(Tuesday, April 14, 2015)

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

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

Dr. David Wilson, Southcrest Baptist Church, Lubbock, was introduced by Senator Perry and offered the invocation as follows:

Heavenly Father, we acknowledge our dependence upon You and are grateful for Your many blessings. Among those many blessings are Your grace and mercy. We thank You for life itself and for the health needed to fulfill our responsibilities. We are mindful of Your provision and personal presence in our lives. Your word reminds us that You are the ultimate authority and that You have established governing authorities to bring order and peace and promote justice. We know that with great authority comes great responsibility. You have allowed these men and women to bear the responsibility of making policies establishing laws and regulations for the great State of Texas. We ask that You give them wisdom that comes from You and understanding to deal with the pressing issues of our day. Please give these leaders courage to stand for what is right morally and in keeping with Your intent for our lives. Give them clarity amid the conflicting interests and issues of our times. Guide them with Your sovereign hand as they make decisions that affect so many people. Give them a strong desire to make the right decisions and to seek You for wisdom. Help them to work together even when there is honest disagreement. Please let them sense Your presence and give them personal peace. Please guide the business and agenda that is before this Chamber today. They have an awesome and monumental task before them. We ask that You give each Member an assurance of what would please You and what would be fair and equitable to those who live and work in our great state. Please guide them in the ways of righteousness. In the name of Jesus, we pray. 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.

HOUSE CHAMBER

Austin, Texas

Tuesday, April 14, 2015 - 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:

Relating to the monitoring of the Internet access of certain sex offenders placed on community supervision or released on parole or to mandatory supervision.

Relating to the applicability of the law governing saltwater pipeline facilities located in the vicinity of public roads.

Relating to a prohibition of limitations on the number of dual credit courses or hours in which a public high school student may enroll.

Relating to the creation of a campus of the Texas State Technical College System in Fort Bend County.

Relating to the definition of a public health nuisance; amending provisions subject to a criminal penalty.

Relating to the transfer of certain inmates to the Texas Department of Criminal Justice following pronouncement of the inmate's sentence.

Relating to authorizing certain utility cost savings and alternative fuel programs as eligible for local government energy savings performance contracts.

Relating to uniform weighing procedures requirements for motor vehicle weight enforcement officers.

Relating to the prosecution and punishment of the offense of injury to a child, elderly individual, or disabled individual.

Relating to protective orders for certain victims of sexual assault or abuse, stalking, or trafficking.

Relating to the continuation of the Texas Council for Developmental Disabilities.

Relating to access to criminal history record information by a county tax assessor-collector.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

Senator Menéndez offered the following resolution:

SR 534, Recognizing CentroMed for its service to Bexar County.

The resolution was again read.

The resolution was previously adopted on Monday, April 13, 2015.

Senator Menéndez, joined by Senators Campbell and Uresti, was recognized and introduced to the Senate a CentroMed medical clinics delegation:  President and CEO Dr. Ernesto Gómez, General Counsel Graciela Alarcon-Cigarroa, Executive Manager Marina Gonzales, and Board of Directors member Rudy Peña.

The Senate welcomed its guests.

The following bills were introduced, read first time, and referred to the committees indicated:

SB 2049 by Nichols, Creighton

Relating to qualifications of members of the board of directors of the Lone Star Groundwater Conservation District.

To Committee on Agriculture, Water, and Rural Affairs.

SB 2050 by Kolkhorst

Relating to the creation of Simonton Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

To Committee on Intergovernmental Relations.

Senator Ellis was recognized and presented Dr. Mark Chassay of Houston as the Physician of the Day.

The Senate welcomed Dr. Chassay, accompanied by second-year resident Heather Aguirre, and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

Senator Zaffirini was recognized and introduced to the Senate Muy Grande Deer Contest representatives.

The Senate welcomed its guests.

The President at 11:18 a.m. announced the conclusion of morning call.

Senator Nelson moved to suspend the regular order of business to take up for consideration CSHB 1 at this time on its second reading:

CSHB 1, General Appropriations Bill.

The motion prevailed.

Senator Garcia 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 third reading by a viva voce vote.

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

Nays:  Garcia.

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1 be placed on its third reading and final passage.

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

Nays:  Garcia.

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

Senator Creighton submitted the following statement on CSHB 1:

Members, today I rise to speak in favor of CSHB 1. I want to commend Chairwoman Nelson and Finance Committee members. As many of you know, I served as the Republican Caucus Chair in the House last session. As a four-term member of the House, one of the toughest votes I had to cast was to oppose the Texas budget.

While there were many positives within that budget establishing strong priorities for the biennium, I had to oppose that effort (from a leadership position in the House) because of the severe reductions in border security funding from the prior biennium (among other concerns).

Although the reports and data provided from prior efforts, such as Operation Wrangler and Operation Border Star were shown to be successful, the border region has been continuously asking for assistance from the State of Texas for subsequent years.

These requests represented a high percentage of bipartisan agreement among border county residents, validating the fact that Washington D.C. continues to fail to act and that the Texas Legislature needs to act accordingly.

As a result of last biennium's border security funding cuts, our state's border violence and collateral issues have been the subject of national and international news coverage highlighting our challenges.

As of last summer, our undocumented and unaccompanied minor statistics increased from 15,000 in 2013 to a pace that would have reached 125,000 in 2014.

Due to Texas Department of Public Safety's response, authorized by the Governor and the Legislature, unaccompanied minor numbers ended up being 50,000 in 2014.

Also, by August of 2014, over 300,000 apprehensions had been made along the Texas border all from countries of origin other than Mexico.

At that same time, local border county sheriffs and DPS leadership brought myself and other legislators to Weslaco, TX to DPS headquarters (and central operations command center) for updates and continued requests for help and support at the state level.

Prior border security funding cuts at the state level led to disastrous consequences. Now, the Texas Legislature has taken a strong step forward toward regaining ground that was unnecessarily lost to transnational violent cartel activity. It has been a privilege to serve among my Texas Senate colleagues as leaders in this effort.

Securing our border reduces drug traffickers, human trafficking, violent cartel activity, protects our economy, keeps Texans safe and complies with our oath of office which requires us to defend the laws of this state and nation and our Texas and U.S. Constitution.

As long as the federal government fails in this effort, Texas must stand ready to act to defend its border and its citizens.

I also want to highlight my support for passing a budget that in no way includes language that expands Medicaid in Texas.

Last session, from the floor of the Texas House, I placed a directive in the Texas budget that required House and Senate budget conferees (negotiators) to exclude Medicaid expansion language with the intent of preventing Medicaid expansion from being adopted in the state budget.

The federal Patient Protection and Affordable Care Act was upheld by the U.S. Supreme Court only with the condition that each and every sovereign state retain its authority to accept or reject this Medicaid expansion option under the 10th Amendment of the U.S. Constitution.

The Texas Legislature chose to reject Medicaid expansion and should continue to reject it until Texans, through the Texas Legislature, are allowed to submit a customized plan that works for Texas and certainly only after the current Medicaid program is reformed or replaced.

Because we have prepared a budget with a strong commitment to secure our international border and because we have chosen to exclude any language in this budget that would allow for Medicaid expansion, I will be voting yes.

Additionally, this budget proposal includes the largest tax cut of any budget in Texas history.

We should all celebrate this very important milestone for our families and businesses along with proving that conservative solutions can be offered to solve the toughest challenges while showing fiscal conservatism.

Today, again, I want to thank Chairwoman Nelson for her hard work and all Finance Committee members for standing strong for Texas.

CREIGHTON

Senator Eltife moved to suspend the regular order of business to take up for consideration CSSB 912 at this time on its second reading:

CSSB 912, Relating to a volume-based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities.

The motion prevailed.

Senators Garcia, Menéndez, and Watson 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:

Amend CSSB 912 (senate committee report) as follows:

(1)  In the recital to SECTION 1 of the bill, amending Section 26.039, Water Code (page 1, line 24), strike "(g) and (h)" and substitute "(g), (h), (i), and (j)".

(2)  In SECTION 1 of the bill, in added Section 26.039(g)(2), Water Code (page 1, line 47), strike "is 1,000 gallons or less;" and substitute "has a volume of 1,000 gallons or less;".

(3)  In SECTION 1 of the bill, in amended Section 26.039, Water Code (page 1, between lines 58 and 59), insert the following:

(i)  The individual shall calculate the volume of an accidental discharge or spill using an established standard method to determine whether the discharge or spill is exempted under Subsection (g) from the notification requirements of this section.

(4)  In SECTION 1 of the bill, in amended Section 26.039, Water Code (page 1, line 59), strike "(h)" and substitute "(j)".

The amendment to CSSB 912 was read and was adopted without objection.

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

On motion of Senator Eltife and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSSB 912 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:  Garcia, Menéndez, Watson.

Senator Eltife moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 912 be placed on its third reading and final passage.

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

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, West, Whitmire, Zaffirini.

Nays:  Garcia, Menéndez, Watson.

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

On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1337 at this time on its second reading:

CSSB 1337, Relating to the authority of the Texas Water Development Board to provide financial assistance to political subdivisions for water supply projects.

The bill was read second time and was passed to engrossment without objection.

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

Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1337 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 Fraser moved to suspend the regular order of business to take up for consideration CSSB 931 at this time on its second reading:

CSSB 931, Relating to the goal for renewable energy and competitive renewable energy zones.

The motion prevailed by the following vote:  Yeas 22, Nays 9.

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Eltife, Estes, Fraser, Hall, Hancock, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor, Whitmire.

Nays:  Ellis, Garcia, Hinojosa, Menéndez, Rodríguez, Uresti, Watson, West, Zaffirini.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 21, Nays 10.

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Eltife, Estes, Fraser, Hall, Hancock, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor.

Nays:  Ellis, Garcia, Hinojosa, Menéndez, Rodríguez, Uresti, Watson, West, Whitmire, Zaffirini.

On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1985 at this time on its second reading:

CSSB 1985, Relating to the appraisal for ad valorem tax purposes of a real property interest in oil or gas in place.

The bill was read second time and was passed to engrossment without objection.

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

Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1985 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.

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1657 at this time on its second reading:

SB 1657, Relating to approval of the issuance of tax and revenue anticipation notes.

The bill was read second time and was passed to engrossment without objection.

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

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1657 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 Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 931 be placed on its third reading and final passage:

CSSB 931, Relating to the goal for renewable energy and competitive renewable energy zones.

The motion prevailed by the following vote:  Yeas 26, Nays 5.

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Hall, Hancock, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire.

Nays:  Garcia, Hinojosa, Menéndez, Rodríguez, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 21, Nays 10.

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Eltife, Estes, Fraser, Hall, Hancock, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor.

Nays:  Ellis, Garcia, Hinojosa, Menéndez, Rodríguez, Uresti, Watson, West, Whitmire, Zaffirini.

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 100 at this time on its second reading:

CSSB 100, Relating to the enterprise zone program.

The bill was read second time and was passed to engrossment without objection.

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

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 100 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 L. Taylor moved to suspend the regular order of business to take up for consideration SB 866 at this time on its second reading:

SB 866, Relating to the regulation of amusement redemption machine game rooms in certain counties.

The motion prevailed.

Senator 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:  Nichols.

Senator L. Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 866 be placed on its third reading and final passage.

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

Nays:  Nichols.

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

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration SB 1210 at this time on its second reading:

SB 1210, Relating to the regulation of amusement redemption machine game rooms in certain counties.

The motion prevailed.

Senators Creighton 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:  Creighton, Nichols.

Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1210 be placed on its third reading and final passage.

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

Yeas:  Bettencourt, Birdwell, Burton, Campbell, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Creighton, Nichols.

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

Senator Seliger moved to suspend the regular order of business to take up for consideration CSSB 686 at this time on its second reading:

CSSB 686, Relating to the Math and Science Scholars Loan Repayment Program.

The motion prevailed.

Senators Birdwell, Burton, Campbell, Creighton, Hall, Huffines, and V. Taylor 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, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Birdwell, Burton, Campbell, Creighton, Hall, Huffines, V. Taylor.

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 686 be placed on its third reading and final passage.

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

Yeas:  Bettencourt, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Birdwell, Burton, Campbell, Hall, Huffines, V. Taylor.

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

Yeas:  Bettencourt, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Birdwell, Burton, Campbell, Creighton, Hall, Huffines, V. Taylor.

On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 460 at this time on its second reading:

CSSB 460, Relating to the licensing and regulation of pharmacists and pharmacies.

The bill was read second time and was passed to engrossment without objection.

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

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 CSSB 460 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 West moved to suspend the regular order of business to take up for consideration SB 601 at this time on its second reading:

SB 601, Relating to the eligibility of Elite Rodeo Association World Championships for funding from the Major Events trust fund.

The motion prevailed.

Senators Bettencourt, Birdwell, Burton, Campbell, Creighton, Hall, Hancock, Huffines, Kolkhorst, Perry, Schwertner, and V. Taylor 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 19, Nays 12.

Yeas:  Ellis, Eltife, Estes, Fraser, Garcia, Hinojosa, Huffman, Lucio, Menéndez, Nelson, Nichols, Rodríguez, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Hall, Hancock, Huffines, Kolkhorst, Perry, Schwertner, V. Taylor.

On motion of Senator Campbell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 807 at this time on its second reading:

CSSB 807, Relating to occupational license application and examination fees for certain military service members, military veterans, and military spouses.

The bill was read second time and was passed to engrossment without objection.

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

Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 807 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.

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SB 42 at this time on its second reading:

SB 42, Relating to the selection process for student members of the board of regents of a state university or state university system.

The bill was read second time and was passed to engrossment without objection.

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

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 42 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 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 601 be placed on its third reading and final passage:

SB 601, Relating to the eligibility of Elite Rodeo Association World Championships for funding from the Major Events trust fund.

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

Yeas:  Bettencourt, Burton, Campbell, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Birdwell, Creighton, Huffines, Schwertner.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12.

Yeas:  Ellis, Eltife, Estes, Fraser, Garcia, Hinojosa, Huffman, Lucio, Menéndez, Nelson, Nichols, Rodríguez, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:  Bettencourt, Birdwell, Burton, Campbell, Creighton, Hall, Hancock, Huffines, Kolkhorst, Perry, Schwertner, V. Taylor.

On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1630 at this time on its second reading:

CSSB 1630, Relating to the commitment of juveniles in post-adjudication secure correctional facilities operated by the Texas Juvenile Justice Department and by local probation departments.

The bill was read second time and was passed to engrossment without objection.

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

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1630 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.

On motion of Senator Garcia and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1135 at this time on its second reading:

CSSB 1135, Relating to civil and criminal liability for the unlawful disclosure or promotion of certain intimate visual material; creating an offense.

The bill was read second time.

Senator Garcia offered the following amendment to the bill:

Amend CSSB 1135 (senate committee printing) as follows:

(1)  In SECTION 2 of the bill, in added Section 98B.001, Civil Practice and Remedies Code (page 1, lines 30 through 35), strike Subdivisions (1), (2), and (3) and substitute the following:

(2)  In SECTION 2 of the bill, in added Section 98B.007(b), Civil Practice and Remedies Code (page 2, line 48), between "disclosure" and "consisting of", insert "or promotion".

(3)  In SECTION 3 of the bill, in added Section 21.16(a), Penal Code (page 2, lines 54 through 57), strike Subdivisions (1) and (2) and substitute the following:

(4)  In SECTION 3 of the bill, in added Section 21.16(b)(1), Penal Code (page 2, line 61), between "person" and "engaged", insert "with the person's intimate parts exposed or".

(5)  In SECTION 3 of the bill, in added Section 21.16(c), Penal Code (page 3, line 7), between "person" and "engaged", insert "with the person's intimate parts exposed or".

(6)  In SECTION 3 of the bill, in added Section 21.16(f)(2), Penal Code (page 3, lines 31-32), strike "only a voluntary exposure of sexual conduct in a public or commercial setting" and substitute "in a public or commercial setting only a person's voluntary exposure of:

(B)  the person engaging in sexual conduct".

The amendment to CSSB 1135 was read and was adopted without objection.

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

On motion of Senator Garcia and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSSB 1135 as amended was passed to engrossment without objection.

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

Senator Garcia moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1135 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.

On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 607 at this time on its second reading:

CSSB 607, Relating to the Texas Interagency Council for the Homeless.

The bill was read second time and was passed to engrossment without objection.

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

Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 607 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.

On motion of Senator Creighton and by unanimous consent, the regular order of business was suspended to take up for consideration SB 978 at this time on its second reading:

SB 978, Relating to public information regarding workers' compensation insurance rate filings.

The bill was read second time and was passed to engrossment without objection.

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

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 978 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.

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 543 at this time on its second reading:

CSSB 543, Relating to certain requirements applicable to contracts entered into by, and the contract management process of, state agencies.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Amend CSSB 543 (senate committee printing) in SECTION 1 of the bill, as follows:

(1)  In amended Section 2102.005(1), Government Code (page 1, lines 30 and 31), strike ", including an annual audit of the agency's contracts".

(2)  Strike Subdivision (2) of amended Section 2102.005, Government Code (page 1, lines 32-37), and substitute the following:

(2)  periodic audits of:

(A)  the agency's major systems and controls, including:

(i) [(A)]  accounting systems and controls;

(ii) [(B)]  administrative systems and controls; [and]

(iii) [(C)]  electronic data processing systems and controls; and

(B)  one or more of the agency's contracts with high-risk factors.

(3)  In amended Section 2261.214, Government Code (page 6, lines 50-53), strike "The report must compare the total dollar value of all sole source and emergency purchases made with total dollar value of all competitively awarded contracts".

(4)  In amended Section 2261.214(b), Government Code (page 6, line 56), between "Subsection (a)" and ".", insert "in the manner and form specified by the comptroller".

The amendment to CSSB 543 was read and was adopted without objection.

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

On motion of Senator Zaffirini and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSSB 543 as amended was passed to engrossment without objection.

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

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 543 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.

HOUSE CHAMBER

Austin, Texas

Tuesday, April 14, 2015 - 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:

Relating to member contributions to the Employees Retirement System of Texas.

Relating to the prescription, administration, and possession of certain opioid antagonists for the treatment of a suspected overdose and a defense to prosecution for certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.

Relating to the additional tax imposed on land appraised for ad valorem tax purposes as open-space land if a change in use of the land occurs.

Relating to a prohibition on the use and possession of e-cigarettes on school property.

Relating to energy savings performance contracts entered into by public institutions of higher education.

Relating to the prescription and pharmaceutical substitution of biological products; amending provisions subject to a criminal penalty.

Relating to cardiac assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League.

Relating to the investment of a percentage of the economic stabilization fund balance in excess of the sufficient balance.

Relating to the authority of certain public hospitals to construct certain facilities and to provide certain services.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

On motion of Senator V. Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1237 at this time on its second reading:

SB 1237, Relating to Internet broadcasts of open meetings held by the policy board of a metropolitan planning organization.

The bill was read second time.

Senator Nichols offered the following amendment to the bill:

Amend SB 1237 (Senate committee report) in SECTION 1 of the bill, in added Section 472.036, Transportation Code (page 1, line 26), between "organization" and "shall" insert "that serves one or more counties with a population of 350,000 or more".

The amendment to SB 1237 was read and was adopted without objection.

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

On motion of Senator V. Taylor and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

SB 1237 as amended was passed to engrossment without objection.

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

Senator V. Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1237 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.

On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 949 at this time on its second reading:

CSSB 949, Relating to the release of certain child fatality and near-fatality information for abused or neglected children.

The bill was read second time and was passed to engrossment without objection.

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

Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 949 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.

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1296 at this time on its second reading:

SB 1296, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 83rd Legislature to other Acts of that legislature.

The bill was read second time.

Senator West offered the following committee amendment to the bill:

Amend SB 1296 (introduced version) by striking SECTIONS 7.004, 7.005, 10.001, 10.006, and 21.001(26) of the bill and renumbering subsequent SECTIONS of the bill accordingly.

The amendment to SB 1296 was read and was adopted without objection.

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

On motion of Senator West and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

SB 1296 as amended was passed to engrossment without objection.

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

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 1296 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 Seliger moved to suspend the regular order of business to take up for consideration SB 1228 at this time on its second reading:

SB 1228, Relating to authorizing children of Texas Alcoholic Beverage Commission employees to be employed by holders of licenses or permits issued by the commission.

The motion prevailed.

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

The bill was read second time.

Senator Seliger offered the following amendment to the bill:

Amend SB 1228 (senate committee report) as follows:

In SECTION 1 of the bill (page 1, line 27), in amended Section 5.05, Alcoholic Beverage Code, insert the following:

The amendment to SB 1228 was read and was adopted without objection.

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

On motion of Senator Seliger and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

SB 1228 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:  Huffines.

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1228 be placed on its third reading and final passage.

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

Nays:  Huffines.

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

Senator Lucio submitted a Motion In Writing requesting that SB 797 be withdrawn from the Committee on Agriculture, Water, and Rural Affairs and rereferred to the Committee on Intergovernmental Relations.

The Motion In Writing was read and prevailed without objection.

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 933 at this time on its second reading:

CSSB 933, Relating to the authority of the Public Utility Commission of Texas to review transmission interconnections that enable imports or exports from the ERCOT power grid.

The bill was read second time and was passed to engrossment without objection.

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

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 933 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 Birdwell moved to suspend Senate Rule 11.10(a) and Senate Rule 11.18(a) in order that the Subcommittee on Border Security might meet and consider SB 1464 today at his desk.

The motion prevailed by a viva voce vote.

All Members are deemed to have voted "Yea" on the motion to suspend the posting rules except as follows:

Nays:  Watson.

Senator Birdwell submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:

Member, Aging and Disability Services Council:  Edward Yosowitz, Harris County.

Member, Assistive and Rehabilitative Services Council:  Aureka Charlayne Sanders, Dallas County.

Commissioner, Board of Pilot Commissioners for Galveston County Ports:   Henry Stephen Porretto, Galveston County.

Member, Council on Cardiovascular Disease and Stroke:  Suzanne F. Monsour, Brazoria County.

Members, Board of Directors, Gulf Coast Waste Disposal Authority:  Stanley Craig Cromartie, Galveston County; Gloria Anays Milian Matt, Harris County; Lamont Edward Meaux, Chambers County.

Counsellor, Office of Public Utility Counsel:  Tonya Rae Baer, Travis County.

Commissioner, Public Utility Commission of Texas:  Brandy Marty Marquez, Travis County.

Member, Real Estate Research Advisory Committee:  Warren Douglas Jennings, Tarrant County.

Member, School Land Board:  Thomas V. Orr, Fayette County.

Members, State Board of Veterinary Medical Examiners:  Dan Lee Craven, Houston County; Roland Francis Lenarduzzi, Brazoria County; James Doyle McAdams, Guadalupe County; Keith Alan Pardue, Travis County.

Member, Texas Board of Occupational Therapy Examiners:   Sally Woodward Harris, Harris County.

Member, Texas Commission on Fire Protection:  Tivy Whitlock, Bexar County.

Members, Texas Forensic Science Commission:  Richard Brad Alpert, Tarrant County; Jeffrey Joseph Barnard, Dallas County; Vincent J. M. Di Maio, Bexar County; Arthur Jay Eisenberg, Tarrant County; Sheree Robyn Hughes-Stamm, Montgomery County; Harvey Philip Kessler, Tarrant County; Robert Julius Lerma, Cameron County; Ashraf Mozayani, Harris County; Nizam Peerwani, Tarrant County.

Member, Texas Funeral Service Commission:  Wesley Scott Smith, Collin County.

Member, Board of Directors, Texas Mutual Insurance Company:  Robert Charles Barnes, Hood County.

Members, Texas State Board of Public Accountancy:  Robert Michael McAdams, Bexar County; Phillip Wayne Worley, Jim Hogg County.

Members, Texas State Library and Archives Commission:  William Scott McAfee, Hays County; Michael Cooper Waters, Collin County.

Judge, 89th Judicial District Court, Wichita County:  Charles Murray Barnard, Wichita County.

Senator Birdwell gave notice that he would tomorrow submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

On motion of Senator Eltife and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Business and Commerce might meet today.

On motion of Senator West and by unanimous consent, his remarks regarding Doris Lee Bass were ordered reduced to writing and printed in the Senate Journal as follows:

Today, as we adjourn from the Senate floor, I ask that we do so in memory of Evangelist Doris Lee Bass, mother of my longtime staffer, Kelvin Bass, who was funeralized this past Saturday.

The third of nine children born to the late John Dallas and Rosie Lee Bell Goodman, Doris Lee was one of the three children who were called to the ministry to deliver the Word of God.

Doris Lee Bass was a remarkable person, lady, woman, mother, sister, aunt, niece, grandmother; a teacher through word and deed, a preacher, and, most obviously, called by God to be a faithful soldier.

Evangelist Bass was married to the late Theophilus Bass for over 50 years and had three children: Glenda, Jerome, and Kelvin.

Evangelist Bass loved children, not only those in her family, but others as well. She sponsored many activities for her church youth and carried them all over the country to attend District and National Conventions. Evangelist Bass was active at the District level and served as president of the District Chorus and Ways and Means Committee.

She was multi-talented and worked in many fields from cooking to secretarial. She was a seamstress who could make anything from children's clothes to men's suits and, yes, choir robes.

She lived to the blessed age of 90 years old.

Yes, we sacrifice much to work under this dome for the people of Texas. I'm thankful that Kelvin had such a remarkable mother, who instilled in him a sense of commitment, professionalism, and steadfastness.

Thank you for allowing me to remember this remarkable Woman of God and mother.

On motion of Senator Birdwell, Senator Kolkhorst will be shown as Co-author of SB 3.

On motion of Senator Perry, Senator V. Taylor will be shown as Co-author of SB 185.

On motion of Senator Lucio, Senator L. Taylor will be shown as Co-author of SB 458.

On motion of Senator Zaffirini, Senators Rodríguez, Watson, and West will be shown as Co-authors of SB 543.

On motion of Senator Eltife, Senator Creighton will be shown as Co-author of SB 788.

On motion of Senator Uresti, Senator Menéndez will be shown as Co-author of SB 949.

On motion of Senator Garcia, Senator V. Taylor will be shown as Co-author of SB 1135.

On motion of Senator V. Taylor, Senator Huffines will be shown as Co-author of SB 1237.

On motion of Senator Zaffirini, Senator V. Taylor will be shown as Co-author of SB 1561.

On motion of Senator Kolkhorst, Senators Birdwell and Creighton will be shown as Co-authors of SB 1601.

On motion of Senator Huffman, Senator Campbell will be shown as Co-author of SB 2048.

On motion of Senator Hancock, Senator L. Taylor will be shown as Co-author of SJR 2.

On motion of Senator Campbell, Senator V. Taylor will be shown as Co-author of SJR 16.

On motion of Senator Menéndez, Senator Uresti will be shown as Co-author of SR 534.

The following resolutions were adopted by the Senate:

SR 556 by Zaffirini, In memory of George E. Neel Jr.

SR 559 by Nelson, In memory of Don Bigbie.

SR 557 by Zaffirini, Honoring Trevino family members for their service during World War II.

SR 558 by Menéndez, Recognizing Joyce Maxine Whigham Dorrycott on the occasion of her 85th birthday.

SR 561 by Watson, Recognizing Ann S. Bishop on the occasion of her retirement.

SR 562 by Hinojosa, Recognizing the Wild Horse Desert Round-Up BBQ Cook-Off.

SR 568 by Ellis, Recognizing the Mickey Leland College Preparatory Academy for Young Men on the occasion of the groundbreaking ceremony for its new school facility.

SR 560 by Creighton, Recognizing April 14, 2015, as Texas Realtor Appreciation Day.

SR 563 by Birdwell, Designating April 22, 2015, Texas State Technical College Day.

On motion of Senator Whitmire, the Senate at 3:03 p.m. adjourned, in memory of Doris Lee Bass, until 11:00 a.m. tomorrow.

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

FINANCE — CSSB 1368, CSSB 1366

ADMINISTRATION — SB 1522, SCR 31, HCR 43

TRANSPORTATION — CSSB 714

STATE AFFAIRS — SB 473, SB 1547, SB 950, SB 1115, SB 476, SJR 52, SB 1020, SB 1073, SB 1791, SB 1706

SB 112, SB 204, SB 206, SB 413, SB 444, SB 1214, SB 1235, SB 1465

SR 530, SR 531, SR 532, SR 533, SR 534, SR 535, SR 536, SR 537, SR 538, SR 539, SR 540, SR 541, SR 542, SR 543, SR 544, SR 545, SR 546, SR 547, SR 549, SR 550, SR 551, SR 552, SR 553, SR 554