Monday, April 1, 2019

THIRTIETH DAY

(Monday, April 1, 2019)

The Senate met at 2:00 p.m. pursuant to adjournment and was called to order by President Pro Tempore Watson.

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

The Reverend Jeff McCreight, Rock City, Lubbock, was introduced by Senator Perry and offered the invocation as follows:

Father God, we approach Your throne today on behalf of our State Senate and all that will be done in this Chamber today. We first acknowledge You. We acknowledge that You are the God of all creation. Therefore, You are the God of all wisdom and knowledge. And so, we seek Your guidance today concerning the issues of our state. The State of Texas is one of the most influential states in the union. As goes Texas, in many ways, so goes America. And as goes America, so goes the world. So, the burden of leadership is heavy and the stakes of the decisions made in this room are high. In this culture today, we have many competing voices. So many ideas and ideologies are clamoring to be heard, vying for the vote, and pandering to become policy. The compass of our culture seems to have many dials, and it can be very complicated to simply find the right direction to go. But as Job wrote in scripture, You know the way we take. So, we listen for You. We hand You the microphone today. May Your voice drown out all other voices and may Your wisdom dominate all other ideas and ideologies. I invite Your kingdom to come and Your will to be done. May God bless Texas, may Texas bless America, and may America bless the world. I ask these things in the name and authority of Jesus Christ. 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.

GUEST PRESENTED

Senator Perry was recognized and introduced to the Senate Dylan McCreight, serving today as an Honorary Senate Page.

The Senate welcomed its guest.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Monday, April 1, 2019 - 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 1

Zerwas

General Appropriations Bill.

HB 61

White

Relating to the use of certain lighting equipment on escort flag vehicles.

HB 428

Shaheen

Relating to the solicitation of pen pals by certain inmates of the Texas Department of Criminal Justice.

HB 547

Canales

Relating to verification of hunting and fishing license information.

HB 638

Capriglione

Relating to the issuance of posthumous high school diplomas to certain students.

HB 1101

Darby

Relating to the name of the Southwest Collegiate Institute for the Deaf.

SB 500

Nelson

Sponsor: Zerwas

Relating to making supplemental appropriations and reductions in appropriations and giving direction, including direction regarding reimbursement, and adjustment authority regarding appropriations.

(Committee Substitute/Amended)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

MESSAGES FROM THE GOVERNOR

The following Messages from the Governor were read and were referred to the Committee on Nominations:

March 28, 2019

Austin, Texas

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

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

To be members of the Nueces River Authority Board of Directors for terms to expire as indicated:

To Expire February 1, 2021:

John W. Galloway

Beeville, Texas

(replacing Gary W. Moore, Sr. of Portland who resigned)

Karin E. Knolle

Sandia, Texas

(replacing Lindsey Alfred Koenig of Orange Grove whose term expired)

To Expire February 1, 2023:

Will "Alston" Beinhorn

Catarina, Texas

(Mr. Beinhorn is being reappointed)

Marshall E. Davidson

Ingleside, Texas

(replacing Roxana Proctor Tom of Campbellton whose term expired)

Chad H. Foster, Jr.

Uvalde, Texas

(replacing Gary A. Jones of Beeville whose term expired)

Annelise V. Gonzalez

San Antonio, Texas

(replacing Laura Orman Clader of Pleasanton whose term expired)

Debra Y. Hatch

Corpus Christi, Texas

(replacing Mary E. "Mary Beth" Delano of Corpus Christi whose term expired)

William J. "Bill" Schuchman

Jourdanton, Texas

(replacing John W. Galloway of Beeville whose term expired)

Howard A. "Tony" Wood

Sandia, Texas

(replacing Fidel R. Rul, Jr. of Alice whose term expired)

To be members of the Texas County and District Retirement System Board of Trustees for terms to expire December 31, 2023:

Susan H. Fletcher

Frisco, Texas

(replacing Herman C. "Chuck" Cazalas of Corpus Christi whose term expired)

Mary Louise Nicholson

Fort Worth, Texas

(Ms. Nicholson is being reappointed)

Kara Sands

Corpus Christi, Texas

(replacing Dorye Kristeen "Kristy" Roe of Bryan whose term expired)

Respectfully submitted,

/s/Greg Abbott

Governor

PHYSICIAN OF THE DAY

Senator Flores was recognized and presented Dr. Taylor McCain of Alpine as the Physician of the Day.

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

(Senator Flores in Chair)

GUESTS PRESENTED

President Pro Tempore Watson was recognized and introduced to the Senate representatives of the American Planning Association, Texas Chapter, and City of Bastrop officials: Connie Schroeder, Lyle Nelson, Bill Peterson, Drusilla Rogers, Bill Ennis, Deborah Jones, Matt Jones, James Altgelt, Jennifer Bills, Allison Land, Allison Long, and Vivianna Nicole Hamilton.

The Senate welcomed its guests.

(President Pro Tempore Watson in Chair)

GUESTS PRESENTED

Senator Nichols was recognized and introduced to the Senate students and staff from Excelsior ISD.

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.

CONCLUSION OF MORNING CALL

The President Pro Tempore at 2:20 p.m. announced the conclusion of morning call.

SENATE BILL 395 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SB 395 at this time on its second reading:

SB 395, Relating to certain notice requirements and filing requirements in court proceedings involving persons with mental illness.

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 395 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 395 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 1082 ON SECOND READING

On motion of Senator Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1082 at this time on its second reading:

SB 1082, Relating to the feasibility of creating and maintaining a coastal barrier system.

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 1082 ON THIRD READING

Senator 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 1082 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 361 ON SECOND READING

Senator Huffman moved to suspend the regular order of business to take up for consideration CSSB 361 at this time on its second reading:

CSSB 361, Relating to certain contracts for the transfer of a pet.

The motion prevailed.

Senators Creighton, Hall, Hughes, Fallon, and Perry 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 passage to engrossment except as follows:

Nays: Creighton, Hall, Hughes, Fallon, Perry.

COMMITTEE SUBSTITUTE
SENATE BILL 361 ON THIRD READING

Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 361 be placed on its third reading and final passage.

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

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

Nays: Creighton, Fallon, Hall, Hughes, Perry.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 749 ON SECOND READING

On motion of Senator Kolkhorst and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 749 at this time on its second reading:

CSSB 749, Relating to level of care designations for hospitals that provide neonatal and maternal care.

The bill was read second time.

Senator Kolkhorst offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 749 (senate committee report) as follows:

(1) In SECTION 2 of the bill, in added Section 241.1835(c), Health and Safety Code (page 2, lines 30-34), strike "in collaboration with the Perinatal Advisory Council established under Section 241.187 and other relevant interested persons, including hospital-based and community-based physicians of applicable specialties with experience in providing telemedicine medical services" and substitute "in consultation with the department, physicians of appropriate specialties, statewide hospital associations, and other appropriate interested persons".

(2) In SECTION 3 of the bill, in added Section 241.187(m)(1)(A), Health and Safety Code (page 3, line 54), immediately following the underlined semicolon, strike "and".

(3) In SECTION 3 of the bill, in added Section 241.187(m)(1), Health and Safety Code, immediately following Paragraph (B) (page 3, between lines 57 and 58), insert the following:

(D) whether, in making a level of care designation for a hospital, the department or the perinatal advisory council should consider:

(i) the geographic area in which the hospital is located; and

(ii) regardless of the number of patients of a particular gestational age treated by the hospital, the hospital's capabilities in providing care to patients of a particular gestational age;

(4) In SECTION 4(a) of the bill, in the transition language (page 4, line 7), strike "2020" and substitute "2021".

The amendment to CSSB 749 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 749 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 749 ON THIRD READING

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 CSSB 749 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.

REMARKS ORDERED PRINTED

On motion of Senator Kolkhorst and by unanimous consent, the remarks regarding Floor Amendment No. 1 to CSSB 749 were ordered reduced to writing and printed in the Senate Journal as follows:

Senator Kolkhorst: Thank you, Mr. President. Members, I want to be very clear on the legislative intent because I know there are stakeholders that are watching. I was very disappointed to learn that the rules dictated that Level III NICUs must provide care for newborns of all gestational ages. This is contrary to the American Academy of Pediatrics' guidelines. A Level III should not have to take care of a 22-weeker. They should be taking care of babies at or above 28 weeks with limited exceptions. We want hospitals to achieve at a level they feel comfortable providing the quality of care. I was very tempted to write this explicitly into the bill, but I understand statute is not the proper place for rules to be made. This amendment adds three issues to include when the Department of State Health Services and the Perinatal Advisory Council strategically reviews the designation rules. First, the requirements for a level of care designation related to a set gestational age, in other words, we should not require Level IIIs to take care of all gestational ages. Second, it clarifies whether a hospital's geographic region should be taken into consideration when making a designation. And third, it gives consideration of the hospital's capability is for providing care regardless of the level of volume of patients of specific gestational ages. Members, the rule requiring Level IIIs to provide care for all newborns has resulted in some hospitals taking care of babies that they do not feel prepared to serve. In other instances, hospitals have been downgraded to a Level II resulting in infants between 28 and 32 weeks of gestational age being unnecessarily transferred. Regarding patient volume, some rural hospitals have been unable to meet the required designation level simply because they do not have enough patient volume to demonstrate during the survey period that they can provide care to certain gestational ages. Again, I very nearly added this to the bill that Level IIIs cannot be required to care for newborns under 28 weeks, but this amendment will direct a review of that rule, and I want to be very clear on the intent. Members, my amendment makes two other simple changes. It clarifies that the rule regarding which requirements can be satisfied via telemedicine must be made in consultation with physicians, hospital associations, and DSHS and either appropriate stakeholders and, finally, corrects a drafting issue relating to the date of implementation for the maternal gestation requirement. So, with that, Mr. President, I know that was long, but I wanted to make sure that our stakeholders were listening, that are listening, understand the intent of this amendment as we've worked on this for several weeks now. So, I move adoption of the Floor Amendment No. 1.

President Pro Tempore Watson: Thank you, Senator Kolkhorst. Senator Kolkhorst moves adoption of Floor Amendment 1, but before we go to a vote on that, Senator West, for what purpose?

Senator West: Question of the author.

President Pro Tempore Watson: Senator Kolkhorst, would you yield?

Senator Kolkhorst: I do.

President Pro Tempore Watson: She yields, Senator West.

Senator West: Okay, I just want to make certain, Senator, gestation is the process of carrying or being carried in the womb between conception and birth.

Senator Kolkhorst: Say that again, Senator?

Senator West: Gestation is the process of carrying, of being carried in the womb between conception and birth.

Senator Kolkhorst: Yes. It is, exactly, it is the amount of weeks when a baby is given, born, you know, you have the 40 weeks, the 38 weeks all the way down. We've gotten better at caring for 22-weekers and those very premature babies.

Senator West: Okay so, if someone were to ask the question, does this infringe upon a woman's right as it relates to whether she has an abortion or not, does it infringe on that right?

Senator Kolkhorst: Um, Senator West, I did not see this as an abortion bill. This was actually our Perinatal Advisory Council that's been working since 2013 to do designations for our NICUs, and so with that, I don't see that issue in this bill. This is when a child is given birth, not inside the womb, so not sure how to answer that question.

Senator West: So, this is all post-birth, is that correct?

Senator Kolkhorst: Yes, Sir. This has to do with the NICUs of hospitals and when a baby is given birth, so very low birth weight babies and what NICU level is most appropriate to care for that baby. So, opposite of our emergency rooms, which Level IV is the lowest level of our emergency rooms, Level IV is the highest level of NICU. You would find that at Texas Children's Hospital and some of the other very specific hospitals. You find Level IIIs, IIs, and Is. Level Is are just those very healthy babies that are born in hospitals. Level II is a little bit preemie, and then finally, we go on to Level IIIs. And this bill is clarifying Level IIIs.

Senator West: Alright, thank you very much.

Senator Kolkhorst: Thank you.

President Pro Tempore Watson: Senator Campbell, for what purpose?

Senator Campbell: Thank you, Mr. President. Thank you, Chairman Kolkhorst.

President Pro Tempore Watson: Senator Kolkhorst, do you yield?

Senator Kolkhorst: I do, Mr. President.

Senator Campbell: Thank you, Mr. President. Again, Chairman Kolkhorst, I know you've worked long and hard, especially with me, with the rural hospitals, in trying to get these different levels and what will really help, especially, rural hospitals is one of my, have more focus, because that's where more of my experience is. And, Members, the amendment is good. It helps us try to keep our neonatal, our perinatal, our maternal mortality, our levels of even labor and delivery. We're trying to find that nice balance, what strikes a nice balance to keep the rural hospitals open, allow them to deliver babies, transfer the babies when they're sick, and this is a good amendment. And you've worked really hard on that, and I really appreciate you listening to try to help us get these levels, hopefully now, straightened out.

Senator Kolkhorst: Well, I appreciate that, Senator Campbell. This bill actually incorporates one of your bills which has to do with family practice OB, and making sure that family practice with a concentration in OB are able to work in Level IIs, which we know are important for the rural areas, and keeping those babies as close to home as possible with their mothers.

Senator Campbell: Yes, and that's, you bring up a good point, with the family practice docs who have had years of experience in delivering babies, and throughout the whole gestational period, they are working with the mothers and their morbidity, their illness that are associated that they already have and then with their experience in delivering. That allows the rural hospitals to continue to be able to deliver babies. And what we have found in the rural area are some of the hospitals shutting down because they've taken family practice out of the loop for on-call and being able to deliver. And when you do, the mothers will now labor further distance and deliver in the back of ambulances or in cars, so we don't want that. We want to keep our rural hospitals open, we want to deliver babies, but at the same time, we are not sacrificing any quality. So, very good.

Senator Kolkhorst: Thank you. I appreciate your input during the committee process, Senator Campbell, and your expertise–

Senator Campbell: Thank you.

Senator Kolkhorst: –being a doctor in the rural area as well.

Senator Campbell: Thank you, thank you, Madame Chair, thank you, Mr. President.

(President in Chair)

COMMITTEE SUBSTITUTE
SENATE BILL 22 ON SECOND READING

Senator Campbell moved to suspend the regular order of business to take up for consideration CSSB 22 at this time on its second reading:

CSSB 22, Relating to prohibiting certain transactions between a governmental entity and an abortion provider or affiliate of the provider.

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

Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.

Nays: Alvarado, Hinojosa, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.

The bill was read second time.

Senator Menéndez offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 22 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in the heading to added Section 2272.003, Government Code (page 2, line 34), strike "EXCEPTION" and substitute "EXCEPTIONS".

(2) In SECTION 1 of the bill, in added Section 2272.003(a), Government Code (page 2, line 35), strike "Subsection (b)" and substitute "Subsections (b) and (c)".

(3) In SECTION 1 of the bill, immediately following added Section 2272.003(b), Government Code (page 2, between lines 42 and 43), insert the following:

(1) access to long-acting reversible contraceptives, including implants and intrauterine devices;

(2) access to cancer screening and prevention services;

(3) human immunodeficiency virus testing;

(4) sexually transmitted disease prevention services, including screenings and treatment; and

(5) teen pregnancy prevention education services for at-risk youth.

The amendment to CSSB 22 was read.

On motion of Senator Campbell, Floor Amendment No. 1 was tabled by the following vote: Yeas 20, Nays 11.

Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.

Nays: Alvarado, Hinojosa, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.

Senator Rodríguez offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 22 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in the heading to added Section 2272.003, Government Code (page 2, line 34), strike "EXCEPTION" and substitute "EXCEPTIONS".

(2) In SECTION 1 of the bill, in added Section 2272.003(a), Government Code (page 2, line 35), strike "Subsection (b)" and substitute "Subsections (b) and (c)".

(3) In SECTION 1 of the bill, immediately following added Section 2272.003(b), Government Code (page 2, between lines 42 and 43), insert the following:

(c) This section does not apply to a taxpayer resource transaction entered into by a governmental entity if the governmental entity provides evidence to the comptroller that prohibiting the taxpayer resource transaction will restrict the governmental entity from preventing or responding to a public health emergency, including an outbreak of the Zika virus or a sexually transmitted disease.

The amendment to CSSB 22 was read and failed of adoption by the following vote: Yeas 11, Nays 20.

Yeas: Alvarado, Hinojosa, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.

Nays: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.

CSSB 22 was passed to engrossment by the following vote: Yeas 20, Nays 11.

Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.

Nays: Alvarado, Hinojosa, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.

HOUSE BILL 403 REREFERRED

(Motion In Writing)

Senator Huffman submitted a Motion In Writing requesting that HB 403 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Education.

The Motion In Writing was read and prevailed without objection.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: SCR 56, HCR 128.

SENATE RULE 7.07(b) SUSPENDED
(Permission to Introduce)
(Motions In Writing)

On motion of Senator Nichols, Senate Rule 7.07(b) was suspended for SB 2501.

On motion of Senator Bettencourt, Senate Rule 7.07(b) was suspended for SB 2503.

On motion of Senator Perry, Senate Rule 7.07(b) was suspended for SCR 58.

On motion of Senator Birdwell, Senate Rule 7.07(b) was suspended for SCR 59.

The Motions In Writing were read and prevailed without objection.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)

On motion of Senator Lucio and by unanimous consent, Senate Rule 11.13 was suspended to grant the Committee on Intergovernmental Relations permission to meet while the Senate was meeting today.

SENATE RULES SUSPENDED

(Posting Rules)

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

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Property Tax might meet tomorrow and consider SB 1029.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 3:46 p.m. agreed to adjourn, in memory of Phillip Taylor and Virginia Connally, upon completion of the introduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 2484 by Kolkhorst

Relating to the board of directors and powers and duties of the Fort Bend County Municipal Utility District No. 214; providing authority to issue bonds; providing authority to impose fees and taxes.