Thursday, May 7, 2015

FORTY-EIGHTH DAY

(Thursday, May 7, 2015)

The Senate met at 4:50 p.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.

Senator Perry offered the invocation as follows:

Heavenly Father, we just thank You that You are a sovereign God, and we acknowledge that today. We thank You are a God of relationships and desire to communicate through this venue that we call prayer. We just ask that You always remind us as a Senate Chamber and as we enter this floor that we remember those things–we enter with a repentant spirit–that we remember those things that break Your heart and we try to stray from those. We also remember that You are a God that does judge and that we will be judged by those, how we treat the least among us. I just pray for the continuance of a self-governing body, and we recognize the responsibility that comes according to that to always seek Your will and Your way. In Jesus' name. 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.

PHYSICIAN OF THE DAY

Senator Whitmire was recognized and presented Dr. Donna Campbell of New Braunfels as the Physician of the Day.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President 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.

CONCLUSION OF MORNING CALL

The President at 4:53 p.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE
SENATE BILL 1968 ON THIRD READING

Senator Huffman moved to suspend the regular order of business to take up for consideration CSSB 1968 at this time on its third reading and final passage:

CSSB 1968, Relating to the organization of public employees.

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

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

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

(Senator Eltife in Chair)

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

REMARKS ORDERED PRINTED

On motion of Senator Lucio and by unanimous consent, his remarks regarding SB 1968 were ordered reduced to writing and printed in the Senate Journal as follows:

SB 1968, A Fundamental Attack on Public Employees' Freedom of Association. SB 1968 by Huffman would unjustifiably ban the voluntary choice by state and local employees (other than police, firefighters and emergency services personnel) to direct a portion of paychecks to labor, employee or professional organizations of their choice. The bill would harm teachers, engineers, child protection workers, correctional officers, custodians, clerks and a host of other state and local employees who are engaged in public service and seek to improve their livelihoods through organization membership.

This is about allowing state employees to spend their paychecks as they see fit, not about endorsing or opposing any particular set of ideas or organizations. The state should not pick winners and losers when it comes to payroll deduction. The state allows hundreds of organizations to receive voluntary deductions from state employee paychecks.

Every state and local employee in Texas who chooses to steer a portion of paychecks to pay for representation by a labor, employee or professional organization has done so voluntarily. A payroll deduction system is a commonplace service in both public and private workplaces in Texas.

Payroll deduction provides a safe and secure means of making payments in timely fashion. The payroll deduction system removes virtually all risk of ID theft and credit card fraud.

No state or local funds are used to operate the payroll deduction system. State law provides for payment of administrative costs by the organizations receiving the proceeds of payroll deductions.

Without justification, SB 1968 strips local governments that accommodate employee choices for payroll deductions of the right to do so.

SB 1968 improperly establishes a hierarchy of public employees in which some are deemed worthy of payroll deduction while others are not. All job categories are entitled to respect and the distinction made in this bill is not justifiable based on characteristics of the work performed.

The payroll deduction system has served public employees well for decades by protecting their ability to choose and to allocate their resources safely. SB 1968 would compromise the freedom of association that undergirds the payroll deduction system.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Thursday, May 7, 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:

HB 483

Capriglione

Relating to the establishment and administration of a state bullion depository; authorizing fees.

HB 1036

Johnson

Relating to reporting requirements for certain injuries or deaths caused by peace officers and for certain injuries or deaths of peace officers.

HB 1114

Gonzales, Larry

Relating to the authority with whom certain political committees must file reports of political contributions and expenditures.

HB 1294

Capriglione

Relating to the disclosure on personal financial statements of certain contracts or subcontracts with governmental entities.

HB 1305

Bonnen, Greg

Relating to a program to provide a free or reduced-price breakfast to eligible students attending a public school, the method of determining the number of educationally disadvantaged students for the compensatory education allotment, and the use of compensatory education allotment funds.

HB 1324

Israel

Relating to the establishment and operation of a motor-bus-only lane pilot program in certain counties.

HB 1830

Kuempel

Relating to the regulation of amusement redemption machine game rooms.

HB 2341

Darby

Relating to the retention and use of sales tax revenue collected by certain retailers to provide job training and placement services to certain persons; adding provisions subject to a criminal penalty.

HB 2645

Blanco

Relating to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case; creating an offense.

HB 3106

Huberty

Relating to the period of time allowed for appointment of a board of managers for a school district.

SB 925

Kolkhorst

Sponsor: Aycock

Relating to providing training academies for public school teachers who provide reading instruction to students in kindergarten through grade three.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RULE 5.14(a) SUSPENDED

(Intent Calendar)

On motion of Senator Hancock and by unanimous consent, Senate Rule 5.14(a), requiring bills to be posted on the Intent Calendar by 3:00 p.m., was suspended and the time was extended to 6:00 p.m. today for the Intent Calendar.

COMMITTEE SUBSTITUTE
SENATE BILL 62 ON THIRD READING

Senator Huffines moved to suspend the regular order of business to take up for consideration CSSB 62 at this time on its third reading and final passage:

CSSB 62, Relating to accounting for costs incurred by this state as a result of the presence of persons who are not lawfully present in the United States.

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

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

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

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

SENATE BILL 1242 ON THIRD READING

Senator Rodríguez moved to suspend the regular order of business to take up for consideration SB 1242 at this time on its third reading and final passage:

SB 1242, Relating to the sale, storage, transportation, and disposal of scrap or used tires; providing a civil penalty; creating a criminal offense.

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

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

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

The bill was read third time and was passed by the following vote: Yeas 18, Nays 13.

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

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

COMMITTEE SUBSTITUTE
SENATE BILL 1252 ON THIRD READING

Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 1252 at this time on its third reading and final passage:

CSSB 1252, Relating to an interstate compact on border security and immigration enforcement.

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

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

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

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

COMMITTEE SUBSTITUTE
SENATE BILL 1679 ON THIRD READING

Senator Huffines moved to suspend the regular order of business to take up for consideration CSSB 1679 at this time on its third reading and final passage:

CSSB 1679, Relating to procedures for a certain municipalities to adopt or amend a national model building code.

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

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

Nays: Ellis, Eltife, Garcia, Hinojosa, Menéndez, Rodríguez, L. Taylor, Uresti, Watson, 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 374 ON THIRD READING

Senator Seliger, on behalf of Senator Schwertner, moved to suspend the regular order of business to take up for consideration SB 374 at this time on its third reading and final passage:

SB 374, Relating to requiring state agencies to participate in the federal electronic verification of employment authorization program, or E-verify.

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

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

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

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

SENATE BILL 722 ON THIRD READING

Senator Estes, on behalf of Senator Perry, moved to suspend the regular order of business to take up for consideration SB 722 at this time on its third reading and final passage:

SB 722, Relating to a disqualification for unemployment benefits for refusing to take or failing a preemployment drug test.

The motion prevailed 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.

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)
(Motion In Writing)

Senator Hancock submitted the following Motion In Writing:

Mr. President:

I move to suspend Senate Rule 11.13 so that committees may meet during the reading and referral of bills and during the Local and Uncontested Calendar.

HANCOCK

The Motion In Writing was read and prevailed without objection.

SENATE RULE 7.07(b) SUSPENDED

(Permission to Introduce)

(Motion In Writing)

Senator Whitmire submitted the following Motion In Writing:

Mr. President:

I move suspension of Senate Rule 7.07(b) to permit the introduction of the following bills: SCR 43, SCR 44.

WHITMIRE

The Motion In Writing was read and prevailed without objection.

SENATE RULES SUSPENDED

(Posting Rules)

Senator Bettencourt moved to suspend Senate Rule 11.10(a) and Senate Rule 11.18(a) in order that the Committee on Business and Commerce might meet in the Senate Chamber today.

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.

MOTION TO RECESS AND ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 5:28 p.m. agreed to recess, upon completion of the introduction of bills and resolutions on first reading, until 9:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, in memory of Fredna Knaggs Dobie Wood, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. Monday, May 11, 2015.

(President in Chair)

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 2070 by Campbell

Relating to the powers and duties of the Headwaters Municipal Utility District; providing authority to issue bonds and impose taxes.