SENATE JOURNAL
EIGHTY-SIXTH LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

FIFTEENTH DAY
(Wednesday, February 20, 2019)

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:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

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

Pastor Gavin Papit, Tribes Church, Argyle, offered the invocation as follows:

Lord, You are good, and we are reminded of that goodness this morning as we gather in this Legislature as free Texans under the leadership of these Senators and others who serve in this building. I ask for Your blessing and guidance on today's session. I don't believe You are just some distant god who is uninterested in our lives but are the active, personal God who sent Your son, Jesus, to die for our sin and invite each of us into a relationship with You. We read of Your activity in our daily lives in Romans 12:1 which says, Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Lord, we lift up these governing authorities today, knowing each person who serves on this floor has been appointed by You and has a call placed on their lives to lead in such a way that honors You and submits to Your leadership. Lord, I pray for Your supernatural guidance on their lives and wisdom in the decisions made today. Lord, bring conviction when we misstep, allowing our agendas to get in the way of Your mission on Earth. Grant us grace that accompanies the realization that we are never beyond Your love and redemption. Allow peace that comes from a soul at rest, not in human striving but in Your power. And, above all, allow Texas to remain a state that seeks after You as each of its citizens strive to love You and love our neighbors as ourselves. Thank You for the great state we get to call home and the overwhelming blessing of freedom that comes along with that. Thank You, Lord. 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 GOVERNOR

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

February 20, 2019
Austin, Texas

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

On January 17, 2019, I submitted the name of Kenneth R. "Kenny" Koncaba, Jr. for appointment to the Texas Southern University Board of Regents for a term to expire February 1, 2023.

Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me.

Respectfully submitted,

/s/Greg Abbott
Governor

PHYSICIAN OF THE DAY

Senator Fallon was recognized and presented Dr. Thomas David Greer of Henrietta as the Physician of the Day.

The Senate welcomed Dr. Greer and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

(Senator West in Chair)

SENATE RESOLUTION 209

Senator Nelson offered the following resolution:

SR 209, Recognizing the Dallas-Fort Worth International Airport for being named the Global Airport of the Year.

NELSON
HANCOCK
JOHNSON

The resolution was again read.

The resolution was previously adopted on Tuesday, February 19, 2019.

GUESTS PRESENTED

Senator Nelson, joined by Senators Johnson, Hancock, and Birdwell, was recognized and introduced to the Senate Dallas-Fort Worth International Airport CEO Sean Donohue,Vice-president of Global Strategy and Development John Ackerman, Board of Directors Chair William Meadows, and a delegation representing DFW International Airport.

The Senate welcomed its guests.

SENATE RESOLUTION 202

Senator Nelson offered the following resolution:

SR 202, Recognizing February 18 through 20, 2019, as Denton County Days.

NELSON
FALLON

The resolution was again read.

The resolution was previously adopted on Tuesday, February 19, 2019.

GUESTS PRESENTED

Senator Nelson, joined by Senator Fallon, was recognized and introduced to the Senate a Denton County delegation including County Judge Andy Eads; Commissioners Hugh Coleman, Ron Marchant, Bobbie J. Mitchell, and Dianne Edmondson; Denton Mayor Chris Watts and Councilmembers Gerard Hudspeth and John Ryan; Tax Assessor-Collector Michelle French; Constable Jeri Rodriguez; Denton ISD Superintendent Jamie Wilson; Lewisville ISD Superintendent Kevin Rogers and Trustees Angie Cox, Tracy Miller, and Kronda Thimesch; and Jayne Howell, Denton County Republican Party Chair.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Birdwell was recognized and introduced to the Senate a delegation from Hill County including County Judge Justin Lewis, District Clerk Marchel Eubank, County Clerk Nicole Tanner, Justice of the Peace Shane Brassell, Hillsboro Mayor Edith Omberg and City Manager Frank Johnson, Hill College President Pam Boehm, Vicki Hidde, and Eugene Fulton.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Kolkhorst was recognized and introduced to the Senate a Texas Dental Association delegation including former Senator David Sibley.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Zaffirini, joined by Senator Hinojosa, was recognized and introduced to the Senate representatives of the Texas Border Coalition including Pete Saenz and Eddie Treviño Jr.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 205

Senator Powell offered the following resolution:

SR 205, Recognizing February 20, 2019, as Mansfield Day.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Powell, joined by Senators Paxton and Birdwell, was recognized and introduced to the Senate a delegation from Mansfield including Mayor David Cook, Mansfield Chamber of Commerce Chair Bill Bryant, Mansfield Chamber of Commerce President Lori Williams, and Mansfield ISD Superintendent Jim Vaszauskas.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate the 2018-2019 Leadership Southwest Class.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Fallon was recognized and introduced to the Senate the Strawn High School state champion football team including Head Coach Dewaine Lee, Assistant Coaches Jose Cervantes and John Eli, Senior Captains Tanner Hodgkins, Ivan Ruiz, JR Cervantes, and Carlos Villanueva, Strawn ISD Superintendent Richard Mitchell, Strawn cheerleaders and pep squad, and Principal Melanie Cormack.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Campbell was recognized and introduced to the Senate members of the Texas Society of the Sons of the American Revolution.

The Senate welcomed its guests.

SENATE RESOLUTION 221

Senator Bettencourt offered the following resolution:

SR 221, Recognizing February 20, 2019, as Texas BOMA Advocacy Day.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Bettencourt was recognized and introduced to the Senate a Texas Building Owners and Managers Association delegation including BOMA Chapter Presidents Traci Devereaux, Kristin Chavarria, Lawrence Virts, Andy Taylor, Allison Millington, Ed Bovermann, and Betty Lagred.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Birdwell was recognized and introduced to the Senate a Texas Energy Day delegation.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Nichols was recognized and introduced to the Senate a Texas Forestry Association delegation.

The Senate welcomed its guests.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President 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 Buckingham.

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

The President 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.

Justice, Court of Appeals, Eleventh Court of Appeals District:  Keith David Stretcher, Midland County.

Justice, Court of Appeals, Tenth Court of Appeals District:  John Edward Neill, Johnson County.

Justice, Court of Appeals, Thirteenth Court of Appeals District:  Gregory Thomas Perkes, Nueces County.

Criminal District Attorney, Navarro County:  William James Dixon, Navarro County.

GUESTS PRESENTED

Senator Nichols was recognized and introduced to the Senate a delegation from Lufkin and Angelina County.

The Senate welcomed its guests.

MOTION IN WRITING

Senator Hughes offered 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.

HUGHES

The Motion In Writing was read and prevailed without objection.

SELECT COMMITTEE APPOINTED

The President announced the appointment of the following committee for the 86th Legislature:

TEXAS PORTS
Creighton, Chair; Alvarado, Vice-chair; Hinojosa, Kolkhorst, Lucio, Nelson, Taylor.

CO-AUTHORS OF SENATE BILL 3

On motion of Senator Nelson, Senators Hancock and Watson will be shown as Co-authors of SB 3.

CO-AUTHOR OF SENATE BILL 170

On motion of Senator Perry, Senator Kolkhorst will be shown as Co-author of SB 170.

CO-AUTHOR OF SENATE BILL 208

On motion of Senator Campbell, Senator Buckingham will be shown as Co-author of SB 208.

CO-AUTHOR OF SENATE BILL 312

On motion of Senator Buckingham, Senator Flores will be shown as Co-author of SB 312.

CO-AUTHOR OF SENATE BILL 408

On motion of Senator Birdwell, Senator Schwertner will be shown as Co-author of SB 408.

CO-AUTHOR OF SENATE BILL 476

On motion of Senator Hancock, Senator Nichols will be shown as Co-author of SB 476.

CO-AUTHOR OF SENATE BILL 480

On motion of Senator Watson, Senator Zaffirini will be shown as Co-author of SB 480.

CO-AUTHOR OF SENATE BILL 686

On motion of Senator Alvarado, Senator Zaffirini will be shown as Co-author of SB 686.

CO-AUTHOR OF SENATE BILL 692

On motion of Senator Buckingham, Senator Schwertner will be shown as Co-author of SB 692.

CO-AUTHOR OF SENATE BILL 694

On motion of Senator Campbell, Senator Buckingham will be shown as Co-author of SB 694.

CO-AUTHOR OF SENATE BILL 810

On motion of Senator Perry, Senator Kolkhorst will be shown as Co-author of SB 810.

CO-AUTHOR OF SENATE JOINT RESOLUTION 4

On motion of Senator Menéndez, Senator Lucio will be shown as Co-author of SJR 4.

CO-AUTHOR OF SENATE JOINT RESOLUTION 25

On motion of Senator Hinojosa, Senator Lucio will be shown as Co-author of SJR 25.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolution

SR 217 by Fallon, Congratulating the Strawn High School football team for winning a state championship.

Official Designation Resolutions

SR 214 by Campbell, Proclaiming February 22, 2019, President George Washington Day.

SR 222 by Hall and Johnson, Recognizing February 21, 2019, as Leadership Rowlett Day.

SR 223 by Schwertner, Proclaiming February 21, 2019, Williamson County Day.

SR 225 by Kolkhorst, Recognizing February 25, 2019, as University of Houston-Victoria Day.

SR 226 by Birdwell, Recognizing February 20, 2019, as Texas Energy Day.

RECESS AND MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 11:53 a.m. agreed to recess until 11:00 a.m. tomorrow for the introduction of bills and resolutions on first reading.

The Senate further agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, until 3:00 p.m. Monday, February 25, 2019.



APPENDIX



RESOLUTIONS ENROLLED

February 19, 2019

SR 113, SR 124, SR 190, SR 196, SR 200, SR 202, SR 203, SR 204, SR 206, SR 207, SR 208, SR 209, SR 210, SR 212, SR 213, SR 215, SR 216, SR 218, SR 219, SR 220