under Section 36.122(e-1) on or after January 1, 2024, only for costs related to assessing and addressing impacts associated with groundwater development, including:
(1) maintaining operability of wells significantly affected by groundwater development;
(2) developing or distributing alternative water supplies; and
(3) conducting aquifer monitoring, data collection, and aquifer science.
SECTION 3. This Act takes effect September 1, 2023.
Representative T. King moved to adopt the conference committee report on HB 3059.
The motion to adopt the conference committee report on HB 3059 prevailed by (Record 2202): 119 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Cunningham; Darby; Davis; DeAyala; Dutton; Flores; Frank; Frazier; Gámez; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hefner; Hernandez; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Leach; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smithee; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Burns; Cain; Craddick; Dean; Dorazio; Gates; Harris, C.J.; Harrison; Hull; Isaac; Landgraf; Leo-Wilson; Murr; Oliverson; Schaefer; Schatzline; Slawson; Smith; Spiller; Swanson; Tinderholt; Toth; Troxclair; Vasut; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
STATEMENTS OF VOTE
When Record No. 2202 was taken, I was shown voting yes. I intended to vote no.
DeAyala
When Record No. 2202 was taken, I was shown voting yes. I intended to vote no.
Hayes
HR 2431 - ADOPTED
(by Capriglione)
The following privileged resolution was laid before the house:
HR 2431
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 4 (the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in proposed SECTION 2 of the bill, by omitting added Section 541.001(18)(E), Business & Commerce Code. The omitted text reads:
(E) a subsidiary or affiliate of an entity regulated under Subtitle B, Title 2, Utilities Code
Explanation: The change is necessary to omit certain entities regulated under the Utilities Code from the definition of a nonprofit organization.
(2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill in proposed SECTION 2 of the bill, by adding Section 541.055(f), Business & Commerce Code, to read as follows:
(f) A technology described by Subsection (e):
(1) may not unfairly disadvantage another controller;
(2) may not make use of a default setting, but must require the consumer to make an affirmative, freely given, and unambiguous choice to indicate the consumer's intent to opt out of any processing of a consumer's personal data; and
(3) must be consumer-friendly and easy to use by the average consumer.
Explanation: The change is necessary to ensure the bill's requirements are in line with existing technology and the laws and standards of other state data privacy laws.
(3) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 5 of the bill, in the transition language for added Section 541.152, Business & Commerce Code, to read as follows:
SECTION 5. Not later than July 1, 2024, the attorney general shall post the information and online mechanism required by Section 541.152, Business & Commerce Code, as added by this Act.
Explanation: The change is necessary to allow affected parties more time to comply with the requirements of the legislation.
(4) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 7(a) of the bill, providing the effective date, to read as follows:
(a) Except as provided by Subsection (b) of this section, this Act takes effect July 1, 2024.
Explanation: The change is necessary to allow affected parties more time to comply with the requirements of the legislation.
HR 2431 was adopted by (Record 2203): 143 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; 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; Lalani; 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; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Muñoz.
HB 4 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Capriglione submitted the following conference committee report on HB 4:
Austin, Texas, May 25, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 4 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 4, A bill to be entitled An Act relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Data Privacy and Security Act.
SECTION 2. Title 11, Business & Commerce Code, is amended by adding Subtitle C to read as follows:
SUBTITLE C. CONSUMER DATA PROTECTION
CHAPTER 541. CONSUMER DATA PROTECTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 541.001. DEFINITIONS. In this chapter, unless a different meaning is required by the context:
(1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For purposes of this subdivision, "control" or "controlled" means:
(A) the ownership of, or power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company;
(B) the control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or
(C) the power to exercise controlling influence over the management of a company.
(2) "Authenticate" means to verify through reasonable means that the consumer who is entitled to exercise the consumer's rights under Subchapter B is the same consumer exercising those consumer rights with respect to the personal data at issue.
(3) "Biometric data" means data generated by automatic measurements of an individual's biological characteristics. The term includes a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic that is used to identify a specific individual. The term does not include a physical or digital photograph or data generated from a physical or digital photograph, a video or audio recording or data generated from a video or audio recording, or information collected, used, or stored for health care treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
(4) "Business associate" has the meaning assigned to the term by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
(5) "Child" means an individual younger than 13 years of age.
(6) "Consent," when referring to a consumer, means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. The term includes a written statement, including a statement written by electronic means, or any other unambiguous affirmative action. The term does not include:
(A) acceptance of a general or broad terms of use or similar document that contains descriptions of personal data processing along with other, unrelated information;
(B) hovering over, muting, pausing, or closing a given piece of content; or
(C) agreement obtained through the use of dark patterns.
(7) "Consumer" means an individual who is a resident of this state acting only in an individual or household context. The term does not include an individual acting in a commercial or employment context.
(8) "Controller" means an individual or other person that, alone or jointly with others, determines the purpose and means of processing personal data.
(9) "Covered entity" has the meaning assigned to the term by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
(10) "Dark pattern" means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision-making, or choice, and includes any practice the Federal Trade Commission refers to as a dark pattern.
(11) "Decision that produces a legal or similarly significant effect concerning a consumer" means a decision made by the controller that results in the provision or denial by the controller of:
(A) financial and lending services;
(B) housing, insurance, or health care services;
(C) education enrollment;
(D) employment opportunities;
(E) criminal justice; or
(F) access to basic necessities, such as food and water.
(12) "Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual, or a device linked to that individual.
(13) "Health care provider" has the meaning assigned to the term by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
(14) "Health record" means any written, printed, or electronically recorded material maintained by a health care provider in the course of providing health care services to an individual that concerns the individual and the services provided. The term includes:
(A) the substance of any communication made by an individual to a health care provider in confidence during or in connection with the provision of health care services; or
(B) information otherwise acquired by the health care provider about an individual in confidence and in connection with health care services provided to the individual.
(15) "Identified or identifiable individual" means a consumer who can be readily identified, directly or indirectly.
(16) "Institution of higher education" means:
(A) an institution of higher education as defined by Section 61.003, Education Code; or
(B) a private or independent institution of higher education as defined by Section 61.003, Education Code.
(17) "Known child" means a child under circumstances where a controller has actual knowledge of, or wilfully disregards, the child's age.
(18) "Nonprofit organization" means:
(A) a corporation organized under Chapters 20 and 22, Business Organizations Code, and the provisions of Title 1, Business Organizations Code, to the extent applicable to nonprofit corporations;
(B) an organization exempt from federal taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(3), 501(c)(6), 501(c)(12), or 501(c)(19) of that code;
(C) a political organization; or
(D) an organization that:
(i) is exempt from federal taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(4) of that code; and
(ii) is described by Section 701.052(a), Insurance Code.
(19) "Personal data" means any information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous data when the data is used by a controller or processor in conjunction with additional information that reasonably links the data to an identified or identifiable individual. The term does not include deidentified data or publicly available information.
(20) "Political organization" means a party, committee, association, fund, or other organization, regardless of whether incorporated, that is organized and operated primarily for the purpose of influencing or attempting to influence:
(A) the selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, regardless of whether the individual is selected, nominated, elected, or appointed; or
(B) the election of a presidential/vice-presidential elector, regardless of whether the elector is selected, nominated, elected, or appointed.
(21) "Precise geolocation data" means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. The term does not include the content of communications or any data generated by or connected to an advanced utility metering infrastructure system or to equipment for use by a utility.
(22) "Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.
(23) "Processor" means a person that processes personal data on behalf of a controller.
(24) "Profiling" means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
(25) "Protected health information" has the meaning assigned to the term by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
(26) "Pseudonymous data" means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual.
(27) "Publicly available information" means information that is lawfully made available through government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.
(28) "Sale of personal data" means the sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party. The term does not include:
(A) the disclosure of personal data to a processor that processes the personal data on the controller's behalf;
(B) the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer;
(C) the disclosure or transfer of personal data to an affiliate of the controller;
(D) the disclosure of information that the consumer:
(i) intentionally made available to the general public through a mass media channel; and
(ii) did not restrict to a specific audience; or
(E) the disclosure or transfer of personal data to a third party as an asset that is part of a merger or acquisition.
(29) "Sensitive data" means a category of personal data. The term includes:
(A) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, or citizenship or immigration status;
(B) genetic or biometric data that is processed for the purpose of uniquely identifying an individual;
(C) personal data collected from a known child; or
(D) precise geolocation data.
(30) "State agency" means a department, commission, board, office, council, authority, or other agency in any branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.
(31) "Targeted advertising" means displaying to a consumer an advertisement that is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. The term does not include:
(A) an advertisement that:
(i) is based on activities within a controller's own websites or online applications;
(ii) is based on the context of a consumer's current search query, visit to a website, or online application; or
(iii) is directed to a consumer in response to the consumer's request for information or feedback; or
(B) the processing of personal data solely for measuring or reporting advertising performance, reach, or frequency.
(32) "Third party" means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor.
(33) "Trade secret" means all forms and types of information, including business, scientific, technical, economic, or engineering information, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if:
(A) the owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret; and
(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.
Sec. 541.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a person that:
(1) conducts business in this state or produces a product or service consumed by residents of this state;
(2) processes or engages in the sale of personal data; and
(3) is not a small business as defined by the United States Small Business Administration, except to the extent that Section 541.107 applies to a person described by this subdivision.
(b) This chapter does not apply to:
(1) a state agency or a political subdivision of this state;
(2) a financial institution or data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.);
(3) a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, 45 C.F.R. Parts 160 and 164, established under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII, and Division B, Title IV, Pub. L. No. 111-5);
(4) a nonprofit organization;
(5) an institution of higher education; or
(6) an electric utility, a power generation company, or a retail electric provider, as those terms are defined by Section 31.002, Utilities Code.
Sec. 541.003. CERTAIN INFORMATION EXEMPT FROM CHAPTER. The following information is exempt from this chapter:
(1) protected health information under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
(2) health records;
(3) patient identifying information for purposes of 42 U.S.C. Section 290dd-2;
(4) identifiable private information:
(A) for purposes of the federal policy for the protection of human subjects under 45 C.F.R. Part 46;
(B) collected as part of human subjects research under the good clinical practice guidelines issued by The International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH) or of the protection of human subjects under 21 C.F.R. Parts 50 and 56; or
(C) that is personal data used or shared in research conducted in accordance with the requirements set forth in this chapter or other research conducted in accordance with applicable law;
(5) information and documents created for purposes of the Health Care Quality Improvement Act of 1986 (42 U.S.C. Section 11101 et seq.);
(6) patient safety work product for purposes of the Patient Safety and Quality Improvement Act of 2005 (42 U.S.C. Section 299b-21 et seq.);
(7) information derived from any of the health care-related information listed in this section that is deidentified in accordance with the requirements for deidentification under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
(8) information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this section that is maintained by a covered entity or business associate as defined by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) or by a program or a qualified service organization as defined by 42 U.S.C. Section 290dd-2;
(9) information that is included in a limited data set as described by 45 C.F.R. Section 164.514(e), to the extent that the information is used, disclosed, and maintained in the manner specified by 45 C.F.R. Section 164.514(e);
(10) information collected or used only for public health activities and purposes as authorized by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
(11) the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.);
(12) personal data collected, processed, sold, or disclosed in compliance with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Section 2721 et seq.);
(13) personal data regulated by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(14) personal data collected, processed, sold, or disclosed in compliance with the Farm Credit Act of 1971 (12 U.S.C. Section 2001 et seq.);
(15) data processed or maintained in the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role;
(16) data processed or maintained as the emergency contact information of an individual under this chapter that is used for emergency contact purposes; or
(17) data that is processed or maintained and is necessary to retain to administer benefits for another individual that relates to an individual described by Subdivision (15) and used for the purposes of administering those benefits.
Sec. 541.004. INAPPLICABILITY OF CHAPTER. This chapter does not apply to the processing of personal data by a person in the course of a purely personal or household activity.
Sec. 541.005. EFFECT OF COMPLIANCE WITH PARENTAL CONSENT REQUIREMENTS UNDER CERTAIN FEDERAL LAW. A controller or processor that complies with the verifiable parental consent requirements of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.) with respect to data collected online is considered to be in compliance with any requirement to obtain parental consent under this chapter.
SUBCHAPTER B. CONSUMER'S RIGHTS
Sec. 541.051. CONSUMER'S PERSONAL DATA RIGHTS; REQUEST TO EXERCISE RIGHTS. (a) A consumer is entitled to exercise the consumer rights authorized by this section at any time by submitting a request to a controller specifying the consumer rights the consumer wishes to exercise. With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on behalf of the child.
(b) A controller shall comply with an authenticated consumer request to exercise the right to:
(1) confirm whether a controller is processing the consumer's personal data and to access the personal data;
(2) correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data;
(3) delete personal data provided by or obtained about the consumer;
(4) if the data is available in a digital format, obtain a copy of the consumer's personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance; or
(5) opt out of the processing of the personal data for purposes of:
(A) targeted advertising;
(B) the sale of personal data; or
(C) profiling in furtherance of a decision that produces a legal or similarly significant effect concerning the consumer.
Sec. 541.052. CONTROLLER RESPONSE TO CONSUMER REQUEST. (a) Except as otherwise provided by this chapter, a controller shall comply with a request submitted by a consumer to exercise the consumer's rights pursuant to Section 541.051 as provided by this section.
(b) A controller shall respond to the consumer request without undue delay, which may not be later than the 45th day after the date of receipt of the request. The controller may extend the response period once by an additional 45 days when reasonably necessary, taking into account the complexity and number of the consumer's requests, so long as the controller informs the consumer of the extension within the initial 45-day response period, together with the reason for the extension.
(c) If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, which may not be later than the 45th day after the date of receipt of the request, of the justification for declining to take action and provide instructions on how to appeal the decision in accordance with Section 541.053.
(d) A controller shall provide information in response to a consumer request free of charge, at least twice annually per consumer. If a request from a consumer is manifestly unfounded, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or may decline to act on the request. The controller bears the burden of demonstrating for purposes of this subsection that a request is manifestly unfounded, excessive, or repetitive.
(e) If a controller is unable to authenticate the request using commercially reasonable efforts, the controller is not required to comply with a consumer request submitted under Section 541.051 and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer's request.
(f) A controller that has obtained personal data about a consumer from a source other than the consumer is considered in compliance with a consumer's request to delete that personal data pursuant to Section 541.051(b)(3) by:
(1) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the business's records and not using the retained data for any other purpose under this chapter; or
(2) opting the consumer out of the processing of that personal data for any purpose other than a purpose that is exempt under the provisions of this chapter.
Sec. 541.053. APPEAL. (a) A controller shall establish a process for a consumer to appeal the controller's refusal to take action on a request within a reasonable period of time after the consumer's receipt of the decision under Section 541.052(c).
(b) The appeal process must be conspicuously available and similar to the process for initiating action to exercise consumer rights by submitting a request under Section 541.051.
(c) A controller shall inform the consumer in writing of any action taken or not taken in response to an appeal under this section not later than the 60th day after the date of receipt of the appeal, including a written explanation of the reason or reasons for the decision.
(d) If the controller denies an appeal, the controller shall provide the consumer with the online mechanism described by Section 541.152 through which the consumer may contact the attorney general to submit a complaint.
Sec. 541.054. WAIVER OR LIMITATION OF CONSUMER RIGHTS PROHIBITED. Any provision of a contract or agreement that waives or limits in any way a consumer right described by Sections 541.051, 541.052, and 541.053 is contrary to public policy and is void and unenforceable.
Sec. 541.055. METHODS FOR SUBMITTING CONSUMER REQUESTS. (a) A controller shall establish two or more secure and reliable methods to enable consumers to submit a request to exercise their consumer rights under this chapter. The methods must take into account:
(1) the ways in which consumers normally interact with the controller;
(2) the necessity for secure and reliable communications of those requests; and
(3) the ability of the controller to authenticate the identity of the consumer making the request.
(b) A controller may not require a consumer to create a new account to exercise the consumer's rights under this subchapter but may require a consumer to use an existing account.
(c) Except as provided by Subsection (d), if the controller maintains an Internet website, the controller must provide a mechanism on the website for consumers to submit requests for information required to be disclosed under this chapter.
(d) A controller that operates exclusively online and has a direct relationship with a consumer from whom the controller collects personal information is only required to provide an e-mail address for the submission of requests described by Subsection (c).
(e) A consumer may designate another person to serve as the consumer's authorized agent and act on the consumer's behalf to opt out of the processing of the consumer's personal data under Sections 541.051(b)(5)(A) and (B). A consumer may designate an authorized agent using a technology, including a link to an Internet website, an Internet browser setting or extension, or a global setting on an electronic device, that allows the consumer to indicate the consumer's intent to opt out of the processing. A controller shall comply with an opt-out request received from an authorized agent under this subsection if the controller is able to verify, with commercially reasonable effort, the identity of the consumer and the authorized agent's authority to act on the consumer's behalf. A controller is not required to comply with an opt-out request received from an authorized agent under this subsection if:
(1) the authorized agent does not communicate the request to the controller in a clear and unambiguous manner;
(2) the controller is not able to verify, with commercially reasonable effort, that the consumer is a resident of this state;
(3) the controller does not possess the ability to process the request; or
(4) the controller does not process similar or identical requests the controller receives from consumers for the purpose of complying with similar or identical laws or regulations of another state.
(f) A technology described by Subsection (e):
(1) may not unfairly disadvantage another controller;
(2) may not make use of a default setting, but must require the consumer to make an affirmative, freely given, and unambiguous choice to indicate the consumer's intent to opt out of any processing of a consumer's personal data; and
(3) must be consumer-friendly and easy to use by the average consumer.
SUBCHAPTER C. CONTROLLER AND PROCESSOR DATA-RELATED DUTIES AND PROHIBITIONS
Sec. 541.101. CONTROLLER DUTIES; TRANSPARENCY. (a) A controller:
(1) shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which that personal data is processed, as disclosed to the consumer; and
(2) for purposes of protecting the confidentiality, integrity, and accessibility of personal data, shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices that are appropriate to the volume and nature of the personal data at issue.
(b) A controller may not:
(1) except as otherwise provided by this chapter, process personal data for a purpose that is neither reasonably necessary to nor compatible with the disclosed purpose for which the personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent;
(2) process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers;
(3) discriminate against a consumer for exercising any of the consumer rights contained in this chapter, including by denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services to the consumer; or
(4) process the sensitive data of a consumer without obtaining the consumer's consent, or, in the case of processing the sensitive data of a known child, without processing that data in accordance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.).
(c) Subsection (b)(3) may not be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the consumer's right to opt out under Section 541.051 or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
Sec. 541.102. PRIVACY NOTICE. (a) A controller shall provide consumers with a reasonably accessible and clear privacy notice that includes:
(1) the categories of personal data processed by the controller, including, if applicable, any sensitive data processed by the controller;
(2) the purpose for processing personal data;
(3) how consumers may exercise their consumer rights under Subchapter B, including the process by which a consumer may appeal a controller's decision with regard to the consumer's request;
(4) if applicable, the categories of personal data that the controller shares with third parties;
(5) if applicable, the categories of third parties with whom the controller shares personal data; and
(6) a description of the methods required under Section 541.055 through which consumers can submit requests to exercise their consumer rights under this chapter.
(b) If a controller engages in the sale of personal data that is sensitive data, the controller shall include the following notice:
"NOTICE: We may sell your sensitive personal data." The notice must be posted in the same location and in the same manner as the privacy notice described by Subsection (a).
(c) If a controller engages in the sale of personal data that is biometric data, the controller shall include the following notice:
"NOTICE: We may sell your biometric personal data." The notice must be posted in the same location and in the same manner as the privacy notice described by Subsection (a).
Sec. 541.103. SALE OF DATA TO THIRD PARTIES AND PROCESSING DATA FOR TARGETED ADVERTISING; DISCLOSURE. If a controller sells personal data to third parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose that process and the manner in which a consumer may exercise the right to opt out of that process.
Sec. 541.104. DUTIES OF PROCESSOR. (a) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting or complying with the controller's duties or requirements under this chapter, including:
(1) assisting the controller in responding to consumer rights requests submitted under Section 541.051 by using appropriate technical and organizational measures, as reasonably practicable, taking into account the nature of processing and the information available to the processor;
(2) assisting the controller with regard to complying with the requirement relating to the security of processing personal data and to the notification of a breach of security of the processor's system under Chapter 521, taking into account the nature of processing and the information available to the processor; and
(3) providing necessary information to enable the controller to conduct and document data protection assessments under Section 541.105.
(b) A contract between a controller and a processor shall govern the processor's data processing procedures with respect to processing performed on behalf of the controller. The contract must include:
(1) clear instructions for processing data;
(2) the nature and purpose of processing;
(3) the type of data subject to processing;
(4) the duration of processing;
(5) the rights and obligations of both parties; and
(6) a requirement that the processor shall:
(A) ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data;
(B) at the controller's direction, delete or return all personal data to the controller as requested after the provision of the service is completed, unless retention of the personal data is required by law;
(C) make available to the controller, on reasonable request, all information in the processor's possession necessary to demonstrate the processor's compliance with the requirements of this chapter;
(D) allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor; and
(E) engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the requirements of the processor with respect to the personal data.
(c) Notwithstanding the requirement described by Subsection (b)(6)(D), a processor, in the alternative, may arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organizational measures in support of the requirements under this chapter using an appropriate and accepted control standard or framework and assessment procedure. The processor shall provide a report of the assessment to the controller on request.
(d) This section may not be construed to relieve a controller or a processor from the liabilities imposed on the controller or processor by virtue of its role in the processing relationship as described by this chapter.
(e) A determination of whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends on the context in which personal data is to be processed. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains in the role of a processor.
Sec. 541.105. DATA PROTECTION ASSESSMENTS. (a) A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal data:
(1) the processing of personal data for purposes of targeted advertising;
(2) the sale of personal data;
(3) the processing of personal data for purposes of profiling, if the profiling presents a reasonably foreseeable risk of:
(A) unfair or deceptive treatment of or unlawful disparate impact on consumers;
(B) financial, physical, or reputational injury to consumers;
(C) a physical or other intrusion on the solitude or seclusion, or the private affairs or concerns, of consumers, if the intrusion would be offensive to a reasonable person; or
(D) other substantial injury to consumers;
(4) the processing of sensitive data; and
(5) any processing activities involving personal data that present a heightened risk of harm to consumers.
(b) A data protection assessment conducted under Subsection (a) must:
(1) identify and weigh the direct or indirect benefits that may flow from the processing to the controller, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, as mitigated by safeguards that can be employed by the controller to reduce the risks; and
(2) factor into the assessment:
(A) the use of deidentified data;
(B) the reasonable expectations of consumers;
(C) the context of the processing; and
(D) the relationship between the controller and the consumer whose personal data will be processed.
(c) A controller shall make a data protection assessment requested under Section 541.153(b) available to the attorney general pursuant to a civil investigative demand under Section 541.153.
(d) A data protection assessment is confidential and exempt from public inspection and copying under Chapter 552, Government Code. Disclosure of a data protection assessment in compliance with a request from the attorney general does not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.
(e) A single data protection assessment may address a comparable set of processing operations that include similar activities.
(f) A data protection assessment conducted by a controller for the purpose of compliance with other laws or regulations may constitute compliance with the requirements of this section if the assessment has a reasonably comparable scope and effect.
Sec. 541.106. DEIDENTIFIED OR PSEUDONYMOUS DATA. (a) A controller in possession of deidentified data shall:
(1) take reasonable measures to ensure that the data cannot be associated with an individual;
(2) publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and
(3) contractually obligate any recipient of the deidentified data to comply with the provisions of this chapter.
(b) This chapter may not be construed to require a controller or processor to:
(1) reidentify deidentified data or pseudonymous data;
(2) maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data; or
(3) comply with an authenticated consumer rights request under Section 541.051, if the controller:
(A) is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
(B) does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
(C) does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted by this section.
(c) The consumer rights under Sections 541.051(b)(1)-(4) and controller duties under Section 541.101 do not apply to pseudonymous data in cases in which the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.
(d) A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breach of the contractual commitments.
Sec. 541.107. REQUIREMENTS FOR SMALL BUSINESSES. (a) A person described by Section 541.002(a)(3) may not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer.
(b) A person who violates this section is subject to the penalty under Section 541.155.
SUBCHAPTER D. ENFORCEMENT
Sec. 541.151. ENFORCEMENT AUTHORITY EXCLUSIVE. The attorney general has exclusive authority to enforce this chapter.
Sec. 541.152. INTERNET WEBSITE AND COMPLAINT MECHANISM. The attorney general shall post on the attorney general's Internet website:
(1) information relating to:
(A) the responsibilities of a controller under Subchapters B and C;
(B) the responsibilities of a processor under Subchapter C; and
(C) a consumer's rights under Subchapter B; and
(2) an online mechanism through which a consumer may submit a complaint under this chapter to the attorney general.
Sec. 541.153. INVESTIGATIVE AUTHORITY. (a) If the attorney general has reasonable cause to believe that a person has engaged in or is engaging in a violation of this chapter, the attorney general may issue a civil investigative demand. The procedures established for the issuance of a civil investigative demand under Section 15.10 apply to the same extent and manner to the issuance of a civil investigative demand under this section.
(b) The attorney general may request, pursuant to a civil investigative demand issued under Subsection (a), that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general. The attorney general may evaluate the data protection assessment for compliance with the requirements set forth in Sections 541.101, 541.102, and 541.103.
Sec. 541.154. NOTICE OF VIOLATION OF CHAPTER; OPPORTUNITY TO CURE. Before bringing an action under Section 541.155, the attorney general shall notify a person in writing, not later than the 30th day before bringing the action, identifying the specific provisions of this chapter the attorney general alleges have been or are being violated. The attorney general may not bring an action against the person if:
(1) within the 30-day period, the person cures the identified violation; and
(2) the person provides the attorney general a written statement that the person:
(A) cured the alleged violation;
(B) notified the consumer that the consumer's privacy violation was addressed, if the consumer's contact information has been made available to the person;
(C) provided supportive documentation to show how the privacy violation was cured; and
(D) made changes to internal policies, if necessary, to ensure that no such further violations will occur.
Sec. 541.155. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter following the cure period described by Section 541.154 or who breaches a written statement provided to the attorney general under that section is liable for a civil penalty in an amount not to exceed $7,500 for each violation.
(b) The attorney general may bring an action in the name of this state to:
(1) recover a civil penalty under this section;
(2) restrain or enjoin the person from violating this chapter; or
(3) recover the civil penalty and seek injunctive relief.
(c) The attorney general may recover reasonable attorney's fees and other reasonable expenses incurred in investigating and bringing an action under this section.
(d) The attorney general shall deposit a civil penalty collected under this section in accordance with Section 402.007, Government Code.
Sec. 541.156. NO PRIVATE RIGHT OF ACTION. This chapter may not be construed as providing a basis for, or being subject to, a private right of action for a violation of this chapter or any other law.
SUBCHAPTER E. CONSTRUCTION OF CHAPTER; EXEMPTIONS FOR CERTAIN USES OF CONSUMER PERSONAL DATA
Sec. 541.201. CONSTRUCTION OF CHAPTER. (a) This chapter may not be construed to restrict a controller's or processor's ability to:
(1) comply with federal, state, or local laws, rules, or regulations;
(2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other governmental authorities;
(3) investigate, establish, exercise, prepare for, or defend legal claims;
(4) provide a product or service specifically requested by a consumer or the parent or guardian of a child, perform a contract to which the consumer is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer before entering into a contract;
(5) take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual and in which the processing cannot be manifestly based on another legal basis;
(6) prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity;
(7) preserve the integrity or security of systems or investigate, report, or prosecute those responsible for breaches of system security;
(8) engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board or similar independent oversight entity that determines:
(A) if the deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller;
(B) whether the expected benefits of the research outweigh the privacy risks; and
(C) if the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification; or
(9) assist another controller, processor, or third party with any of the requirements under this subsection.
(b) This chapter may not be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under the laws of this state as part of a privileged communication.
(c) This chapter may not be construed as imposing a requirement on controllers and processors that adversely affects the rights or freedoms of any person, including the right of free speech.
(d) This chapter may not be construed as requiring a controller, processor, third party, or consumer to disclose a trade secret.
Sec. 541.202. COLLECTION, USE, OR RETENTION OF DATA FOR CERTAIN PURPOSES. (a) The requirements imposed on controllers and processors under this chapter may not restrict a controller's or processor's ability to collect, use, or retain data to:
(1) conduct internal research to develop, improve, or repair products, services, or technology;
(2) effect a product recall;
(3) identify and repair technical errors that impair existing or intended functionality; or
(4) perform internal operations that:
(A) are reasonably aligned with the expectations of the consumer;
(B) are reasonably anticipated based on the consumer's existing relationship with the controller; or
(C) are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party.
(b) A requirement imposed on a controller or processor under this chapter does not apply if compliance with the requirement by the controller or processor, as applicable, would violate an evidentiary privilege under the laws of this state.
Sec. 541.203. DISCLOSURE OF PERSONAL DATA TO THIRD-PARTY CONTROLLER OR PROCESSOR. (a) A controller or processor that discloses personal data to a third-party controller or processor, in compliance with the requirements of this chapter, does not violate this chapter if the third-party controller or processor that receives and processes that personal data is in violation of this chapter, provided that, at the time of the data's disclosure, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation.
(b) A third-party controller or processor receiving personal data from a controller or processor in compliance with the requirements of this chapter does not violate this chapter for the transgressions of the controller or processor from which the third-party controller or processor receives the personal data.
Sec. 541.204. PROCESSING OF CERTAIN PERSONAL DATA BY CONTROLLER OR OTHER PERSON. (a) Personal data processed by a controller under this subchapter may not be processed for any purpose other than a purpose listed in this subchapter unless otherwise allowed by this chapter. Personal data processed by a controller under this subchapter may be processed to the extent that the processing of the data is:
(1) reasonably necessary and proportionate to the purposes listed in this subchapter; and
(2) adequate, relevant, and limited to what is necessary in relation to the specific purposes listed in this subchapter.
(b) Personal data collected, used, or retained under Section 541.202(a) must, where applicable, take into account the nature and purpose of such collection, use, or retention. The personal data described by this subsection is subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data and to reduce reasonably foreseeable risks of harm to consumers relating to the collection, use, or retention of personal data.
(c) A controller that processes personal data under an exemption in this subchapter bears the burden of demonstrating that the processing of the personal data qualifies for the exemption and complies with the requirements of Subsections (a) and (b).
(d) The processing of personal data by an entity for the purposes described by Section 541.201 does not solely make the entity a controller with respect to the processing of the data.
Sec. 541.205. LOCAL PREEMPTION. This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a political subdivision regarding the processing of personal data by a controller or processor.
SECTION 3. (a) The Department of Information Resources, under the management of the chief privacy officer, shall review the implementation of the requirements of Chapter 541, Business & Commerce Code, as added by this Act.
(b) Not later than September 1, 2024, the Department of Information Resources shall create an online portal available on the department's Internet website for members of the public to provide feedback and recommend changes to Chapter 541, Business & Commerce Code, as added by this Act. The online portal must remain open for receiving feedback from the public for at least 90 days.
(c) Not later than January 1, 2025, the Department of Information Resources shall make available to the public a report detailing the status of the implementation of the requirements of Chapter 541, Business & Commerce Code, as added by this Act, and any recommendations to the legislature regarding changes to that law.
(d) This section expires September 1, 2025.
SECTION 4. Data protection assessments required to be conducted under Section 541.105, Business & Commerce Code, as added by this Act, apply only to processing activities generated after the effective date of this Act and are not retroactive.
SECTION 5. Not later than July 1, 2024, the attorney general shall post the information and online mechanism required by Section 541.152, Business & Commerce Code, as added by this Act.
SECTION 6. The provisions of this Act are hereby declared severable, and if any provision of this Act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Act.
SECTION 7. (a) Except as provided by Subsection (b) of this section, this Act takes effect July 1, 2024.
(b) Section 541.055(e), Business & Commerce Code, as added by this Act, takes effect January 1, 2025.
Representative Capriglione moved to adopt the conference committee report on HB 4.
The motion to adopt the conference committee report on HB 4 prevailed by (Record 2204): 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; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson(C); Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu.
Present, not voting — Mr. Speaker.
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Zwiener.
STATEMENT OF VOTE
When Record No. 2204 was taken, I was in the house but away from my desk. I would have voted yes.
Zwiener
HB 2026 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Darby submitted the following conference committee report on HB 2026:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2026 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 2026, A bill to be entitled An Act relating to the Rural Veterinarian Incentive Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 56.101(7), Education Code, is amended to read as follows:
(7) "Rural county" means a county in this state with a population of less than 150,000 [100,000].
SECTION 2. Section 56.105(b), Education Code, is amended to read as follows:
(b) To participate as a sponsor in the program, the community or political subdivision must enter into an agreement with the eligible participant to provide financial support to the eligible participant in an amount not less than the tuition and fees required for a full academic year for a student enrolled in a [the] college in exchange for the eligible participant's agreement to practice veterinary medicine in the sponsoring community or political subdivision.
SECTION 3. Sections 56.106(a) and (b), Education Code, are amended to read as follows:
(a) To participate in the program, an eligible participant must enter into an agreement with the Texas Higher Education Coordinating Board [university system] that:
(1) requires the participant to practice veterinary medicine in a rural county for one calendar year for each academic year for which the participant receives financial support under the program;
(2) specifies the conditions the participant must satisfy to receive financial support under the program;
(3) provides that any financial support the participant receives under the program constitutes a loan until the participant satisfies the conditions of the agreement; and
(4) requires the participant to sign a promissory note acknowledging the conditional nature of the financial support received under the program and promising to repay the amount of the financial support, any applicable interest, and reasonable collection costs if the participant does not satisfy the conditions of the agreement.
(b) The financial support received by an eligible participant under this subchapter must be used to retire student loan debt or to pay tuition and fees to a college [the university system] while the eligible participant is enrolled in the college.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.
Representative Darby moved to adopt the conference committee report on HB 2026.
The motion to adopt the conference committee report on HB 2026 prevailed by (Record 2205): 118 Yeas, 26 Nays, 2 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; Clardy; Cole; Collier; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hernandez; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Bumgarner; Cain; Capriglione; Cook; DeAyala; Gerdes; Harris, C.J.; Harrison; Hayes; Hefner; Hull; Isaac; Leo-Wilson; Metcalf; Noble; Schaefer; Schatzline; Schofield; Slawson; Spiller; Swanson; Tepper; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
SB 29 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Lozano submitted the conference committee report on SB 29.
SB 29 - REMARKS
REPRESENTATIVE COLLIER: Chair Lozano, I just want to make sure I have an understanding of what you're doing with this. In the conference committee report, you removed—was it an exemption for public hospitals and assisted living facilities?
REPRESENTATIVE LOZANO: Yes, ma'am.
COLLIER: Okay. And what was the justification for that?
LOZANO: It's just that the senate wouldn't agree to the language, and we wanted to get something passed rather than nothing.
COLLIER: Why were the hospitals and assisted living facilities included in the first place?
LOZANO: The assisted living facilities were added in the house as an amendment.
COLLIER: I know. Do you know why?
LOZANO: Because it's a compromised population.
COLLIER: It's about the population?
LOZANO: It's a compromised population.
COLLIER: Compromised population.
LOZANO: Yes, ma'am.
COLLIER: Okay. And so because of the compromised population, they wanted to make sure that they were able to have vaccines to slow the spread of any type of COVID-19, correct?
LOZANO: Yes.
COLLIER: And now this bill, the way it's presented, has removed those protections because you can't mandate it.
LOZANO: The bill as presented initially didn't have it. Assisted living facilities were added in the house. The conference committee, the senate side, did not want to concur with those amendments so they were removed.
COLLIER: So neither public hospitals nor assisted living facilities will have the protections because they were removed in the conference? They won't be able to have a COVID-19—
LOZANO: If I remember correctly, those were two separate amendments, and both of those amendments were not concurred by the senate, so they were—
COLLIER: And they've been removed?
LOZANO: Yes, ma'am.
REMARKS ORDERED PRINTED
Representative Collier moved to print remarks between Representative Lozano and Representative Collier on SB 29.
The motion prevailed.
Representative Lozano moved to adopt the conference committee report on SB 29.
The motion to adopt the conference committee report on SB 29 prevailed by (Record 2206): 90 Yeas, 53 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Frazier; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; 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; Morrison; Muñoz; Murr; Noble; Oliverson; Orr; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Sherman.
STATEMENTS OF VOTE
When Record No. 2206 was taken, I was shown voting yes. I intended to vote no.
Bowers
When Record No. 2206 was taken, I was shown voting yes. I intended to vote no.
Thierry
HB 4227 - HOUSE DISCHARGES CONFEREES
HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Goldman called up with senate amendments for consideration at this time,
HB 4227, A bill to be entitled An Act relating to the repeal of a municipal civil service system for firefighters and police officers in certain municipalities.
Representative Goldman moved to discharge the conferees and concur in the senate amendments to HB 4227.
The motion to discharge the conferees and concur in the senate amendments to HB 4227 prevailed by (Record 2207): 99 Yeas, 44 Nays, 3 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Flores; Frank; Frazier; Gates; Gerdes; Geren; Goldman; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Longoria; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Moody; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Paul; Price; Raney; Raymond; Rogers; Rose; Rosenthal; Schaefer; Schatzline; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Walle; Wilson; Zwiener.
Nays — Allen; Anchía; Bernal; Bowers; Bryant; Bucy; Cole; Collier; Cortez; Davis; Dutton; Gámez; Gervin-Hawkins; González, J.; Goodwin; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Leo-Wilson; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Morales, E.; Morales Shaw; Neave Criado; Ortega; Perez; Plesa; Ramos; Reynolds; Romero; Sherman; Talarico; Thompson, S.; Turner; Vo; Wu.
Present, not voting — Mr. Speaker; Patterson(C); Schofield.
Absent, Excused — Garcia; Herrero; Shaheen.
STATEMENTS OF VOTE
When Record No. 2207 was taken, I was shown voting yes. I intended to vote no.
Bhojani
When Record No. 2207 was taken, I was shown voting no. I intended to vote yes.
Gámez
When Record No. 2207 was taken, I was shown voting yes. I intended to vote no.
Ordaz
When Record No. 2207 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
When Record No. 2207 was taken, I was shown voting yes. I intended to vote no.
Thierry
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 4227 (senate committee report) in SECTION 1 of the bill, in amended Section 143.004(e), Local Government Code (page 1, line 25), by striking "900,000" and substituting "950,000".
HB 2559 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Vasut submitted the following conference committee report on HB 2559:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2559 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 2559, A bill to be entitled An Act relating to the persons authorized to administer an oath in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 comptroller of public accounts or a former comptroller of public accounts;
(17) the secretary or clerk of a municipality in a matter pertaining to the official business of the municipality;
(18) [(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
(19) [(18)] a county treasurer.
SECTION 2. This Act takes effect September 1, 2023.
Representative Vasut moved to adopt the conference committee report on HB 2559.
The motion to adopt the conference committee report on HB 2559 prevailed by (Record 2208): 136 Yeas, 6 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; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; 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; Lalani; 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; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Noble; Schaefer; Schatzline; Slawson; Tinderholt; Toth.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Hayes; Johnson, J.D.
STATEMENT OF VOTE
When Record No. 2208 was taken, I was in the house but away from my desk. I would have voted yes.
Hayes
HR 2433 - ADOPTED
(by Bonnen)
The following privileged resolution was laid before the house:
HR 2433
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 10 (certain benefits paid by the Teacher Retirement System of Texas) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in proposed SECTION 1 of the bill, adding Section 824.703(a), Government Code, by striking "an additional" and substituting "a".
Explanation: The change is necessary to remove unnecessary language.
(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add text on a matter not in disagreement and not included in either the house or senate version of the bill in proposed SECTION 1 of the bill, by adding Section 824.703(c)(3), Government Code, to read as follows:
(3) is an alternate payee under Section 804.005, to be eligible for the adjustment:
(A) the annuitant must be living on the effective date of the adjustment; and
(B) the effective date of the annuitant's election to receive the annuity payment was on or before August 31, 2020.
Explanation: The change is necessary to clarify that an alternate payee makes the election and specify that an alternate payee must be living on the effective date of the cost-of-living adjustment required by the proposed bill.
(3) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add text on a matter not in disagreement and not included in either the house or senate version of the bill by adding proposed SECTION 2(c) of the bill to read as follows:
(c) The amount of the supplemental payment is equal to:
(1) $7,500, if the annuitant is at least 75 years of age on any day of the calendar month before the calendar month in which the Teacher Retirement System of Texas issues the supplemental payment; or
(2) $2,400, if the annuitant is:
(A) at least 70 years of age but younger than 75 years of age on any day of the calendar month before the calendar month in which the Teacher Retirement System of Texas issues the supplemental payment; and
(B) not subject to Subdivision (1) of this subsection.
Explanation: The change is necessary to prescribe different amounts for the supplemental payment required by the proposed bill based on the age of the annuitant eligible for the payment.
HR 2433 was adopted by (Record 2209): 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; 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; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Sherman; Thompson, S.
SB 10 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Bonnen submitted the conference committee report on SB 10.
Representative Bonnen moved to adopt the conference committee report on SB 10.
The motion to adopt the conference committee report on SB 10 prevailed by (Record 2210): 145 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; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson(C); Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker.
Absent, Excused — Garcia; Herrero; Shaheen.
HB 3104 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Anderson submitted the following conference committee report on HB 3104:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3104 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
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HB 3104, A bill to be entitled An Act relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3596 to read as follows:
Sec. 151.3596. PROPERTY USED IN CERTAIN CONNECTED DATA CENTER PROJECTS; TEMPORARY EXEMPTION. (a) In this section:
(1) "Affiliated group" has the meaning assigned by Section 171.0001.
(2) "Connected data center project" means a project that:
(A) is located in this state;
(B) is composed of one or more buildings:
(i) comprising at least 250,000 square feet of space;
(ii) located or to be located on contiguous or noncontiguous parcels of land that are commonly owned, owned by affiliation with the qualifying operator, or leased by a common qualifying operator; and
(iii) connected to each other:
(a) by fiber and associated equipment required for operating a fiber transmission network between data center buildings and upstream Internet peering points for the sole use of the qualifying occupant; and
(b) for the purpose of providing redundancy and resiliency for the data center services provided in each building;
(C) is specifically constructed or refurbished and primarily used to house servers and related equipment and support staff for the processing, storage, and distribution of data;
(D) is used by a single qualifying occupant for the processing, storage, and distribution of data;
(E) is not used primarily by a telecommunications provider to place tangible personal property used to deliver telecommunications services; and
(F) has an uninterruptible power source, backup electricity generation system, fire suppression and prevention system, and physical security that includes restricted access, video surveillance, and electronic systems.
(3) "County average weekly wage" means the average weekly wage in a county for all jobs during the most recent four quarterly periods for which data is available, as computed by the Texas Workforce Commission, at the time a connected data center project creates a job used to qualify under this section. If the connected data center project is located in more than one county, the county average weekly wage for each county in which the project is located may be calculated by averaging the county average weekly wages of all counties in which the project is located.
(4) "Permanent job" means an employment position that will exist for at least five years after the date the job is created.
(5) "Qualifying connected data center project" means a connected data center project that meets the qualifications prescribed by Subsection (d).
(6) "Qualifying job" means a full-time, permanent job that pays at least 120 percent of the county average weekly wage in the county in which the job is based. The term includes a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, qualifying operator, or qualifying occupant that provides that the employment position is permanently assigned to an associated qualifying connected data center project. The term does not include a job that is moved from one county in this state to another county in this state.
(7) "Qualifying occupant" means a person who contracts with a qualifying owner or qualifying operator to place, or cause to be placed, and to use tangible personal property at the qualifying connected data center project or, in the case of a qualifying occupant who is also the qualifying owner and the qualifying operator, who places or causes to be placed and uses tangible personal property at the qualifying connected data center project. The term includes a member of the person's affiliated group.
(8) "Qualifying operator" means a person who controls access to a qualifying connected data center project, regardless of whether that person owns each item of tangible personal property located at the qualifying connected data center project. The term includes a member of the person's affiliated group. A qualifying operator may also be the qualifying owner.
(9) "Qualifying owner" means a person who owns one or more buildings in which a qualifying connected data center project is located. The term includes a member of the person's affiliated group. A qualifying owner may also be the qualifying operator.
(10) "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
(11) "Virtual currency mining facility" means a facility dedicated to using electronic equipment to add virtual currency transactions to a distributed ledger.
(b) Except as otherwise provided by this section, tangible personal property that is necessary and essential to the operation of a qualifying connected data center project is exempted from the taxes imposed by this chapter if the tangible personal property is purchased for installation at, incorporation into, or in the case of electricity, use in a qualifying connected data center project by a qualifying owner, qualifying operator, or qualifying occupant, and the tangible personal property is:
(1) electricity;
(2) an electrical system;
(3) a cooling system;
(4) a backup electricity generation system;
(5) hardware or a distributed mainframe computer or server;
(6) a data storage device;
(7) network connectivity equipment;
(8) a rack, cabinet, and raised floor system;
(9) a peripheral component or system;
(10) software;
(11) a mechanical, electrical, or plumbing system that is necessary to operate any tangible personal property described by Subdivisions (2)-(10);
(12) any other item of equipment or system necessary to operate any tangible personal property described by Subdivisions (2)-(11), including a fixture; and
(13) a component part of any tangible personal property described by Subdivisions (2)-(10).
(c) The exemption provided by this section does not apply to:
(1) office equipment or supplies;
(2) maintenance or janitorial supplies or equipment;
(3) equipment or supplies used primarily in sales activities or transportation activities;
(4) tangible personal property on which the purchaser has received or has a pending application for a refund under Section 151.429;
(5) tangible personal property not otherwise exempted under Subsection (b) that is incorporated into real estate or into an improvement of real estate;
(6) tangible personal property that is rented or leased for a term of one year or less; or
(7) notwithstanding Section 151.3111, a taxable service that is performed on tangible personal property exempted under this section.
(d) Subject to Subsection (j), a connected data center project may be certified by the comptroller as a qualifying connected data center project for purposes of this section if, on or after September 1, 2023:
(1) a single qualifying occupant:
(A) contracts with a qualifying owner or qualifying operator to lease space in which the qualifying occupant will locate a connected data center project; or
(B) occupies a space that was not previously used as a data center in which the qualifying occupant will locate a connected data center project, in the case of a qualifying occupant who is also the qualifying operator and the qualifying owner; and
(2) the qualifying owner, qualifying operator, or qualifying occupant, jointly or independently:
(A) creates at least 40 qualifying jobs in the county or counties in which the connected data center project is located;
(B) makes or agrees to make a capital investment, on or after September 1, 2023, of at least $500 million in that particular connected data center project, the amount of which may not include a capital investment to replace personal property previously placed in service in that connected data center project, over a five-year period beginning on the earlier of:
(i) the date the connected data center project submits the application described by Subsection (e); or
(ii) the date the connected data center project is certified by the comptroller as a qualifying connected data center project; and
(C) agrees to contract for at least 20 megawatts of transmission capacity for the operation of the connected data center project.
(e) A connected data center project that is eligible under Subsection (d) to be certified by the comptroller as a qualifying connected data center project shall apply to the comptroller for certification as a qualifying connected data center project and for the issuance of a registration number or numbers by the comptroller. The application must be made on a form prescribed by the comptroller and include the information required by the comptroller. The application must include the name and contact information for the qualifying occupant, and, if applicable, the name and contact information for the qualifying owner and the qualifying operator who will claim the exemption authorized under this section. The application form must include a section for the applicant to certify that the capital investment required by Subsection (d)(2)(B) will be met independently or jointly by the qualifying occupant, qualifying owner, or qualifying operator within the time period prescribed by Subsection (d)(2)(B).
(f) The exemption provided by this section begins on the date the connected data center project is certified by the comptroller as a qualifying connected data center project and expires on the 20th anniversary of that date, if the qualifying occupant, qualifying owner, or qualifying operator, independently or jointly makes a capital investment of $500 million or more as provided by Subsection (d)(2)(B).
(g) Each person who is eligible to claim an exemption authorized by this section must hold a registration number issued by the comptroller. The registration number must be stated on the exemption certificate provided by the purchaser to the seller of tangible personal property eligible for the exemption.
(h) The comptroller shall revoke all registration numbers issued in connection with a qualifying connected data center project that the comptroller determines does not meet the requirements prescribed by Subsection (d). Each person who has the person's registration number revoked by the comptroller is liable for taxes, including penalty and interest from the date of purchase, imposed under this chapter on purchases for which the person claimed an exemption under this section, regardless of whether the purchase occurred before the date the registration number was revoked.
(i) The comptroller shall adopt rules consistent with and necessary to implement this section, including rules relating to:
(1) a qualifying connected data center project, qualifying owner, qualifying operator, and qualifying occupant;
(2) issuance and revocation of a registration number required under this section; and
(3) reporting and other procedures necessary to ensure that a qualifying connected data center project, qualifying owner, qualifying operator, and qualifying occupant comply with this section and remain entitled to the exemption authorized by this section.
(j) A connected data center project is not eligible to receive an exemption under this section if the connected data center project is:
(1) subject to an agreement limiting the appraised value of the connected data center's property under former Subchapter B or C, Chapter 313, or a substantially similar program that authorizes a temporary limit on the value of the connected data center's property for school district maintenance and operations ad valorem tax purposes; or
(2) a virtual currency mining facility.
SECTION 2. Section 151.317(a), Tax Code, is amended to read as follows:
(a) Subject to Sections 151.1551, 151.359, [and] 151.3595, and 151.3596 and Subsection (d) of this section, gas and electricity are exempted from the taxes imposed by this chapter when sold for:
(1) residential use;
(2) use in powering equipment exempt under Section 151.318 or 151.3185 by a person processing tangible personal property for sale as tangible personal property, other than preparation or storage of prepared food described by Section 151.314(c-2);
(3) use in lighting, cooling, and heating in the manufacturing area during the actual manufacturing or processing of tangible personal property for sale as tangible personal property, other than preparation or storage of prepared food described by Section 151.314(c-2);
(4) use directly in exploring for, producing, or transporting, a material extracted from the earth;
(5) use in agriculture, including dairy or poultry operations and pumping for farm or ranch irrigation;
(6) use directly in electrical processes, such as electroplating, electrolysis, and cathodic protection;
(7) use directly in the off-wing processing, overhaul, or repair of a jet turbine engine or its parts for a certificated or licensed carrier of persons or property;
(8) use directly in providing, under contracts with or on behalf of the United States government or foreign governments, defense or national security-related electronics, classified intelligence data processing and handling systems, or defense-related platform modifications or upgrades;
(9) use directly by a data center, [or] large data center project, or connected data center project that is certified by the comptroller as a qualifying data center under Section 151.359, [or] a qualifying large data center project under Section 151.3595, or a qualifying connected data center project under Section 151.3596 in the processing, storage, and distribution of data;
(10) a direct or indirect use, consumption, or loss of electricity by an electric utility engaged in the purchase of electricity for resale; or
(11) use in timber operations, including pumping for irrigation of timberland.
SECTION 3. The change in law made by this Act does not affect tax liability accruing before the effective date of this Act. That liability continues in effect as if this Act had not been enacted, and the former law is continued in effect for the collection of taxes due and for civil and criminal enforcement of the liability for those taxes.
SECTION 4. This Act takes effect September 1, 2023.
Representative Anderson moved to adopt the conference committee report on HB 3104.
The motion to adopt the conference committee report on HB 3104 prevailed by (Record 2211): 120 Yeas, 21 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; 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; DeAyala; Dorazio; Dutton; Flores; Frank; Frazier; Gámez; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hernandez; Hinojosa; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meyer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Dean; Gerdes; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Isaac; Landgraf; Leo-Wilson; Metcalf; Schaefer; Schatzline; Slawson; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Garcia; Herrero; Shaheen.
Absent — Bell, C.; Johnson, J.D.; Talarico.
STATEMENT OF VOTE
When Record No. 2211 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
SB 17 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Kuempel submitted the conference committee report on SB 17.
SB 17 - REMARKS
REPRESENTATIVE KUEMPEL: To walk through some of the changes—first, the conference committee report moves the higher education statement of purpose because of there being concerns with germaneness. Second, it removes several references to sex and the definition of a DEI office and DEI training. This change was made because there may be certain circumstances where policies and programs should be crafted and referenced to sex, such as ensuring fairness in intercollegiate athletics and policies surrounding pregnancy. However, the bill continues to prohibit employment discrimination based on sex, as required by state and federal law. Third, the conference committee report adopted the senate language on the exception to ensure the programs that enhance student academic achievement may continue. The language is more comprehensive and better matches the intent of the bill. Fourth, the conference committee report further clarifies the definition of DEI training to better ensure the prohibition on required DEI training is effective. Fifth, the report retains the study to be conducted by the coordinating board, as added by amendment on the house floor. The study is now a biennial study rather than an annual study to reduce the burden on the coordinating board and to allow data to amass. The report also replaces "recruitment rate" with "application rate" to align with the coordinating board's terms. The final change to the study is removing disaggregation of sexual orientation and gender identity. The Higher Education Coordinating Board in our institutions of higher education do not collect that data, so it wouldn't be appropriate. And lastly, the conference committee report makes changes to the provision which required institutions of higher education to make a reasonable effort to place all employees in positions at an institution with similar pay. This provision now authorizes institutions of higher education to provide a letter of recommendation to affected employees as long as they are in good standing with the institution.
REPRESENTATIVE COLLIER: I just want to go back over the last two parts that you mentioned. The study that was added in the house included the same characteristics that were mentioned in the bill—one being sexual orientation—but that's been removed in the senate amendment or in the conference committee, I guess?
KUEMPEL: Yes.
COLLIER: So they're not going to study how this impacts the same characteristics that were originally part of the bill that are prohibited?
KUEMPEL: Correct, and that was sexual orientation and gender identity. That was just something that the Higher Education Coordinating Board doesn't collect anyway, so—
COLLIER: They don't collect that data?
KUEMPEL: No, ma'am.
COLLIER: Okay, then the next part deals with staff reassignments?
KUEMPEL: Yes, ma'am.
COLLIER: There was a provision added in the house version that said that the existing staff, if their position is eliminated or their department is eliminated, they would be reassigned. And now that has been pretty much gutted. Because what the bill does now is that it says that they may provide a letter. It doesn't even say that they have to keep them. So right now, these 62 individuals at UT—
KUEMPEL: That's correct, Ms. Collier. I've been visiting with some of these institutions. I do have confidence that these employees will be accommodated, but for the sake of working with the senate that's the language we came to—to provide a letter of recommendation.
COLLIER: That's what I wanted to clarify with you, then. Even after this was removed and gutted, the safety net or just some provisions in there that would ensure that they could maintain their jobs—I understand it was like 62 at UT here in Austin—even after that provision was removed, it's still your understanding that those individuals would be reassigned or other employment would be found for them?
KUEMPEL: When in discussions, I have confidence that those employees will be accommodated if they wish to be.
REMARKS ORDERED PRINTED
Representative Collier moved to print all remarks on SB 17.
The motion prevailed.
REPRESENTATIVE REYNOLDS: I have the utmost respect for my good colleague, Chairman Kuempel, and I am not going to regurgitate and recite the many hours of arguments—persuasive arguments—from members against this bill. We heard overwhelmingly from students across this state, and as we reflect on May as a month of graduation ceremonies, there are many students of color across this state that will be impacted in the future if we pass this legislation. I want to thank the members that spoke truth to power eloquently. You heard from Dr. Alma Allen and many other members from the Texas Legislative Black Caucus, from the Mexican American Legislative Caucus, and from other members about the detrimental impact that this bill will have on students of color in the most diverse state in the country. Again, our diversity is our strength.
There's only one state in the United States of America that has passed legislation like this, and that is the State of Florida. If we pass this bill, Texas will become only the second state that is on the wrong side of history. I want to make it plain for what this bill would do by reciting a recent travel advisory from the NAACP, the nation's oldest and largest civil rights organization. They issued this release on May 20, 2023, that says: Today the NAACP Board of Directors issue a formal travel advisory for the state of Florida. The travel advisory comes in direct response to Governor Ron DeSantis' aggressive attempts to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools. The formal travel notice states, "Florida is openly hostile towards African Americans, people of color, and LGBTQ+ individuals. Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color. Let me be clear, failing to teach an accurate representation of the horrors and inequalities that Black Americans have faced, and continue to face, is a disservice to students and a dereliction of duty to all," said NAACP President and CEO Derrick Johnson. "Under the leadership of Governor DeSantis, the state of Florida has become hostile to African Americans and in direct conflict with the democratic ideals that our union was founded upon. He should know that democracy will prevail because its defenders are prepared to stand up and fight. We are not backing down and we encourage all our allies to join us in this battle for the soul of our nation."
The travel advisory was initially proposed to the board of directors by the NAACP's Florida State Conference. Collective consideration of this advisory is a result from unrelenting attacks on fundamental freedoms from the governor and his legislative body. "Once again, hate-inspired state leaders have chosen to put politics over people. Governor Ron DeSantis and the state of Florida have engaged in a blatant war against principles of diversity and inclusion and rejected our shared identities to appeal to a dangerous extremist minority."
Members, this is what I fear. Texas will be the next state. If we pass this bill—which we made some amendments in the house that made a bad bill a little less bad and many of those, as was just recounted by Chairman Kuempel, have been stripped out. I do not want to see Texas go down the road of Florida. I do not want to see Texas go down the road where the NAACP issues a travel advisory regarding Texas. Texas is the home of more African Americans than any other state in the country. Again, our diversity is our strength, and I implore you to appeal to your social consciousness to be on the right side of history and reject this similar legislation that was passed in Florida that led to this travel advisory from the NAACP. We want to welcome people to visit our state. We want people to continue to come and visit and spend money for tourism. We want to continue to attract the best and the brightest to our universities. We won't continue to attract people that make Texas the fastest growing state in the country. Based on the 2020 census, 95 percent of the growth over the last decade was because of our diversity. African Americans, Asians, and Hispanics—that was 95 percent of the growth. This bill will send us in the wrong direction.
I close and ask you please, members, don't be on the wrong side of history. Don't let Texas be the next state to get a travel advisory. Don't let the politics of extremism get in the way of the progress that we have made over the years because many people of good conscience—not just African Americans, but Hispanics and Asians all working together collaboratively to make Texas a better place. To address the Jim Crow legislation of the past, diversity, equity, and inclusion programs have helped to propel this state forward.
COLLIER: Representative Reynolds, we heard the information about the DEI study. We are glad that the study stays in there, but having that study will help us understand the impact that by removing these programs—the DEI programs—can have on our universities and community colleges. Ever since this bill has come up, have you also heard from community colleges, universities, and those that actually apply for grants that this bill does not provide them cover to be able to apply for these grants? They could likely lose these grants, have you heard that?
REYNOLDS: Absolutely, Representative Collier. I have heard from a considerable amount of people from colleges and universities. Many of them fear retaliation, so they didn't want to speak openly and on the record. But they've called my office, as they have many people's offices, that this bill will chill those programs. Many of the programs that have benefited from federal funding are at jeopardy with this legislation, and they are concerned about the adverse impact it's going to have on their college campuses for recruitment of students and retention of faculty and staff. They have already seen an exodus of staff. Just last week, I heard someone say that they had rejection letters because of SB 17 and SB 18. People were saying they were going to go elsewhere. I'm concerned that this is going to be a slippery slope, and it is going to have an exponentially detrimental impact on those universities that have welcomed students of color and that have welcomed LGBTQ+ students. This bill is going to adversely impact those universities. Yes, I have heard from a number of people, and they have addressed those concerns.
COLLIER: You know, when we were having a discussion about this bill when we debated it, one thing that was not emphasized as much was the impact that it will have on community colleges because they too apply for grants. They are in jeopardy as well. By eliminating this opportunity—and I know what the bill is saying is that they are just taking away the name, and it's still the same—it's going to have a detrimental impact. A billion-plus dollars could be lost by the State of Texas in funding as well as quality faculty. That's a concern that we also have.
REYNOLDS: You just articulated it very well. Also, it's going to impact over 1.5 million students. So yes, this bill is a solution in search of a problem. Prior to this legislation, I don't know about you, but I never heard from one university, college, or community college saying, "You know what? We really need to end diversity, equity, and inclusion because that is a real problem in this state." I don't know any member, and I challenge any member to show me. I've never heard of a study during the interim that there is a problem that needs to be addressed. This came out of nowhere in February—during Black History Month—by Governor Abbott and, quite frankly, I think it's just nothing but partisan politics.
COLLIER: What is also alarming is that there is not much diversity when you look at the athletic programs—they're very one-sided.
REYNOLDS: Absolutely.
COLLIER: They do not have diversity within those programs, and yet they are eliminating the DEI department.
REYNOLDS: Absolutely. I'm glad that you're having this conversation on the record so people can think before they vote. Let's not just push buttons here. Let's look at how this is going to impact day-to-day operations at colleges and universities. How is this going to impact the students, faculty, and staff? I think that this is going to send us backwards.
COLLIER: Thank you.
REYNOLDS: Members, I ask that you vote no.
SB 17 - POINT OF ORDER
Representative Bryant raised a point of order against further consideration of SB 17 under Rule 6, Section 16, of the House Rules on the grounds that the conference committee report is not eligible. The point of order was withdrawn.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Frazier on motion of Bryant.
SB 17 - (consideration continued)
Representative Kuempel moved to adopt the conference committee report on SB 17.
The motion to adopt the conference committee report on SB 17 prevailed by (Record 2212): 82 Yeas, 61 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; 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(C); Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker.
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Morales Shaw.
HB 1500 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Holland submitted the following conference committee report on HB 1500:
Austin, Texas, May 27, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1500 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 1500, A bill to be entitled An Act relating to the continuation and functions of the Public Utility Commission of Texas and the Office of Public Utility Counsel, and the functions of the independent organization certified for the ERCOT power region; increasing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.005, Utilities Code, is amended to read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter or by Chapter 39, the commission is abolished [and this title expires] September 1, 2029 [2023].
SECTION 2. Section 12.059, Utilities Code, is amended to read as follows:
Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a [Before a commissioner may assume the commissioner's duties and before the commissioner may be confirmed by the senate, the commissioner must complete at least one course of the] training program that complies with [established under] this section.
(b) The [A] training program must [established under this section shall] provide the person with information [to the commissioner] regarding:
(1) the law governing [enabling legislation that created the] commission operations [and its policymaking body to which the commissioner is appointed to serve];
(2) the programs, functions, rules, and budget of [operated by] the commission;
(3) the scope [role and functions] of and limitations on the rulemaking authority of the commission;
(4) the results [rules] of the most recent formal audit of the commission [with an emphasis on the rules that relate to disciplinary and investigatory authority];
(5) the requirements of:
(A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B) other laws applicable to members of a state policy-making body in performing their duties [current budget for the commission]; and
(6) [the results of the most recent formal audit of the commission;
[(7)
the requirements of Chapters 551, 552, and 2001, Government Code;
[(8)
the requirements of the conflict of interest laws and other laws relating to public officials; and
[(9)] any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c) A person [who is] appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d) The executive director of the commission shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 3. Section 12.202, Utilities Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The policies adopted under this section must require the agenda for each regular commission meeting to include public testimony as a meeting agenda item and allow members of the public to comment on:
(1) each meeting agenda item unrelated to a contested case; and
(2) other matters under the commission's jurisdiction.
(a-2) The commission may prohibit public comment at a regular commission meeting on a meeting agenda item related to a contested case.
SECTION 4. Section 12.203, Utilities Code, is amended to read as follows:
Sec. 12.203. BIENNIAL REPORT. (a) Not later than January 15 of each odd-numbered year, the commission shall prepare a written report that includes:
(1) suggestions regarding modification and improvement of the commission's statutory authority and for the improvement of utility regulation in general, including the regulation of water and sewer service under Chapter 13, Water Code, that the commission considers appropriate for protecting and furthering the interest of the public;
(2) a report on the scope of competition in the electric and telecommunications markets that includes:
(A) an assessment of:
(i) the effect of competition and industry restructuring on customers in both competitive and noncompetitive electric markets; and
(ii) the effect of competition on the rates and availability of electric services for residential and small commercial customers;
(B) an assessment of the effect of competition on:
(i) customers in both competitive and noncompetitive telecommunications markets, with a specific focus on rural markets; and
(ii) the rates and availability of telecommunications services for residential and business customers, including any effects on universal service; and
(C) a summary of commission action over the preceding two years that reflects changes in the scope of competition in regulated electric and telecommunications markets; and
(3) recommendations for legislation that the commission determines appropriate to promote the public interest in the context of partially competitive electric and telecommunications markets.
(b) A telecommunications utility, as defined by Section 51.002, shall cooperate with the commission as necessary for the commission to satisfy the requirements of this section.
SECTION 5. Subchapter E, Chapter 12, Utilities Code, is amended by adding Section 12.205 to read as follows:
Sec. 12.205. STRATEGIC COMMUNICATIONS PLAN. The commission shall:
(1) develop an agency-wide plan for:
(A) improving the effectiveness of commission communications with the public, market participants, and other relevant audiences; and
(B) responding to changing communications needs;
(2) include in the plan required by Subdivision (1) goals, objectives, and metrics to assess commission efforts; and
(3) update the plan required by Subdivision (1) at least once every two years.
SECTION 6. Section 13.002, Utilities Code, is amended to read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of Public Utility Counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished [and this chapter expires] September 1, 2029 [2023].
SECTION 7. Sections 15.023(b-1) and (f), Utilities Code, are amended to read as follows:
(b-1) Notwithstanding Subsection (b), the penalty for a violation of a voluntary mitigation plan entered into under Subsection (f) or of a provision of Section 35.0021 or 38.075 may be in an amount not to exceed $1,000,000 for a violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(f) The commission and a person may develop and enter into a voluntary mitigation plan relating to a violation of Section 39.157 or rules adopted by the commission under that section. The commission may approve the plan only if the commission determines that the plan is in the public interest. The voluntary mitigation plan must be reviewed at least once every two years and not later than the 90th day after the implementation date of a wholesale market design change. As part of the review, the commission must determine whether the voluntary mitigation plan remains in the public interest. If the commission determines that the voluntary mitigation plan is no longer in the public interest, the commission and the person must agree to a modification of the plan or the commission must terminate the plan. Adherence [If the commission and a person enter into a voluntary mitigation plan, adherence] to the plan must be considered in determining whether a violation occurred and, if so, the penalty to be assessed [constitutes an absolute defense against an alleged violation with respect to activities covered by the plan].
SECTION 8. Subchapter A, Chapter 35, Utilities Code, is amended by adding Section 35.0022 to read as follows:
Sec. 35.0022. SERVICE INTERRUPTION NOTIFICATIONS. (a) This section applies only to a provider of electric generation service described by Section 35.0021(a).
(b) The commission by rule shall require a provider of electric generation service to provide to the independent organization certified under Section 39.151 for the ERCOT power region the reason for each unplanned service interruption. Not later than the third business day after the service is restored, the independent organization shall include the reason for each unplanned service interruption in a publicly available report published on the independent organization's Internet website.
SECTION 9. Section 35.004, Utilities Code, is amended by amending Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to read as follows:
(d) The commission shall price wholesale transmission services within ERCOT based on the postage stamp method of pricing under which a transmission-owning utility's rate is based on the ERCOT utilities' combined annual costs of transmission, other than costs described by Subsections (d-2) and (d-3), divided by the total demand placed on the combined transmission systems of all such transmission-owning utilities within a power region. An electric utility subject to the freeze period imposed by Section 39.052 may treat transmission costs in excess of transmission revenues during the freeze period as an expense for purposes of determining annual costs in the annual report filed under Section 39.257. Notwithstanding Section 36.201, the commission may approve wholesale rates that may be periodically adjusted to ensure timely recovery of transmission investment. Notwithstanding Section 36.054(a), if the commission determines that conditions warrant the action, the commission may authorize the inclusion of construction work in progress in the rate base for transmission investment required by the commission under Section 39.203(e).
(d-1) The commission by rule shall establish a reasonable allowance for transmission-owning utility costs incurred to interconnect generation resources directly with the ERCOT transmission system at transmission voltage. The allowance must take into account:
(1) the potential to reduce the costs to consumers of generation interconnection;
(2) historical generation interconnection costs; and
(3) any other factor that the commission considers reasonable to accomplish the goal of this subsection.
(d-2) Costs in excess of the transmission-owning utility allowance provided by Subsection (d-1) incurred to interconnect generation resources with the ERCOT transmission system must be directly assigned to and collected from the generation resource interconnecting through the facilities.
(d-3) Not later than September 1 of every fifth year, the commission shall review and may adjust the allowance provided by Subsection (d-1) to account for inflation or supply chain issues.
SECTION 10. Section 36.053(d), Utilities Code, is amended to read as follows:
(d) If the commission issues a certificate of convenience and necessity or if the commission, acting under the authority formerly provided by Section 39.203(e), ordered [orders] an electric utility or a transmission and distribution utility to construct or enlarge transmission or transmission-related facilities to facilitate meeting the goal for generating capacity from renewable energy technologies under former Section 39.904(a), the commission shall find that the facilities are used and useful to the utility in providing service for purposes of this section and are prudent and includable in the rate base, regardless of the extent of the utility's actual use of the facilities.
SECTION 11. Section 37.0541, Utilities Code, is amended to read as follows:
Sec. 37.0541. CONSOLIDATION OF CERTAIN PROCEEDINGS. The commission shall consolidate the proceeding on an application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line with the proceeding on another application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line if it is apparent from the applications or a motion to intervene in either proceeding that the transmission lines that are the subject of the separate proceedings share a common point of interconnection. [This section does not apply to a proceeding on an application for a certificate of convenience and necessity for a transmission line to serve a competitive renewable energy zone as part of a plan developed by the commission under Section 39.904(g)(2).]
SECTION 12. Sections 37.056(c) and (d), Utilities Code, are amended to read as follows:
(c) The commission shall grant each certificate on a nondiscriminatory basis after considering:
(1) the adequacy of existing service;
(2) the need for additional service;
(3) the effect of granting the certificate on the recipient of the certificate and any electric utility serving the proximate area; and
(4) other factors, such as:
(A) community values;
(B) recreational and park areas;
(C) historical and aesthetic values;
(D) environmental integrity; and
(E) the probable improvement of service or lowering of cost to consumers in the area if the certificate is granted, including any potential economic or reliability benefits associated with dual fuel and fuel storage capabilities in areas outside the ERCOT power region[; and
[(F)
to the extent applicable, the effect of granting the certificate on the ability of this state to meet the goal established by Section 39.904(a) of this title].
(d) The commission by rule shall establish criteria, in addition to the criteria described by Subsection (c), for granting a certificate for a transmission project that serves the ERCOT power region and[,] that is not necessary to meet state or federal reliability standards[, and that is not included in a plan developed under Section 39.904(g)]. The criteria must include a comparison of the estimated cost of the transmission project for consumers and the estimated congestion cost savings for consumers that may result from the transmission project, considering both current and future expected congestion levels and the transmission project's ability to reduce those congestion levels. The commission shall include with its decision on an application for a certificate to which this subsection applies findings on the criteria.
SECTION 13. Subchapter D, Chapter 38, Utilities Code, is amended by adding Section 38.078 to read as follows:
Sec. 38.078. CIRCUIT SEGMENTATION STUDY AND COST RECOVERY. (a) Not later than September 15, 2023, the commission shall direct each transmission and distribution utility to perform a circuit segmentation study.
(b) A circuit segmentation study must:
(1) use an engineering analysis to examine whether and how the transmission and distribution utility's transmission and distribution systems can be segmented and sectionalized to manage and rotate outages more evenly across all customers and circuits, while maintaining the protections offered to critical facilities;
(2) include an engineering analysis of the feasibility of using sectionalization, automated reclosers, and other technology to break up the circuits that host significant numbers of critical facilities into smaller segments for outage management purposes to enable more granular and flexible outage management;
(3) identify feeders with critical facilities that, if equipped with facility-specific backup power systems and segmentation, can enhance the utility's outage management flexibility; and
(4) include an estimate of the time, capital cost, and expected improvements to load-shed management associated with the circuit segmentation study.
(c) Each transmission and distribution utility shall submit a report of the conclusions of the utility's study to the commission not later than September 1, 2024.
(d) The commission shall review each circuit segmentation study not later than March 15, 2025.
SECTION 14. Section 39.002, Utilities Code, as amended by Chapters 908 (HB 4492) and 950 (SB 1580), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160, 39.203, [39.904,] 39.9051, 39.9052, and 39.914(e), and Subchapters M and N, does not apply to a municipally owned utility or an electric cooperative. Sections 39.157(e) and[,] 39.203[, and 39.904, however,] apply only to a municipally owned utility or an electric cooperative that is offering customer choice. If there is a conflict between the specific provisions of this chapter and any other provisions of this title, except for Chapters 40 and 41, the provisions of this chapter control.
SECTION 15. Section 39.151, Utilities Code, is amended by amending Subsections (d), (g-1), and (g-6) and adding Subsection (g-7) to read as follows:
(d) The commission shall adopt and enforce rules relating to the reliability of the regional electrical network and accounting for the production and delivery of electricity among generators and all other market participants, or may delegate those responsibilities to an independent organization [responsibilities for adopting or enforcing such rules. Rules adopted by an independent organization and enforcement actions taken by the organization under delegated authority from the commission are subject to commission oversight and review and may not take effect before receiving commission approval]. An independent organization certified by the commission is directly responsible and accountable to the commission. The commission has complete authority to oversee and investigate the independent organization's finances, budget, and operations as necessary to ensure the organization's accountability and to ensure that the organization adequately performs the organization's functions and duties. The independent organization shall fully cooperate with the commission in the commission's oversight and investigatory functions. The commission may take appropriate action against an independent organization that does not adequately perform the organization's functions or duties or does not comply with this section, including decertifying the organization or assessing an administrative penalty against the organization. The commission by rule shall adopt procedures governing decertification of an independent organization, selecting and certifying a successor organization, and transferring assets to the successor organization to ensure continuity of operations in the region. The commission may not implement, by order or by rule, a requirement that is contrary to an applicable federal law or rule.
(g-1) The [independent organization's] bylaws of an independent organization certified for the ERCOT power region [or protocols] must be approved by [the commission] and [must] reflect the input of the commission. The bylaws must require that every member of the governing body be a resident of this state and must prohibit a legislator from serving as a member. The governing body must be composed of:
(1) two members [the chairman] of the commission as [an] ex officio nonvoting members:
(A) one of whom must be the presiding officer of the commission; and
(B) one of whom must be designated by the presiding officer of the commission to serve a one-year term on the governing body [member];
(2) the counsellor as an ex officio voting member representing residential and small commercial consumer interests;
(3) the chief executive officer of the independent organization as an ex officio nonvoting member; and
(4) eight members selected by the selection committee under Section 39.1513 with executive-level experience in any of the following professions:
(A) finance;
(B) business;
(C) engineering, including electrical engineering;
(D) trading;
(E) risk management;
(F) law; or
(G) electric market design.
(g-6) In this subsection, a reference to a protocol includes a rule. Protocols adopted by an independent organization and enforcement actions taken by the organization under delegated authority from the commission are subject to commission oversight and review and may not take effect before receiving commission approval. To maintain certification as an independent organization under this section, the organization's governing body must establish and implement a formal process for adopting new protocols or revisions to existing protocols. The process must require that new or revised protocols may not take effect until the commission approves a market impact statement describing the new or revised protocols. The commission may approve, reject, or remand with suggested modifications to the independent organization's governing body protocols adopted by the organization.
(g-7) The presiding officer of the commission shall designate commissioners to serve terms on the independent organization's governing body under Subsection (g-1)(1)(B) in the order in which the commissioners were first appointed to the commission. A commissioner may not serve an additional term until each commissioner has served a term.
SECTION 16. Section 39.1511, Utilities Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Meetings of the governing body of an independent organization certified under Section 39.151 and meetings of a subcommittee that includes a member of the governing body must be open to the public. The bylaws of the independent organization and the rules of the commission may provide for the governing body or subcommittee to enter into executive session closed to the public only to address risk management or a matter that the independent organization would be authorized to consider in a closed meeting if the independent organization were governed under Chapter 551, Government Code [sensitive matters such as confidential personnel information, contracts, lawsuits, competitively sensitive information, or other information related to the security of the regional electrical network].
(a-1) An independent organization's governing body or a subcommittee may adopt a policy allowing the governing body or subcommittee to enter into an executive session closed to the public and commissioners, including the commissioners serving as ex officio nonvoting members, only to address a contested case, as defined by Section 2001.003, Government Code, or a personnel matter that is unrelated to members of the governing body.
SECTION 17. Subchapter D, Chapter 39, Utilities Code, is amended by adding Section 39.1514 to read as follows:
Sec. 39.1514. COMMISSION DIRECTIVES TO INDEPENDENT ORGANIZATION. (a) The commission may not use a verbal directive to direct an independent organization certified under Section 39.151 to take an official action. The commission may direct the organization to take an official action only through:
(1) a contested case;
(2) rulemaking; or
(3) a memorandum or written order adopted by a majority vote.
(a-1) The commission must use a contested case or rulemaking process to direct an independent organization certified under Section 39.151 to take an official action that will create a new cost or fee, increase an existing cost or fee, or impose significant operational obligations on an entity.
(b) The commission by rule shall:
(1) specify the types of directives the commission may issue through a contested case, rulemaking, memorandum, or written order, in accordance with Subsection (a-1);
(2) require that proposed commission directives be included as an item on a commission meeting agenda and require the commission to allow members of the public an opportunity to comment on the agenda item; and
(3) establish a reasonable timeline for the release before a commission meeting of discussion materials relevant to any proposed commission directives included as agenda items for that meeting.
(c) Notwithstanding another provision of this section, the commission may use a verbal directive to direct an independent organization to take an official action in an urgent or emergency situation that poses an imminent threat to public health, public safety, or the reliability of the power grid. If the commission uses a verbal directive, the commission shall provide written documentation of the directive to the independent organization not later than 72 hours after the urgent or emergency situation ends. The commission by rule shall establish criteria for determining whether a situation is urgent or an emergency under this subsection and establish a process by which the commission will issue directives to the independent organization under this subsection.
SECTION 18. Section 39.1515, Utilities Code, is amended by amending Subsections (a) and (f) and adding Subsection (i) to read as follows:
(a) An independent organization certified under Section 39.151 shall contract with an entity selected by the commission to act as the commission's wholesale electric market monitor to detect and prevent market manipulation strategies, [and] recommend measures to enhance the efficiency of the wholesale market, and provide independent analysis of any material changes proposed to the wholesale market. The commission may not restrict the market monitor from appearing or speaking before or providing analysis to the legislature. The independent organization may not substantially modify the market monitor's contract unless the modification is approved by a majority of the commissioners.
(f) The market monitor immediately shall report in writing directly to the commission and commission staff all [any] potential market manipulations and all [any] discovered or potential violations of commission rules or rules of the independent organization.
(i) Not later than December 1 of each year, the commission shall submit a report to the legislature that describes for the 12-month period preceding the report's submission:
(1) the number of instances in which the market monitor reported potential market manipulation to the commission or commission staff;
(2) the statutes, commission rules, and rules of the independent organization alleged to have been violated by the reported entities; and
(3) the number of instances reported under Subdivision (1) for which the commission instituted a formal investigation on its own motion or commission staff initiated an enforcement action.
SECTION 19. Section 39.155(d), Utilities Code, is amended to read as follows:
(d) In a qualifying power region, the report [reports] required by Subsection (c) [Subsections (b) and (c)] shall be submitted by the independent organization or organizations having authority over the power region or discrete areas thereof.
SECTION 20. Section 39.157(f), Utilities Code, is amended to read as follows:
(f) Following review of the annual report [reports] submitted to it under Section 39.155(c) [Sections 39.155(b) and (c)], the commission shall determine whether specific transmission or distribution constraints or bottlenecks within this state give rise to market power in specific geographic markets in the state. The commission, on a finding that specific transmission or distribution constraints or bottlenecks within this state give rise to market power, may order reasonable mitigation of that potential market power by ordering, under Section 39.203(e), one or more electric utilities or transmission and distribution utilities to construct additional transmission or distribution capacity, or both, subject to the certification provisions of this title.
SECTION 21. The heading to Section 39.159, Utilities Code, as added by Chapter 426 (SB 3), Acts of the 87th Legislature, Regular Session, 2021, is amended to read as follows:
Sec. 39.159. POWER REGION RELIABILITY AND DISPATCHABLE GENERATION.
SECTION 22. Section 39.159, Utilities Code, as added by Chapter 426 (SB 3), Acts of the 87th Legislature, Regular Session, 2021, is amended by adding Subsections (d) and (e) to read as follows:
(d) The commission shall require the independent organization certified under Section 39.151 for the ERCOT power region to develop and implement an ancillary services program to procure dispatchable reliability reserve services on a day-ahead and real-time basis to account for market uncertainty. Under the required program, the independent organization shall:
(1) determine the quantity of services necessary based on historical variations in generation availability for each season based on a targeted reliability standard or goal, including intermittency of non-dispatchable generation facilities and forced outage rates, for dispatchable generation facilities;
(2) develop criteria for resource participation that require a resource to:
(A) be capable of running for at least four hours at the resource's high sustained limit;
(B) be online and dispatchable not more than two hours after being called on for deployment; and
(C) have the dispatchable flexibility to address inter-hour operational challenges; and
(3) reduce the amount of reliability unit commitment by the amount of dispatchable reliability reserve services procured under this section.
(e) Notwithstanding Subsection (d)(2)(A), the independent organization certified under Section 39.151 for the ERCOT power region may require a resource to be capable of running for more than four hours as the organization determines is needed.
SECTION 23. Subchapter D, Chapter 39, Utilities Code, is amended by adding Sections 39.1591, 39.1592, 39.1593, 39.1594, and 39.1595 to read as follows:
Sec. 39.1591. REPORT ON DISPATCHABLE AND NON-DISPATCHABLE GENERATION FACILITIES. Not later than December 1 of each year, the commission shall file a report with the legislature that:
(1) includes:
(A) the estimated annual costs incurred by load-serving entities under this subchapter associated with backing up dispatchable and non-dispatchable electric generation facilities to guarantee that a firm amount of electric energy will be available to the ERCOT power grid; and
(B) as calculated by the independent system operator, the cumulative annual costs that have been incurred in the ERCOT market to facilitate the transmission of dispatchable and non-dispatchable electricity to load and to interconnect transmission level loads, including a statement of the total cumulative annual costs and of the cumulative annual costs incurred for each type of activity described by this paragraph; and
(2) documents the status of the implementation of this subchapter, including whether the rules and protocols adopted to implement this subchapter have materially improved the reliability, resilience, and transparency of the electricity market.
Sec. 39.1592. GENERATION RELIABILITY REQUIREMENTS. (a) This section applies only to an electric generation facility in the ERCOT power region for which a standard generator interconnection agreement is signed on or after January 1, 2027, that has been in operation for at least one year, and that is not a self-generator.
(b) Not later than December 1 of each year, an owner or operator of an electric generation facility, other than a battery energy storage resource, shall demonstrate to the commission the ability of the owner or operator's portfolio to operate or be available to operate when called on for dispatch at or above the seasonal average generation capability during the times of highest reliability risk, as determined by the commission, due to low operation reserves, as determined by the commission. The owner or operator must be allowed to meet the performance requirements described by this subsection by supplementing or contracting with on-site or off-site resources, including battery energy storage resources. The commission shall determine the average generation capability based on expected resource availability and seasonal-rated capacity on a standalone basis.
(c) The commission shall require the independent organization certified under Section 39.151 for the ERCOT power region to:
(1) enforce the requirements of Subsection (b) by imposing financial penalties, as determined by the commission, for failing to comply with the performance requirements described by that subsection; and
(2) provide financial incentives, as determined by the commission, for exceeding the performance requirements described by that subsection.
(d) The independent organization certified under Section 39.151 for the ERCOT power region may not impose penalties under Subsection (c):
(1) for resource unavailability due to planned maintenance outages or transmission outages;
(2) on resources that are already subject to performance obligations during the highest reliability risk hours under the day-ahead market rules or other ancillary or reliability services established by the commission or the independent organization; or
(3) during hours outside a baseline established by the commission that includes morning and evening ramping periods.
Sec. 39.1593. COST ALLOCATION OF RELIABILITY SERVICES. (a) The commission shall direct the independent organization certified under Section 39.151 for the ERCOT power region to evaluate with input from a technical advisory committee established under the bylaws of the independent organization that includes market participants whether allocating the costs of ancillary and reliability services, including those procured under Section 39.159, as added by Chapter 426 (SB3), Acts of the 87th Legislature, Regular Session, 2021, using a methodology described by Subsection (b) would result in a net savings to consumers in the ERCOT power region compared to allocating all costs of ancillary and reliability services to load to ensure reliability.
(b) The commission shall evaluate whether to allocate the cost of ancillary and reliability services:
(1) on a semiannual basis among electric generation facilities and load-serving entities in proportion to their contribution to unreliability during the times of highest reliability risk due to low operating reserves by season, as determined by the commission based on a number of hours adopted by the commission for that season; or
(2) using another method identified by the commission.
(c) The evaluation must:
(1) use historical ancillary and reliability services data;
(2) consider the causes for ancillary services deployments; and
(3) consider the design, procurement, and cost allocation of ancillary services required by Section 35.004(h).
(d) Not later than December 1, 2026, the commission shall submit a report on the evaluation to the legislature.
Sec. 39.1594. RELIABILITY PROGRAM. (a) Under Section 39.159(b), as added by Chapter 426 (SB3), Acts of the 87th Legislature, Regular Session, 2021, or other law, the commission may not require retail customers or load-serving entities in the ERCOT power region to purchase credits designed to support a required reserve margin or other capacity or reliability requirement unless the commission ensures that:
(1) the net cost to the ERCOT market of the credits does not exceed $1 billion annually, less the cost of any interim or bridge solutions that are lawfully implemented, except that the commission may adjust the limit:
(A) proportionally according to the highest net peak demand year-over-year with a base year of 2026; and
(B) for inflation with a base year of 2026;
(2) credits are available only for dispatchable generation;
(3) the independent organization certified under Section 39.151 for the ERCOT power region is required to procure the credits centrally in a manner designed to prevent market manipulation by affiliated generation and retail companies;
(4) a generator cannot receive credits that exceed the amount of generation bid into the forward market by that generator;
(5) an electric generating unit can receive a credit only for being available to perform in real time during the tightest intervals of low supply and high demand on the grid, as defined by the commission on a seasonal basis;
(6) a penalty structure is established, resulting in a net benefit to load, for generators that bid into the forward market but do not meet the full obligation;
(7) any program reliability standard reasonably balances the incremental reliability benefits to customers against the incremental costs of the program based on an evaluation by the wholesale electric market monitor;
(8) a single ERCOT-wide clearing price is established for the program and does not differentiate payments or credit values based on locational constraints;
(9) any market changes implemented as a bridge solution for the program are removed not later than the first anniversary of the date the program was implemented;
(10) the independent organization certified under Section 39.151 for the ERCOT power region begins implementing real time co-optimization of energy and ancillary services in the ERCOT wholesale market before the program is implemented;
(11) all elements of the program are initially implemented on a single starting date;
(12) the terms of the program and any associated market rules do not assign costs, credit, or collateral for the program in a manner that provides a cost advantage to load-serving entities who own, or whose affiliates own, generation facilities;
(13) secured financial credit and collateral requirements are adopted for the program to ensure that other market participants do not bear the risk of nonperformance or nonpayment; and
(14) the wholesale electric market monitor has the authority and necessary resources to investigate potential instances of market manipulation by program participants, including financial and physical actions, and recommend penalties to the commission.
(b) This section does not require the commission to adopt a reliability program that requires an entity to purchase capacity credits.
(c) The commission and the independent organization certified under Section 39.151 for the ERCOT power region shall consider comments and recommendations from a technical advisory committee established under the bylaws of the independent organization that includes market participants when adopting and implementing a program described by Subsection (a), if any.
(d) Before the commission adopts a program described by Subsection (a), the commission shall require the independent organization certified under Section 39.151 for the ERCOT power region and the wholesale electric market monitor to complete an updated assessment on the cost to and effects on the ERCOT market of the proposed reliability program and submit to the commission and the legislature a report on the costs and benefits of continuing the program. The assessment must include:
(1) an evaluation of the cost of new entry and the effects of the proposed reliability program on consumer costs and the competitive retail market;
(2) a compilation of detailed information regarding cost offsets realized through a reduction in costs in the energy and ancillary services markets and use of reliability unit commitments;
(3) a set of metrics to measure the effects of the proposed reliability program on system reliability;
(4) an evaluation of the cost to retain existing dispatchable resources in the ERCOT power region;
(5) an evaluation of the planned timeline for implementation of real time co-optimization for energy and ancillary services in the ERCOT power region; and
(6) anticipated market and reliability effects of new and updated ancillary service products.
(e) If the commission adopts a program described by Subsection (a), the commission by rule shall prohibit a generator that receives credits through the program for a dispatchable electric generating unit operated by the generator from decommissioning or removing from service that unit while the generator participates in the program unless the decommissioning or removal from service begins after September 1, 2028, or the commission finds that the decommissioning or removal from service:
(1) is required by or is a result of federal law; or
(2) would alleviate significant financial hardship for the generator.
(f) If the commission adopts a program described by Subsection (a), the wholesale electric market monitor described by Section 39.1515 biennially shall:
(1) evaluate the incremental reliability benefits of the program for consumers compared to the costs to consumers of the program and the costs in the energy and ancillary services markets; and
(2) report the results of each evaluation to the legislature.
Sec. 39.1595. GRID RELIABILITY LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "committee" means the Grid Reliability Legislative Oversight Committee established under this section.
(b) The Grid Reliability Legislative Oversight Committee is created to oversee the commission's implementation of legislation related to the regulation of the electricity market in this state enacted by the 87th and 88th Legislatures.
(c) The committee is composed of eight members as follows:
(1) three members of the senate, appointed by the lieutenant governor;
(2) three members of the house of representatives, appointed by the speaker of the house of representatives;
(3) the chair of the committee of the senate having primary jurisdiction over matters relating to the generation of electricity; and
(4) the chair of the committee of the house having primary jurisdiction over matters relating to the generation of electricity.
(d) An appointed member of the committee serves at the pleasure of the appointing official.
(e) The committee members described by Subsections (c)(3) and (4) serve as presiding co-chairs.
(f) A member of the committee may not receive compensation for serving on the committee but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act.
(g) The committee shall meet at least twice each year at the call of either co-chair and shall meet at other times at the call of either co-chair, as that officer determines appropriate.
(h) Chapter 551, Government Code, applies to the committee.
SECTION 24. (a) This section takes effect only if the Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes becomes law.
(b) Subchapter D, Chapter 39, Utilities Code, is amended by adding Sections 39.166, 39.167, and 39.168 to read as follows:
Sec. 39.166. ELECTRIC INDUSTRY REPORT. (a) Not later than January 15 of each odd-numbered year, the commission, in consultation with the independent organization certified under Section 39.151 for the ERCOT power region, shall prepare and submit to the legislature an electric industry report.
(b) Each electric industry report submitted under this section must:
(1) identify existing and potential transmission and distribution constraints and system needs within the ERCOT power region, alternatives for meeting system needs, and recommendations for meeting system needs;
(2) summarize key findings from:
(A) the grid reliability assessment conducted under Section 39.165; and
(B) the report required by Section 39.9112;
(3) outline basic information regarding the electric grid and market in this state, including generation capacity, customer demand, and transmission capacity currently installed on the grid and projected in the future; and
(4) be presented in plain language that is readily understandable by a person with limited knowledge of the electric industry.
Sec. 39.167. CONFLICTS OF INTEREST REPORT. The commission and the independent organization certified under Section 39.151 for the ERCOT power region annually shall review statutes, rules, protocols, and bylaws that apply to conflicts of interest for commissioners and for members of the governing body of the independent organization and submit to the legislature a report on the effects the statutes, rules, protocols, and bylaws have on the ability of the commission and the independent organization to fulfill their duties.
Sec. 39.168. RETAIL SALES REPORT. (a) Each retail electric provider that offers electricity for sale shall report to the commission:
(1) its annual retail sales in this state;
(2) the annual retail sales of its affiliates by number of customers, kilowatts per hour sold, and revenue from kilowatts per hour sold by customer class; and
(3) any other information the commission requires relating to affiliations between retail electric providers.
(b) The commission by rule shall prescribe the nature and detail of the reporting requirements. The commission may accept information reported under other law to satisfy the requirements of this section. Information reported under this section is confidential and not subject to disclosure if the information is competitively sensitive information. The commission shall administer the reporting requirements in a manner that ensures the confidentiality of competitively sensitive information.
SECTION 25. (a) This section takes effect only if the Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes does not become law.
(b) Subchapter D, Chapter 39, Utilities Code, is amended by adding Sections 39.166, 39.167, and 39.168 to read as follows:
Sec. 39.166. ELECTRIC INDUSTRY REPORT. (a) Not later than January 15 of each odd-numbered year, the commission, in consultation with the independent organization certified under Section 39.151 for the ERCOT power region, shall prepare and submit to the legislature an electric industry report.
(b) Each electric industry report submitted under this section must:
(1) identify existing and potential transmission and distribution constraints and system needs within the ERCOT power region, alternatives for meeting system needs, and recommendations for meeting system needs;
(2) summarize key findings from:
(A) the grid reliability assessment conducted under Section 39.159, as added by Chapter 876 (SB1281), Acts of the 87th Legislature, Regular Session, 2021; and
(B) the report required by Section 39.9112;
(3) outline basic information regarding the electric grid and market in this state, including generation capacity, customer demand, and transmission capacity currently installed on the grid and projected in the future; and
(4) be presented in plain language that is readily understandable by a person with limited knowledge of the electric industry.
Sec. 39.167. CONFLICTS OF INTEREST REPORT. The commission and the independent organization certified under Section 39.151 for the ERCOT power region annually shall review statutes, rules, protocols, and bylaws that apply to conflicts of interest for commissioners and for members of the governing body of the independent organization and submit to the legislature a report on the effects the statutes, rules, protocols, and bylaws have on the ability of the commission and the independent organization to fulfill their duties.
Sec. 39.168. RETAIL SALES REPORT. (a) Each retail electric provider that offers electricity for sale shall report to the commission:
(1) its annual retail sales in this state;
(2) the annual retail sales of its affiliates by number of customers, kilowatts per hour sold, and revenue from kilowatts per hour sold by customer class; and
(3) any other information the commission requires relating to affiliations between retail electric providers.
(b) The commission by rule shall prescribe the nature and detail of the reporting requirements. The commission may accept information reported under other law to satisfy the requirements of this section. Information reported under this section is confidential and not subject to disclosure if the information is competitively sensitive information. The commission shall administer the reporting requirements in a manner that ensures the confidentiality of competitively sensitive information.
SECTION 26. Sections 39.203(e) and (i), Utilities Code, are amended to read as follows:
(e) The commission may require an electric utility or a transmission and distribution utility to construct or enlarge facilities to ensure safe and reliable service for the state's electric markets and to reduce transmission constraints within ERCOT in a cost-effective manner where the constraints are such that they are not being resolved through Chapter 37 or the ERCOT transmission planning process. [The commission shall require an electric utility or a transmission and distribution utility to construct or enlarge transmission or transmission-related facilities for the purpose of meeting the goal for generating capacity from renewable energy technologies under Section 39.904(a).] In any proceeding brought under Chapter 37, an electric utility or transmission and distribution utility ordered to construct or enlarge facilities under this subchapter need not prove that the construction ordered is necessary for the service, accommodation, convenience, or safety of the public and need not address the factors listed in Sections 37.056(c)(1)-(3) and (4)(E). Notwithstanding any other law, including Section 37.057, in any proceeding brought under Chapter 37 by an electric utility or a transmission and distribution utility related to an application for a certificate of public convenience and necessity to construct or enlarge transmission or transmission-related facilities under this subsection, the commission shall issue a final order before the 181st day after the date the application is filed with the commission. If the commission does not issue a final order before that date, the application is approved.
(i) The commission, in cooperation with transmission and distribution utilities and the ERCOT independent system operator, shall study whether existing transmission and distribution planning processes are sufficient to provide adequate infrastructure for seawater desalination projects. If the commission determines that statutory changes are needed to ensure that adequate infrastructure is developed for projects of that kind, the commission shall include recommendations in the report required by Section 12.203 [31.003].
SECTION 27. Section 39.206(q), Utilities Code, is amended to read as follows:
(q) The commission shall, in conjunction with the Nuclear Regulatory Commission, investigate the development of a mechanism whereby the State of Texas could ensure that funds for decommissioning will be obtained when necessary in the same manner as if the State of Texas were the licensee under federal law. [The commission shall file legislative recommendations regarding any changes in law that may be necessary to carry out the purposes of this subsection prior to January 15, 2009, which may be combined with the report required by Section 31.003.]
SECTION 28. Section 39.402(a), Utilities Code, is amended to read as follows:
(a) Until the date on which an electric utility subject to this subchapter is authorized by the commission to implement customer choice, the rates of the utility shall be regulated under traditional cost of service regulation and the utility is subject to all applicable regulatory authority prescribed by this subtitle and Subtitle A, including Chapters 14, 32, 33, 36, and 37. Until the date on which an electric utility subject to this subchapter implements customer choice, the provisions of this chapter, other than this subchapter, Sections 39.1516[, 39.904,] and 39.905, and the provisions relating to the duty to obtain a permit from the Texas Commission on Environmental Quality for an electric generating facility and to reduce emissions from an electric generating facility, shall not apply to that utility. That portion of any commission order entered before September 1, 2001, to comply with this subchapter shall be null and void.
SECTION 29. Section 39.408(g), Utilities Code, is amended to read as follows:
(g) This section expires September 1, 2029 [2023].
SECTION 30. Section 39.452(d), Utilities Code, is amended to read as follows:
(d) Until the date on which an electric utility subject to this subchapter implements customer choice:
(1) the provisions of this chapter do not apply to that electric utility, other than this subchapter, Sections 39.1516[, 39.904,] and 39.905, the provisions relating to the duty to obtain a permit from the Texas Commission on Environmental Quality for an electric generating facility and to reduce emissions from an electric generating facility, and the provisions of Subchapter G that pertain to the recovery and securitization of hurricane reconstruction costs authorized by Sections 39.458-39.463; and
(2) the electric utility is not subject to a rate freeze and, subject to the limitation provided by Subsection (b), may file for rate changes under Chapter 36 and for approval of one or more of the rate rider mechanisms authorized by Sections 39.454 and 39.455.
SECTION 31. Section 39.4525(g), Utilities Code, is amended to read as follows:
(g) This section expires September 1, 2029 [2023].
SECTION 32. Section 39.502(b), Utilities Code, is amended to read as follows:
(b) Until the date on which an electric utility subject to this subchapter implements customer choice, the provisions of this chapter, other than this subchapter and Sections 39.1516[, 39.904,] and 39.905, do not apply to that utility.
SECTION 33. Section 39.504(g), Utilities Code, is amended to read as follows:
(g) This section expires September 1, 2029 [2023].
SECTION 34. Section 39.552(b), Utilities Code, is amended to read as follows:
(b) Until the date on which an electric utility subject to this subchapter implements customer choice, the provisions of this chapter, other than this subchapter and Sections 39.1516[, 39.904,] and 39.905, do not apply to that utility.
SECTION 35. Section 39.9055, Utilities Code, is amended to read as follows:
Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF SEAWATER DESALINATION PROJECTS. The commission and the ERCOT independent system operator shall study the potential for seawater desalination projects to participate in existing demand response opportunities in the ERCOT market. To the extent feasible, the study shall determine whether the operational characteristics of seawater desalination projects enable projects of that kind to participate in ERCOT-operated ancillary services markets or other competitively supplied demand response opportunities. The study shall also determine the potential economic benefit to a seawater desalination project if the project is able to reduce its demand during peak pricing periods. The commission shall include the results of the study in the report required by Section 12.203 [31.003].
SECTION 36. Section 39.908, Utilities Code, is amended to read as follows:
Sec. 39.908. EFFECT OF SUNSET PROVISION. [(a)] If the commission is abolished under Section 12.005 or other law, the [and the other provisions of this title expire as provided by Chapter 325, Government Code (Texas Sunset Act), this subchapter, including the provisions of this title referred to in this subchapter, continues in full force and effect and does not expire.
[(b)
The] authorities, duties, and functions of the commission under this chapter shall be performed and carried out by a successor agency to be designated by the legislature before abolishment of the commission or, if the legislature does not designate the successor, by the secretary of state.
SECTION 37. Subchapter Z, Chapter 39, Utilities Code, is amended by adding Sections 39.9111, 39.9112, and 39.9113 to read as follows:
Sec. 39.9111. RULES RELATED TO RENEWABLE POWER FACILITIES. The commission may adopt rules requiring renewable power facilities to have reactive power control capabilities or any other feasible technology designed to reduce the facilities' effects on system reliability.
Sec. 39.9112. REPORT ON TRANSMISSION AND GENERATION CAPACITY. The commission and the independent organization certified under Section 39.151 for the ERCOT power region shall study the need for increased transmission and generation capacity throughout this state and report to the legislature the results of the study and any recommendations for legislation. The report must be filed with the legislature not later than December 31 of each even-numbered year.
Sec. 39.9113. RENEWABLE ENERGY CREDITS. To facilitate voluntary contractual obligations and verify claims regarding environmental attributes of renewable energy production in this state, the independent organization certified under Section 39.151 for the ERCOT power region shall maintain an accreditation and banking system to award and track voluntary renewable energy credits generated by eligible facilities.
SECTION 38. Section 39.916(a), Utilities Code, is amended by amending Subdivision (1) and adding Subdivision (4) to read as follows:
(1) "Distributed renewable generation" means electric generation with a capacity of not more than 2,000 kilowatts provided by a renewable energy technology[, as defined by Section 39.904,] that is installed on a retail electric customer's side of the meter.
(4) "Renewable energy technology" means any technology that relies exclusively on an energy source that is naturally regenerated over a short time and is derived from the sun directly or indirectly or from moving water or other natural movements or mechanisms of the environment. The term includes a technology that relies on energy derived from the sun directly, on wind, geothermal, hydroelectric, wave, or tidal energy, or on biomass or biomass-based waste products, including landfill gas. The term does not include a technology that relies on an energy resource derived from a fossil fuel, a waste product from a fossil fuel, or a waste product from an inorganic source.
SECTION 39. The heading to Section 39.918, Utilities Code, is amended to read as follows:
Sec. 39.918. UTILITY FACILITIES FOR POWER RESTORATION AFTER SIGNIFICANT [WIDESPREAD] POWER OUTAGE.
SECTION 40. Section 39.918, Utilities Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:
(a) In this section, "significant ["widespread] power outage" means an event that [results in]:
(1) results in a loss of electric power that:
(A) affects a significant number of distribution customers of a transmission and distribution utility[;] and
[(B)] has lasted or is expected to last for at least six [eight] hours;
(B) affects distribution customers of a transmission and distribution utility in an area for which the governor has issued a disaster or emergency declaration;
(C) affects distribution customers served by a radial transmission or distribution facility, creates a risk to public health or safety, and has lasted or is expected to last for at least 12 hours; or
(D) creates [and
[(2)] a risk to public health or safety because it affects a critical infrastructure facility that serves the public such as a hospital, health care facility, law enforcement facility, fire station, or water or wastewater facility; or
(2) causes the independent system operator to order a transmission and distribution utility to shed load.
(a-1) The Texas Division of Emergency Management, the independent organization certified under Section 39.151 for the ERCOT power region, or the executive director of the commission may determine that a power outage other than an outage described by Subsection (a) is a significant power outage for the purposes of this section.
(b) Notwithstanding any other provision of this subtitle, a transmission and distribution utility may:
(1) lease and operate facilities that provide temporary emergency electric energy to aid in restoring power to the utility's distribution customers during a significant [widespread] power outage in which:
(A) the independent system operator has ordered the utility to shed load; or
(B) the utility's distribution facilities are not being fully served by the bulk power system under normal operations; and
(2) procure, own, and operate, or enter into a cooperative agreement with other transmission and distribution utilities to procure, own, and operate jointly, transmission and distribution facilities that have a lead time of at least six months and would aid in restoring power to the utility's distribution customers following a significant [widespread] power outage. In this section, long lead time facilities may not be electric energy storage equipment or facilities under Chapter 35, Utilities Code.
SECTION 41. Section 40.001(a), Utilities Code, is amended to read as follows:
(a) Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), and 39.203, [and 39.904,] this chapter governs the transition to and the establishment of a fully competitive electric power industry for municipally owned utilities. With respect to the regulation of municipally owned utilities, this chapter controls over any other provision of this title, except for sections in which the term "municipally owned utility" is specifically used.
SECTION 42. Section 40.004, Utilities Code, is amended to read as follows:
Sec. 40.004. JURISDICTION OF COMMISSION. Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:
(1) to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A, Chapter 35;
(2) to regulate certification of retail service areas to the extent provided by Chapter 37;
(3) to regulate rates on appeal under Subchapters D and E, Chapter 33, subject to Section 40.051(c);
(4) to establish a code of conduct as provided by Section 39.157(e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054;
(5) to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203;
(6) to administer [the renewable energy credits program under Section 39.904(b) and] the natural gas energy credits program under Section 39.9044(b);
(7) to require reports of municipally owned utility operations only to the extent necessary to:
(A) enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or
(B) enable the commission to determine information relating to market power as provided by Section 39.155; and
(8) to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516(a)(3) or (4).
SECTION 43. Section 41.001, Utilities Code, is amended to read as follows:
Sec. 41.001. APPLICABLE LAW. Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), and 39.203, [and 39.904,] this chapter governs the transition to and the establishment of a fully competitive electric power industry for electric cooperatives. Regarding the regulation of electric cooperatives, this chapter shall control over any other provision of this title, except for sections in which the term "electric cooperative" is specifically used.
SECTION 44. Section 52.060, Utilities Code, is amended to read as follows:
Sec. 52.060. ADMINISTRATIVE FEE OR ASSESSMENT. The commission may prescribe and collect a fee or assessment from local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under this subchapter and Section 12.203 [52.006].
SECTION 45. Section 13.4132, Water Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Section 5.505, the term of an emergency order issued under this section by the utility commission or the commission may not exceed 360 days. The emergency order may be renewed:
(1) once for a period not to exceed 360 days; or
(2) if the utility is undergoing a sale, transfer, merger, consolidation, or acquisition required to be reported to the utility commission under Section 13.301, for a reasonable time until the sale, transfer, merger, consolidation, or acquisition is complete.
SECTION 46. (a) The following provisions are repealed:
(1) Section 304.201, Business & Commerce Code;
(2) Section 31.003, Utilities Code;
(3) Section 39.155(b), Utilities Code;
(4) Section 39.904, Utilities Code;
(5) Section 39.916(g), Utilities Code;
(6) Section 39.918(k), Utilities Code; and
(7) Section 52.006, Utilities Code.
(b) Section 34, Chapter 426 (SB 3), Acts of the 87th Legislature, Regular Session, 2021, is repealed.
SECTION 47. The Public Utility Commission of Texas is not required to conduct the first review of an allowance under Section 35.004(d-3), Utilities Code, as added by this Act, until the fifth year after the adoption of the rules required by Section 35.004(d-1), Utilities Code, as added by this Act.
SECTION 48. The Public Utility Commission of Texas shall adopt rules as necessary to implement the changes in law made by this Act to Section 35.004, Utilities Code, not later than the 180th day after the effective date of this Act.
SECTION 49. The changes in law made by this Act to Section 35.004, Utilities Code, apply only to an electric generation facility that executes a standard generator interconnection agreement with a transmission-owning utility after December 31, 2025.
SECTION 50. (a) The presiding officer of the Public Utility Commission of Texas shall designate a commissioner to serve a term on the governing body of the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region that begins January 1, 2024, to comply with Section 39.151(g-1), Utilities Code, as amended by this Act.
(b) Except as provided by Subsection (c) of this section, Section 12.059, Utilities Code, as amended by this Act, applies to a member of the Public Utility Commission of Texas appointed before, on, or after the effective date of this Act.
(c) A member of the Public Utility Commission of Texas who, before the effective date of this Act, completed the training program required by Section 12.059, Utilities Code, as that law existed before the effective date of this Act, is only required to complete additional training on the subjects added by this Act to the training program required by Section 12.059, Utilities Code. A commission member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission held on or after December 1, 2023, until the member completes the additional training.
SECTION 51. The Public Utility Commission of Texas shall require the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region to implement the program required by Section 39.159(d), Utilities Code, as added by this Act, not later than December 1, 2024.
SECTION 52. (a) The Public Utility Commission of Texas shall prepare the portions of the report required by Section 39.1591(2), Utilities Code, as added by this Act, only for reports due on or after December 1, 2024.
(b) The Public Utility Commission of Texas shall implement Section 39.1592, Utilities Code, as added by this Act, not later than December 1, 2027.
(c) Notwithstanding Subsection (b) of this section and the deadline provided by Section 39.1592(b), Utilities Code, as added by this Act, an owner or operator of an electric generation facility to which Section 39.1592(b), Utilities Code, as added by this Act, applies shall make the first demonstration required by that subsection not later than January 1, 2028.
(d) The Public Utility Commission of Texas and the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region shall:
(1) conduct a study on whether implementing an alternative to the single market clearing price for energy, ancillary services, and other products would reduce costs to residential and small commercial customers or their load-serving entities, such as paying generators the price bid and not the additional amounts up to the highest cost generator needed to clear the market;
(2) analyze:
(A) whether cost savings can be achieved for consumers, or load-serving entities serving residential and small commercial consumers, by:
(i) limiting generators that have received state or federal subsidies to receiving the price bid by that type of generator; or
(ii) limiting a generator to receiving the price bid by that generator; and
(B) if a pay as bid mechanism is used or a single market clearing price mechanism is retained, whether non-dispatchable and dispatchable generation facilities should bid into separate markets for ERCOT power region products such that the generation facilities are directly competing against technologies with similar attributes; and
(3) report the results of the study and analysis conducted under this subsection to the legislature not later than December 1, 2025.
SECTION 53. (a) Except as provided by Subsection (b) of this section, notwithstanding the repeal by this Act of Section 39.904, Utilities Code, the Public Utility Commission of Texas by rule shall adopt a program to apply that section as it existed immediately before the effective date of this Act, and to apply other statutes that referred to that section immediately before the effective date of this Act, as if that section had not been repealed by this Act and the other statutes that referred to that section had not been repealed or amended by this Act.
(b) Under Subsection (a) of this section, the statutes described in that subsection must be applied as if Section 39.904 were applicable only to renewable energy technologies that exclusively rely on an energy source that is naturally regenerated over a short time and derived directly from the sun.
(c) This section expires September 1, 2025, and the Public Utility Commission of Texas shall phase out the program required by Subsection (a) of this section so that it terminates on that date.
SECTION 54. The changes in law made by this Act to Section 15.023, Utilities Code, apply only to a violation committed on or after the effective date of this Act. A violation committed before the effective date of this Act is governed by the law in effect when the violation was committed, and the former law is continued in effect for that purpose.
SECTION 55. It is the intent of the 88th Legislature, Regular Session, 2023, that the amendments made by this Act be harmonized with another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 56. This Act takes effect September 1, 2023.
HB 1500 - REMARKS
REPRESENTATIVE HOLLAND: HB 1500 is the sunset bill for PUC, ERCOT, and OPUC. This bill continues the Public Utility Commission of Texas and the Office of Public Utility Council for six years and ensures only the agencies—not their statutes—are subject to abolishment. ERCOT would also be reviewed at that time. The conferees agreed to remove three of the amendments that the senate added. Specifically, the conference committee report does not include provisions similar to SB 624 and provisions related to distributed energy resources or demand response programs. The conferees accepted the senate's other amendments and negotiated and made a number of changes to address industry and member concerns. This bill retains the $1 billion annual PCM cost cap, includes a firming requirement, and requires the PUC to direct TDUs to perform a circuit-segmentation study. It makes several other changes on timelines.
I would like to thank all of the members for their support in getting these important improvements finalized, as well as the stakeholders, our Sunset Agency staff, Chairman Hunter, our speaker, and our staff members—Bob Paulsen, Ginny Holloway, Kory Curtis, and Angie Flores, as well as members of Dr. Schwertner's office.
Representative Holland moved to adopt the conference committee report on HB 1500.
The motion to adopt the conference committee report on HB 1500 prevailed by (Record 2213): 140 Yeas, 1 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; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; 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; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Dutton.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Hayes; Johnson, J.D.
STATEMENT OF VOTE
When Record No. 2213 was taken, I was in the house but away from my desk. I would have voted yes.
Hayes
SB 1727 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Canales submitted the conference committee report on SB 1727.
Representative Canales moved to adopt the conference committee report on SB 1727.
The motion to adopt the conference committee report on SB 1727 prevailed by (Record 2214): 110 Yeas, 31 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Clardy; Cole; Collier; Cook; Cortez; Darby; Davis; DeAyala; Dutton; Flores; Frank; Gámez; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Hayes; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kitzman; Klick; Kuempel; Lalani; Landgraf; Leach; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Neave Criado; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Spiller; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Ashby; Bailes; Cain; Capriglione; Craddick; Cunningham; Dean; Dorazio; Gates; Gerdes; Harris, C.J.; Harrison; Hefner; Isaac; King, K.; Lambert; Leo-Wilson; Meza; Price; Rogers; Schaefer; Schatzline; Slawson; Smithee; Stucky; Swanson; Thompson, S.; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Bell, C.; Jetton.
STATEMENT OF VOTE
When Record No. 2214 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
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).
HB 30 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Moody submitted the following conference committee report on HB 30:
Austin, Texas, May 25, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 30 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 30, A bill to be entitled An Act relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.108, Government Code, is amended by adding Subsection (d) to read as follows:
(d) The exception to disclosure provided by Subsection (a)(2) does not apply to information, records, or notations if:
(1) a person who is described by or depicted in the information, record, or notation, other than a peace officer, is deceased or incapacitated; or
(2) each person who is described by or depicted in the information, record, or notation, other than a person who is deceased or incapacitated, consents to the release of the information, record, or notation.
SECTION 2. The change in law made by this Act applies only to a request for public information received by a governmental body or an officer for public information on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
Representative Moody moved to adopt the conference committee report on HB 30.
The motion to adopt the conference committee report on HB 30 prevailed by (Record 2215): 125 Yeas, 15 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Bryant; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; Dutton; Flores; Frank; Gámez; Gates; 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; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Slawson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wu; Zwiener.
Nays — Clardy; Dorazio; Gerdes; Harrison; Hefner; Isaac; Schatzline; Schofield; Smith; Smithee; Spiller; Stucky; Swanson; Tinderholt; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Ashby; DeAyala; Toth.
STATEMENTS OF VOTE
When Record No. 2215 was taken, I was in the house but away from my desk. I would have voted no.
Ashby
When Record No. 2215 was taken, I was in the house but away from my desk. I would have voted yes.
DeAyala
When Record No. 2215 was taken, I was shown voting yes. I intended to vote no.
Noble
When Record No. 2215 was taken, I was shown voting yes. I intended to vote no.
Price
When Record No. 2215 was taken, I was shown voting yes. I intended to vote no.
Schaefer
HB 12 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Rose submitted the following conference committee report on HB 12:
Austin, Texas, May 27, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 12 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 12, A bill to be entitled An Act relating to the duration of services provided under Medicaid to women following a pregnancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LEGISLATIVE PURPOSE. Out of the state's profound respect for the lives of mothers and unborn children, Medicaid coverage is extended for mothers whose pregnancies end in the delivery of the child or end in the natural loss of the child.
SECTION 2. Section 32.024(l-1), Human Resources Code, is amended to read as follows:
(l-1) The commission shall continue to provide medical assistance to a woman who is eligible for medical assistance for pregnant women for a period of not less than:
(1) six months following the date the woman delivers or experiences an involuntary miscarriage; and
(2) 12 months that begins on the last day of the woman's pregnancy and ends on the last day of the month in which the 12-month period ends in accordance with Section 1902(e)(16), Social Security Act (42 U.S.C. Section 1396a(e)(16)).
SECTION 3. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall, in accordance with Section 1902(e)(16), Social Security Act (42 U.S.C. Section 1396a(e)(16)), seek from the appropriate federal agency an amendment to the state's Medicaid state plan to implement Section 32.024(l-1)(2), Human Resources Code, as added by this Act. The commission may delay implementing this Act until the state plan amendment is approved.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.
Representative Rose moved to adopt the conference committee report on HB 12.
The motion to adopt the conference committee report on HB 12 prevailed by (Record 2216): 134 Yeas, 9 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; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson(C); Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Slawson; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Dorazio; Harrison; Isaac; Leo-Wilson; Schaefer; Smith; Smithee; Swanson; Tinderholt.
Present, not voting — Mr. Speaker.
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Schatzline.
STATEMENTS OF VOTE
When Record No. 2216 was taken, I was shown voting no. I intended to vote yes.
Smith
When Record No. 2216 was taken, I was shown voting yes. I intended to vote no.
Toth
When Record No. 2216 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 3440 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Canales submitted the following conference committee report on HB 3440:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3440 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 3440, A bill to be entitled An Act relating to the governmental bodies required to post on the Internet agendas for meetings under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.056(b), Government Code, is amended to read as follows:
(b) In addition to the other place at which notice or an agenda of a meeting is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting and the agenda for the meeting on the Internet website of the governmental body or economic development corporation:
(1) a municipality;
(2) a county;
(3) a school district;
(4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code;
(5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code);
(6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; [and]
(7) a joint board created under Section 22.074, Transportation Code; and
(8) a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
SECTION 2. Section 551.056(c), Government Code, is repealed.
SECTION 3. Section 551.056(b), Government Code, as amended by this Act, applies only to an open meeting held on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.
Representative Canales moved to adopt the conference committee report on HB 3440.
The motion to adopt the conference committee report on HB 3440 prevailed by (Record 2217): 140 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; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; 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; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Rogers; Romero; Rose; Rosenthal; Schaefer; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Hayes; Reynolds; Schatzline.
HB 915 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Craddick submitted the following conference committee report on HB 915:
Austin, Texas, May 27, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 915 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 915, A bill to be entitled An Act relating to a requirement that employers post notice of certain information regarding reporting instances of workplace violence or suspicious activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter 104A to read as follows:
CHAPTER 104A. REPORTING WORKPLACE VIOLENCE
Sec. 104A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce Commission.
(2) "Employee" means an individual who is employed by an employer for compensation.
(3) "Employer" means a person who employs one or more employees.
Sec. 104A.002. NOTICE BY EMPLOYER. Each employer shall post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety. The notice must be posted:
(1) in a conspicuous place in the employer's place of business;
(2) in sufficient locations to be convenient to all employees; and
(3) in English and Spanish, as appropriate.
Sec. 104A.003. RULES. The commission, in consultation with the Department of Public Safety, by rule shall prescribe the form and content of the notice required by this section. The rules must require that the notice:
(1) contain the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety; and
(2) inform employees of the right to make a report to the Department of Public Safety anonymously.
SECTION 2. Not later than March 1, 2024, the Texas Workforce Commission shall adopt rules as required by Section 104A.003, Labor Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.
Representative Craddick moved to adopt the conference committee report on HB 915.
The motion to adopt the conference committee report on HB 915 prevailed by (Record 2218): 121 Yeas, 18 Nays, 2 Present, not voting.
Yeas — Allen; Allison; 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; Dorazio; Dutton; Flores; Frank; Gámez; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hernandez; Hinojosa; Holland; Howard; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, K.; King, T.; Kitzman; Klick; Lalani; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Rogers; Romero; Rose; Rosenthal; Schofield; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anchía; Cain; Dean; Gerdes; Harrison; Hefner; Hull; Isaac; Leo-Wilson; Reynolds; Schaefer; Sherman; Slawson; Swanson; Tepper; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Davis; DeAyala; Kuempel; Schatzline.
STATEMENTS OF VOTE
When Record No. 2218 was taken, I was shown voting no. I intended to vote yes.
Anchía
When Record No. 2218 was taken, I was in the house but away from my desk. I would have voted yes.
Kuempel
SB 1933 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Smith submitted the conference committee report on SB 1933.
Representative Smith moved to adopt the conference committee report on SB 1933.
The motion to adopt the conference committee report on SB 1933 prevailed by (Record 2219): 84 Yeas, 58 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Murr; Noble; Oliverson; Ordaz; Orr; Paul; Price; Raney; Rogers; Schaefer; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Canales; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Patterson(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Schatzline.
STATEMENTS OF VOTE
When Record No. 2219 was taken, I was shown voting yes. I intended to vote no.
T. King
When Record No. 2219 was taken, I was shown voting yes. I intended to vote no.
E. Morales
When Record No. 2219 was taken, I was shown voting yes. I intended to vote no.
Ordaz
(Goldman in the chair)
HR 2440 - ADOPTED
(by Cook)
The following privileged resolution was laid before the house:
HR 2440
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 17 (official misconduct by and removal of prosecuting attorneys) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill in proposed SECTION 1 of the bill, by adding to the definition of "official misconduct" in added Sections 87.011(3)(B) and (C), Local Government Code, a prosecuting attorney's adoption or enforcement of a policy instructing "law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law".
Explanation: The change is necessary to ensure that a prosecuting attorney may not avoid committing official misconduct, as defined and amended by the bill, by instructing law enforcement to refuse to arrest individuals whom the attorney is prohibited from refusing to prosecute.
(2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTION to the bill:
SECTION 2. Subchapter B, Chapter 87, Local Government Code, is amended by adding Section 87.0131 to read as follows:
Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in an action alleging a prosecuting attorney committed official misconduct described by Section 87.011(3)(C) that the prosecuting attorney took action immediately on discovering an attorney employed by or otherwise under the direction or control of the prosecuting attorney was acting as described by Section 87.011(3)(C).
Explanation: The change is necessary to provide a defense in a removal action alleging certain official misconduct committed by a prosecuting attorney, if the attorney took immediate action on discovering the misconduct was occurring.
HR 2440 was adopted by (Record 2220): 87 Yeas, 51 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Morales, E.; Morrison; Murr; Noble; Oliverson; Ordaz; Orr; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Cole; Collier; Cortez; Davis; Dutton; Gámez; Gervin-Hawkins; González, J.; Goodwin; Hernandez; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Muñoz; Neave Criado; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Flores; González, M.; Moody; Morales Shaw; Patterson.
STATEMENTS OF VOTE
When Record No. 2220 was taken, I was shown voting yes. I intended to vote no.
Campos
When Record No. 2220 was taken, I was shown voting yes. I intended to vote no.
Guerra
HB 17 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Cook submitted the following conference committee report on HB 17:
Austin, Texas, May 27, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 17 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 17, A bill to be entitled An Act relating to official misconduct by and removal of prosecuting attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.011, Local Government Code, is amended by amending Subdivision (3) and adding Subdivisions (4) and (5) to read as follows:
(3) "Official misconduct" means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes:
(A) an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law;
(B) a prosecuting attorney's adoption or enforcement of a policy of refusing to prosecute a class or type of criminal offense under state law or instructing law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law, except a policy adopted:
(i) in compliance with state law or an injunction, judgment, or other court order;
(ii) in response to a reasonable evidentiary impediment to prosecution; or
(iii) to provide for diversion or similar conditional dismissals of cases when permissible under state law; or
(C) permitting an attorney who is employed by or otherwise under the direction or control of the prosecuting attorney to refuse to prosecute a class or type of criminal offense under state law or instruct law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law for any reason other than a reason described by Paragraph (B)(i), (ii), or (iii).
(4) "Policy" means an instruction or directive expressed in any manner.
(5) "Prosecuting attorney" means a district attorney or a county attorney with criminal jurisdiction.
SECTION 2. Subchapter B, Chapter 87, Local Government Code, is amended by adding Section 87.0131 to read as follows:
Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in an action alleging a prosecuting attorney committed official misconduct described by Section 87.011(3)(C) that the prosecuting attorney took action immediately on discovering an attorney employed by or otherwise under the direction or control of the prosecuting attorney was acting as described by Section 87.011(3)(C).
SECTION 3. Section 87.015, Local Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (b-1) to read as follows:
(b) A petition for removal of an officer other than a prosecuting attorney may be filed by any [Any] resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county [may file the petition]. At least one of the parties who files the petition must swear to it at or before the filing.
(b-1) A petition for removal of a prosecuting attorney may be filed by any resident of this state who, at the time of the alleged cause of removal, lives and has lived for at least six months in the county in which the alleged cause of removal occurred and who is not currently charged with a criminal offense in that county. At least one of the parties who files the petition must swear to it at or before the filing.
(c) A [The] petition for removal of an officer other than a prosecuting attorney must be addressed to the district judge of the court in which it is filed. A petition for removal of a prosecuting attorney must be addressed to the presiding judge of the administrative judicial region in which the petition is filed. The petition must set forth the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits.
SECTION 4. Subchapter B, Chapter 87, Local Government Code, is amended by adding Section 87.0151 to read as follows:
Sec. 87.0151. ASSIGNMENT OF JUDGE IN CERTAIN CASES. (a) Immediately after a petition for removal of a prosecuting attorney is filed under Section 87.015, the district clerk shall deliver a copy of the petition to the presiding judge of the administrative judicial region in which the court sits.
(b) On receiving a petition for removal of a prosecuting attorney under Subsection (a), the presiding judge of the administrative judicial region shall assign a district court judge of a judicial district that does not include the county in which the petition was filed to conduct the removal proceedings.
SECTION 5. Section 87.018, Local Government Code, is amended by amending Subsections (e) and (f) and adding Subsections (g) and (h) to read as follows:
(e) In a proceeding to remove a county attorney who is not a prosecuting attorney from office, the district attorney shall represent the state. If the county does not have a district attorney, the county attorney from an adjoining county, as selected by the commissioners court of the county in which the proceeding is pending, shall represent the state.
(f) In a proceeding to remove a prosecuting attorney [the county attorney or district attorney] from office, the presiding judge of the administrative judicial region in which the petition for removal was filed shall appoint a prosecuting [the county] attorney from another judicial district or county, as applicable, in the administrative judicial region to [from an adjoining county, as selected by the commissioners court of the county in which the proceeding is pending, shall] represent the state [if the attorney who would otherwise represent the state under this section is also the subject of a pending removal proceeding].
(g) In a proceeding to remove a prosecuting attorney from office, a prosecuting attorney's public statement establishing that the prosecuting attorney adopted or enforced or intends to adopt or enforce a policy described by Section 87.011(3)(B) or permitted or intends to permit an attorney who is employed by or otherwise under the direction or control of the prosecuting attorney to act as described by Section 87.011(3)(C) creates a rebuttable presumption that the prosecuting attorney committed official misconduct.
(h) In a trial in which a prosecuting attorney is accused of committing official misconduct under Section 87.011(3)(B) or (C), a court may award reasonable attorney's fees and costs the prosecuting attorney personally spent related to the conduct of the proceeding on finding that the prosecuting attorney did not adopt or enforce a policy described by Section 87.011(3)(B) or permit an attorney who is employed by or otherwise under the direction or control of the prosecuting attorney to act as described by Section 87.011(3)(C), as applicable.
SECTION 6. The changes in law made by this Act apply only to an action taken or public statement made by a prosecuting attorney on or after the effective date of this Act.
SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.
Representative Cook moved to adopt the conference committee report on HB 17.
The motion to adopt the conference committee report on HB 17 prevailed by (Record 2221): 83 Yeas, 58 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; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Frank; Gates; Gerdes; Geren; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Kacal; King, K.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lozano; Lujan; Metcalf; Meyer; Moody; Morrison; Murr; Noble; Oliverson; Orr; Paul; Price; Raney; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Wilson.
Nays — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Cole; Collier; Cortez; Davis; Dutton; Flores; Gámez; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; King, T.; Lalani; Longoria; Lopez, R.; Manuel; Martinez; Martinez Fischer; Meza; Morales, C.; Morales, E.; Muñoz; Neave Criado; Ordaz; Ortega; Perez; Plesa; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Morales Shaw; Patterson.
STATEMENTS OF VOTE
When Record No. 2221 was taken, I was shown voting yes. I intended to vote no.
Canales
When Record No. 2221 was taken, I was in the house but away from my desk. I would have voted no.
Morales Shaw
HB 621 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Buckley submitted the following conference committee report on HB 621:
Austin, Texas, May 25, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 621 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 621, A bill to be entitled An Act relating to creating a temporary certification to teach career and technology education for certain military service members and first responders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0444 to read as follows:
Sec. 21.0444. TEMPORARY CERTIFICATION FOR CERTAIN MILITARY SERVICE MEMBERS AND FIRST RESPONDERS. (a) In this section, "first responder" means a person elected, employed, or appointed as:
(1) a peace officer as defined by Article 2.12, Code of Criminal Procedure;
(2) fire protection personnel as defined by Section 419.021, Government Code; or
(3) emergency medical services personnel as defined by Section 773.003, Health and Safety Code.
(b) This section applies to a person seeking certification to teach career and technology education who:
(1) has served in the armed forces of the United States and was honorably discharged, retired, or released from active duty; or
(2) has served as a first responder and, while in good standing and not because of pending or final disciplinary actions or a documented performance problem, retired, resigned, or separated from employment as a first responder.
(c) The board shall propose rules under this subchapter providing for the issuance of a temporary certificate to teach career and technology education to a person described by Subsection (b) who meets all other eligibility requirements for standard certification to teach career and technology education, except that the person may substitute for a requirement that the person hold:
(1) an associate degree from an accredited institution of higher education, 48 months of active duty military service or service as a first responder; or
(2) a bachelor's degree:
(A) the military service or service as a first responder described by Subdivision (1); and
(B) 60 semester credit hours completed at a public or private institution of higher education with a minimum grade point average of at least 2.50 on a four-point scale.
(d) Rules proposed by the board for a temporary certificate issued under this section must provide that the certificate is:
(1) valid for no more than three years;
(2) limited to a one-time issuance; and
(3) not subject to renewal.
(e) A person issued a temporary certificate under this section may be issued a standard certificate if the person completes all eligibility requirements required for that certification.
(f) A school district shall require a new employee who holds a temporary certificate issued under this section to obtain at least 20 hours of classroom management training, unless the new employee has documented experience as an instructor or trainer during the employee's required 48 months of active duty military service or service as a first responder.
SECTION 2. Section 21.458, Education Code, is amended by amending Subsection (a) and adding Subsection (a-2) to read as follows:
(a) Except as provided by Subsection (a-2), each [Each] school district may assign a mentor teacher to each classroom teacher who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned. A teacher assigned as a mentor must:
(1) to the extent practicable, teach in the same school;
(2) to the extent practicable, teach the same subject or grade level, as applicable; and
(3) meet the qualifications prescribed by commissioner rules adopted under Subsection (b).
(a-2) A school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under Section 21.0444 for at least two school years.
SECTION 3. As soon as practicable after the effective date of this Act, the State Board for Educator Certification shall propose rules relating to temporary certificates to teach career and technology education for certain military service members and first responders as required by Section 21.0444, Education Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.
Representative Buckley moved to adopt the conference committee report on HB 621.
The motion to adopt the conference committee report on HB 621 prevailed by (Record 2222): 113 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bonnen; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gates; Gerdes; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hinojosa; Holland; Hull; Hunter; Isaac; Jetton; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Lopez, J.; Lopez, R.; Lozano; Lujan; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Ortega; Paul; Perez; Price; Raney; Raymond; Rogers; Rosenthal; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Wilson; Zwiener.
Nays — Bhojani; Bowers; Bryant; Cole; Collier; Davis; Gámez; Gervin-Hawkins; Hernandez; Jones, J.; Jones, V.; Longoria; Manuel; Martinez; Martinez Fischer; Morales, C.; Neave Criado; Plesa; Ramos; Reynolds; Romero; Rose; Thierry; Walle; Wu.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Howard; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Patterson.
STATEMENTS OF VOTE
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Anchía
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Flores
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Lalani
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Morales Shaw
When Record No. 2222 was taken, I was shown voting yes. I intended to vote no.
Rosenthal
HB 1595 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Bonnen submitted the following conference committee report on HB 1595:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1595 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 1595, A bill to be entitled An Act relating to the administration and investment of, and distribution and use of money from, certain constitutional and statutory funds to support general academic teaching institutions in achieving national prominence as major research universities and driving the state economy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.406(c), Education Code, is amended to read as follows:
(c) A rule or policy of a state agency, including the Texas Higher Education Coordinating Board, in effect on June 1, 2011, that requires reporting by a university system or an institution of higher education has no effect on or after September 1, 2013, unless the rule or policy is affirmatively and formally readopted before that date by formal administrative rule published in the Texas Register and adopted in compliance with Chapter 2001, Government Code. This subsection does not apply to:
(1) a rule or policy for which the authorizing statute is listed in Subsection (b);
(2) a rule or policy for which the authorizing statute is repealed on or before September 1, 2013, by legislation enacted by the legislature that becomes law; or
(3) a report required under any of the following provisions:
(A) Article 59.06(g)(1), Code of Criminal Procedure;
(B) Section 51.005;
(C) Section 51.0051;
(D) Subchapter F-1 of this chapter;
(E) Section 51.402;
(F) Section 56.039;
(G) Section 61.059;
(H) [Section 62.095(b);
[(I)] Section 62.098;
(I) [(J)] Section 411.187(b), Government Code;
(J) [(K)] Subchapter C, Chapter 606, Government Code;
(K) [(L)] Subchapter E, Chapter 815, Government Code; or
(L) [(M)] Chapter 1551, Insurance Code.
SECTION 2. Section 62.092(2), Education Code, is amended to read as follows:
(2) "Eligible institution" means a general academic teaching institution as defined by Section 61.003, other than:
(A) The University of Texas at Austin or Texas A&M University; or
(B) an institution of higher education described by Section 62.132(2) or 62.145.
SECTION 3. Section 62.095, Education Code, is amended to read as follows:
Sec. 62.095. APPROPRIATION OF FUND TO ELIGIBLE INSTITUTIONS. [(a)] In each state fiscal year, amounts shall be appropriated to eligible institutions in the same manner that research performance funding is appropriated to institutions eligible to receive funding from the Texas University Fund under Section 62.1482(a) [based on the average amount of restricted research funds expended by each institution per year for the three preceding state fiscal years].
[(b)
For purposes of Subsection (a), the amount of restricted research funds expended by an institution in a fiscal year is the amount of those funds as reported to the coordinating board by the institution for that fiscal year, subject to any adjustment by the coordinating board in accordance with the standards and accounting methods the coordinating board prescribes under Section 62.096.]
SECTION 4. The heading to Subchapter F-1, Chapter 62, Education Code, is amended to read as follows:
SUBCHAPTER F-1. NATIONAL [CORE] RESEARCH SUPPORT FUND
SECTION 5. Section 62.131, Education Code, is amended to read as follows:
Sec. 62.131. PURPOSE. The national [core] research support fund is established to provide funding to promote increased research capacity at certain institutions of higher education eligible to participate in the available university fund [emerging research universities].
SECTION 6. Section 62.132, Education Code, is amended by amending Subdivisions (2) and (3) and adding Subdivision (4) to read as follows:
(2) "Eligible institution" means a general academic teaching [an] institution [of higher education] that:
(A) is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution;
(B) spent on average at least the following amount in federal and private research funds per state fiscal year during the preceding three state fiscal years:
(i) for the state fiscal year beginning September 1, 2023, $20 million; or
(ii) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this paragraph for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the coordinating board on the basis of changes in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency; and
(C) awarded on average at least 45 research doctoral degrees per academic year during the preceding three academic years [is designated as an emerging research university under the coordinating board's accountability system].
(3) "Fund" means the national [core] research support fund.
(4) "General academic teaching institution" has the meaning assigned by Section 61.003.
SECTION 7. Section 62.133, Education Code, is amended to read as follows:
Sec. 62.133. FUNDING. The national [core] research support fund consists of money appropriated by the legislature to eligible institutions for the purposes of this subchapter.
SECTION 8. Subchapter F-1, Chapter 62, Education Code, is amended by adding Section 62.1335 to read as follows:
Sec. 62.1335. ELIGIBILITY TO RECEIVE DISTRIBUTIONS FROM FUND. (a) A general academic teaching institution becomes eligible to receive an initial distribution of money appropriated under this subchapter for a state fiscal year if the institution:
(1) is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution;
(2) spent on average at least $20 million in federal and private research funds per state fiscal year during the preceding three state fiscal years; and
(3) awarded on average at least 45 research doctoral degrees per academic year during the preceding three academic years.
(b) A general academic teaching institution that becomes eligible to receive a distribution of money under this subchapter remains eligible to receive a distribution in each subsequent state fiscal year.
SECTION 9. Section 62.134, Education Code, is amended to read as follows:
Sec. 62.134. APPROPRIATION OF FUND TO ELIGIBLE INSTITUTIONS. In each state fiscal year, amounts shall be appropriated to eligible institutions in the same manner that research performance funding is appropriated to institutions eligible to receive funding from the Texas University Fund under Section 62.1482 [as follows:
[(1)
50 percent based on the average amount of restricted research funds expended by each institution per year for the three preceding state fiscal years, determined in the manner described by Section 62.095(b); and
[(2)
50 percent based on the average amount of total research funds expended by each institution per year for the three preceding state fiscal years, determined in the manner described by Section 62.053(b)].
SECTION 10. The heading to Subchapter G, Chapter 62, Education Code, is amended to read as follows:
SUBCHAPTER G. TEXAS [NATIONAL RESEARCH] UNIVERSITY FUND
SECTION 11. Section 62.141, Education Code, is amended to read as follows:
Sec. 62.141. PURPOSE. The purpose of this subchapter is to allocate appropriations from the Texas University Fund [national research university fund] to provide a dedicated, independent, and equitable source of funding to enable certain general academic teaching institutions [emerging research universities in this state] to achieve national prominence as major research universities and drive the state economy.
SECTION 12. Section 62.142, Education Code, is amended by amending Subdivision (3) and adding Subdivision (5) to read as follows:
(3) "Fund" means the Texas University Fund [national research university fund].
(5) "Trust company" means the Texas Treasury Safekeeping Trust Company.
SECTION 13. Section 62.143, Education Code, is amended to read as follows:
Sec. 62.143. ADMINISTRATION AND INVESTMENT OF FUND. (a) The Texas University Fund [national research university fund] is a fund outside the state treasury held by [in the custody of] the comptroller and administered by the trust company.
(b) The trust company [comptroller] shall administer and invest the fund in accordance with Section 20, Article VII, Texas Constitution.
(c) The trust company shall determine the amount available for distribution from the fund in accordance with a distribution policy adopted by the comptroller that is designed to:
(1) preserve the purchasing power of the fund's assets over an economic cycle, subject to the liquidity needs of the fund; and
(2) provide as nearly as practicable a stable and predictable stream of annual distributions.
SECTION 14. Section 62.144, Education Code, is amended to read as follows:
Sec. 62.144. FUNDING. (a) The fund consists of:
(1) money [any amounts] appropriated or transferred to the credit of the fund;
(2) gifts and grants contributed to the fund; and
(3) the interest and other earnings attributable to the investment of money in the fund [under the Texas Constitution or otherwise appropriated or transferred to the credit of the fund under this section or another law].
(b) [The comptroller shall deposit to the credit of the fund all interest, dividends, and other income earned from investment of the fund.
[(c)] The comptroller may solicit and accept gifts or grants from any public or private source for the fund.
SECTION 15. Section 62.145, Education Code, is amended to read as follows:
Sec. 62.145. ELIGIBILITY TO RECEIVE DISTRIBUTIONS FROM FUND. (a) The following general academic teaching institutions are eligible to receive distributions under this subchapter for each state fiscal year:
(1) Texas State University;
(2) Texas Tech University;
(3) the University of Houston; and
(4) the University of North Texas.
(b) A general academic teaching institution not listed in Subsection (a) becomes eligible to receive an initial distribution of money appropriated under this subchapter for a state fiscal year if:
(1) the institution:
(A) is not entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution;
(B) spent on average at least the following amount in federal and private research funds per state fiscal year during the preceding three state fiscal years:
(i) for the state fiscal year beginning September 1, 2023, $20 million; or
(ii) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this paragraph for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the coordinating board on the basis of changes in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency; and
(C) awarded on average at least 45 research doctoral degrees per academic year during the preceding three academic years; and
(2) the legislature appropriates money to the fund in an amount that is sufficient to ensure as nearly as practicable a stable and predictable stream of annual distributions from the fund to each eligible institution and may not be less than the difference between:
(A) the quotient of:
(i) the market value of the fund on September 1 of the state fiscal year in which the institution would receive the initial distribution; and
(ii) the difference between one and the institution's percentage share of the fund for the state fiscal year in which the institution would receive the initial distribution, as determined by coordinating board rule; and
(B) the market value of the fund on September 1 of the state fiscal year in which the institution would receive the initial distribution [is designated as an emerging research university under the coordinating board's accountability system;
[(2)
in each of the two state fiscal years preceding the state fiscal year for which the appropriation is made, the institution expended at least $45 million in restricted research funds; and
[(3)
the institution satisfies at least four of the following criteria:
[(A)
the value of the institution's endowment funds is at least $400
million in each of the two state fiscal years preceding the state fiscal year for which the appropriation is made;
[(B)
the institution awarded at least 200 doctor of philosophy degrees during each of the two academic years preceding the state fiscal year for which the appropriation is made;
[(C)
the entering freshman class of the institution for each of those two academic years demonstrated high academic achievement, as determined according to standards prescribed by the coordinating board by rule, giving consideration to the future educational needs of the state as articulated in the coordinating board's "Closing the Gaps" report;
[(D)
the institution is designated as a member of the Association of Research Libraries or has a Phi Beta Kappa chapter or has received an equivalent recognition of research capabilities and scholarly attainment as determined according to standards prescribed by the coordinating board by rule;
[(E)
the faculty of the institution for each of those two academic years was of high quality, as determined according to coordinating board standards based on the professional achievement and recognition of the institution's faculty, including the election of faculty members to national academies; and
[(F)
for each of those two academic years, the institution has demonstrated a commitment to high-quality graduate education, as determined according to standards prescribed by the coordinating board by rule, including standards relating to the number of graduate-level programs at the institution, the institution's admission standards for graduate programs, and the level of institutional support for graduate students].
(c) [(b)] A general academic teaching institution that becomes eligible to receive a distribution of money under this subchapter remains eligible to receive a distribution in each subsequent state fiscal year.
SECTION 16. Sections 62.148(a), (b), and (c), Education Code, are amended to read as follows:
(a) In each state fiscal year, the comptroller shall distribute to eligible institutions in accordance with this subchapter [section] money appropriated from the fund for that fiscal year.
(b) The total amount appropriated from the fund for any state fiscal year may not exceed an amount equal to 7.0 [4.5] percent of the average net market value of the investment assets of the fund, as determined by the comptroller, for a period set by comptroller policy [the 12 consecutive state fiscal quarters ending with the last quarter of the preceding state fiscal year, as determined by the comptroller].
(c) The [Subject to Subsection (e), of the total] amount appropriated from the fund for distribution in a state fiscal year must be allocated as follows:
(1) 75 percent to the permanent endowment for education and research base funding under Section 62.1481; and
(2) 25 percent to the research performance funding under Section 62.1482[, each eligible institution is entitled to a distribution in an amount equal to the sum of:
[(1)
one-seventh of the total amount appropriated; and
[(2)
an equal share of any amount remaining after distributions are calculated under Subdivision (1), not to exceed an amount equal to one-fourth of that remaining amount].
SECTION 17. Subchapter G, Chapter 62, Education Code, is amended by adding Sections 62.1481 and 62.1482 to read as follows:
Sec. 62.1481. PERMANENT ENDOWMENT FOR EDUCATION AND RESEARCH BASE FUNDING. (a) For each state fiscal year, an eligible institution is entitled to a distribution of a portion of the total amount allocated for the permanent endowment for education and research base funding under Section 62.148(c)(1) for that fiscal year. The portion to which an eligible institution is entitled is a fraction computed as follows:
(1) subject to Subsection (c), for an institution that spent at least the amount determined under Subsection (b) in federal and private research funds in each of the preceding two state fiscal years, an amount computed by dividing two by the sum of:
(A) the number of institutions entitled to receive a distribution under this subdivision multiplied by two; and
(B) the number of institutions to which Subdivision (2) applies; or
(2) for an institution not described by Subdivision (1), half the amount to which an institution to which Subdivision (1) applies is entitled.
(b) For purposes of Subsection (a)(1), the minimum amount in federal and private research funds required to be spent in each of the preceding two state fiscal years is:
(1) for the state fiscal year beginning September 1, 2023, $45 million; or
(2) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this subsection for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the coordinating board on the basis of changes in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency.
(c) An eligible institution is entitled to receive a distribution under Subsection (a)(1) only if:
(1) in each of the state fiscal years beginning September 1, 2020, and September 1, 2021, the institution spent at least the amount in federal and private research funds described by that subdivision; or
(2) the legislature appropriates money to the fund in an amount required by Section 62.145(b)(2).
(d) An eligible institution that becomes eligible to receive a distribution under Subsection (a)(1) remains eligible to receive a distribution under that subdivision in each subsequent state fiscal year.
Sec. 62.1482. RESEARCH PERFORMANCE FUNDING. (a) From 85 percent of the amount allocated for research performance funding under Section 62.148(c)(2) for a state fiscal year, an eligible institution is entitled to a distribution for that fiscal year in an amount proportionate to the average amount of federal and private research funds the institution spends per state fiscal year during the preceding three state fiscal years as compared to the average amount of those funds all eligible institutions spend per state fiscal year during that period.
(b) From 15 percent of the amount allocated for research performance funding under Section 62.148(c)(2) for a state fiscal year, an eligible institution is entitled to a distribution for that fiscal year in an amount proportionate to the average number of research doctoral degrees the institution awards per academic year during the preceding three academic years as compared to the average number of those degrees all eligible institutions award per academic year during that period.
(c) The coordinating board by rule shall establish a method for determining the amounts to which each eligible institution is entitled under this section.
SECTION 18. Sections 62.149(a) and (b), Education Code, are amended to read as follows:
(a) An eligible institution may use money received under this subchapter only for the support and maintenance of educational and general activities that promote increased research capacity at the institution in a manner that aligns with the goals of the state's master plan for higher education developed under Section 61.051.
(b) For purposes of Subsection (a), the use of money shall be limited to the following permitted activities:
(1) providing faculty support and paying faculty salaries;
(2) purchasing equipment or library materials;
(3) paying graduate stipends; [and]
(4) supporting research performed at the institution, including undergraduate research;
(5) increasing technology transfer, commercialization, and patent development; and
(6) increasing the number of research doctoral graduates in this state.
SECTION 19. Subchapter G, Chapter 62, Education Code, is amended by adding Sections 62.150, 62.151, and 62.152 to read as follows:
Sec. 62.150. INSTITUTIONAL ENDOWMENT REPORTING. (a) In this section, "institutional endowment fund" means a fund established to support a general academic teaching institution's mission in perpetuity.
(b) For purposes of reporting the amount of an institution's institutional endowment funds, each eligible institution may include as a true endowment, in accordance with coordinating board rule, the institution's share of the market value of the fund corresponding to the share of the permanent endowment for education and research base funding to which the institution is entitled for a state fiscal year as provided by Section 62.1481.
Sec. 62.151. DETERMINATION AND REPORT OF AMOUNT OF DISTRIBUTIONS. For each state fiscal biennium, the Legislative Budget Board, in consultation with the coordinating board, shall:
(1) determine the amount of each distribution from the fund to which each eligible institution is entitled as provided by this subchapter; and
(2) report the determinations made under Subdivision (1) to the legislature and the comptroller.
Sec. 62.152. RULES. The coordinating board may adopt rules as necessary to implement this subchapter.
SECTION 20. The following provisions of Chapter 62, Education Code, are repealed:
(1) Sections 62.096(a), (b), and (e);
(2) Section 62.135(b);
(3) Section 62.142(2);
(4) Sections 62.146 and 62.147; and
(5) Sections 62.148(d), (e), and (f).
SECTION 21. This Act takes effect January 1, 2024, but only if the constitutional amendment proposed by the 88th Legislature, Regular Session, 2023, relating to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.
Representative Bonnen moved to adopt the conference committee report on HB 1595.
The motion to adopt the conference committee report on HB 1595 prevailed by (Record 2223): 128 Yeas, 12 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; Campos; Canales; Capriglione; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; Dean; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Cain; Clardy; Harrison; Hayes; Johnson, J.D.; Schaefer; Schatzline; Swanson; Tinderholt; Toth; Vasut; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Leo-Wilson; Slawson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 2223 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 2223 was taken, I was in the house but away from my desk. I would have voted no.
Slawson
HB 3372 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Thimesch submitted the following conference committee report on HB 3372:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3372 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
|
HB 3372, A bill to be entitled An Act relating to the reporting of political contributions, including in-kind contributions, and expenditures made using a credit card.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.044 to read as follows:
Sec. 254.044. REPORTING OF POLITICAL CONTRIBUTIONS AND EXPENDITURES MADE USING CREDIT CARD. (a) A candidate or officeholder who accepts a political contribution made using a credit card shall:
(1) for a political contribution for which a processing fee is deducted by the credit card issuer from the political contribution amount:
(A) report as a political contribution the full amount, including the deducted amount; and
(B) report as a political expenditure the deducted amount; and
(2) for a political contribution for which a processing fee is paid by the person making the political contribution in excess of the political contribution amount, report only as a political contribution the full amount the candidate or officeholder accepts, not including the amount paid in excess of the political contribution amount.
(b) A candidate or officeholder who accepts a political contribution described by Subsection (a)(2) is not required to report the excess amount paid as a processing fee by the person making the political contribution.
SECTION 2. Section 254.044, Election Code, as added by this Act, applies only to a report of political contributions and expenditures under Chapter 254, Election Code, that is required to be filed on or after January 1, 2024.
SECTION 3. This Act takes effect September 1, 2023.
Representative Thimesch moved to adopt the conference committee report on HB 3372.
The motion to adopt the conference committee report on HB 3372 prevailed by (Record 2224): 141 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Allison; 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; Gates; Gerdes; Geren; Gervin-Hawkins; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Schaefer; Schatzline; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Anchía; Rosenthal.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
HR 2432 - ADOPTED
(by Bonnen)
The following privileged resolution was laid before the house:
HR 2432
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 3447 (the establishment and administration of the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting proposed SECTIONS 1 and 2 of the bill. The omitted text reads:
SECTION 1. Chapter 61, Education Code, is amended by adding Subchapter V-1 to read as follows:
SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
Sec. 61.921. DEFINITIONS. In this subchapter:
(1) "Consortium" means the Texas Aerospace Research and Space Economy Consortium.
(2) "Executive committee" means the executive committee of the consortium.
Sec. 61.922. ESTABLISHMENT; PURPOSE. The Texas Aerospace Research and Space Economy Consortium is established to:
(1) identify research opportunities for entities within this state that:
(A) strengthen this state's proven leadership in civil, commercial, and military aerospace activity;
(B) enhance this state's position in aeronautics research and development, astronautics, space commercialization, and space flight infrastructure; and
(C) enhance the integration of the space, aeronautics, astronautics, and aviation industries into this state's economy; and
(2) provide funding and research recommendations to the Texas Space Commission established under Section 481.552, Government Code.
Sec. 61.923. CONSORTIUM COMPOSITION. The consortium is composed of:
(1) each institution of higher education; and
(2) any other entity that the executive committee considers necessary.
Sec. 61.924. ADMINISTRATIVE ATTACHMENT. (a) The consortium is administratively attached to the board for the purpose of receiving and administering appropriations and other funds under this subchapter. The board is not responsible for providing to the consortium staff, human resources, contract monitoring, purchasing, or any other administrative support services.
(b) The board may not use funds intended to carry out the purposes of this subchapter for any costs incurred by the board under this subchapter.
Sec. 61.925. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an independent executive committee composed of the following nine members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house of representatives;
(4) the chancellor of The Texas A&M University System or the chancellor's designee;
(5) the chancellor of The University of Texas System or the chancellor's designee; and
(6) the president of Rice University or the president's designee.
(b) In making appointments under Subsection (a), the governor, the lieutenant governor, and the speaker of the house of representatives, respectively, shall:
(1) prioritize appointing individuals with experience in:
(A) aeronautics;
(B) space economic development; and
(C) academic engagement with the space economy; and
(2) ensure that the appointments reflect, to the extent possible, the ethnic and geographic diversity of this state.
(c) A vacancy on the executive committee is filled in the same manner as the initial appointment.
(d) The executive committee shall:
(1) elect a presiding officer from among the members of the committee; and
(2) meet at the call of the presiding officer.
Sec. 61.926. GIFTS, GRANTS, AND DONATIONS. The executive committee may solicit and accept on behalf of the consortium gifts, grants, or donations from any public or private source for the purpose of carrying out this subchapter.
Sec. 61.927. GENERAL DUTIES. (a) The executive committee shall:
(1) develop and execute a comprehensive statewide strategic plan to further the purposes of the consortium;
(2) gather and coordinate recommendations from consortium members on funding and research opportunities in accordance with the purposes of the consortium; and
(3) establish procedures and policies for the administration of the consortium, including:
(A) procedures for documenting compliance by members of the committee and consortium and consortium staff with applicable laws governing conflicts of interest;
(B) designation of a member of the committee as the committee's liaison to the Texas Space Commission established under Section 481.552, Government Code; and
(C) procedures for entering into contracts with The Texas A&M University System as necessary for that system to provide administrative and staff support to the consortium.
(b) A member of the consortium under Section 61.923 may participate in consortium fact-finding, strategic planning, and the formation of recommendations for purposes of Subsections (a)(1) and (a)(2). Before assisting the executive committee as provided by this subsection, a member of the consortium must designate a liaison to the executive committee to represent that member.
Sec. 61.928. BIENNIAL REPORT. Not later than December 31 of each even-numbered year, the executive committee shall submit to the Texas Space Commission established under Section 481.552, Government Code, a written report that includes for that biennium:
(1) the activities and objectives of the consortium;
(2) a synopsis of the funding and research opportunities identified by the consortium under Section 61.927(a);
(3) legislative recommendations, if any;
(4) prospective grants or funding the consortium members expect to receive, if any; and
(5) research accomplishments associated with the consortium, if any.
SECTION 2. Chapter 481, Government Code, is amended by adding Subchapter FF to read as follows:
SUBCHAPTER FF. TEXAS SPACE COMMISSION
Sec. 481.551. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of the commission.
(2) "Commission" means the Texas Space Commission.
(3) "Fund" means the Space Exploration and Aeronautics Research Fund.
(4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas Space Commission is established to strengthen this state's proven leadership in civil, commercial, and military aerospace activity.
(b) The purpose of the commission is to promote innovation in the fields of space exploration and commercial aerospace opportunities, including the integration of space, aeronautics, and aviation industries into the economy of this state.
Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. (a) The commission is governed by a nine-member board of directors. The board is composed of:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant governor; and
(3) three members appointed by the governor from a list of names submitted by the speaker of the house of representatives.
(b) In making appointments or selecting persons for inclusion on the list submitted to the governor under Subsection (a), the governor, lieutenant governor, and speaker of the house of representatives shall prioritize appointing or selecting, as applicable, individuals with experience in:
(1) commercial aerospace;
(2) civil aviation;
(3) military aerospace;
(4) space economic development;
(5) space-related academic research; and
(6) nonprofit support of the space economy.
(c) Members of the board serve two-year terms and may be reappointed for additional terms.
(d) A vacancy on the board is filled in the same manner as the initial appointment.
(e) The board shall:
(1) elect a presiding officer from among the members of the board;
(2) appoint an executive director of the commission and determine the title, functions, duties, powers, and salary of the executive director; and
(3) adopt rules as necessary to implement the duties of the commission under this subchapter.
(f) The executive director of the commission may hire staff as necessary to implement the duties of the commission under this subchapter.
Sec. 481.554. ADMINISTRATIVE ATTACHMENT. (a) The commission is administratively attached to the office of the governor.
(b) The office of the governor shall provide the commission staff and facilities as necessary to assist the commission in performing the commission's duties under this subchapter.
Sec. 481.555. AUTHORITY. The commission may, as necessary to perform the commission's duties under this subchapter:
(1) execute contracts and other documents, including by authorizing one or more members of the commission to execute contracts and other documents on behalf of the commission;
(2) conduct proceedings and other activities;
(3) establish and create boards, committees, or other entities, which may include an advisory board composed of representatives of military, federal government, and private aeronautic entities, and delegate authority or duties to those entities;
(4) provide financial services to support aerospace-related development within this state, including by:
(A) capitalizing, underwriting, leasing, selling, or securing funding for aerospace-related infrastructure; and
(B) acquiring, accepting, or administering grants and contracts to perform activities consistent with the commission's purpose;
(5) execute intergovernmental agreements and development agreements consistent with existing law, including with institutions of higher education and nonprofit entities; and
(6) engage in the planning and implementation of aerospace-related educational opportunities within this state in coordination with the Texas Aerospace Research and Space Economy Consortium established under Section 61.922, Education Code.
Sec. 481.556. STRATEGIC PLAN. (a) The commission shall develop and annually update a strategic plan for the promotion of space, aeronautics, and aviation economic development in this state.
(b) The strategic plan must include a list of potential projects that further the purpose of the commission, and, for each project:
(1) the estimated total cost for completion, including a potential state matching cost; and
(2) an assessment of the availability of external funding sources.
(c) The strategic plan may include any other information the commission determines is relevant to furthering the purpose of the commission.
(d) The board shall submit the strategic plan to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 31 of each year.
Sec. 481.557. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND; GRANTS. (a) The commission shall establish the Space Exploration and Aeronautics Research Fund to provide grants to eligible entities as provided by this section.
(b) The fund is a trust fund outside the treasury with the comptroller and administered by the commission.
(c) The fund is composed of:
(1) gifts, grants, or donations provided to the commission; and
(2) money from any source designated by the legislature.
(d) Using money available in the fund, the commission may provide grants to eligible entities described by Subsection (e) for the purposes of:
(1) development of emerging technologies required for any aspect of human space flight;
(2) research involving any aspect of space exploration and space flight;
(3) workforce training to promote space exploration and space flight; and
(4) curation of post-mission materials involved in space exploration and space flight.
(e) The following entities are eligible for a grant made under this section:
(1) a business or nonprofit entity involved in the space exploration, research, or aeronautics industry; and
(2) a governmental entity with which the commission has entered into an intergovernmental agreement for that purpose.
(f) The commission shall establish procedures for the administration and approval of grants made under this section, including procedures to ensure that a grant provided under this section is in the public interest and serves the public purpose of economic development and diversification.
Explanation: The change is necessary to allow the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium to be established under a new chapter of the Government Code.
(2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding SECTION 1 of the bill to read as follows:
SECTION 1. Subtitle F, Title 4, Government Code, is amended by adding Chapter 482 to read as follows:
CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 482.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the commission.
(2) "Commission" means the Texas Space Commission.
(3) "Fund" means the space exploration and aeronautics research fund.
(4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
SUBCHAPTER B. TEXAS SPACE COMMISSION
Sec. 482.101. ESTABLISHMENT; PURPOSE. (a) The Texas Space Commission is established to strengthen this state's proven leadership in civil, commercial, and military aerospace activity.
(b) The purpose of the commission is to promote innovation in the fields of space exploration and commercial aerospace opportunities, including the integration of space, aeronautics, and aviation industries into the economy of this state.
Sec. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The commission is administratively attached to the office of the governor, and the office of the governor shall provide administrative support to the commission as provided by this section. The equal employment opportunity officer and the internal auditor of the office of the governor shall serve the same functions for the commission as they serve for the office of the governor.
(b) The office of the governor and the board shall enter into a memorandum of understanding detailing:
(1) the administrative support the commission requires from the office of the governor to fulfill the purposes of this chapter;
(2) the reimbursement of administrative expenses to the office of the governor; and
(3) any other provisions available by law to ensure the efficient operation of the commission as attached to the office of the governor.
Sec. 482.103. SUNSET PROVISION. The commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2032.
Sec. 482.104. STATE AUDITOR. Nothing in this chapter limits the authority of the state auditor under Chapter 321 or other law.
Sec. 482.105. BOARD OF DIRECTORS. (a) The commission is governed by a nine-member board of directors. The board is composed of:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant governor; and
(3) three members appointed by the speaker of the house of representatives.
(b) In making appointments under Subsection (a), the governor, lieutenant governor, and speaker of the house of representatives shall prioritize appointing individuals with experience in:
(1) commercial aerospace;
(2) civil aviation;
(3) military aerospace;
(4) space economic development;
(5) space-related academic research; and
(6) nonprofit support of the space economy.
(c) Members of the board appointed by the governor, lieutenant governor, and speaker of the house serve at the pleasure of the appointing office for staggered six-year terms, with the terms of two members expiring on January 31 of each odd-numbered year.
(d) If a vacancy occurs on the board, the appropriate appointing authority shall appoint a successor, in the same manner as the original appointment, to serve for the remainder of the unexpired term. The appropriate appointing authority shall appoint the successor not later than the 30th day after the date the vacancy occurs.
(e) Not later than the 30th day after the date a board member's term expires, the appropriate appointing authority shall appoint a replacement.
(f) The board shall elect a presiding officer from among the members of the board.
Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall hire an executive director. The executive director shall perform the duties required by this chapter and any duty delegated by the board.
(b) The executive director must have a demonstrated ability to lead and develop academic, commercial, military, or governmental partnerships and coalitions.
(c) The executive director may hire staff as necessary to implement the duties of the commission under this chapter.
Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The board shall:
(1) direct the activities of, establish goals for, and provide oversight to the commission;
(2) develop and execute a strategic plan in accordance with Section 482.201;
(3) establish the appropriate standards and executive bodies to ensure the proper use of funds authorized under this chapter for research and facilities development;
(4) identify research and funding opportunities for entities within this state that:
(A) strengthen and enhance this state's proven leadership position in civil, commercial, and military aeronautics research and development and space flight infrastructure;
(B) enhance the integration of the space, aeronautics, astronautics, and aviation industries into this state's economy; and
(C) promote and further research involving materials derived from or developed through space exploration and space flight;
(5) capitalize, promote, and assist in the development of workforce training to further the development of emerging technologies required for all aspects of space exploration; and
(6) solicit proposals on funding and research opportunities related to the objectives in this chapter from the Texas Aerospace Research and Space Economy Consortium established under Subchapter G.
(b) The board shall employ a chief compliance officer to monitor and report to the board regarding compliance with this chapter and rules adopted under this chapter. The chief compliance officer shall ensure that all grant proposals comply with this chapter and rules adopted under this chapter before the proposals are submitted to the board for approval.
(c) The board may:
(1) establish ad hoc advisory committees as necessary to carry out the board's duties under this chapter;
(2) adopt and use an official seal;
(3) solicit and accept gifts or grants, and contract with any entity;
(4) acquire and convey property or an interest in property;
(5) procure insurance and pay premiums on insurance of any type, in accounts, and from insurers as the board considers necessary and advisable to accomplish any of the commission's purposes;
(6) make grants to public or private persons with an established presence within this state to encourage economic development related to space and aerospace;
(7) make grants to enhance the capacity of institutions of higher education to participate in and support classified research;
(8) provide matching funding to external funding provided by relevant federal agencies, private industry, or private research organizations; and
(9) engage in the planning and implementation of aerospace-related educational opportunities within this state in coordination with the Texas Aerospace Research and Space Economy Consortium established under Subchapter G.
SUBCHAPTER C. STRATEGIC PLAN
Sec. 482.201. STRATEGIC PLAN. (a) The commission shall develop and annually update a strategic plan for the promotion of space, aeronautics, and aviation economic development in this state.
(b) The strategic plan must include a list of potential projects that further the purpose of the commission, and, for each project:
(1) the estimated total cost for completion, including a potential state matching cost; and
(2) an assessment of the availability of external funding sources.
(c) The strategic plan may include any other information the commission determines is relevant to furthering the purpose of the commission.
(d) The board shall submit the strategic plan to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 31 of each year.
SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND; ESTABLISHMENT. (a) The space exploration and aeronautics research fund is established to provide grants to eligible entities as provided by this chapter.
(b) The fund is a trust fund outside the treasury with the comptroller and administered by the commission.
(c) The fund is composed of:
(1) gifts, grants, and donations provided to the commission; and
(2) money from any source designated by the legislature.
Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND; GRANTS. (a) Using money available in the fund, the commission may provide grants to eligible entities described by Subsection (b) for the purposes of:
(1) development of emerging technologies required for any aspect of human space flight;
(2) research involving any aspect of space exploration and space flight;
(3) workforce training to promote space exploration and space flight;
(4) curation of post-mission materials involved in space exploration and space flight; and
(5) development of infrastructure useful or necessary for the establishment or maintenance of a spaceport.
(b) The following entities are eligible for a grant made under this subchapter:
(1) a business or nonprofit entity involved in the space exploration, research, or aeronautics industry; and
(2) a governmental entity with which the commission has entered into an intergovernmental agreement for that purpose.
(c) The board shall comply with the provisions of this chapter in developing the procedures for administration and approval of grants through the fund.
(d) The commission shall provide written notification to the Legislative Budget Board not later than the 30th day after the date a grant award is made from the fund.
SUBCHAPTER E. ETHICS AND AUDIT
Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall adopt conflict-of-interest rules to govern members of the board and commission employees.
(b) A board member or commission employee shall recuse himself or herself, as provided by Section 482.402, if the board member or employee, or a person who is related to the board member or employee within the second degree of affinity or consanguinity, has a professional or financial interest in an entity receiving or applying to receive money from the commission.
(c) A person has a financial interest in an entity receiving or applying to receive money from the commission if the person:
(1) owns or controls, directly or indirectly, an ownership interest, including sharing in profits, proceeds, or capital gains, in an entity, or in a foundation or similar organization affiliated with an entity, receiving or applying to receive money from the commission; or
(2) could reasonably foresee that an action or recommendation by the board or commission could result in a financial benefit to the person.
(d) Nothing in this subchapter limits the authority of the board to adopt additional conflict-of-interest standards.
Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL. (a) If a board member has a conflict of interest as described by Section 482.401 regarding an application that comes before the board for review or other action, the board member shall:
(1) provide written notice to the executive director and the presiding officer of the board or the next ranking member of the board if the presiding officer has the conflict of interest;
(2) disclose the conflict of interest in an open meeting of the board; and
(3) recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.
(b) If a commission employee has a conflict of interest described by Section 482.401 regarding an application that comes before the employee for review or other action, the employee shall:
(1) provide written notice to the executive director of the conflict of interest; and
(2) recuse himself or herself from participating in the review of the application and be prevented from accessing information regarding the matter to be decided.
(c) A board member or commission employee with a conflict of interest may seek a waiver as provided by Section 482.403.
(d) A board member or commission employee who reports a potential conflict of interest or another impropriety or self-dealing of the member or employee and who fully complies with the recommendations of the general counsel and recusal requirements is considered in compliance with the conflict-of-interest provisions of this subchapter. The member or employee is subject to other applicable laws, rules, requirements, and prohibitions.
(e) A board member or commission employee who intentionally violates this section is subject to removal from further participation in the commission's review process.
Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST. (a) The board shall adopt rules governing the waiver of the conflict-of-interest requirements of this subchapter under exceptional circumstances for a board member or commission employee. The rules must:
(1) authorize the executive director or a board member to propose granting a waiver by submitting to the presiding officer of the board a written statement about the conflict of interest, the exceptional circumstance requiring the waiver, and any proposed limitations to the waiver;
(2) require a proposed waiver to be publicly reported at a meeting of the board;
(3) require a majority vote of the board members present and voting to grant a waiver; and
(4) require the commission to retain documentation of each waiver granted.
(b) The board shall adopt rules governing the investigation and consequences of unreported conflicts of interest.
Sec. 482.404. CODE OF CONDUCT. (a) The board shall adopt a code of conduct applicable to each board member and commission employee.
(b) The code of conduct at a minimum must include provisions prohibiting the member, the employee, or the member's or employee's spouse from:
(1) accepting or soliciting any gift, favor, or service that could reasonably influence the member or employee in the discharge of official duties or that the member, employee, or spouse of the member or employee knows or should know is being offered with the intent to influence the member's or employee's official conduct;
(2) accepting employment or engaging in any business or professional activity that would reasonably require or induce the member or employee to disclose confidential information acquired in the member's or employee's official position;
(3) accepting other employment or compensation that could reasonably impair the member's or employee's independent judgment in the performance of official duties;
(4) making personal investments or having a financial interest that could reasonably create a substantial conflict between the member's or employee's private interest and the member's or employee's official duties;
(5) intentionally or knowingly soliciting, accepting, or agreeing to accept any benefit for exercising the member's official powers or performing the member's or employee's official duties in favor of another;
(6) leasing, directly or indirectly, any property, capital equipment, employee, or service to any entity that receives a grant from the commission;
(7) submitting a grant application for funding by the board;
(8) serving on the board of directors of an organization established with a grant from the commission; or
(9) serving on the board of directors of a grant recipient.
SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The board shall adopt rules regarding the procedure for awarding grants to an applicant under this chapter, including a procedure for the Texas Aerospace Research and Space Economy Consortium to make recommendations to the board for grant awards.
(b) The board may not award a grant to an applicant who has made a gift or grant to the commission or a nonprofit organization established to provide support to the commission.
Sec. 482.502. MULTIYEAR PROJECTS. The board may grant money for a multiyear project. The board shall specify the total amount of money approved to fund the multiyear project. The total amount specified is considered for purposes of this subchapter to have been awarded in the state fiscal year that the project is approved by the board. The board shall distribute only the money that will be expended during that fiscal year. The board shall distribute the remaining grant money as the money is needed in each subsequent state fiscal year.
Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board shall establish standards to ensure that grant recipients purchase goods and services from suppliers in this state to the extent reasonably possible, in a good faith effort to achieve a goal of more than 50 percent of those purchases from suppliers in this state.
Sec. 482.504. GRANT EVALUATION. (a) The executive director shall determine the grant review process under this section. The executive director may terminate grants that do not meet contractual obligations.
(b) The executive director shall report at least annually to the board on the progress and continued merit of each grant funded by the commission.
(c) The board shall establish and implement reporting requirements to ensure that each grant recipient complies with the terms and conditions in the grant contract, including verification of the amounts of matching money dedicated to the research that is the subject of the grant award to the grant recipient.
(d) The commission shall implement a system to:
(1) track the dates on which grant recipient reports are due and are received by the commission; and
(2) monitor the status of any required report that is not timely submitted to the commission by a grant recipient.
Sec. 482.505. GRANT RECORDS. The commission shall maintain complete records of:
(1) the review of each grant application submitted to the board, including an application reviewed in accordance with rules adopted under this chapter, even if the grant application is not funded by the board or is withdrawn after submission;
(2) each grant recipient's financial reports, including the amount of matching money dedicated to the research specified for the grant award;
(3) each grant recipient's progress reports; and
(4) the board's review of the grant recipient's financial reports and progress reports.
SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
Sec. 482.601. DEFINITIONS. In this subchapter:
(1) "Consortium" means the Texas Aerospace Research and Space Economy Consortium.
(2) "Executive committee" means the executive committee of the consortium.
Sec. 482.602. SUNSET PROVISION. The consortium is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the consortium is abolished and this subchapter expires September 1, 2032.
Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas Aerospace Research and Space Economy Consortium is established to:
(1) identify research opportunities for entities within this state that:
(A) strengthen this state's proven leadership in civil, commercial, and military aerospace activity;
(B) enhance this state's position in aeronautics research and development, astronautics, space commercialization, and space flight infrastructure; and
(C) enhance the integration of the space, aeronautics, astronautics, and aviation industries into this state's economy; and
(2) provide funding and research recommendations to the commission.
Sec. 482.604. CONSORTIUM COMPOSITION. The consortium is composed of:
(1) each institution of higher education; and
(2) any other entity that the executive committee considers necessary.
Sec. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium is administratively attached to the office of the governor for the purpose of receiving and administering appropriations and other funds under this subchapter. The office of the governor is not responsible for providing to the consortium staff, human resources, contract monitoring, purchasing, or any other administrative support services.
Sec. 482.606. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an independent executive committee composed of the following nine members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house of representatives;
(4) the chancellor of The Texas A&M University System or the chancellor's designee;
(5) the chancellor of The University of Texas System or the chancellor's designee; and
(6) the president of Rice University or the president's designee.
(b) In making appointments under Subsection (a), the governor, the lieutenant governor, and the speaker of the house of representatives, respectively, shall:
(1) prioritize appointing individuals with experience in:
(A) aeronautics;
(B) space economic development; and
(C) academic engagement with the space economy; and
(2) ensure that the appointments reflect, to the extent possible, the ethnic and geographic diversity of this state.
(c) A vacancy on the executive committee is filled in the same manner as the initial appointment.
(d) The executive committee shall:
(1) elect a presiding officer from among the members of the committee; and
(2) meet at the call of the presiding officer.
Sec. 482.607. GIFTS, GRANTS, AND DONATIONS. The executive committee may solicit and accept on behalf of the consortium gifts, grants, or donations from any public or private source for the purpose of carrying out this subchapter.
Sec. 482.608. GENERAL DUTIES. (a) The executive committee shall:
(1) develop and execute a comprehensive statewide strategic plan to further the purposes of the consortium;
(2) gather and coordinate recommendations from consortium members on funding and research opportunities in accordance with the purposes of the consortium; and
(3) establish procedures and policies for the administration of the consortium, including:
(A) procedures for documenting compliance by members of the committee and consortium and consortium staff with applicable laws governing conflicts of interest;
(B) designation of a member of the committee as the committee's liaison to the commission; and
(C) procedures for entering into contracts with The Texas A&M University System as necessary for that system to provide administrative and staff support to the consortium.
(b) A member of the consortium may participate in consortium fact-finding and strategic planning and the formation of recommendations for purposes of Subsections (a)(1) and (a)(2). Before assisting the executive committee as provided by this subsection, a member of the consortium must designate a liaison to the executive committee to represent that member.
Sec. 482.609. BIENNIAL REPORT. Not later than December 31 of each even-numbered year, the executive committee shall submit to the commission a written report that includes for that biennium:
(1) the activities and objectives of the consortium;
(2) a synopsis of the funding and research opportunities identified by the consortium;
(3) legislative recommendations, if any;
(4) prospective grants or funding the consortium members expect to receive, if any; and
(5) research accomplishments associated with the consortium, if any.
Explanation: The change is necessary to establish the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium as entities administratively attached to the office of the governor under a new chapter of the Government Code and to provide certain governance and other requirements applicable to those entities.
HR 2432 was adopted by (Record 2225): 132 Yeas, 6 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; 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; Dorazio; Dutton; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; 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; Lalani; 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; Ordaz; Orr; Ortega; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thimesch; Thompson, E.; Tinderholt; Troxclair; Turner; VanDeaver; Vasut; Vo; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Hayes; Schaefer; Schatzline; Swanson; Toth.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Bailes; Johnson, J.D.; Plesa; Thierry; Thompson, S.
STATEMENTS OF VOTE
When Record No. 2225 was taken, I was shown voting yes. I intended to vote no.
Harrison
When Record No. 2225 was taken, my vote failed to register. I would have voted yes.
Thierry
HB 3447 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Bonnen submitted the following conference committee report on HB 3447:
Austin, Texas, May 26, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3447 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
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HB 3447, A bill to be entitled An Act relating to the establishment and administration of the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended by adding Chapter 482 to read as follows:
CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 482.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the commission.
(2) "Commission" means the Texas Space Commission.
(3) "Fund" means the space exploration and aeronautics research fund.
(4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
SUBCHAPTER B. TEXAS SPACE COMMISSION
Sec. 482.101. ESTABLISHMENT; PURPOSE. (a) The Texas Space Commission is established to strengthen this state's proven leadership in civil, commercial, and military aerospace activity.
(b) The purpose of the commission is to promote innovation in the fields of space exploration and commercial aerospace opportunities, including the integration of space, aeronautics, and aviation industries into the economy of this state.
Sec. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The commission is administratively attached to the office of the governor, and the office of the governor shall provide administrative support to the commission as provided by this section. The equal employment opportunity officer and the internal auditor of the office of the governor shall serve the same functions for the commission as they serve for the office of the governor.
(b) The office of the governor and the board shall enter into a memorandum of understanding detailing:
(1) the administrative support the commission requires from the office of the governor to fulfill the purposes of this chapter;
(2) the reimbursement of administrative expenses to the office of the governor; and
(3) any other provisions available by law to ensure the efficient operation of the commission as attached to the office of the governor.
Sec. 482.103. SUNSET PROVISION. The commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2032.
Sec. 482.104. STATE AUDITOR. Nothing in this chapter limits the authority of the state auditor under Chapter 321 or other law.
Sec. 482.105. BOARD OF DIRECTORS. (a) The commission is governed by a nine-member board of directors. The board is composed of:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant governor; and
(3) three members appointed by the speaker of the house of representatives.
(b) In making appointments under Subsection (a), the governor, lieutenant governor, and speaker of the house of representatives shall prioritize appointing individuals with experience in:
(1) commercial aerospace;
(2) civil aviation;
(3) military aerospace;
(4) space economic development;
(5) space-related academic research; and
(6) nonprofit support of the space economy.
(c) Members of the board appointed by the governor, lieutenant governor, and speaker of the house serve at the pleasure of the appointing office for staggered six-year terms, with the terms of two members expiring on January 31 of each odd-numbered year.
(d) If a vacancy occurs on the board, the appropriate appointing authority shall appoint a successor, in the same manner as the original appointment, to serve for the remainder of the unexpired term. The appropriate appointing authority shall appoint the successor not later than the 30th day after the date the vacancy occurs.
(e) Not later than the 30th day after the date a board member's term expires, the appropriate appointing authority shall appoint a replacement.
(f) The board shall elect a presiding officer from among the members of the board.
Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall hire an executive director. The executive director shall perform the duties required by this chapter and any duty delegated by the board.
(b) The executive director must have a demonstrated ability to lead and develop academic, commercial, military, or governmental partnerships and coalitions.
(c) The executive director may hire staff as necessary to implement the duties of the commission under this chapter.
Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The board shall:
(1) direct the activities of, establish goals for, and provide oversight to the commission;
(2) develop and execute a strategic plan in accordance with Section 482.201;
(3) establish the appropriate standards and executive bodies to ensure the proper use of funds authorized under this chapter for research and facilities development;
(4) identify research and funding opportunities for entities within this state that:
(A) strengthen and enhance this state's proven leadership position in civil, commercial, and military aeronautics research and development and space flight infrastructure;
(B) enhance the integration of the space, aeronautics, astronautics, and aviation industries into this state's economy; and
(C) promote and further research involving materials derived from or developed through space exploration and space flight;
(5) capitalize, promote, and assist in the development of workforce training to further the development of emerging technologies required for all aspects of space exploration; and
(6) solicit proposals on funding and research opportunities related to the objectives in this chapter from the Texas Aerospace Research and Space Economy Consortium established under Subchapter G.
(b) The board shall employ a chief compliance officer to monitor and report to the board regarding compliance with this chapter and rules adopted under this chapter. The chief compliance officer shall ensure that all grant proposals comply with this chapter and rules adopted under this chapter before the proposals are submitted to the board for approval.
(c) The board may:
(1) establish ad hoc advisory committees as necessary to carry out the board's duties under this chapter;
(2) adopt and use an official seal;
(3) solicit and accept gifts or grants, and contract with any entity;
(4) acquire and convey property or an interest in property;
(5) procure insurance and pay premiums on insurance of any type, in accounts, and from insurers as the board considers necessary and advisable to accomplish any of the commission's purposes;
(6) make grants to public or private persons with an established presence within this state to encourage economic development related to space and aerospace;
(7) make grants to enhance the capacity of institutions of higher education to participate in and support classified research;
(8) provide matching funding to external funding provided by relevant federal agencies, private industry, or private research organizations; and
(9) engage in the planning and implementation of aerospace-related educational opportunities within this state in coordination with the Texas Aerospace Research and Space Economy Consortium established under Subchapter G.
SUBCHAPTER C. STRATEGIC PLAN
Sec. 482.201. STRATEGIC PLAN. (a) The commission shall develop and annually update a strategic plan for the promotion of space, aeronautics, and aviation economic development in this state.
(b) The strategic plan must include a list of potential projects that further the purpose of the commission, and, for each project:
(1) the estimated total cost for completion, including a potential state matching cost; and
(2) an assessment of the availability of external funding sources.
(c) The strategic plan may include any other information the commission determines is relevant to furthering the purpose of the commission.
(d) The board shall submit the strategic plan to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 31 of each year.
SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND; ESTABLISHMENT. (a) The space exploration and aeronautics research fund is established to provide grants to eligible entities as provided by this chapter.
(b) The fund is a trust fund outside the treasury with the comptroller and administered by the commission.
(c) The fund is composed of:
(1) gifts, grants, and donations provided to the commission; and
(2) money from any source designated by the legislature.
Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND; GRANTS. (a) Using money available in the fund, the commission may provide grants to eligible entities described by Subsection (b) for the purposes of:
(1) development of emerging technologies required for any aspect of human space flight;
(2) research involving any aspect of space exploration and space flight;
(3) workforce training to promote space exploration and space flight;
(4) curation of post-mission materials involved in space exploration and space flight; and
(5) development of infrastructure useful or necessary for the establishment or maintenance of a spaceport.
(b) The following entities are eligible for a grant made under this subchapter:
(1) a business or nonprofit entity involved in the space exploration, research, or aeronautics industry; and
(2) a governmental entity with which the commission has entered into an intergovernmental agreement for that purpose.
(c) The board shall comply with the provisions of this chapter in developing the procedures for administration and approval of grants through the fund.
(d) The commission shall provide written notification to the Legislative Budget Board not later than the 30th day after the date a grant award is made from the fund.
SUBCHAPTER E. ETHICS AND AUDIT
Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall adopt conflict-of-interest rules to govern members of the board and commission employees.
(b) A board member or commission employee shall recuse himself or herself, as provided by Section 482.402, if the board member or employee, or a person who is related to the board member or employee within the second degree of affinity or consanguinity, has a professional or financial interest in an entity receiving or applying to receive money from the commission.
(c) A person has a financial interest in an entity receiving or applying to receive money from the commission if the person:
(1) owns or controls, directly or indirectly, an ownership interest, including sharing in profits, proceeds, or capital gains, in an entity, or in a foundation or similar organization affiliated with an entity, receiving or applying to receive money from the commission; or
(2) could reasonably foresee that an action or recommendation by the board or commission could result in a financial benefit to the person.
(d) Nothing in this subchapter limits the authority of the board to adopt additional conflict-of-interest standards.
Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL. (a) If a board member has a conflict of interest as described by Section 482.401 regarding an application that comes before the board for review or other action, the board member shall:
(1) provide written notice to the executive director and the presiding officer of the board or the next ranking member of the board if the presiding officer has the conflict of interest;
(2) disclose the conflict of interest in an open meeting of the board; and
(3) recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.
(b) If a commission employee has a conflict of interest described by Section 482.401 regarding an application that comes before the employee for review or other action, the employee shall:
(1) provide written notice to the executive director of the conflict of interest; and
(2) recuse himself or herself from participating in the review of the application and be prevented from accessing information regarding the matter to be decided.
(c) A board member or commission employee with a conflict of interest may seek a waiver as provided by Section 482.403.
(d) A board member or commission employee who reports a potential conflict of interest or another impropriety or self-dealing of the member or employee and who fully complies with the recommendations of the general counsel and recusal requirements is considered in compliance with the conflict-of-interest provisions of this subchapter. The member or employee is subject to other applicable laws, rules, requirements, and prohibitions.
(e) A board member or commission employee who intentionally violates this section is subject to removal from further participation in the commission's review process.
Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST. (a) The board shall adopt rules governing the waiver of the conflict-of-interest requirements of this subchapter under exceptional circumstances for a board member or commission employee. The rules must:
(1) authorize the executive director or a board member to propose granting a waiver by submitting to the presiding officer of the board a written statement about the conflict of interest, the exceptional circumstance requiring the waiver, and any proposed limitations to the waiver;
(2) require a proposed waiver to be publicly reported at a meeting of the board;
(3) require a majority vote of the board members present and voting to grant a waiver; and
(4) require the commission to retain documentation of each waiver granted.
(b) The board shall adopt rules governing the investigation and consequences of unreported conflicts of interest.
Sec. 482.404. CODE OF CONDUCT. (a) The board shall adopt a code of conduct applicable to each board member and commission employee.
(b) The code of conduct at a minimum must include provisions prohibiting the member, the employee, or the member's or employee's spouse from:
(1) accepting or soliciting any gift, favor, or service that could reasonably influence the member or employee in the discharge of official duties or that the member, employee, or spouse of the member or employee knows or should know is being offered with the intent to influence the member's or employee's official conduct;
(2) accepting employment or engaging in any business or professional activity that would reasonably require or induce the member or employee to disclose confidential information acquired in the member's or employee's official position;
(3) accepting other employment or compensation that could reasonably impair the member's or employee's independent judgment in the performance of official duties;
(4) making personal investments or having a financial interest that could reasonably create a substantial conflict between the member's or employee's private interest and the member's or employee's official duties;
(5) intentionally or knowingly soliciting, accepting, or agreeing to accept any benefit for exercising the member's official powers or performing the member's or employee's official duties in favor of another;
(6) leasing, directly or indirectly, any property, capital equipment, employee, or service to any entity that receives a grant from the commission;
(7) submitting a grant application for funding by the board;
(8) serving on the board of directors of an organization established with a grant from the commission; or
(9) serving on the board of directors of a grant recipient.
SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The board shall adopt rules regarding the procedure for awarding grants to an applicant under this chapter, including a procedure for the Texas Aerospace Research and Space Economy Consortium to make recommendations to the board for grant awards.
(b) The board may not award a grant to an applicant who has made a gift or grant to the commission or a nonprofit organization established to provide support to the commission.
Sec. 482.502. MULTIYEAR PROJECTS. The board may grant money for a multiyear project. The board shall specify the total amount of money approved to fund the multiyear project. The total amount specified is considered for purposes of this subchapter to have been awarded in the state fiscal year that the project is approved by the board. The board shall distribute only the money that will be expended during that fiscal year. The board shall distribute the remaining grant money as the money is needed in each subsequent state fiscal year.
Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board shall establish standards to ensure that grant recipients purchase goods and services from suppliers in this state to the extent reasonably possible, in a good faith effort to achieve a goal of more than 50 percent of those purchases from suppliers in this state.
Sec. 482.504. GRANT EVALUATION. (a) The executive director shall determine the grant review process under this section. The executive director may terminate grants that do not meet contractual obligations.
(b) The executive director shall report at least annually to the board on the progress and continued merit of each grant funded by the commission.
(c) The board shall establish and implement reporting requirements to ensure that each grant recipient complies with the terms and conditions in the grant contract, including verification of the amounts of matching money dedicated to the research that is the subject of the grant award to the grant recipient.
(d) The commission shall implement a system to:
(1) track the dates on which grant recipient reports are due and are received by the commission; and
(2) monitor the status of any required report that is not timely submitted to the commission by a grant recipient.
Sec. 482.505. GRANT RECORDS. The commission shall maintain complete records of:
(1) the review of each grant application submitted to the board, including an application reviewed in accordance with rules adopted under this chapter, even if the grant application is not funded by the board or is withdrawn after submission;
(2) each grant recipient's financial reports, including the amount of matching money dedicated to the research specified for the grant award;
(3) each grant recipient's progress reports; and
(4) the board's review of the grant recipient's financial reports and progress reports.
SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
Sec. 482.601. DEFINITIONS. In this subchapter:
(1) "Consortium" means the Texas Aerospace Research and Space Economy Consortium.
(2) "Executive committee" means the executive committee of the consortium.
Sec. 482.602. SUNSET PROVISION. The consortium is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the consortium is abolished and this subchapter expires September 1, 2032.
Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas Aerospace Research and Space Economy Consortium is established to:
(1) identify research opportunities for entities within this state that:
(A) strengthen this state's proven leadership in civil, commercial, and military aerospace activity;
(B) enhance this state's position in aeronautics research and development, astronautics, space commercialization, and space flight infrastructure; and
(C) enhance the integration of the space, aeronautics, astronautics, and aviation industries into this state's economy; and
(2) provide funding and research recommendations to the commission.
Sec. 482.604. CONSORTIUM COMPOSITION. The consortium is composed of:
(1) each institution of higher education; and
(2) any other entity that the executive committee considers necessary.
Sec. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium is administratively attached to the office of the governor for the purpose of receiving and administering appropriations and other funds under this subchapter. The office of the governor is not responsible for providing to the consortium staff, human resources, contract monitoring, purchasing, or any other administrative support services.
Sec. 482.606. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an independent executive committee composed of the following nine members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house of representatives;
(4) the chancellor of The Texas A&M University System or the chancellor's designee;
(5) the chancellor of The University of Texas System or the chancellor's designee; and
(6) the president of Rice University or the president's designee.
(b) In making appointments under Subsection (a), the governor, the lieutenant governor, and the speaker of the house of representatives, respectively, shall:
(1) prioritize appointing individuals with experience in:
(A) aeronautics;
(B) space economic development; and
(C) academic engagement with the space economy; and
(2) ensure that the appointments reflect, to the extent possible, the ethnic and geographic diversity of this state.
(c) A vacancy on the executive committee is filled in the same manner as the initial appointment.
(d) The executive committee shall:
(1) elect a presiding officer from among the members of the committee; and
(2) meet at the call of the presiding officer.
Sec. 482.607. GIFTS, GRANTS, AND DONATIONS. The executive committee may solicit and accept on behalf of the consortium gifts, grants, or donations from any public or private source for the purpose of carrying out this subchapter.
Sec. 482.608. GENERAL DUTIES. (a) The executive committee shall:
(1) develop and execute a comprehensive statewide strategic plan to further the purposes of the consortium;
(2) gather and coordinate recommendations from consortium members on funding and research opportunities in accordance with the purposes of the consortium; and
(3) establish procedures and policies for the administration of the consortium, including:
(A) procedures for documenting compliance by members of the committee and consortium and consortium staff with applicable laws governing conflicts of interest;
(B) designation of a member of the committee as the committee's liaison to the commission; and
(C) procedures for entering into contracts with The Texas A&M University System as necessary for that system to provide administrative and staff support to the consortium.
(b) A member of the consortium may participate in consortium fact-finding and strategic planning and the formation of recommendations for purposes of Subsections (a)(1) and (a)(2). Before assisting the executive committee as provided by this subsection, a member of the consortium must designate a liaison to the executive committee to represent that member.
Sec. 482.609. BIENNIAL REPORT. Not later than December 31 of each even-numbered year, the executive committee shall submit to the commission a written report that includes for that biennium:
(1) the activities and objectives of the consortium;
(2) a synopsis of the funding and research opportunities identified by the consortium;
(3) legislative recommendations, if any;
(4) prospective grants or funding the consortium members expect to receive, if any; and
(5) research accomplishments associated with the consortium, if any.
SECTION 2. This Act takes effect September 1, 2023.
Representative Bonnen moved to adopt the conference committee report on HB 3447.
The motion to adopt the conference committee report on HB 3447 prevailed by (Record 2226): 125 Yeas, 11 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchía; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Bhojani; Bonnen; Bowers; Buckley; Bucy; Bumgarner; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Collier; Cook; Cortez; Craddick; Cunningham; Darby; Davis; DeAyala; Dorazio; Dutton; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; 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; Lalani; Lambert; Landgraf; 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; Ordaz; Orr; Ortega; Paul; Perez; Plesa; Price; Ramos; Raney; Raymond; Reynolds; Rogers; Romero; Rose; Rosenthal; Schofield; Sherman; Shine; Smith; Smithee; Spiller; Stucky; Talarico; Tepper; Thierry; Thimesch; Thompson, E.; Troxclair; Turner; VanDeaver; Walle; Wilson; Wu; Zwiener.
Nays — Cain; Harrison; Hayes; Hefner; Schaefer; Schatzline; Slawson; Swanson; Tinderholt; Toth; Vasut.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Bryant; Dean; Johnson, J.D.; Leach; Patterson; Thompson, S.; Vo.
STATEMENTS OF VOTE
When Record No. 2226 was taken, I was in the house but away from my desk. I would have voted yes.
Bryant
When Record No. 2226 was taken, I was in the house but away from my desk. I would have voted yes.
Dean
When Record No. 2226 was taken, I was in the house but away from my desk. I would have voted yes.
Patterson
When Record No. 2226 was taken, my vote failed to register. I would have voted yes.
S. Thompson
HR 2477 - ADOPTED
(by Guillen)
The following privileged resolution was laid before the house:
HR 2477
BE IT RESOLVED by the House of Representatives of the State of Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 4635 (organized crime, racketeering activities, and collection of unlawful debts) to consider and take action on the following matter:
House Rule 13, Sections 9(a)(1), (2), and (3) are suspended to permit the committee to change, alter, or amend text not in disagreement by adding text on a matter not in disagreement and omitting text not in disagreement in proposed SECTION 6 of the bill, so that the text of added Section 72.01(7), Penal Code, reads as follows:
(7) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is wholly or partly legally unenforceable in this state because the debt was incurred or contracted:
(A) in violation of:
(i) the Texas Racing Act (Subtitle A-1, Title 13, Occupations Code, and Article 179e, Revised Civil Statutes);
(ii) Subtitle A, Title 4, Finance Code, or Section 11, Article XVI, Texas Constitution, relating to interest and usury, if the usurious rate is at least twice the enforceable rate; or
(iii) Chapter 47, relating to gambling; or
(B) in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.
Explanation: The change is necessary to provide the scope of a usurious rate for purposes of the definition of "unlawful debt" and make a nonsubstantive change to a citation.
HR 2477 was adopted by (Record 2227): 112 Yeas, 28 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bowers; Bryant; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Dutton; Flores; Frank; Gámez; Gates; Gerdes; Geren; Gervin-Hawkins; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hefner; Hernandez; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lalani; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Ortega; Patterson; Paul; Perez; Plesa; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Thompson, S.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Walle; Wilson.
Nays — Anchía; Bernal; Bhojani; Bucy; Collier; Davis; González, J.; Goodwin; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Morales, C.; Neave Criado; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Dorazio; Hayes; Orr.
HB 4635 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Guillen submitted the following conference committee report on HB 4635:
Austin, Texas, May 27, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 4635 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
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HB 4635, A bill to be entitled An Act relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Racketeering Act.
SECTION 2. Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 140B to read as follows:
CHAPTER 140B. CIVIL REMEDIES AND ENFORCEMENT RELATED TO RACKETEERING AND UNLAWFUL DEBT COLLECTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 140B.001. DEFINITIONS. In this chapter:
(1) "Beneficial interest":
(A) means the interest of a person:
(i) as a beneficiary under a trust established under the Texas Trust Code (Subtitle B, Title 9, Property Code) in which the trustee for the trust holds legal or record title to real property;
(ii) as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the person; or
(iii) under any other form of express fiduciary arrangement under which any other person holds legal or record title to real property for the benefit of the person; and
(B) does not include the interest of a shareholder in a corporation or the interest of a partner in either a general partnership or a limited partnership.
(2) "Cash or cash proceeds" includes:
(A) damages, penalties, or any other monetary payment;
(B) monetary proceeds from property forfeited to the state under Subchapter C; or
(C) any payment made by a defendant by reason of a decree or settlement in an action filed under Subchapter C.
(3) "Enterprise" means a legal entity, group of individuals associated in fact, or a combination of those entities and individuals.
(4) "Investigative agency" means the Department of Public Safety, the attorney general, or a local prosecutor.
(5) "Local prosecutor" means a district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction.
(6) "Money" means funds as defined by Section 34.01, Penal Code.
(7) "Real property" means any real property or any interest in real property, including any lease of or mortgage on real property.
Sec. 140B.002. SPECIAL DOCKETING PROCEDURES. The attorney general or local prosecutor may file with the clerk of the district court in which an action is brought under this chapter a certificate stating that the case is of special public importance. The clerk must immediately furnish a copy of the certificate to the administrative judge of the district court of the county in which the action is pending. On receiving the copy of the certificate, the administrative judge shall immediately designate a judge to hear and determine the action. The designated judge shall promptly assign the action for hearing, participate in hearings, make determinations, and cause the action to be expedited.
Sec. 140B.003. PREVIOUSLY SEIZED ASSETS. Notwithstanding any other provision of this chapter, a remedy provided by this chapter may not be assessed against, and the attorney general may not claim or pursue in an action brought under this chapter, any proceeds, contraband, or other property of any kind over which a law enforcement authority has previously asserted jurisdiction under Chapter 59, Code of Criminal Procedure, at the time an action under this chapter was filed.
SUBCHAPTER B. CIVIL INVESTIGATIVE AUTHORITY
Sec. 140B.051. DEFINITIONS. In this subchapter:
(1) "Civil investigative demand" means any demand issued by the attorney general or a local prosecutor under this subchapter.
(2) "Documentary material" means the original or a copy of any paper, contract, agreement, book, booklet, brochure, pamphlet, catalog, magazine, notice, announcement, circular, bulletin, instruction, minutes, agenda, study, analysis, report, graph, map, chart, table, schedule, note, letter, telegram, telephone recordings, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.
(3) "Product of discovery" means:
(A) the original or a copy of a deposition, interrogatory, document, thing, result of inspection of land or other property, examination, or admission that is obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature;
(B) a digest, analysis, selection, compilation, or derivation of any item listed in Paragraph (A); and
(C) an index, instruction, or other aid or means of access to any item listed in Paragraph (A).
(4) "Racketeering investigation" means any inquiry conducted by the attorney general or a local prosecutor for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities that may constitute a racketeering violation.
(5) "Racketeering violation" means conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.
Sec. 140B.052. CIVIL INVESTIGATIVE DEMAND. If the attorney general or a local prosecutor has reason to believe that a person may be in possession, custody, or control of any documentary material or other evidence or may have any information relevant to a civil racketeering investigation, the attorney general or local prosecutor may, before beginning a civil proceeding under this chapter, issue in writing and serve on the person a civil investigative demand requiring the person to:
(1) produce any of the documentary material for inspection and copying;
(2) answer in writing any written interrogatories;
(3) give oral testimony; or
(4) provide any combination of civil investigative demands under Subdivisions (1)-(3).
Sec. 140B.053. CONTENTS OF DEMAND. (a) A civil investigative demand issued under Section 140B.052 must:
(1) describe the nature of the activities that are the subject of the investigation;
(2) state each statute the activity violates; and
(3) advise the person on whom the demand is served that the person has the right to object to the demand as provided for in this subchapter.
(b) A demand for production of documentary material must:
(1) describe the class of material to be produced with reasonable specificity so that the material demanded is fairly identified;
(2) prescribe a return date that provides a reasonable period of time within which the material is to be produced; and
(3) identify the individual to whom the material is to be made available for inspection and copying.
(c) A demand for answers to written interrogatories must:
(1) propound the interrogatories with definiteness and certainty;
(2) prescribe a date by which answers to the interrogatories must be submitted; and
(3) identify the individual to whom the answers should be submitted.
(d) Each demand for the giving of oral testimony must:
(1) prescribe a reasonable date, time, and place at which the testimony will begin; and
(2) identify the individual who will conduct the examination.
Sec. 140B.054. SERVICE; PROOF OF SERVICE. (a) Service of any civil investigative demand or petition filed under Section 140B.055 or 140B.060 may be made on any natural person by delivering a duly executed copy of the demand or petition to the person to be served or by mailing a copy by registered or certified mail, return receipt requested, to the person at the person's residence or principal office or place of business.
(b) Service of any demand or petition filed under Section 140B.055 or 140B.060 may be made on any person other than a natural person by delivering a duly executed copy of the demand or petition to a person to whom delivery would be appropriate under state law if the demand or petition were process in a civil suit.
(c) A verified return by the individual serving any demand or petition filed under Section 140B.055 or 140B.060 setting forth the manner of service is proof of service. In the case of service by registered or certified mail, the return must be accompanied by the return post office receipt of delivery of the demand or petition.
Sec. 140B.055. PETITION FOR ORDER MODIFYING OR SETTING ASIDE DEMAND. (a) At any time before the return date specified in a civil investigative demand or not later than the 30th day after the date the demand was served, whichever period is shorter, the person who has been served, and in the case of a demand for a product of discovery the person from whom the discovery was obtained, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person's residence or principal office or place of business or a district court of Travis County. The petition must specify each ground upon which the petitioner relies in seeking the relief sought. The petition may be based on any failure of a demand to comply with the provisions of this subchapter or on any constitutional or other legal right or privilege of the petitioner.
(b) The petitioner shall serve a copy of the petition on the attorney general or local prosecutor, as applicable, in accordance with Section 140B.054. The attorney general or local prosecutor may submit an answer to the petition.
(c) In ruling on the petition under this section, the court shall presume absent evidence to the contrary that the attorney general or local prosecutor issued the demand in good faith and within the scope of the attorney general's or local prosecutor's authority.
Sec. 140B.056. COMPLIANCE WITH DEMAND. (a) A person on whom a civil investigative demand is served under this subchapter shall comply with the terms of the demand unless otherwise provided by court order.
(b) The time for compliance with the demand wholly or partly does not run during the pendency of any petition filed under Section 140B.055, provided that the petitioner shall comply with any portions of the demand not sought to be modified or set aside.
Sec. 140B.057. DOCUMENTARY MATERIAL. (a) Any person on whom any civil investigative demand for the production of documentary material has been duly served under this subchapter shall make the material available to the attorney general or local prosecutor, as applicable, for inspection and copying during normal business hours on the return date specified in the demand at the person's principal office or place of business or as otherwise may be agreed on by the person and the attorney general or local prosecutor. The attorney general or local prosecutor shall bear the expense of any copying. The person may substitute copies for originals of all or part of the requested documents if the originals are made available for inspection. The attorney general or local prosecutor may elect to obtain or review information in an electronic format. The person shall indicate in writing which, if any, of the documents produced contain trade secrets or confidential information.
(b) The production of documentary material in response to any demand must be made under a sworn certificate in the form the demand designates by a natural person having knowledge of the facts and circumstances relating to the production to the effect that all of the requested material in the possession, custody, or control of the person to whom the demand is directed has been produced.
Sec. 140B.058. INTERROGATORIES. (a) Each interrogatory in any civil investigative demand duly served must be answered separately and fully in writing, unless it is objected to, in which case the basis for the objection shall be set forth in lieu of an answer. The person shall indicate in writing which, if any, of the answers contain trade secrets or confidential information.
(b) Answers to interrogatories must be submitted under a sworn certificate in the form the related demand designates by a natural person having knowledge of the facts and circumstances relating to the preparation of the answers to the effect that all of the requested information in the possession, custody, control, or knowledge of the person to whom the demand is directed has been set forth fully and accurately.
Sec. 140B.059. ORAL EXAMINATION. (a) The examination of any person pursuant to a civil investigative demand for oral testimony duly served must be taken before any person authorized to administer oaths and affirmations under the laws of this state or the United States. The person before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally or by someone acting under the person's direction and in the person's presence record the witness's testimony. At the expense of the attorney general or local prosecutor, and except as provided by this subsection, the testimony must be taken stenographically and may be transcribed. The attorney general or local prosecutor may take audio and video recordings of the testimony by providing notice to the person to be examined not later than the seventh day before the day the person is to be examined.
(b) The oral testimony of any person taken pursuant to a demand served must be taken within 100 miles of the county where the person resides, is found, or transacts business or in any other place agreed on by the person and the attorney general or local prosecutor.
(c) Any person compelled to appear under a demand for oral testimony may be accompanied, represented, and advised by counsel. Counsel may advise the person in confidence, either on the request of the person or on the counsel's own initiative, with respect to any question arising in connection with the examination.
(d) The individual conducting the examination on behalf of the attorney general or local prosecutor shall exclude from the place of examination all other persons except the person being examined, the person's counsel, the counsel of the person to whom the demand has been issued, the person before whom the testimony is to be taken, any stenographer taking the testimony, audiographer, videographer, and any person assisting the individual conducting the examination.
(e) During the examination, the person being examined or the person's counsel may object on the record to any question in accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An objection may properly be made, received, and entered on the record when it is claimed that the person is entitled to refuse to answer the question on grounds of any constitutional or other privilege, including the privilege against self-incrimination. Neither that person nor the person's counsel may otherwise object to or refuse to answer any question or interrupt the oral examination. If the person refuses to answer any question, the attorney general or local prosecutor may petition the district court in the county where the examination is being conducted for an order compelling the person to answer the question.
(f) After the testimony has been fully transcribed, the person before whom the testimony was taken shall promptly transmit the transcript of the testimony to the witness and a copy of the transcript to the attorney general or local prosecutor. The witness must have a reasonable opportunity to examine the transcript and make any changes in form or substance accompanied by a statement of the reasons for the changes. The witness shall then sign and return the transcript. If the witness does not return the transcript to the person before whom the testimony was taken not later than the 20th day after the date the transcript was provided to the witness, the witness may be deemed to have waived the right to make changes. The officer shall then certify on the transcript that the witness was duly sworn and that the transcript is a true record of the testimony given by the witness and promptly transmit a copy of the certified transcript to the attorney general or local prosecutor.
(g) On request, the attorney general or local prosecutor shall furnish a copy of the certified transcript to the witness.
(h) The attorney general or local prosecutor may provide the witness the same fees and mileage reimbursement that are paid to witnesses in the district courts of this state.
Sec. 140B.060. FAILURE TO COMPLY WITH DEMAND PETITION FOR ENFORCEMENT. If a person fails to comply with a civil investigative demand duly served on the person, the attorney general or local prosecutor may file in the district court in the county in which the person resides, is found, or transacts business or in a district court of Travis County and may serve on the person a petition for an order of the court for enforcement. If the person transacts business in more than one county and the attorney general or local prosecutor elects not to file the petition in Travis County, the petition must be filed in the county of the person's principal office or place of business in the state or in any other county as may be agreed on by the person and the attorney general or local prosecutor.
Sec. 140B.061. CRIMINAL OFFENSE: DELIBERATE NONCOMPLIANCE. (a) A person commits an offense if the person, with intent to avoid, evade, or prevent compliance with a civil investigative demand issued under this subchapter, knowingly removes from any place, conceals, withholds, destroys, mutilates, alters, or by any other means falsifies any documentary material or otherwise provides inaccurate information.
(b) An offense under this section is a Class A misdemeanor.
Sec. 140B.062. DISCLOSURE AND USE OF MATERIAL AND INFORMATION. (a) The civil investigative demand issued by the attorney general or local prosecutor, any information obtained, maintained, or created in response to the demand, or any documentary material, product of discovery, or other record derived or created during an investigation from the information, is not subject to disclosure under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for the release, except as described in Subsections (b) and (c).
(b) The attorney general or local prosecutor may not release or disclose information that is obtained in response to a demand or any documentary material, product of discovery, or other record derived from the information except:
(1) by court order for good cause shown;
(2) with the consent of the person who provided the information to the attorney general or local prosecutor;
(3) to an employee or other person under the direction of the attorney general or local prosecutor;
(4) to an agency of this state, the United States, or another state or foreign country;
(5) to a political subdivision of this state; or
(6) to a person authorized by the attorney general or local prosecutor to receive the information.
(c) The attorney general or local prosecutor may use information obtained in response to a demand, or any documentary material, product of discovery, or other record derived or created from the information as the attorney general or local prosecutor determines necessary in the enforcement of this chapter, including presentation before court.
Sec. 140B.063. JURISDICTION. If a petition is filed in the district court in any county, the court has jurisdiction to hear and determine the matter presented and to enter any order required to implement this chapter. Any final order is subject to appeal. Failure to comply with any final order entered by a court under this chapter is punishable by the court as contempt of the order.
Sec. 140B.064. NONEXCLUSIVE PROCEDURES. Nothing in this chapter precludes the attorney general or local prosecutor from using any procedure not specified in this chapter in conducting a racketeering investigation.
SUBCHAPTER C. CIVIL REMEDIES
Sec. 140B.101. CIVIL REMEDIES. A district court may, after making due provision for the rights of innocent persons, enjoin conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, by issuing appropriate orders and judgments, including:
(1) ordering a defendant to divest of any interest in any enterprise, including real property;
(2) imposing reasonable restrictions on the future activities or investments of a defendant, including prohibiting a defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code;
(3) ordering the dissolution or reorganization of an enterprise;
(4) ordering the suspension or revocation of a license, permit, or approval previously granted to an enterprise by any state agency; or
(5) ordering the forfeiture of the charter of a corporation organized under the laws of this state, or the revocation of a certificate allowing a foreign corporation to conduct business within this state, on finding that:
(A) the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code; and
(B) for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
Sec. 140B.102. CIVIL FORFEITURE OF PROPERTY. (a) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, is subject to civil forfeiture to the state under this chapter.
(b) An investigative agency, on behalf of this state, may bring a civil action for forfeiture:
(1) in the district court for the judicial district in which real or personal tangible property described by Subsection (a) is located;
(2) in a district court in this state regarding intangible property described by Subsection (a); and
(3) in the county in which real or personal tangible property described by Subsection (a) was seized.
(c) On entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back:
(1) in the case of real property or a beneficial interest:
(A) to the date of filing of a lien notice under Chapter 68, Property Code, in the official records of the county where the real property or beneficial trust is located;
(B) if no lien notice is filed, to the date of the filing of any notice of lis pendens under Section 68.056(a), Property Code, in the official records of the county where the real property or beneficial interest is located; or
(C) if no lien notice or notice of lis pendens is filed, to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; or
(2) in the case of personal property, to the date the personal property was seized by the investigative agency.
(d) For purposes of this section, a beneficial interest is considered to be located where real property owned by the trustee is located.
Sec. 140B.103. CONVEYANCE OF PROPERTY SUBJECT TO FORFEITURE. (a) If property subject to forfeiture is conveyed, alienated, disposed of, diminished in value, or otherwise rendered unavailable for forfeiture, the investigative agency may, on behalf of the state, bring an action in any district court against the person named in the lien notice under Chapter 68, Property Code, or the defendant in the relevant civil action or criminal proceeding. If a civil action is pending, the action shall be filed only in the court where the civil action is pending.
(b) The court in an action brought under Subsection (a) shall:
(1) enter final judgment against the person named in the lien notice or the defendant in the relevant civil action or criminal proceeding in an amount equal to:
(A) the fair market value of the property; and
(B) the investigative costs and attorney fees incurred by the investigative agency in the action; or
(2) order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.
Sec. 140B.104. DISPOSITION OF FORFEITED PROPERTY. (a) The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, the state may destroy or otherwise dispose of the property.
(b) All forfeitures or dispositions under this subchapter shall be made with due provision for the rights of innocent persons.
(c) The state shall promptly distribute the proceeds realized from the forfeiture and disposition of property under this section in accordance with Subchapter D.
Sec. 140B.105. SEIZURE OF PROPERTY. (a) Property subject to forfeiture under this subchapter may be seized by a law enforcement officer on court process. Seizure without process may be made if:
(1) the seizure is incident to a lawful arrest or search conducted under a warrant issued under Chapter 18, Code of Criminal Procedure; or
(2) the property subject to seizure has been the subject of a previous judgment in favor of the state in a forfeiture action brought under this subchapter.
(b) For a seizure conducted under this section, an investigative agency shall promptly commence a forfeiture action under Section 140B.102.
Sec. 140B.106. STORAGE OF SEIZED PROPERTY PENDING FORFEITURE ACTION. Property taken or detained under this subchapter is not subject to replevin but is considered to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this subchapter, pending forfeiture and final disposition, the law enforcement officer may:
(1) place the property under seal;
(2) remove the property to a place designated by a court; or
(3) require another agency authorized by law to take custody of the property and remove it to an appropriate location.
Sec. 140B.107. CIVIL ACTION BROUGHT BY ATTORNEY GENERAL, LOCAL PROSECUTOR, OR STATE AGENCY. (a) The office of the attorney general, a local prosecutor, or a state agency having jurisdiction over conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, may institute civil actions under this subchapter. The attorney general or a state agency may institute an action under Section 140B.101 or 140B.102 only if the attorney general or agency receives the consent of the applicable local prosecutor to bring the action.
(b) In an action brought under this subchapter, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the district court may at any time enter injunctions, prohibitions, or restraining orders, or take actions, including the acceptance of satisfactory performance bonds, the court considers proper.
Sec. 140B.108. EFFECT OF FINAL JUDGMENT OR DECREE. A final judgment or decree rendered in favor of this state in a criminal proceeding under state law prevents the defendant from asserting in any subsequent civil action brought under this chapter any matter as to which that judgment or decree would be an estoppel as between the parties.
Sec. 140B.109. OTHER RELIEF AVAILABLE TO ATTORNEY GENERAL. (a) The attorney general may bring an action against a person who engages in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, to obtain:
(1) injunctive relief;
(2) a civil penalty as provided by this section; and
(3) reasonable attorney's fees and reasonably incurred costs of investigation or litigation.
(b) A defendant in an action brought under this section is subject to a civil penalty not to exceed:
(1) $100,000 if the defendant is an individual; or
(2) $1 million if the defendant is not an individual.
(c) The attorney general shall deposit a civil penalty collected under this section to the credit of the general revenue fund. The attorney general shall deposit attorney's fees and costs collected under this section into the attorney general law enforcement account, which may be used to investigate and enforce this chapter.
(d) Any party to an action brought under this section may petition the court for entry of a consent decree or for approval of a settlement agreement. The proposed decree or settlement must specify the alleged violations, the future obligations of the parties, the relief agreed on, and the reasons for entering into the consent decree or settlement agreement.
Sec. 140B.110. NOTICE TO LOCAL PROSECUTOR. (a) In a reasonable time before bringing an action or on initiating an investigation on racketeering, the attorney general shall provide notice to the local prosecutor who appears to have primary jurisdiction over the criminal prosecution of any target of an investigation under this chapter at the time of the notice concerning the attorney general's intent to bring an action under this chapter or investigate racketeering, as applicable.
(b) The notices described by Subsection (a) must describe or otherwise identify the defendant to the action or the suspect, as applicable.
Sec. 140B.111. COOPERATION WITH LOCAL PROSECUTOR. (a) A local prosecutor who receives notice under Section 140B.110 may notify the attorney general of a related pending criminal investigation or prosecution.
(b) Notification to the attorney general under Subsection (a) must be in writing and describe or otherwise identify the defendant or suspect in the criminal investigation or proceeding.
(c) On receipt of notice described by Subsection (a), the attorney general shall coordinate and cooperate with the local prosecutor to ensure that the filing of an action under this chapter does not interfere with an ongoing criminal investigation or prosecution. The attorney general shall update the local prosecutor on matters affecting the action or the investigation.
Sec. 140B.112. ABATEMENT OF ACTION. If the local prosecutor determines that an action brought under this chapter would interfere with an ongoing criminal investigation or prosecution after notifying the attorney general of the investigation or prosecution under Section 140B.111, the local prosecutor may request, in writing, that the attorney general abate the action. On receipt of this request, the attorney general shall abate the action.
Sec. 140B.113. LIMITATIONS; TOLLING. (a) Notwithstanding any other law, the attorney general or a local prosecutor must bring an action under this chapter not later than the fifth anniversary of the later of:
(1) the date the conduct that is the basis for the action terminates; or
(2) the date the cause of action accrues.
(b) If an indictment for an offense under Section 72.02, 72.03, or 72.04, Penal Code, is presented or a civil action is brought, or intervened in, to punish, prevent, or restrain conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, the running of the period of limitations prescribed by this section with respect to any cause of action arising under Section 140B.109 that is wholly or partly based on a matter complained of in the indictment or the pleadings in the action, as applicable, is suspended during the pendency of the prosecution or litigation of the action, as applicable, and extended for two years following its termination.
Sec. 140B.114. MULTIPLE REMEDIES ALLOWED. The application of one civil remedy under a provision of this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other law. Civil remedies under this chapter are supplemental and not mutually exclusive.
SUBCHAPTER D. DISPOSITION OF FUNDS OBTAINED THROUGH FORFEITURE ACTIONS
Sec. 140B.151. INITIAL DISTRIBUTION. (a) A court entering a judgment of forfeiture in an action brought under Subchapter C retains jurisdiction to direct the distribution of any cash or cash proceeds realized from the forfeiture and disposition of the property. The court shall direct the distribution of the funds in the following order of priority:
(1) statutory fees to which the clerk of the court may be entitled;
(2) claims against the property by persons who have previously been judicially determined to be innocent persons and whose interests are preserved from forfeiture by the court and not otherwise satisfied; and
(3) subject to Subsection (c), claims for restitution by victims of the racketeering activity.
(b) A claim under Subsection (a)(2) may include a claim by a person appointed by the court as receiver pending litigation.
(c) If the attorney general brought the forfeiture action, restitution shall be distributed though the compensation to victims of crime fund. If the attorney general did not bring the forfeiture action, restitution shall be distributed by the clerk of the court.
Sec. 140B.152. DISTRIBUTION OF REMAINING MONEY. (a) Following satisfaction of all valid claims under Section 140B.151, the remaining money obtained in the forfeiture proceeding shall be deposited as follows:
(1) 25 percent into the appropriate trust fund of the attorney general or local prosecutor's office that filed the civil forfeiture action as provided by Subsection (c);
(2) 25 percent into the applicable law enforcement trust fund of the investigative agency that conducted the investigation that resulted in or significantly contributed to the forfeiture of the property as provided by Subsection (d); and
(3) 50 percent into the general revenue fund.
(b) If a forfeiture action is filed by the attorney general or a local prosecutor, the court entering the judgment of forfeiture shall, taking into account the overall effort and contribution to the investigation and forfeiture action by the agencies that filed the action, make a pro rata apportionment among those agencies of the money available for distribution to those agencies as provided by this subchapter. If multiple investigative agencies have contributed to the forfeiture of the property, the court that entered the judgment of forfeiture shall, taking into account the overall effort and contribution of the agencies to the investigation and forfeiture action, make a pro rata apportionment among those investigative agencies of the money available for distribution to the investigative agencies as provided by this subchapter.
(c) If a forfeiture action is filed by the attorney general, any money obtained by the attorney general under this section shall be deposited in the same manner described by Article 59.06(k)(3), Code of Criminal Procedure, and may be expended for the purposes and in the manner authorized by that section.
(d) If a forfeiture action is filed by a district or county attorney, any money obtained by the district or county attorney's office under this section may be used to pay the costs of investigations under Subchapter B and the resulting criminal prosecutions and civil actions. Such costs may include:
(1) all taxable costs;
(2) costs of protecting, maintaining, and forfeiting the property;
(3) employees' base salaries and compensation for overtime; and
(4) other costs that are directly attributable to the investigation, prosecution, or civil action.
(e) Any money distributed to an investigative agency under Subsection (a) shall be deposited in the applicable law enforcement fund or account established for that agency and expended for the purposes and in the manner authorized for that fund or account. In addition, any money distributed to an investigative agency under this section may be used to pay the costs of investigations under Subchapter B and the resulting criminal prosecutions and civil actions. Such costs may include:
(1) all taxable costs;
(2) costs of protecting, maintaining, and forfeiting the property;
(3) employees' base salaries and compensation for overtime; and
(4) other costs directly attributable to the investigation, prosecution, or civil action.
Sec. 140B.153. EFFECT ON SETTLEMENTS. (a) This subchapter may not be construed to limit the authority of an entity that files a forfeiture action under Subchapter C to settle a claim for forfeiture.
(b) Any proceeds arising from a settlement or from the sale of property obtained in a settlement shall be distributed in the manner described by Sections 140B.151 and 140B.152.
Sec. 140B.154. TEMPORARY DEPOSIT IN COURT REGISTRY. Pending the final distribution of the cash or cash proceeds under this subchapter, the court may authorize the cash or cash proceeds to be deposited in the court registry or in a qualified public depository.
SECTION 3. Article 12.01, Code of Criminal Procedure, is amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Articles 12.015 and [Article] 12.03, felony indictments may be presented within these limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense biological matter is collected and the matter:
(a) has not yet been subjected to forensic DNA testing; or
(b) has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or
(ii) probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims;
(D) continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11, Penal Code;
(F) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;
(G) trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under Section 20A.03, Penal Code; or
(I) compelling prostitution under Section 43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government property over which the public servant exercises control in the public servant's official capacity;
(C) forgery or the uttering, using, or passing of forged instruments;
(D) injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;
(E) sexual assault, except as provided by Subdivision (1) or (7);
(F) arson;
(G) trafficking of persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section 43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax Code;
(D) false statement to obtain property or credit under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section 32.31, Penal Code;
(G) fraudulent use or possession of identifying information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual, or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal Code; or
(J) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6);
(4) five years from the date of the commission of the offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5), kidnapping or burglary;
(C) injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:
(A) sexual performance by a child under Section 43.25, Penal Code;
(B) aggravated kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of the offense:
(A) trafficking of persons under Section 20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal Code; or
(C) bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed;
(7) two years from the date the offense was discovered: sexual assault punishable as a state jail felony under Section 22.011(f)(2), Penal Code; or
(8) three years from the date of the commission of the offense: all other felonies.
SECTION 4. Chapter 12, Code of Criminal Procedure, is amended by adding Article 12.015 to read as follows:
Art. 12.015. RACKETEERING AND UNLAWFUL DEBT COLLECTION. (a) Except as provided by Subsection (b), a felony indictment for an offense under Section 72.02, 72.03, or 72.04, Penal Code, must be presented not later than five years from the date of the commission of the offense.
(b) If the attorney general or a local prosecutor, as defined by Section 140B.001, Civil Practice and Remedies Code, brings an action in the name of the state under Chapter 140B, Civil Practice and Remedies Code, during the limitations period described by Subsection (a), that limitations period is suspended while the attorney general's or local prosecutor's action is pending. If a limitations period is suspended under this subsection, the limitations period is extended for two years.
SECTION 5. Section 71.02(a), Penal Code, is amended to read as follows:
(a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or disabled individual, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A misdemeanor;
(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;
(5-b) any unlawful possession with intent to deliver a controlled substance or dangerous drug;
(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;
(7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or 38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05 or 20.06;
(18) any offense under Section 16.02; or
(19) any offense classified as a felony under the Tax Code.
SECTION 6. Title 11, Penal Code, is amended by adding Chapter 72 to read as follows:
CHAPTER 72. RACKETEERING AND UNLAWFUL DEBT COLLECTION
Sec. 72.01. DEFINITIONS. In this chapter:
(1) "Enterprise" has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(2) "Money" means funds as defined by Section 34.01.
(3) "Pattern of racketeering" means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, the last of which occurred not later than the fifth anniversary of the date of a previous incident of racketeering conduct.
(4) "Pecuniary value" means:
(A) anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(B) any other property or service that has a value in excess of $100.
(5) "Racketeering" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(A) a felony offense under The Securities Act (Title 12, Government Code);
(B) an offense under Section 20.03 (kidnapping);
(C) an offense under Section 20.04 (aggravated kidnapping);
(D) an offense under Section 20.07 (operation of stash house);
(E) a felony offense under Chapter 37 (perjury and other falsification);
(F) a felony offense under Section 38.03 (resisting arrest, search, or transportation);
(G) a felony offense under Section 38.05 (hindering apprehension or prosecution);
(H) a felony offense under Chapter 43 (public indecency); or
(I) an offense under Section 71.02 (engaging in organized criminal activity).
(6) "Real property" has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(7) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is wholly or partly legally unenforceable in this state because the debt was incurred or contracted:
(A) in violation of:
(i) the Texas Racing Act (Subtitle A-1, Title 13, Occupations Code, and Article 179e, Revised Civil Statutes);
(ii) Subtitle A, Title 4, Finance Code, or Section 11, Article XVI, Texas Constitution, relating to interest and usury, if the usurious rate is at least twice the enforceable rate; or
(iii) Chapter 47, relating to gambling; or
(B) in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.
Sec. 72.02. USE OF PROCEEDS DERIVED FROM RACKETEERING OR UNLAWFUL DEBT COLLECTION. (a) A person commits an offense if the person intentionally uses or invests, whether directly or indirectly, any part of any proceeds knowingly derived, directly or indirectly, from a pattern of racketeering or through the collection of an unlawful debt, or the proceeds derived from the investment or use of those proceeds, in acquiring title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(b) An offense under this section is a felony of the second degree.
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Sec. 72.03. ACQUISITION OF INTEREST IN PROPERTY OR CONTROL OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION. (a) A person commits an offense if the person, knowingly through a pattern of racketeering or through the collection of an unlawful debt, acquires or maintains, directly or indirectly, any interest in or control of any enterprise or real property.
(b) An offense under this section is a felony of the second degree.
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Sec. 72.04. PARTICIPATION IN ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION. (a) A person commits an offense if the person is employed by or associated with an enterprise and knowingly conducts or participates, directly or indirectly, in that enterprise through a pattern of racketeering or the collection of an unlawful debt.
(b) An offense under this section is a felony of the second degree.
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Sec. 72.05. ALTERNATIVE FINE. Notwithstanding any other law, a court, after a hearing, may impose a fine, instead of an otherwise applicable fine, on a person convicted of an offense under Section 72.02, 72.03, or 72.04, through which the person derived pecuniary value or by which the person caused personal injury, property damage, or other loss, that does not exceed:
(1) the greater of:
(A) three times the gross value gained as a result of the offense; or
(B) three times the gross loss caused as a result of the offense; and
(2) the amount of the court costs and the reasonably incurred costs of investigation and prosecution.
SECTION 7. Subtitle B, Title 5, Property Code, is amended by adding Chapter 68 to read as follows:
CHAPTER 68. RICO LIENS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 68.001. DEFINITIONS. In this chapter:
(1) "Beneficial interest," "investigative agency," "local prosecutor," and "real property" have the meanings assigned by Section 140B.001, Civil Practice and Remedies Code.
(2) "RICO lien notice" means a lien notice filed under Section 68.051 or 68.052.
(3) "Trustee":
(A) means:
(i) a person acting as trustee under a trust established under the Texas Trust Code (Subtitle B, Title 9, Property Code) in which the trustee holds legal or record title to real property;
(ii) a person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) a successor trustee to a person described by Subparagraph (i) or (ii); and
(B) does not include a person appointed or acting as a personal representative as defined by Section 22.031, Estates Code, or appointed or acting as a trustee of a testamentary trust or as a trustee of an indenture of trust under which any bonds have been or are to be issued.
SUBCHAPTER B. RICO LIEN NOTICE
Sec. 68.051. GENERAL RICO LIEN NOTICE. (a) On the institution by an investigative agency of a civil action brought under Chapter 140B, Civil Practice and Remedies Code, the investigative agency, then or at any time during the pendency of the action, may file a RICO lien notice in the official records of any one or more counties. The attorney general must receive the consent of the applicable local prosecutor before filing a RICO lien.
(b) A filing fee or other charge may not be required as a condition for filing the RICO lien notice, and the clerk of the district court, on the presentation of a RICO lien notice, shall immediately record it in the official records.
Sec. 68.052. ATTORNEY GENERAL OR LOCAL PROSECUTOR RICO LIEN NOTICE. (a) In addition to the authority to file a RICO lien notice under Section 68.051, the attorney general or a local prosecutor may apply ex parte to a district court and, on petition supported by sworn affidavit, obtain an order authorizing the filing of a RICO lien notice against real property on a showing of probable cause to believe that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.
(b) If the RICO lien notice authorization is granted, the attorney general or local prosecutor shall, after filing the notice, immediately provide notice to the owner of the property by:
(1) serving the notice in the manner provided by law for the service of process;
(2) mailing the notice, postage prepaid, by certified mail to the owner at the owner's last known address and obtaining evidence of the delivery; or
(3) if service by a method described by Subdivision (1) or (2) cannot be accomplished, posting the notice on the premises.
(c) The owner of the property may move the court to discharge the lien, and that motion shall be set for hearing at the earliest possible time.
(d) The court shall discharge the lien if the court finds that:
(1) there is no probable cause to believe that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code; or
(2) the owner of the property neither knew nor reasonably should have known that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.
(e) Testimony presented by the property owner at the hearing:
(1) is not admissible against the property owner in any criminal proceeding except in a criminal prosecution for perjury or false statement; and
(2) does not constitute a waiver of the property owner's constitutional right against self-incrimination.
(f) Except as provided by Subsection (g), a RICO lien notice secured under this section is valid for a period of 90 days from the date the court granted authorization and may be extended for an additional 90 days by the court for good cause shown.
(g) If a civil action is instituted under Chapter 140B, Civil Practice and Remedies Code, and a RICO lien notice is filed under this subchapter, the term of the lien notice is governed by this subchapter.
(h) The filing of a RICO lien notice, regardless of whether subsequently discharged or otherwise lifted, constitutes notice to the owner and knowledge by the owner that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, such that lack of such notice and knowledge is not a defense in any subsequent civil action under Chapter 140B, Civil Practice and Remedies Code, or a subsequent criminal proceeding under Chapter 72, Penal Code.
Sec. 68.053. FORMAT OF NOTICE. (a) A RICO lien notice must be signed by the attorney general or the attorney general's designee or by a local prosecutor or the local prosecutor's designee.
(b) A RICO lien notice must be in the form prescribed by the attorney general and must include:
(1) the name of the person against whom a civil action has been brought under Chapter 140B, Civil Practice and Remedies Code, and at the discretion of the investigative agency may also include any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person;
(2) if known to the investigative agency, the current residence and business addresses of the person named in the notice and of the other names included in the notice;
(3) a reference to an applicable civil action, stating:
(A) that an action under Chapter 140B, Civil Practice and Remedies Code, has been brought against the person named in the notice;
(B) the name of each county in which the action has been brought; and
(C) if known to the investigative agency at the time of filing the notice, the cause number of the action;
(4) a statement that the notice is being filed under this chapter; and
(5) the name and address of the investigative agency filing the notice and the name of the individual signing the notice.
(c) A RICO lien notice must apply only to one person and, to the extent applicable, any other aliases, names, or fictitious names of that person, including the names of corporations, partnerships, or other entities, to the extent permitted by Subsection (b)(1). A separate notice must be filed for each person against whom the investigative agency desires to file a RICO lien notice under this subchapter.
Sec. 68.054. SERVICE OF NOTICE. (a) An investigative agency shall, as soon as practicable after the filing of each RICO lien notice, provide to the person named in the notice:
(1) a copy of the recorded notice; or
(2) a copy of the notice that states each county in which the notice has been recorded.
(b) The failure of the investigative agency to provide a copy of a RICO lien notice under this section does not invalidate or otherwise affect the notice.
Sec. 68.055. CREATION AND PRIORITY OF RICO LIEN. (a) Filing a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1) any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and
(2) any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
(b) The lien shall commence and attach as of the time of filing of a RICO lien notice and shall continue thereafter until expiration, termination, or release of the notice under this subchapter. The lien created in favor of the state is superior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice.
(c) For purposes of this section, a beneficial interest is considered to be located where real property owned by the trustee is located.
Sec. 68.056. LIS PENDENS; INTERESTS OF PERSONS ACQUIRING INTEREST IN PROPERTY. (a) In conjunction with a civil action brought under Chapter 140B, Civil Practice and Remedies Code, an investigative agency may file without prior court order in any county a notice of lis pendens under Section 12.007. In such case, a person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of the notice of lis pendens, shall take the interest subject to the civil action and any subsequent judgment of forfeiture.
(b) In conjunction with a civil action brought under Chapter 140B, Civil Practice and Remedies Code, if a RICO lien notice has been filed, an investigative agency may name as a defendant, in addition to the person named in the notice, any person acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the action in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
Sec. 68.057. DUTIES OF TRUSTEE; CRIMINAL OFFENSE. (a) A trustee who acquires actual knowledge that a RICO lien notice or a civil action brought under Chapter 140B, Civil Practice and Remedies Code, or criminal proceeding brought under Chapter 72, Penal Code, has been filed against a person for whom the trustee holds legal or record title to real property shall immediately furnish to the appropriate investigative agency:
(1) the name and address of the person, as known to the trustee;
(2) the name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real property; and
(3) if requested by the investigative agency, a copy of the trust agreement or other instrument under which the trustee holds legal or record title to the real property.
(b) A trustee who violates this section commits an offense. An offense under this subsection is a Class B misdemeanor.
Sec. 68.058. LIABILITY OF TRUSTEE FOR CONVEYANCE OF TITLE. (a) A trustee who conveys title to real property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real property is situated is liable to the state for the greatest of:
(1) the amount of proceeds received directly by the person named in the notice as a result of the conveyance;
(2) the amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the notice; or
(3) the fair market value of the interest of the person named in the notice in the real property conveyed.
(b) Notwithstanding Subsection (a)(3), if a trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability does not exceed the amount of the proceeds held for so long as the proceeds are held by the trustee.
(c) An investigative agency may bring a civil action in any district court against a trustee to recover from the trustee the amount described by Subsection (a) and is entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
Sec. 68.059. EFFECT ON TRUST OF RICO LIEN NOTICE. (a) The filing of a RICO lien notice does not constitute a lien on the record title to real property as owned by a trustee except to the extent that the trustee is named in the notice.
(b) The filing of a RICO lien notice does not affect the use to which real property or a beneficial interest owned by the person named in the notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered.
Sec. 68.060. TRUST EXCEPTIONS. (a) This chapter does not apply to a conveyance by a trustee under a court order, unless that court order is entered in an action between the trustee and the beneficiary.
(b) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil action brought under Chapter 140B, Civil Practice and Remedies Code, this subchapter does not apply to a conveyance by the trustee:
(1) required under the terms of the trust agreement that is a matter of public record before the filing of the lien notice; or
(2) to all of the persons who own beneficial interests in the trust.
Sec. 68.061. RIGHTS OF INNOCENT PERSONS. All forfeitures or dispositions under this chapter must be made with due provision for the rights of innocent persons.
Sec. 68.062. EXPIRATION, RENEWAL, AND RELEASE OF RICO LIEN NOTICE. (a) Unless renewed by the investigative agency, a RICO lien notice expires on the sixth anniversary of the date it was filed. If the investigative agency renews the notice, the notice expires on the sixth anniversary of the date it was renewed. The investigative agency may renew the notice only once.
(b) The investigative agency filing a RICO lien notice may wholly or partly release the notice or may release any specific real property or beneficial interest from the notice on the investigative agency's own terms. A release of the notice may be filed in the official records of any county. A charge or fee may not be imposed for the filing of the release.
Sec. 68.063. EFFECT OF CRIMINAL CASE ON RICO LIEN NOTICE. If a civil action has not been brought by an investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in a criminal proceeding brought under Chapter 72, Penal Code, of the person named in the notice or the dismissal of the criminal proceeding terminates the notice and, in such case, the filing of the notice is void. If the criminal proceeding has been dismissed or the person named in the notice has been acquitted in the criminal proceeding, the notice continues for the duration of a civil action brought under Chapter 140B, Civil Practice and Remedies Code.
Sec. 68.064. TERMINATION OR RELEASE OF RICO LIEN NOTICE BY COURT. (a) If a civil action brought under Chapter 140B, Civil Practice and Remedies Code, is not pending against a person named in a RICO lien notice, the person may bring an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice.
(b) In an action brought under this section, the court shall, on the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing that is not earlier than the fifth day and not later than the 10th day after the date the action is filed, and the order and a copy of the complaint shall be served on the investigative agency not later than the third day after the date the action is filed.
(c) At the hearing set under Subsection (b), the court shall take evidence on the issue of whether any real property or beneficial interest owned by the person named in the RICO lien notice is covered by the notice or is otherwise subject to forfeiture under Chapter 140B, Civil Practice and Remedies Code.
(d) If, at the hearing under Subsection (b), the person named in the RICO lien notice shows by a preponderance of the evidence that the notice is not applicable to the person or that any real property or beneficial interest owned by the person is not subject to forfeiture under Chapter 140B, Civil Practice and Remedies Code, the court shall enter a judgment terminating the notice or releasing the real property or beneficial interest from the notice.
(e) A court shall immediately enter its order releasing from a RICO lien notice any specific real property or beneficial interest if a sale of that real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest. Proceeds resulting from the sale of that real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court.
(f) At the hearing under Subsection (b), the court may release any real property or beneficial interest from the RICO lien notice, on the posting by the person named in the notice of security that is equal to the value of the real property or beneficial interest owned by the person.
(g) If a civil action brought under Chapter 140B, Civil Practice and Remedies Code, is pending against a person named in a RICO lien notice, the court on motion by the person may grant the relief described by this section.
SECTION 8. (a) Chapter 140B, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act.
(b) Section 71.02, Penal Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 9. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 10. This Act takes effect September 1, 2023.
Representative Guillen moved to adopt the conference committee report on HB 4635.
The motion to adopt the conference committee report on HB 4635 prevailed by (Record 2228): 105 Yeas, 35 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bhojani; Bonnen; Bowers; Buckley; Bumgarner; Burns; Burrows; Button; Cain; Campos; Capriglione; Clardy; Cook; Cortez; Craddick; Cunningham; Darby; Dean; DeAyala; Flores; Frank; Gates; Gerdes; Geren; Gervin-Hawkins; González, M.; Guerra; Guillen; Harless; Harris, C.E.; Harris, C.J.; Harrison; Hayes; Hefner; Hernandez; Holland; Hull; Hunter; Isaac; Jetton; Johnson, A.; Kacal; King, K.; King, T.; Kitzman; Klick; Kuempel; Lambert; Landgraf; Leach; Leo-Wilson; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Metcalf; Meyer; Meza; Moody; Morales, E.; Morales Shaw; Morrison; Muñoz; Murr; Noble; Oliverson; Ordaz; Orr; Ortega; Patterson; Paul; Price; Raney; Raymond; Rogers; Schaefer; Schatzline; Schofield; Shine; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Thompson, E.; Tinderholt; Toth; Troxclair; VanDeaver; Vasut; Walle; Wilson.
Nays — Anchía; Bernal; Bryant; Bucy; Canales; Cole; Collier; Davis; Dutton; Gámez; González, J.; Hinojosa; Howard; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Lalani; Martinez Fischer; Morales, C.; Neave Criado; Perez; Plesa; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner; Vo; Wu.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Frazier; Garcia; Herrero; Shaheen.
Absent — Dorazio; Goodwin; Zwiener.
HB 3 - CONFERENCE COMMITTEE REPORT ADOPTED
Without objection, Representative Burrows submitted the following conference committee report on HB 3:
Austin, Texas, May 25, 2023
The Honorable Dan Patrick
President of the Senate
The Honorable Dade Phelan
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
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HB 3, A bill to be entitled An Act relating to measures for ensuring public school safety, including the development and implementation of purchases relating to and funding for public school safety and security requirements and the provision of safety-related resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l), 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2. Sections 7.061(b) and (c), Education Code, are amended to read as follows:
(b) The commissioner shall adopt or amend rules as necessary to ensure that facilities [building] standards for new and existing instructional facilities and other school district and open-enrollment charter school facilities, including construction quality, performance, operational, and other standards related to the safety and security of school facilities, provide a secure and safe environment. In adopting or amending rules under this section, the commissioner shall include the use of best practices for:
(1) the design and construction of new facilities; and
(2) the improvement, renovation, and retrofitting of existing facilities.
(c) Not later than September 1 of each even-numbered year, the commissioner shall review all rules adopted or amended under this section and amend the rules as necessary to ensure that facilities [building] standards for school district and open-enrollment charter school facilities continue to provide a secure and safe environment. The commissioner shall, in consultation with the Texas School Safety Center, identify and adopt any changes recommended under Section 37.221.
SECTION 3. Subchapter B, Chapter 8, Education Code, is amended by adding Section 8.064 to read as follows:
Sec. 8.064. SCHOOL SAFETY SUPPORT. (a) A regional education service center shall act as a school safety resource, using materials and resources developed by the Texas School Safety Center or the agency in accordance with Chapter 37, for school districts and open-enrollment charter schools in the region served by the center. The center may assist a school district or open-enrollment charter school directly or in collaboration with the Texas School Safety Center and local law enforcement agencies, as applicable:
(1) in developing and implementing a multihazard emergency operations plan under Section 37.108;
(2) in establishing a school safety and security committee under Section 37.109;
(3) in conducting emergency school drills and exercises;
(4) in addressing deficiencies in campus security identified by a school safety review team under Section 37.1084; and
(5) by providing guidance on any other matter relating to school safety and security.
(b) A regional education service center:
(1) shall provide assistance as necessary to the region's school safety review team established under Section 37.1084; and
(2) may provide assistance as necessary to school districts and open-enrollment charter schools in the region served by the center through the direct provision of positive behavioral interventions and supports to a student enrolled in one of those districts or schools to mitigate or prevent future harmful, threatening, or violent behavior by the student.
SECTION 4. Section 12.104(b), Education Code, as amended by Chapters 542 (SB 168), 887 (SB 1697), 915 (HB 3607), 974 (SB 2081), and 1046 (SB 1365), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal offense;
(2) the provisions in Chapter 554, Government Code; and
(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C, Chapter 22;
(C) reading instruments and accelerated reading instruction programs under Section 28.006;
(D) accelerated instruction under Section 28.0211;
(E) high school graduation requirements under Section 28.025;
(F) special education programs under Subchapter A, Chapter 29;
(G) bilingual education under Subchapter B, Chapter 29;
(H) prekindergarten programs under Subchapter E or E-1, Chapter 29, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section 33.081;
(J) discipline management practices or behavior management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(N) the requirement under Section 21.006 to report an educator's misconduct;
(O) intensive programs of instruction under Section 28.0213;
(P) the right of a school employee to report a crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures under Section 37.0832;
(R) the right of a school under Section 37.0052 to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment;
(T) a parent's right to information regarding the provision of assistance for learning difficulties to the parent's child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section 25.001;
(V) school safety requirements under Sections 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics proficiency plans under Section 11.185;
(X) the college, career, and military readiness plans under Section 11.186; and
(Y) [(X)] parental options to retain a student under Section 28.02124.
SECTION 5. Subchapter Z, Chapter 22, Education Code, is amended by adding Section 22.904 to read as follows:
Sec. 22.904. MENTAL HEALTH TRAINING. (a) Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.
(b) A school district may not require a district employee who has previously completed mental health training offered by a local mental health authority under Section 1001.203, Health and Safety Code, to complete the training required by this section.
(c) From funds appropriated for the purpose, the agency shall provide an allotment to each school district to assist the district in complying with this section. The amount of an allotment provided to a school district under this subsection may not exceed the costs incurred by the district for employees' travel, training fees, and compensation for the time spent completing the training required by this section. The agency may proportionally reduce each district's allotment if the amount appropriated is insufficient to pay for all costs incurred by districts under this subsection.
(d) The State Board for Educator Certification shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements under Section 21.054(g) for the educator's participation in mental health training under this section.
(e) The commissioner shall adopt rules to implement this section, including rules specifying the training fees and travel expenses subject to reimbursement under Subsection (c).
SECTION 6. Section 25.002(a), Education Code, is amended to read as follows:
(a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:
(1) the child's birth certificate or another document suitable as proof of the child's identity;
(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state, including for a child who most recently attended a public school in this state, a copy of the child's disciplinary record and any threat assessment involving the child's behavior conducted under Section 37.115; and
(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.
SECTION 7. Section 25.036, Education Code, is amended by adding Subsection (c) to read as follows:
(c) In the case of a transfer under this section, a child's school district of residence shall provide the receiving district with the child's disciplinary record and any threat assessment involving the child's behavior conducted under Section 37.115.
SECTION 8. Section 37.081, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows: