SENATE JOURNAL
EIGHTY-EIGHTH LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

FORTY-SECOND DAY
(Wednesday, April 26, 2023)

The Senate met at 11:04 a.m. pursuant to adjournment and was called to order by President Pro Tempore Hancock.

The roll was called and the following Senators were present:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

The President Pro Tempore announced that a quorum of the Senate was present.

Minister Blan Crane, Northcrest Church of Christ, Mexia, offered the invocation as follows:

Most kind and gracious heavenly Father, we are a blessed people from the clothes that we have on our backs, to the food that we eat, to the freedom of living in this beautiful country. We know that everything that comes from You is good, and we give You glory and honor and praise for the blessings. We thank You for the privilege of being called Your children, and we thank You for the blessings of being our Father. Lord, we stand before You now as leaders of our state, our congregations, and our families, and we humbly beseech that You bless us with wisdom and a discerning heart. Help us use our thoughts and words, so they will be right, uplifting, and encouraging. Help us use our hearts and minds to help us work together as Texans for the people of Texas so that Your will will be done to bless the great State of Texas and bless the people who live here. I don't want to pass up an opportunity, Lord, to thank You, Lord, for Your son Jesus Christ. We thank You for Your grace. We thank You for Your mercy. We thank You for forgiveness and we thank You for Your salvation, and it's in Jesus' mighty name I pray this prayer, and the church said. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER
Austin, Texas
Wednesday, April 26, 2023 - 1

The Honorable President of the Senate
Senate Chamber
Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 3
Burrows
Relating to the development of, implementation of, and funding for public school safety and security requirements.

HB 13
King, Ken
Relating to training, preparedness, and funding for school safety and emergencies in public schools.

HB 44
Swanson
Relating to provider discrimination against a Medicaid recipient or child health plan program enrollee based on immunization status.

HB 114
Thompson, Ed
Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

HB 115
Ortega
Relating to the offense of public consumption of alcoholic beverages during certain hours.

HB 352
González, Jessica
Relating to the representation of certain indigent applicants for a writ of habeas corpus.

HB 386
González, Jessica
Relating to accommodating a voter unable to enter a polling place.

HB 390
Howard
Relating to the Internet broadcast or recording of certain open meetings.

HB 576
Raymond
Relating to the confidentiality of certain autopsy records.

HB 609
Vasut
Relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease.

HB 611
Capriglione
Relating to the creation of the criminal offense of unlawful disclosure of residence address or telephone number.

HB 637
Bailes
Relating to the payment of permanency care assistance after a child's 18th birthday.

HB 679
Bell, Keith
Relating to limitations on the use of workers' compensation insurance experience modifier values in soliciting and awarding public and private construction contracts.

HB 711
Frank
Relating to certain contract provisions and conduct affecting health care provider networks.

HB 790
Patterson
Relating to the processes for and the adjudication and payment of certain claims under the workers' compensation system.

HB 898
Stucky
Relating to the offense of passing certain vehicles on a highway; increasing a criminal penalty.

HB 1130
Spiller
Relating to a district or county attorney participating as counsel in certain proceedings.

HB 1207
Guillen
Relating to the statute of limitations for tampering with certain physical evidence.

HB 1221
Metcalf
Relating to authorizing the comptroller to release a reported owner's unclaimed property to the owner's crime victim in certain circumstances and payment by the Texas Department of Criminal Justice of certain amounts owed by an inmate.

HB 1391
Schaefer
Relating to the requirements to obtain a residential wireman license.

HB 1575
Hull
Relating to improving health outcomes for pregnant women under Medicaid and certain other public benefits programs.

HB 1769
Meyer
Relating to the statute of limitations for certain offenses committed against children.

HB 1859
Schaefer
Relating to the regulation of air conditioning and refrigeration contracting, including eligibility for an air conditioning and refrigeration technician registration or certification.

HB 1996
Hull
Relating to the regulation of group family leave insurance issued through an employer to pay for certain losses of income.

HB 2121
Paul
Relating to the form of a rendition statement or property report used to render property for ad valorem tax purposes.

HB 2237
Thompson, Senfronia
Relating to the establishment of the child first grant program.

HB 2455
King, Tracy O.
Relating to an annual occupational medical examination for fire fighters.

HB 2504
Button
Relating to the award of scholarship money by the Texas State Board of Public Accountancy to certain accounting students.

HB 2629
Rogers
Relating to the reporting of direct campaign expenditures by certain persons and political committees.

HB 2804
Kuempel
Relating to use of the name, image, or likeness of a student athlete participating in an intercollegiate athletic program at an institution of higher education.

HB 2929
Lozano
Relating to continuing education and training requirements for classroom teachers and public school counselors.

HB 3189
Garcia
Relating to information provided to an individual identified as a potential relative or designated caregiver of a child in the conservatorship of the Department of Family and Protective Services.

HB 3504
Leach
Relating to an application for emergency detention, procedures regarding court-ordered mental health services, and certain rights of patients admitted to private mental hospitals and certain other mental health facilities.

HB 3640
Noble
Relating to an exemption from ad valorem taxation of a portion of the appraised value of a property other than a residence homestead that is the primary residence of an adult who has an intellectual or developmental disability and who must be related to the owner or trustee of the property within a certain degree by consanguinity.

HB 4005
Raney
Relating to the establishment of the Texas Competency-Based Education Grant Program for certain students enrolled in competency-based baccalaureate degree programs and to formula funding and dropped and repeated course restrictions for students enrolled in those degree programs at public institutions of higher education.

HB 4101
Shine
Relating to the matters that may be the subject of limited binding arbitration to compel compliance with procedural requirements related to protests before appraisal review boards.

HB 4434
Kuempel
Relating to the Texas First Early High School Completion Program and the Texas First Scholarship Program.

HJR 47
Harris, Cody
Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation tangible personal property consisting of animal feed held by the owner of the property for sale at retail.

SB 222
Nichols
Sponsor: Metcalf
Relating to paid leave by certain state employees for the birth or adoption of a child.
(Committee Substitute/Amended)

SB 838
Creighton
Sponsor: Thierry
Relating to school districts and open-enrollment charter schools providing silent panic alert technology in classrooms.

SB 1017
Birdwell
Sponsor: Landgraf
Relating to the authority of a political subdivision to regulate an energy source or engine.
(Committee Substitute)

SJR 32
Blanco
Sponsor: Moody
Proposing a constitutional amendment relating to the authority of the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities.

Respectfully,

/s/Stephen Brown,
Chief Clerk
House of Representatives

PHYSICIAN OF THE DAY

Senator Eckhardt was recognized and presented Dr. Larry Kravitz of Austin as the Physician of the Day.

The Senate welcomed Dr. Kravitz, accompanied by Nashra Javed and Katie Goodfellow, and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator LaMantia was recognized and introduced to the Senate a City of Alamo delegation.

The Senate welcomed its guests.

SENATE RESOLUTION 455

Senator King offered the following resolution:

SR 455, Commemorating the 75th anniversary of the founding of the modern state of Israel.

KING
HANCOCK
PARKER
ALVARADO
HINOJOSA
PAXTON
BETTENCOURT
HUFFMAN
PERRY
BIRDWELL
HUGHES
SCHWERTNER
BLANCO
JOHNSON
SPARKS
CAMPBELL
KOLKHORST
SPRINGER
CREIGHTON
LAMANTIA
WEST
ECKHARDT
MENÉNDEZ
WHITMIRE
FLORES
MIDDLETON
ZAFFIRINI
GUTIERREZ
MILES
HALL
NICHOLS

The resolution was read.

On motion of Senator Kolkhorst and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator King, the resolution was adopted without objection.

GUESTS PRESENTED

Senator King was recognized and introduced to the Senate Texas Holocaust, Genocide, and Antisemitism Advisory Commission Chair Kenneth Goldberg and his wife, Sherry, THGAAC Commissioner Sandra Hagee Parker, Republican Jewish Coalition Co-chair and Director Fred Zeidman, and Counsul General of Israel to the Southwest Livia Link-Raviv.

The Senate welcomed its guests.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President Pro Tempore announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

There was no objection.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President Pro Tempore announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Sparks.

Senator Campbell moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President Pro Tempore asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:  Yeas 31, Nays 0.

Member, Oversight Committee, Cancer Prevention and Research Institute of Texas:  David Andrew Cummings, Tom Green County.

Members, Commission on Jail Standards:  Duane Lock, Tarrant County; Andrew Benson Perry, McLennan County; Esmaiel Porsa, Harris County.

Member, Executive Council of Physical Therapy and Occupational Therapy Examiners:  Manoranjan Mahadeva, Collin County.

Members, Governing Board, Texas Civil Commitment Office:  Roberto Dominguez, Hildago County; Elizabeth Christina Jack, Tarrant County.

Members, Parks and Wildlife Commission:  Oliver J. Bell, Montgomery County; Richard Randal Scott, Hays County.

Members, School Land Board:  Gilbert Burciaga, Travis County; Marcella C. Burke, Harris County; James Bradley Curlee, Williamson County; Michael Austin Neill, Henderson County.

Member, State Commission on Judicial Conduct:  Chace A. Craig, Taylor County.

Members, Board of Regents, The Texas A&M University System:  David Carl Baggett, Harris County; John Wayne Bellinger, Bexar County; Roland Sam Torn, Harris County.

Members, Texas Appraiser Licensing and Certification Board:  Rolando Flores Castro, Harris County; John Henry Eichelberger, Harris County.

Members, Texas Industrialized Building Code Council:  Devin Duvak, Tarrant County; Otis Wayne Jones, Harris County; Binoy Joseph Kurien, Brazoria County; Edward Earl Martin, Travis County; Scott Alexander McDonald, Tarrant County; Stephen Chi Shang, Travis County.

Member, Texas Lottery Commission:  Robert Gabriel Rivera, Dallas County.

Members, Texas Real Estate Commission:  Stuart Aaron Bernstein, Travis County; Chance Alton Brown, Harris County; Renee Williams Harvey Lowe, Red River County.

Members, Board of Regents, Texas Southern University:  James Matthew Benham, Brazos County; Brandon Lerone Simmons, Harris County.

Members, Texas State Board of Public Accountancy:  Kimberly Dawn Crawford, Tarrant County; Sherri Kay Brannon Merket, Midland County; Thomas Maddux Neuhoff, Smith County; Susan Marie Warren, Williamson County.

Members, Board of Regents, Texas State Technical College System:  Antonio A. Abad, Bexar County; Curtis Charles Cleveland, McLennan County; Sandra Lizette de la Garza Putegnat, Cameron County; Robert Joseph Misso, Williamson County.

Members, Board of Regents, Texas Tech University System:  Clay C. Cash, Lubbock County; Timothy Graham Culp, Midland County; Shelley Schmitz Sweatt, Wichita County.

Members, Texas Transportation Commission:  Steven Dale Alvis, Waller County; Alejandro G. Meade, Hildago County.

Member, Board of Regents, University of Houston System:  Lorinda Madison, Harris County.

Members, Board of Regents, The University of Texas System:  Robert Paul Gauntt, Travis County; Janiece M. Longoria, Harris County; James Conrad Weaver, Bexar County.

Member, Board of Directors, Upper Guadalupe River Authority:  Richard G. Eastland, Kerr County.

NOMINEE CONFIRMED

The following nominee, as reported by the Committee on Nominations, was confirmed by the following vote:  Yeas 29, Nays 2.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays:  LaMantia, Miles.

Member, Board of Regents, Texas Southern University:  Richard Andrew Johnson, Harris County.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

April 26, 2023
Austin, Texas

TO THE SENATE OF THE EIGHTY-EIGHTH LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

To be members of the Department of Information Resources for terms to expire February 1, 2029:

Michael D. "Mike" Bell
Spring, Texas

Benjamin E. "Ben" Gatzke
Fort Worth, Texas

The individuals listed above are being reappointed.

Respectfully submitted,

/s/Greg Abbott
Governor

CONCLUSION OF MORNING CALL

The President Pro Tempore at 11:53 a.m. announced the conclusion of morning call.

SENATE BILL 2059 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration SB 2059 at this time on its second reading:

SB 2059, Relating to grant programs established to support nursing education and training.

The motion prevailed.

Senators Hughes and Springer asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Hughes, Springer.

SENATE BILL 2059 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2059 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 29, Nays 2.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.

Nays:  Hughes, Springer.

The bill was read third time and was passed by the following vote:  Yeas 29, Nays 2. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1517 ON SECOND READING

Senator King moved to suspend the regular order of business to take up for consideration CSSB 1517 at this time on its second reading:

CSSB 1517, Relating to prohibiting certain academic boycotts of foreign countries by public institutions of higher education.

The motion prevailed.

Senators Gutierrez, Johnson, Menéndez, and West asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Gutierrez, Johnson, Menéndez, West.

COMMITTEE  SUBSTITUTE
SENATE BILL 1517 ON THIRD READING

Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1517 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.

Nays:  Gutierrez, Johnson, Menéndez, West.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

SENATE BILL 1794 ON SECOND READING

Senator Menéndez moved to suspend the regular order of business to take up for consideration SB 1794 at this time on its second reading:

SB 1794, Relating to conditions imposed on an emergency services district that includes territory in the extraterritorial jurisdiction of certain municipalities.

The motion prevailed.

Senator Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Menéndez offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1794 (senate committee printing) in SECTION 10 of the bill, providing the effective date (page 2, line 46), by striking "September 1, 2023" and substituting "March 1, 2024".

The amendment to SB 1794 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 1794 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Hughes.

SENATE BILL 1794 ON THIRD READING

Senator Menéndez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1794 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Hughes.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 410 ON SECOND READING

Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 410 at this time on its second reading:

CSSB 410, Relating to fetal development instruction included as part of the public school health curriculum in certain grade levels.

The motion prevailed.

Senators Alvarado, Blanco, Eckhardt, Gutierrez, Miles, West, and Whitmire asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 24, Nays 7.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Miles, West, Whitmire.

COMMITTEE  SUBSTITUTE
SENATE BILL 410 ON THIRD READING

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 410 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 25, Nays 6.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, West, Whitmire.

The bill was read third time and was passed by the following vote:  Yeas 24, Nays 7.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Miles, West, Whitmire.

COMMITTEE  SUBSTITUTE
SENATE BILL 997 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration CSSB 997 at this time on its second reading:

CSSB 997, Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.

The motion prevailed.

Senator Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Hughes.

COMMITTEE  SUBSTITUTE
SENATE BILL 997 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 997 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Hughes.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1155 ON SECOND READING

On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1155 at this time on its second reading:

CSSB 1155, Relating to continuation and operations of a health care provider participation program by the Bexar County Hospital District.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 1155 ON THIRD READING

Senator Menéndez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1155 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

COMMITTEE  SUBSTITUTE
SENATE BILL 397 ON THIRD READING

Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 397 at this time on its third reading and final passage:

CSSB 397, Relating to the procedures for closing a polling place.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

SENATE BILL 2593 ON THIRD READING

Senator Springer moved to suspend the regular order of business to take up for consideration SB 2593 at this time on its third reading and final passage:

SB 2593, Relating to a defense to prosecution for certain assaultive offenses involving the use or exhibition of a less-lethal projectile device by a peace officer.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

SENATE BILL 1534 ON SECOND READING

Senator Schwertner moved to suspend the regular order of business to take up for consideration SB 1534 at this time on its second reading:

SB 1534, Relating to restrictions on covenants not to compete for physicians and certain other health care practitioners.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.

Nays:  Alvarado, Gutierrez, Miles, Whitmire.

The bill was read second time.

Senator Schwertner offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1534 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1.  Section 15.50, Business & Commerce Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:
(a)  Notwithstanding Section 15.05 [of this code,] and subject to any applicable provision of Subsection (b) and Section 15.501, a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.
(b)  A covenant not to compete relating to the practice of medicine is enforceable against a person licensed as a physician by the Texas Medical Board if such covenant complies with the following requirements:
(1)  the covenant must:
(A)  not deny the physician access to a list of the physician's [his] patients whom the physician [he] had seen or treated within one year of termination of the contract or employment;
(B)  provide access to medical records of the physician's patients upon authorization of the patient and any copies of medical records for a reasonable fee as established by the Texas Medical Board under Section 159.008, Occupations Code; and
(C)  provide that any access to a list of patients or to patients' medical records after termination of the contract or employment shall not require such list or records to be provided in a format different than that by which such records are maintained except by mutual consent of the parties to the contract;
(2)  the covenant must provide for a buyout [buy out] of the covenant by the physician in an amount that is not greater than the physician's total annual salary and wages at the time of termination of the contract or employment [at a reasonable price or, at the option of either party, as determined by a mutually agreed upon arbitrator or, in the case of an inability to agree, an arbitrator of the court whose decision shall be binding on the parties]; [and]
(3)  the covenant must provide that the physician will not be prohibited from providing continuing care and treatment to a specific patient or patients during the course of an acute illness even after the contract or employment has been terminated; and
(4)  the covenant must:
(A)  expire not later than the one year anniversary of the date the contract or employment terminated; and
(B)  limit the geographical area subject to the covenant to no more than:
(i)  a five-mile radius, if more than half of the area subject to the covenant is located in a county with a population of 50,000 or more; or
(ii)  a 10-mile radius, if more than half of the area subject to the covenant is located in a county with a population of less than 50,000.
(d)  Notwithstanding any other law, a covenant not to compete relating to the practice of medicine is void and unenforceable against a person licensed as a physician by the Texas Medical Board if the physician is discharged without good cause. For purposes of this subsection, "good cause" means a reasonable basis for discharge of a physician from employment that is directly related to the physician's conduct, including the physician's conduct on the job or otherwise, job performance, and employment record.
SECTION 2.  Subchapter E, Chapter 15, Business & Commerce Code, is amended by adding Section 15.501 to read as follows:
Sec. 15.501.  COVENANTS NOT TO COMPETE AGAINST HEALTH CARE PRACTITIONERS. (a) In this section, "health care practitioner" means:
(1)  a person licensed by the State Board of Dental Examiners to practice dentistry in this state;
(2)  a person licensed under Chapter 301, Occupations Code, to engage in professional or vocational nursing; or
(3)  a physician assistant licensed under Chapter 204, Occupations Code.
(b)  A covenant not to compete against a health care practitioner is not enforceable unless the covenant:
(1)  provides for a buyout of the covenant by the health care practitioner in an amount that is not greater than the practitioner's total annual salary and wages at the time of termination of the practitioner's contract or employment;
(2)  expires not later than the one year anniversary of the contract or employment terminated; and
(3)  limits the geographical area subject to the covenant to no more than:
(A)  a five-mile radius, if more than half of the area subject to the covenant is located in a county with a population of 50,000 or more; or
(B)  a 10-mile radius, if more than half of the area subject to the covenant is located in a county with a population of less than 50,000.
(c)  Notwithstanding any other law, a covenant not to compete is void and unenforceable against a health care practitioner if the health care practitioner is discharged without good cause. For purposes of this subsection, "good cause" means a reasonable basis for discharge of a health care practitioner from employment that is directly related to the health care practitioner's conduct, including the health care practitioner's conduct on the job or otherwise, job performance, and employment record.
SECTION 3.  Section 15.52, Business & Commerce Code, is amended to read as follows:
Sec. 15.52.  PREEMPTION OF OTHER LAW. The criteria for enforceability of a covenant not to compete provided by Sections [Section] 15.50 and 15.501 [of this code] and the procedures and remedies in an action to enforce a covenant not to compete provided by Section 15.51 [of this code] are exclusive and preempt [any] other law, including [criteria for enforceability of a covenant not to compete or procedures and remedies in an action to enforce a covenant not to compete under] common law [or otherwise].
SECTION 4.  The changes in law made by this Act apply only to a covenant not to compete entered into or renewed on or after the effective date of this Act. A covenant not to compete entered into or renewed before the effective date of this Act is governed by the law in effect on the date the covenant was entered into or renewed, and the former law is continued in effect for that purpose.
SECTION 5.  This Act takes effect September 1, 2023.

The amendment to SB 1534 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 1534 as amended was passed to engrossment by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.

Nays:  Alvarado, Gutierrez, Miles, Whitmire.

SENATE BILL 1534 ON THIRD READING

Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1534 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.

Nays:  Alvarado, Gutierrez, Miles, Whitmire.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1990 ON SECOND READING

On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1990 at this time on its second reading:

CSSB 1990, Relating to the procedure for selecting a provider of professional services by certain water districts.

The bill was read second time.

Senator Bettencourt offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1990 (senate committee report) in SECTION 1 of the bill as follows:
(1)  Strike the recital (page 1, lines 24 and 25) and substitute the following:
SECTION 1.  Section 49.057, Water Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(2)  Immediately following amended Section 49.057(d), Water Code (page 1, between lines 30 and 31), insert the following:
(d-1)  For purposes of this section, "provider of professional services" includes:
(1)  a provider of professional services described by Section 2254.002(2)(B), Government Code;
(2)  an attorney;
(3)  an auditor; or
(4)  a financial advisor.

The amendment to CSSB 1990 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 1990 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 1990 ON THIRD READING

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1990 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

COMMITTEE  SUBSTITUTE
SENATE BILL 491 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 491 at this time on its second reading:

CSSB 491, Relating to building height restrictions in certain municipalities.

The motion prevailed by the following vote:  Yeas 25, Nays 6.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Gutierrez, Johnson, Menéndez, West, Whitmire.

The bill was read second time.

Senator Alvarado offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 491 (senate committee report) in SECTION 1 of the bill, immediately after added Section 214.908(e), Local Government Code (page 1, between lines 51 and 52), by inserting the following appropriately lettered subsections and relettering subsequent subsections and cross-references to those subsections accordingly:
( )  This section does not apply to a tower that is:
(1)  a fixed, uninhabitable structure, regardless of whether free-standing or guyed; and
(2)  not designed to act as a shelter or to be occupied for any use.
( )  This section does not affect the validity or enforceability by any person of a restrictive covenant or deed restriction.

The amendment to CSSB 491 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 491 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Gutierrez, Johnson, West.

COMMITTEE  SUBSTITUTE
SENATE BILL 491 ON THIRD READING

Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 491 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 28, Nays 3.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.

Nays:  Gutierrez, Johnson, West.

The bill was read third time and was passed by the following vote:  Yeas 28, Nays 3. (Same as previous roll call)

SENATE BILL 813 ON SECOND READING

Senator Miles moved to suspend the regular order of business to take up for consideration SB 813 at this time on its second reading:

SB 813, Relating to providing notice to a state representative and senator of certain administrative actions of the Texas Commission on Environmental Quality.

The motion prevailed.

Senator Creighton asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Miles offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 813 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in amended Section 7.060, Water Code (page 1, line 25), between "PENALTY." and "If", insert "(a)".
(2)  In SECTION 1 of the bill, in amended Section 7.060, Water Code (page 1, line 31), between "(2)" and "notify", insert "if required by Subsection (b),".
(3)  In SECTION 1 of the bill, immediately following amended Section 7.060, Water Code (page 1, between lines 33 and 34), insert the following:
(b)  The commission shall:
(1)  affirmatively offer each state representative and state senator the opportunity to receive notice under Subsection (a)(2); and
(2)  provide appropriate notice to each representative or senator who elects to receive notice under this section.
(4)  Strike the recital to SECTION 2 of the bill (page 1, lines 34 and 35) and substitute the following:
SECTION 2.  Section 7.075, Water Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(5)  In SECTION 2 of the bill, in amended Section 7.075(a), Water Code (page 1, line 46), between "(3)" and "notify", insert "if required by Subsection (a-1),".
(6)  In SECTION 2 of the bill, immediately following amended Section 7.075(a), Water Code (page 1, between lines 48 and 49), insert the following:
(a-1)  The commission shall:
(1)  affirmatively offer each state representative and state senator the opportunity to receive notice under Subsection (a)(3); and
(2)  provide appropriate notice to each representative or senator who elects to receive notice under this section.

The amendment to SB 813 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 813 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Creighton.

SENATE BILL 813 ON THIRD READING

Senator Miles moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 813 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Creighton.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

SENATE BILL 2325 ON SECOND READING

Senator Zaffirini moved to suspend the regular order of business to take up for consideration SB 2325 at this time on its second reading:

SB 2325, Relating to the eligibility of certain events for funding under the Major Events Reimbursement Program.

The motion prevailed.

Senators Hall, Hughes, Kolkhorst, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 2325 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 3.  Section 478.0001(3), Government Code, as amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), 605 (S.B. 1155), and 915 (H.B. 3607), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:
(3)  "Event" means any of the following and includes any activity related to or associated with the following:
(A)  the Academy of Country Music Awards;
(B)  the Amateur Athletic Union Junior Olympic Games;
(C)  a Big 12 Football Conference Championship game;
(D)  the Breeders' Cup World Championships;
(E)  a game of the College Football Playoff or its successor;
(F)  the Confederation of North, Central America and Caribbean Association Football (Concacaf) Gold Cup;
(G) [(F)]  a CONVRG conference;
(H) [(G)]  an Elite Rodeo Association World Championship;
(I)  the [(H) a] Formula One United States Grand Prix [automobile race];
(J) [(I)]  the largest event held each year at a sports entertainment venue in this state with a permanent seating capacity, including grandstand and premium seating, of at least 125,000 on September 1, 2021;
(K) [(J)]  the Major League Baseball All-Star Game;
(L) [(K)]  the Major League Soccer All-Star Game or the Major League Soccer Cup;
(M) [(L)]  a mixed martial arts championship;
(N) [(M)]  the Moto Grand Prix of the United States;
(O) [(N)]  the National Association for Stock Car Auto Racing (NASCAR):
(i)  All-Star Race;
(ii)  season-ending Championship Race; or
(iii)  Texas Grand Prix race;
(P) [(O)]  the National Basketball Association All-Star Game;
(Q) [(P)]  a National Collegiate Athletic Association Final Four tournament game;
(R) [(Q)] the National Collegiate Athletic Association men's or women's lacrosse championships;
(S) [(R)]  a national collegiate championship of an amateur sport sanctioned by the national governing body of the sport that is recognized by the United States Olympic Committee;
(T) [(S)]  the National Cutting Horse Association Triple Crown;
(U) [(T)]  the National Hockey League All-Star Game;
(V)  the National Hot Rod Association Fall Nationals at the Texas Motorplex;
(W) [(U)]  a national political convention of the Republican National Committee or the Democratic National Committee;
(X) [(V)]  a championship event in the National Reined Cow Horse Association (NRCHA) Championship Series;
(Y) [(W)]  an Olympic activity, including a Junior or Senior activity, training program, or feeder program sanctioned by the United States Olympic Committee's Community Olympic Development Program;
(Z) [(X)]  a presidential general election debate;
(AA) [(Y)]  the Professional Rodeo Cowboys Association National Finals Rodeo;
(BB) [(Z)]  a Super Bowl;
(CC) [(AA)]  the United States Open Championship;
(DD) [(BB)]  a World Cup soccer game or the World Cup soccer tournament;
(EE) [(CC)]  the World Games;
(FF) [(DD)]  a World Wrestling Entertainment WrestleMania event; or
(GG) [(EE)]  the X Games.
SECTION 4.  Section 478.0001(7), Government Code, as amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), and 915 (H.B. 3607), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:
(7)  "Site selection organization" means:
(A)  the Academy of Country Music;
(B)  the Amateur Athletic Union;
(C)  the Big 12 Conference;
(D)  the College Football Playoff Administration, LLC, or its successor;
(E)  the Commission on Presidential Debates;
(F)  the Confederation of North, Central America and Caribbean Association Football (Concacaf);
(G) [(F)]  the Democratic National Committee;
(H) [(G)]  Dorna Sports;
(I) [(H)]  the Elite Rodeo Association;
(J) [(I)]  Encore Live;
(K) [(J)]  ESPN or an affiliate;
(L) [(K)]  the Federation Internationale de Football Association (FIFA);
(M) [(L)]  the International World Games Association;
(N) [(M)]  Major League Baseball;
(O) [(N)]  Major League Soccer;
(P) [(O)]  the National Association for Stock Car Auto Racing (NASCAR);
(Q) [(P)]  the National Basketball Association;
(R) [(Q)]  the National Collegiate Athletic Association;
(S) [(R)]  the National Cutting Horse Association;
(T) [(S)]  the National Football League;
(U) [(T)]  the National Hockey League;
(V)  the National Hot Rod Association;
(W) [(U)]  the National Reined Cow Horse Association (NRCHA);
(X) [(V)]  the Professional Rodeo Cowboys Association;
(Y) [(W)]  the Republican National Committee;
(Z) [(X)]  the Ultimate Fighting Championship;
(AA) [(Y)]  the United States Golf Association;
(BB) [(Z)]  the United States Olympic Committee;
(CC) [(AA)]  World Wrestling Entertainment; or
(DD) [(BB)]  the national governing body of a sport that is recognized by:
(i)  the Federation Internationale de l'Automobile;
(ii)  Formula One Management Limited, or its successor;
(iii)  the National Thoroughbred Racing Association; or
(iv)  the United States Olympic Committee.
SECTION 5.  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 6.  This Act takes effect September 1, 2023.

The amendment to SB 2325 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 2325 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Hall, Hughes, Kolkhorst, Middleton.

SENATE BILL 2325 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2325 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays:  Hall, Hughes, Kolkhorst, Middleton.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 2173 ON SECOND READING

On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2173 at this time on its second reading:

CSSB 2173, Relating to a pilot program for the safe disposal of prescription drugs, including controlled substance prescription drugs.

The bill was read second time.

Senator Alvarado offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 2173 (senate committee report) in SECTION 1 of the bill, in added Section 442A.201, Health and Safety Code (page 3, lines 57-58), by striking "September 1, 2029" and substituting "on the second anniversary of the date that all money appropriated for the pilot program has been expended".

The amendment to CSSB 2173 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 2173 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 2173 ON THIRD READING

Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2173 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

COMMITTEE  SUBSTITUTE
SENATE BILL 789 ON SECOND READING

On motion of Senator Johnson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 789 at this time on its second reading:

CSSB 789, Relating to academic distinction designations under the public school accountability system and the career and technology allotment under the Foundation School Program.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 789 ON THIRD READING

Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 789 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1932 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration SB 1932 at this time on its second reading:

SB 1932, Relating to authorizing secondary wine sales; requiring a registration; authorizing an administrative penalty; authorizing a fee and a tax.

The motion prevailed by the following vote:  Yeas 24, Nays 6, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Gutierrez, Johnson, Perry, West, Whitmire.

Present-not voting:  LaMantia.

The bill was read second time.

Senator Creighton offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1932 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1.  Title 4, Alcoholic Beverage Code, is amended by adding Chapter 111 to read as follows:
CHAPTER 111. SECONDARY WINE SALES
Sec. 111.001.  DEFINITIONS. In this chapter:
(1)  "Permitted restaurant" means a restaurant that holds:
(A)  a mixed beverage permit, a wine and malt beverage retailer's permit, or a private club registration permit; and
(B)  a food and beverage certificate.
(2)  "Wine collection seller" means a person who:
(A)  is at least 21 years of age;
(B)  does not hold a license or permit under this code; and
(C)  is:
(i)  an administrator, executor, receiver, or other fiduciary who receives and sells wine in execution of the person's fiduciary capacity;
(ii)  a creditor who receives or takes possession of wine as security for, or in payment of, debt, in whole or in part;
(iii)  a public officer or court official who levies on wine under order or process of any court or magistrate to sell the wine in satisfaction of the order or process; or
(iv)  any other person who does not hold or have an interest in a permit or a license or in the business of a permit or license holder under this code and is not engaged in the business of selling alcoholic beverages.
Sec. 111.002.  AUTHORIZED ACTIVITIES. A wine collection seller may sell to a permitted restaurant wine that is:
(1)  lawfully owned or possessed by the wine collection seller;
(2)  in an original container sealed by the manufacturer; and
(3)  manufactured not less than 20 years before the date the wine collection seller sells the wine to a permitted restaurant.
Sec. 111.003.  PURCHASE BY RESTAURANT; SALE TO CONSUMER. A permitted restaurant may purchase wine from a wine collection seller and sell that wine to an ultimate consumer for on-premises consumption in accordance with the permit held by the permitted restaurant.
Sec. 111.004.  RECORDS. (a) A permitted restaurant that purchases wine under this chapter shall maintain a record of each purchase. A permitted restaurant shall maintain the record until the second anniversary of the date the restaurant sells the wine to an ultimate consumer.
(b)  The record, at a minimum, must include:
(1)  the name, address, and phone number of the wine collection seller who sold the wine to the permitted restaurant;
(2)  a description of the wine;
(3)  details of the transaction between the wine collection seller and the permitted restaurant, including the brand name and quantity of containers purchased by the permitted restaurant;
(4)  the date of the purchase; and
(5)  any documents that support the provenance of the wine.
(c)  A permitted restaurant shall make a record of a wine purchase made under this chapter available upon request to the ultimate consumer who purchases the wine. The ultimate consumer may request the records either before or after the sale to the consumer. The permitted restaurant may redact from the record the price the restaurant paid for the wine.
(d)  The commission shall assess an administrative penalty in the amount of $500 against a permitted restaurant for each violation of this section.
Sec. 111.005.  TAX. Sales of wine by a wine collection seller to a permitted restaurant under this chapter are exempt from the taxes imposed under Subchapter A, Chapter 201.
SECTION 2.  As soon as practicable after the effective date of this Act, the Texas Alcoholic Beverage Commission shall adopt rules necessary to implement Chapter 111, Alcoholic Beverage Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2023.

The amendment to SB 1932 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 1932 as amended was passed to engrossment by the following vote:  Yeas 24, Nays 6, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Gutierrez, Johnson, Perry, West, Whitmire.

Present-not voting:  LaMantia.

SENATE BILL 1932 ON THIRD READING

Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1932 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 25, Nays 5, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, Springer, Whitmire, Zaffirini.

Nays:  Alvarado, Gutierrez, Johnson, Perry, West.

Present-not voting:  LaMantia.

The bill was read third time and was passed by the following vote:  Yeas 24, Nays 6, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Alvarado, Gutierrez, Johnson, Perry, West, Whitmire.

Present-not voting:  LaMantia.

COMMITTEE  SUBSTITUTE
SENATE BILL 1075 ON SECOND READING

Senator King moved to suspend the regular order of business to take up for consideration CSSB 1075 at this time on its second reading:

CSSB 1075, Relating to facilities and construction machinery used to respond to power outages.

The motion prevailed.

Senator Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator King offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1075 (senate committee printing) in SECTION 1 of the bill as follows:
(1)  In amended Section 39.918(b)(1), Utilities Code (page 2, line 4), strike "or own".
(2)  In amended Section 39.918, Utilities Code (page 2, between lines 21 and 22), insert the following:
(b-2)  An affiliate of a transmission and distribution utility:
(1)  may own temporary emergency electric energy facilities described by Subsection (b)(1);
(2)  may lease to the utility temporary emergency electric energy facilities described by Subsection (b)(1) if the costs of the lease comply with the requirements of Section 36.058;
(3)  is not considered to be a power generation company for the purposes of this title or the commission's rules based solely on the ownership of and leasing to the utility temporary emergency electric energy facilities described by Subsection (b)(1);
(4)  is considered to be a competitive affiliate for the purposes of this title and the commission's rules if the affiliate engages in the business of owning and leasing to unaffiliated third parties temporary emergency electric energy facilities described by Subsection (b)(1); and
(5)  is considered to be a competitive affiliate only for the purposes of Section 36.058 if:
(A)  the affiliate engages solely in the business of owning and leasing to the utility temporary emergency electric energy facilities described by Subsection (b)(1); and
(B)  the utility demonstrates that the cost of leasing temporary emergency electric energy facilities described by Subsection (b)(1) from the affiliate provides benefits to ratepayers equal to or greater than would have been achieved by leasing the facilities from an unaffiliated third party.
(3)  Strike "or owns" in each of the following places:
(A)  in amended Section 39.918(g), Utilities Code (page 2, lines 55-56);
(B)  in amended Section 39.918(h)(1), Utilities Code (page 2, line 63); and
(C)  in added Section 39.918(m), Utilities Code (page 3, line 38).
(4)  In amended Section 39.918(h), Utilities Code (page 2, line 64), strike "or owning".
(5)  In amended Section 39.918(i), Utilities Code (page 3, line 10), strike "leasing, [or]" and substitute "leasing or".
(6)  In amended Section 39.918(j), Utilities Code (page 3, lines 13-14), strike "leasing, [or] procuring, owning, or [and]" and substitute "leasing or procuring, owning, and".
(7)  In added Section 39.918(k), Utilities Code (page 3, line 26), strike "considered" and substitute "treated as".
(8)  In added Section 39.918(m), Utilities Code (page 3, lines 34-37), strike "The total capacity of facilities a transmission and distribution utility leases or owns and operates under Subsection (b)(1) may not exceed three percent of the utility's historical peak load.".
(9)  Strike added Section 39.918(n), Utilities Code (page 4, lines 1-22) and substitute the following:
(n)  The commission may:
(1)  establish the capacity of facilities that may be operated by a transmission and distribution utility in aid of restoration for each type or category of significant power outage;
(2)  establish reasonable conditions on the operation and use of facilities, including duration times and prioritizing use to serve critical infrastructure facilities that serve the public such as hospitals, health care facilities, law enforcement facilities, fire stations, and water or wastewater facilities; and
(3)  require compliance with applicable law, including any rule or order of the commission.

The amendment to CSSB 1075 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 1075 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Eckhardt.

COMMITTEE  SUBSTITUTE
SENATE BILL 1075 ON THIRD READING

Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1075 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Eckhardt.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1056 ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1056 at this time on its second reading:

CSSB 1056, Relating to the directors and administration of the Hidalgo County Water Improvement District No. 3; creating a criminal offense.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 1056 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1056 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 719 ON SECOND READING

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration SB 719 at this time on its second reading:

SB 719, Relating to an exemption from ad valorem taxation of property owned by a charitable organization that provides services related to the placement of a child in a foster or adoptive home.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

SENATE BILL 719 ON THIRD READING

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 719 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

(President in Chair)

COMMITTEE  SUBSTITUTE
SENATE BILL 147 ON THIRD READING

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 147 at this time on its third reading and final passage:

CSSB 147, Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Perry, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

REMARKS ORDERED PRINTED

On motion of Senator Middleton and by unanimous consent, the remarks by Senator Kolkhorst regarding CSSB 147 on final passage were ordered reduced to writing and printed in the Senate Journal as follows:

Thank you, Mr. President. Thank you for your remarks. You know, Dean, you always say this is one of the most deliberative bodies in the United States, maybe in the world. Senator Johnson, thank you for your engagement, always thoughtful. Senator Bettencourt, thank you for your words. I want to state very plainly what Senate Bill 147 does. Senate Bill 147 is linked to a list of countries from the annual threat assessment. They have to be on that threat assessment for three years. It gives a mechanism that if author, regime that is hostile toward the United States changes and rolls off of that, it doesn't apply to them. Senate Bill 147 is limited to particular types of land that are of national security interest: agriculture land, minerals in place, mines and quarries, or standing timber. Senate Bill 147 provides homestead exemptions for all people of all nations. Senate Bill 147 allows leasehold interest and provides avenues for investment just restricting control. Senate Bill 147 divestment process, which is the enforcement mechanism, requires due process, a district court finding, then receivership with proceeds going not to the state, it is not a taking, but to the owner of which has been divested. It is not a taking. At the end of the day, the key is tied to national security, protecting energy, food, and national security. Ceding control to authoritarian nations listed on the national threat assessment in crops, energy deposit, energy deposits, and rare earth materials in Texas could cause grave consequences for America if they are not protected. Texas is rich. Oh my gosh, we have 16 of the 17 rare earth materials. It is home to invaluable strategic military bases and installations, 20, in fact, across our great state. Texas is not an outlier in discussing these kinds of issues. I said in my opening remarks this is a difficult discussion but the right discussion to have. Why do I say that? Because according to Senate Research, 22 states already restrict foreign owned land. And, in fact, in 2021, a Democrat-controlled U.S. House of Representatives passed amendment on the Ag bill that named the four countries, China, Russia, Iran, and North Korea, and prohibited them from buying agriculture land. Why? Because we see the trend and the trend began in 2009, according to the USDA, and it has accelerated. Why has it accelerated? Some of these countries do not have what we have. Some of their land is not productive. So, they are out seeking, go look across the world. China is buying up land everywhere, not just in the United States. Why are they doing it in Michigan and North Dakota and Florida? Why is it that California, California Legislature put a very similar bill like 147 on Gavin Newsom's desk? Why did they, that last year? Because they, too, were concerned about their agricultural land and ceding it to hostile nations against our country. Food security is national security. Why are, right now, Florida and other states taking up a bill extremely similar to Senate Bill 147? Because they, too, believe that national security is at the forefront of what legislatures do when the federal government fails us. Let's not forget that there was a Chinese balloon that floated over the United States of America. And we watched it, and we knew that they were gathering intel on us. Let's not forget the very week that I laid out this bill that the Russians had a submarine off of our East Coast as is documented by Newsweek right here. Members, there are three kind of wars, kinetic wars, financial wars, and informational wars. And I will tell you that we are in a place where it's all a battle. And protecting our farmland, protecting our natural resources, is the right thing to do at the right time. Governor Patrick, you said, the world is in chaos and they need a strong America. And America's not strong without a strong Texas. Senate Bill 147 is just about maintaining a strong Texas. It is not, it is not in any way picking out someone of a certain origin. Senator Hinojosa, a battle combat man, served our country, you brought up yesterday that Russians are blonde-haired and blue-eyed. This is not singling out one origin. This is singling out nations that are listed on the national threat assessment and these four countries have been named by two administrations, the Trump administration and the Biden administration. And we see this growing in nature. So, Members, I don't ever bring a bill to you that is meant to divide us. This bill should not divide us. This bill should unite us. It should allow us to come together to agree that Texas must do its part in national, in the national security conversation. We can agree to say no to hostile nations that seek harm to our state and prevent them from accessing our valuable land. To prevent them from buying 147—40,000 acres that they accumulated over a period of two years next to Laughlin Air Force Base. We should all be able to agree to that. This bill has changed a lot because of input by Members and Members' constituents and my constituents. And you're right, Dean, I represent a diverse group of people, and I had a South Asian text me yesterday and say to me, and I will quote if you give me just a second, SB 147, thank you for your leadership and for getting this done. We and our future will be better. Our constituents know that it is a different time in this world. And when Texas stands up and is strong, Mr. President, America is stronger and the world is a better place. Thank you all for allowing me to bring this bill. It is, Dean, the most deliberative body and that's why we share our ideas. I rejoice in our disagreements because we live in a country where you and I can fight for our constituents in different ways, and the countries that are listed in the national threat assessment do not allow that. God bless Texas, God bless America. I move final passage of Committee Substitute to Senate Bill 147.

COMMITTEE  SUBSTITUTE
SENATE BILL 565 ON SECOND READING

On motion of Senator Sparks and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 565 at this time on its second reading:

CSSB 565, Relating to the release of a reversionary interest in certain real property by the Health and Human Services Commission.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 565 ON THIRD READING

Senator Sparks moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 565 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

COMMITTEE  SUBSTITUTE
SENATE BILL 1639 ON SECOND READING

Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSB 1639 at this time on its second reading:

CSSB 1639, Relating to prohibitions in connection with ticket sales on an Internet website; providing a civil penalty.

The motion prevailed.

Senators Hall, Hughes, Middleton, and Springer asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1639 (senate committee report) as follows:
(1)  In SECTION 1 of the bill, in added Section 328.001(1), Business & Commerce Code (page 1, line 32), following the underlined period, add "The term does not include autofill or password management features built into an internet browser or provided through separate software.".
(2)  In SECTION 1 of the bill, in added Section 328.003(b), Business & Commerce Code (page 2, line 3), strike "or about to violate".

The amendment to CSSB 1639 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 1639 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Hall, Hughes, Middleton, Springer.

COMMITTEE  SUBSTITUTE
SENATE BILL 1639 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1639 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.

Nays:  Hall, Hughes, Middleton, Springer.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

SENATE BILL 840 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration SB 840 at this time on its second reading:

SB 840, Relating to increasing the criminal penalty for assault of certain hospital personnel.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

SENATE BILL 840 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 840 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

(Senator Flores in Chair)

SENATE BILL 2035 ON SECOND READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 2035 at this time on its second reading:

SB 2035, Relating to the issuance of certain anticipation notes and certificates of obligation.

The motion prevailed by the following vote:  Yeas 20, Nays 10, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.

Present-not voting:  West.

The bill was read second time.

Senator Bettencourt offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 2035 (senate committee report) in SECTION 1 of the bill, in added Section 1431.002(d)(1), Government Code (page 1, line 33), between the underlined semicolon and "and", by inserting the following appropriately numbered subdivisions and renumbering subsequent subdivisions accordingly:
(__)  to finance the cleanup, mitigation, or remediation of a natural disaster;
(__)  to comply with a federal court order;

The amendment to SB 2035 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 2035 as amended was passed to engrossment by the following vote:  Yeas 20, Nays 10, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.

Present-not voting:  West.

SENATE BILL 1029 ON THIRD READING

Senator Hall moved to suspend the regular order of business to take up for consideration SB 1029 at this time on its third reading and final passage:

SB 1029, Relating to civil liability for, governmental health plan coverage of, and public funding for gender modification procedures and treatments.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

SENATE BILL 2035 ON THIRD READING

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2035 be placed on its third reading and final passage.

SB 2035, Relating to the issuance of certain anticipation notes and certificates of obligation.

The motion prevailed by the following vote:  Yeas 25, Nays 6.

Yeas:  Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Eckhardt, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Zaffirini.

Nays:  Blanco, Gutierrez, Menéndez, Miles, West, Whitmire.

The bill was read third time and was passed by the following vote:  Yeas 20, Nays 10, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.

Present-not voting:  West.

COMMITTEE  SUBSTITUTE
SENATE BILL 2209 ON SECOND READING

Senator Hancock moved to suspend the regular order of business to take up for consideration CSSB 2209 at this time on its second reading:

CSSB 2209, Relating to the disclosure of information in department files of fire fighters or police officers and civilian oversight boards in certain municipalities.

The motion prevailed by the following vote:  Yeas 20, Nays 11.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read second time.

Senator Hancock offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 2209 (senate committee printing) in SECTION 1 of the bill, in amended Section 143.003(1), Local Government Code, as follows:
(1)  On page 1, line 28, following "board", insert "or office".
(2)  On page 1, line 30, between "departments" and the underlined period, by inserting "by members of the public who are not fire fighters or police officers".

The amendment to CSSB 2209 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 2209 as amended was passed to engrossment by the following vote:  Yeas 20, Nays 11.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

SENATE BILL 569 ON SECOND READING

On motion of Senator Springer and by unanimous consent, the regular order of business was suspended to take up for consideration SB 569 at this time on its second reading:

SB 569, Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

SENATE BILL 569 ON THIRD READING

Senator Springer moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 569 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

COMMITTEE  SUBSTITUTE
SENATE BILL 730 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration CSSB 730 at this time on its second reading:

CSSB 730, Relating to the granting of privileges to and the authority of podiatrists at hospitals.

The motion prevailed.

Senators Campbell and Nichols asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:  Campbell, Nichols.

COMMITTEE  SUBSTITUTE
SENATE BILL 730 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 730 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 29, Nays 2.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays:  Campbell, Nichols.

The bill was read third time and was passed by the following vote:  Yeas 29, Nays 2. (Same as previous roll call)

SENATE BILL 2208 ON SECOND READING

Senator Parker moved to suspend the regular order of business to take up for consideration SB 2208 at this time on its second reading:

SB 2208, Relating to the venue for the prosecution of an election offense.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

SENATE BILL 561 ON SECOND READING

Senator Sparks moved to suspend the regular order of business to take up for consideration SB 561 at this time on its second reading:

SB 561, Relating to the authority of a political subdivision to issue debt to purchase or lease tangible personal property.

The motion prevailed by the following vote:  Yeas 20, Nays 10, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.

Present-not voting:  West.

The bill was read second time.

Senator Sparks offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 561 (senate committee report) in SECTION 3 of the bill, in added Section 1253.0015, Government Code (page 1, line 39), between "property" and "ends", by inserting ", determined based on the depreciable life of the property under the Internal Revenue Code of 1986,".

The amendment to SB 561 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 561 as amended was passed to engrossment by the following vote:  Yeas 20, Nays 10, Present-not voting 1.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.

Present-not voting:  West.

COMMITTEE  SUBSTITUTE
SENATE BILL 2136 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 2136 at this time on its second reading:

CSSB 2136, Relating to measures to support public secondary and postsecondary American history and civics education, including the satisfaction of curriculum requirements in American History at institutions of higher education and the establishment of the American History and Civics Project.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays:  Alvarado, Eckhardt, Gutierrez, Johnson.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 2136 ON THIRD READING

Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2136 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays:  Alvarado, Eckhardt, Gutierrez, Johnson.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1031 ON THIRD READING

Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 1031 at this time on its third reading and final passage:

CSSB 1031, Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1050 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1050 at this time on its second reading:

CSSB 1050, Relating to the authority of a natural gas local distribution company to offer energy conservation programs.

The motion prevailed.

Senator Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEE  SUBSTITUTE
SENATE BILL 1050 ON THIRD READING

Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1050 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Middleton.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 2335 ON SECOND READING

Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 2335 at this time on its second reading:

CSSB 2335, Relating to the accreditation of public institutions of higher education.

The motion prevailed by the following vote:  Yeas 20, Nays 11.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

The bill was read second time.

Senator Middleton offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 2335 (senate committee report) in SECTION 1 of the bill, adding Subchapter G-1, Chapter 51, Education Code, as follows:
(1)  In added Section 51.373(e)(1), Education Code, (page 2, line 56), after the underlined semicolon, add "and".
(2)  In added Section 51.373(e)(2), Education Code, (page 2, line 61), strike "; and" and substitute an underlined period.
(3)  In added Section 51.373(e), Education Code, strike Subdivision (3) (page 2, lines 62 through 67).

The amendment to CSSB 2335 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

CSSB 2335 as amended was passed to engrossment by the following vote:  Yeas 20, Nays 11.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.

SENATE BILL 1585 ON SECOND READING

On motion of Senator Sparks and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1585 at this time on its second reading:

SB 1585, Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

SENATE BILL 1585 ON THIRD READING

Senator Sparks moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1585 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER
Austin, Texas
Wednesday, April 26, 2023 - 2

The Honorable President of the Senate
Senate Chamber
Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 63
Swanson
Relating to reports of child abuse or neglect and certain preliminary investigations of those reports.

HB 87
Murr
Relating to the presidential electors of this state.

HB 98
Moody
Relating to the administration, provision, and Medicaid reimbursement of mental health or behavioral health services provided to certain public school students.

HB 185
González, Mary
Relating to the inclusion of chronically absent students as students at risk of dropping out of school and the collection and reporting of data regarding those students.

HB 623
Harris, Cody
Relating to an exemption from ad valorem taxation of tangible personal property consisting of animal feed held by the owner of the property for sale at retail.

HB 683
Cole
Relating to the exemption of tuition and laboratory fees at public institutions of higher education for certain paramedics.

HB 833
Campos
Relating to an evaluation by the housing and health services coordination council of the 2-1-1 services provided by the Texas Information and Referral Network.

HB 964
Jetton
Relating to the applicability of sex offender registration requirements to the offense of improper relationship between educator and student.

HB 1067
VanDeaver
Relating to the detachment and annexation of school district territory by petition.

HB 1242
Hernandez
Relating to the eligibility for unemployment compensation of certain employees who leave the workplace to care for a minor child.

HB 1275
Plesa
Relating to procedures for the issuance of personal identification certificates to certain persons 65 years of age or older whose driver's licenses are surrendered.

HB 1535
Clardy
Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

HB 1555
Clardy
Relating to the Upper Guadalupe River Authority, following the recommendations of the Sunset Advisory Commission; altering terms of the board of directors; specifying grounds for the removal of a member of the board of directors.

HB 1598
Darby
Relating to local government and other political subdivision regulation of certain solid waste facilities.

HB 1636
Canales
Relating to baccalaureate degree programs offered by certain public junior colleges.

HB 1708
Canales
Relating to the temperature at which a facility operated by the Texas Department of Criminal Justice is maintained.

HB 1971
Ashby
Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.

HB 1989
Cook
Relating to the fees assessed by a district clerk for copies of certain court documents.

HB 2071
Jetton
Relating to certain public facilities used to provide affordable housing.

HB 2453
Guillen
Relating to the issuance of a digital occupational license by a state agency, county, or municipality.

HB 2459
Vo
Relating to the administration of violations and administrative penalties of the employment of children.

HB 2460
King, Tracy O.
Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins.

HB 2466
Button
Relating to the creation of the Texas technology and innovation program.

HB 2544
Campos
Relating to the physician assistant licensure compact; authorizing a fee.

HB 2574
Lambert
Relating to requirements for notice advertising the sale of property to enforce a self-service storage facility lien.

HB 2664
Tepper
Relating to the disclosure of customer information by government-operated utilities.

HB 2681
Frazier
Relating to the authority of a fire department to remove certain personal property from a roadway or right-of-way.

HB 2871
González, Mary
Relating to the establishment by The University of Texas at Austin of a program to promote computer science education capacity in this state.

HB 2891
Talarico
Relating to the use of glucagon medication on certain public and private school campuses.

HB 3053
Dean
Relating to the municipal disannexation of certain areas annexed during a certain period of time.

HB 3060
Thompson, Ed
Relating to the regulation of recycling and recycled products.

HB 3125
Gamez
Relating to the use of certain lighting equipment on authorized emergency vehicles.

HB 3993
Paul
Relating to the automatic admission of students with a nontraditional secondary education to certain public institutions of higher education.

HB 4018
Ashby
Relating to the use of Parks and Wildlife Department land for carbon sequestration or similar ecosystem services projects.

HB 4140
Lujan
Relating to the authority of the Texas Department of Transportation to provide department services on federal military property.

Respectfully,

/s/Stephen Brown,
Chief Clerk
House of Representatives

SENATE BILL 2069 ON SECOND READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 2069 at this time on its second reading:

SB 2069, Relating to the required posting of signs regarding human trafficking penalties by certain schools.

The motion prevailed by the following vote:  Yeas 20, Nays 11.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Nichols, Whitmire, Zaffirini.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 20, Nays 11. (Same as previous roll call)

HOUSE BILLS ON FIRST READING

The following bills received from the House were read first time and referred to the committees indicated:

HB 44 to Committee on Health and Human Services.
HB 115 to Committee on State Affairs.
HB 386 to Committee on State Affairs.
HB 390 to Committee on Business and Commerce.
HB 576 to Committee on Criminal Justice.
HB 609 to Committee on State Affairs.
HB 611 to Committee on Criminal Justice.
HB 711 to Committee on Health and Human Services.
HB 790 to Committee on Business and Commerce.
HB 898 to Committee on Transportation.
HB 1130 to Committee on Jurisprudence.
HB 1207 to Committee on Criminal Justice.
HB 1221 to Committee on Criminal Justice.
HB 1391 to Committee on Business and Commerce.
HB 1575 to Committee on Health and Human Services.
HB 1769 to Committee on Criminal Justice.
HB 1859 to Committee on Business and Commerce.
HB 1996 to Committee on Business and Commerce.
HB 2121 to Committee on Local Government.
HB 2237 to Committee on Health and Human Services.
HB 2455 to Committee on Local Government.
HB 2504 to Committee on Business and Commerce.
HB 2929 to Committee on Education.
HB 3189 to Committee on Health and Human Services.
HB 3504 to Committee on Criminal Justice.
HB 3640 to Committee on Local Government.
HB 4757 to Committee on Water, Agriculture, and Rural Affairs.

BILL AND RESOLUTION SIGNED

The Presiding Officer announced the signing of the following enrolled bill and resolution in the presence of the Senate after the captions had been read:

SB 838, SJR 32.

SENATE RULES SUSPENDED
(Posting Rules)

On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Water, Agriculture, and Rural Affairs might meet upon recess today in the Press Room, 2E.9.

SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)

Senator Hall submitted the following Motion In Writing:

Mr. President:

I move to suspend Senate Rule 11.13 to permit committees to meet during consideration of the Local and Uncontested Calendar.

HALL

The Motion In Writing was read and prevailed without objection.

CO-AUTHORS OF SENATE BILL 147

On motion of Senator Kolkhorst, Senators Bettencourt, Creighton, and Hall will be shown as Co-authors of SB 147.

CO-AUTHOR OF SENATE BILL 397

On motion of Senator Hall, Senator Bettencourt will be shown as Co-author of SB 397.

CO-AUTHOR OF SENATE BILL 597

On motion of Senator Eckhardt, Senator Campbell will be shown as Co-author of SB 597.

CO-AUTHOR OF SENATE BILL 726

On motion of Senator Kolkhorst, Senator Middleton will be shown as Co-author of SB 726.

CO-AUTHORS OF SENATE BILL 789

On motion of Senator Johnson, Senators Blanco, Hinojosa, and West will be shown as Co-authors of SB 789.

CO-AUTHOR OF SENATE BILL 813

On motion of Senator Miles, Senator West will be shown as Co-author of SB 813.

CO-AUTHORS OF SENATE BILL 840

On motion of Senator West, Senators Hinojosa and Miles will be shown as Co-authors of SB 840.

CO-AUTHORS OF SENATE BILL 1242

On motion of Senator LaMantia, Senators Blanco and West will be shown as Co-authors of SB 1242.

CO-AUTHOR OF SENATE BILL 1248

On motion of Senator Flores, Senator West will be shown as Co-author of SB 1248.

CO-AUTHORS OF SENATE BILL 1585

On motion of Senator Sparks, Senators Blanco and West will be shown as Co-authors of SB 1585.

CO-AUTHOR OF SENATE BILL 1639

On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SB 1639.

CO-AUTHOR OF SENATE BILL 1794

On motion of Senator Menéndez, Senator Campbell will be shown as Co-author of SB 1794.

CO-AUTHOR OF SENATE BILL 2005

On motion of Senator LaMantia, Senator West will be shown as Co-author of SB 2005.

CO-AUTHORS OF SENATE BILL 2059

On motion of Senator Hinojosa, Senators Blanco and West will be shown as Co-authors of SB 2059.

CO-AUTHOR OF SENATE BILL 2173

On motion of Senator Alvarado, Senator West will be shown as Co-author of SB 2173.

CO-AUTHORS OF SENATE BILL 2193

On motion of Senator LaMantia, Senators Hinojosa and West will be shown as Co-authors of SB 2193.

CO-AUTHOR OF SENATE BILL 2287

On motion of Senator West, Senator LaMantia will be shown as Co-author of SB 2287.

CO-SPONSORS OF HOUSE BILL 728

On motion of Senator Zaffirini, Senators Blanco and Menéndez will be shown as Co-sponsors of HB 728.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 466 by Johnson, Parker, and West, Recognizing the Dallas Bar Association on the occasion of its 150th anniversary.

SR 477 by West, Recognizing Mary Magdalene Davis-Parry on the occasion of her 100th birthday.

RECESS AND MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 4:19 p.m. agreed to recess until 10:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow.



APPENDIX




COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

April 26, 2023

ADMINISTRATION — HB 109, CSSCR 38

STATE AFFAIRS — CSSB 1624

BUSINESS AND COMMERCE — SCR 4, SB 2453, SB 2358, SB 2314, SB 1579, SB 1802, SB 1766, SB 1519, SB 1171

CRIMINAL JUSTICE — SB 2612, SB 1267, SB 1266, CSSB 1388, SB 1257, SB 496, SB 436

NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 2107, CSSB 150, CSSB 2220

CRIMINAL JUSTICE — CSSB 2479

TRANSPORTATION — HB 842, HB 3106, HB 3108, SB 414, SB 2200, SB 2601

HEALTH AND HUMAN SERVICES — CSSB 2476

BUSINESS AND COMMERCE — CSSB 258, CSSB 1712

CRIMINAL JUSTICE — CSSB 1011

BUSINESS AND COMMERCE — SB 1525, CSSB 2008


BILLS ENGROSSED

April 26, 2023

SB 147, SB 397, SB 410, SB 491, SB 565, SB 569, SB 719, SB 730, SB 789, SB 813, SB 840, SB 997, SB 1029, SB 1031, SB 1050, SB 1056, SB 1075, SB 1155, SB 1517, SB 1534, SB 1585, SB 1639, SB 1794, SB 1932, SB 1990, SB 2035, SB 2059, SB 2136, SB 2173, SB 2325, SB 2593


BILL AND RESOLUTIONS ENROLLED

April 26, 2023

SB 838, SJR 32, SR 455, SR 466, SR 477


SENT TO SECRETARY OF STATE

April 26, 2023

SJR 32