(Wednesday, April 3, 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 Jason McNutt, Hill Country Bible Church Dripping Springs, offered the invocation as follows:

Dear Father, it is a great day to be reminded of exactly who You are. Remind us that You are timeless in Your engagement with Your creation and Your people. You are the God who is working all things together after the counsel of Your will. Thank You for these men and women that are here to serve the citizens of Texas. Remind each one here that they have been elected to represent the people of their district before they ever represent a party or national platform. Protect each Member here and their staff from lies, deceit, and manipulation. Allow only truth to prevail. Give wisdom and discernment to each Senator to choose what is right and good and just. I pray that You would be active in this Chamber. Close the mouths and limit the influence of those that try to twist what You have declared as evil and try to sell it as good. Give a voice and great influence to those who would promote what is right and just and good according to Your law. I pray that You would continue to bless the State of Texas so that we may be a blessing to others. May Your kingdom come, Your will be done, on Earth as it is in heaven. For Yours is the kingdom and the power and the glory forever. 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

Wednesday, April 3, 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:

Relating to the order of candidate names on an election ballot.

Relating to the creation of the criminal offense of false caller identification information display.

Relating to entities eligible to authorize the creation of a spaceport development corporation.

Relating to meetings or visits between a defendant on community supervision and a supervision officer.

Relating to designating June as Neonatal Abstinence Syndrome Awareness Month.

Relating to general obligation bonds issued by political subdivisions.

Relating to the public high school graduation credit requirements for a language other than English.

Relating to the execution of a warrant issued for certain individuals who violate a condition of release on parole or to mandatory supervision.

Relating to the state and regional water planning process.

Relating to the creation of the University of Houston College of Medicine at the University of Houston.

Relating to the omission of a deceased candidate from the ballot in certain elections.

Relating to pharmacist communications to prescribing practitioners regarding certain dispensed biological products.

Relating to disease prevention and preparedness information for emergency medical services personnel on certification or recertification.

Relating to the possession and administration of epinephrine auto-injectors in day-care centers; limiting liability.

Relating to the grounds for imposing certain sanctions on certain persons for engaging in certain conduct in connection with the appointment of members of or the functions of appraisal review boards.

Relating to the exemption of certain commercial weighing or measuring devices from registration and inspection requirements.

Relating to the use of prescription asthma medicine on public and private school campuses.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

Senator Campbell was recognized and introduced to the Senate Hill Country Bible Church Dripping Springs Lead Pastor Jason McNutt and his wife, Mandi, and sons, Alex and Andrew.

The Senate welcomed its guests.

Senator Huffman offered the following resolution:

SR 534, Recognizing April 1 through 5, 2019, as Texas Retired Teachers Week.

The resolution was read.

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

On motion of Senator Huffman, the resolution was adopted by a rising vote of the Senate.

Senator Huffman, joined by Senators Menéndez, Nelson, Zaffirini, West, Campbell, Whitmire, Paxton, Hinojosa, Hall, Fallon, Kolkhorst, and Lucio, was recognized and introduced to the Senate a delegation of the Texas Retired Teachers Association (TRTA) including Board President Patricia Macias, Vice-president of Public Relations Marcy Cann, Immediate Past President Nancy Byler, TRTA Legislative Coordinator Bill Barnes, and members of the San Patricio County Retired Teachers Association.

The Senate welcomed its guests.

Senator Whitmire was recognized and presented Dr. Lindsay Botsford of Houston as the Physician of the Day.

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

Senator Hinojosa was recognized and introduced to the Senate Lorenzo de Zavala Middle School students, accompanied by La Joya ISD Superintendent Gisela Saenz and Board Trustees Claudia Ochoa and Mary Hernandez.

The Senate welcomed its guests.

Senator Seliger was recognized and introduced to the Senate McKenna Courreges, serving today as an Honorary Senate Page.

Senator Seliger also introduced to the Senate representatives of the Texas Sorghum Association.

The Senate welcomed its guests.

Senator Campbell was recognized and introduced to the Senate an Alzheimer's Texas delegation.

The Senate welcomed its guests.

Senator Watson was recognized and introduced to the Senate Baylor Law School students, accompanied by Joe B. Allen.

The Senate welcomed its guests.

Senator Buckingham was recognized and introduced to the Senate Louisiana State Representative Alan Seabaugh.

The Senate welcomed its guest.

Senator Seliger offered the following resolution:

SR 422, Congratulating the Amarillo Sod Poodles on their inaugural 2019 season.

The resolution was read and was adopted without objection.

Senator Seliger was recognized and introduced to the Senate the Amarillo Sod Poodles Minor League Baseball Team General Manager Tony Ensor, Jerry Hodge, Ginger Nelson, Shane Philipps, Jacob Helmus, Lynn Ensor, Margaret Hodge, and Cheryl Fairly.

The Senate welcomed its guests.

Senator Campbell was recognized and introduced to the Senate a Leadership Bulverde-Spring Branch delegation.

The Senate welcomed its guests.

On motion of Senator Whitmire, the Senate at 12:07 p.m. recessed until 12:40 p.m. today.

The Senate met at 1:06 p.m. and was called to order by the President.

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

April 3, 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 Texas Health Services Authority Board of Directors for terms to expire June 15, 2019:

Paula E. Anthony-McMann, Ph.D.

Tyler, Texas

Victoria Ai Linh Bryant, Pharm.D.

Houston, Texas

Shannon S. Calhoun

Goliad, Texas

Lourdes M. Cuellar

Houston, Texas

Salil V. Deshpande, M.D.

Houston, Texas

Emily F. Hartmann

El Paso, Texas

Kenneth S. James

Volente, Texas

Jerome P. Lisk, M.D.

Tyler, Texas

Leticia C. Rodriguez

Monahans, Texas

Jonathan J. Sandstrom Hill

Lakeway, Texas

Siobhan Shahan

Amarillo, Texas

Carlos J. Vital, M.D.

Friendswood, Texas

To be members of the Governing Board of the Texas School for the Deaf for terms to expire as indicated:

Eric L. Hogue

Wylie, Texas

Angela O. "Angie" Wolf

Dripping Springs, Texas

Shalia H. "Sha" Cowan, Ed.D.

Dripping Springs, Texas

Christopher J. "Chris" Moreland, M.D.

New Braunfels, Texas

Shawn Patrick Saladin, Ph.D.

Edinburg, Texas

David A. Saunders

Waxahachie, Texas

Keith E. Sibley

Bedford, Texas

Heather Lightfoot Withrow

Austin, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

Senator Buckingham submitted the following Motion In Writing:

Mr. President:

I move that the nomination of George Antuna, Jr. to the State Board of Veterinary Medical Examiners be withdrawn from the Committee on Nominations, and I further move that the nomination be returned to the Governor pursuant to his request.

BUCKINGHAM

The Motion In Writing was read and prevailed without objection.

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.

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

Member, Board, Texas Department of Motor Vehicles:  Paul Richard Scott, Lubbock County.

Commissioner of Education:  Michael Hunter Morath, Travis County.

Members, Board of Regents, Midwestern State University:  Okechukwu Okeke, Wichita County; Karen Liu Pang, Dallas County.

Member, Parks and Wildlife Commission:  Richard Randal Scott, Hays County.

Members, Board of Directors, Red River Authority of Texas:  Michael Ray Sandefur, Bowie County; Zackary Kiser Smith, Randall County; Joe Larry Ward, Fannin County.

Members, State Board of Veterinary Medical Examiners:  Carlos R. Chacon, Travis County; Michael Andrew White, Montgomery County.

Member, Board of Directors, Sulphur River Basin Authority:  James Christopher Spencer, Cass County.

Members, Texas Board of Professional Geoscientists:  Becky Lynn Johnson, Tarrant County; Drusilla Knight-Villarreal, Nueces County; Brandon Blake Stowers, Travis County; Mark Norman Varhaug, Dallas County.

Members, Texas Commission on the Arts:  Dale Wills Brock, Tarrant County; Adrian Guerra, Starr County; Mary Ann Apap Heller, Travis County; Deborah Gray Marino, Bexar County; Karen Elizabeth Snead Partee, Harrison County; Sean Payton, Bell County.

Members, Texas Historical Commission:  James Edward Bruseth, Hays County; Garrett Kieran Donnelly, Midland County; Rupa Dutia, Dallas County; Lilia Marisa Garcia, Willacy County; David Alfred Gravelle, Dallas County; Laurie Ellen Limbacher, Travis County.

Members, Texas State Library and Archives Commission:  David Champion Garza, Cameron County; Fenton Givens, Collin County; Arthur Thomas Mann, Hill County; Darryl Tocker, Travis County.

Member, Texas Transportation Commission:  Wylie New, Tom Green County.

Members, Board of Regents, Texas Woman's University:  Bernadette Carrasco Coleman, Denton County; Jill Elizabeth Jester, Denton County; Wanda Shepard, Parker County; Mary Pincoffs Wilson, Travis County; Kathleen Joy Wu, Dallas County.

Members, Board of Directors, Trinity River Authority of Texas:  Cathy Altman, Ellis County; Megan Wall Deen, Tarrant County; Jerry Franklin House, Leon County; Victoria Kristen Lucas, Kaufman County; Dennis J. McCleskey, Trinity County; Steven Lynn Roberts, San Jacinto County; David Gerald Ward, Madison County.

Members, Board of Regents, University of Houston System:  Douglas Hazen Brooks, Dallas County; Stephen Ira Chazen, Harris County.

Members, Board of Regents, University of North Texas System:  Mary C. Denny, Denton County; Carlos Munguia, Dallas County.

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.

The President at 1:09 p.m. announced the conclusion of morning call.

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration SB 586 at this time on its second reading:

SB 586, Relating to the training of peace officers for family violence and sexual assault assignments.

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.

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 586 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 1564 at this time on its second reading:

SB 1564, Relating to access to medication-assisted treatment for opioid use disorder under Medicaid.

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.

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 1564 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 522 at this time on its second reading:

SB 522, Relating to the development of an individualized education program for a public school student with a visual impairment.

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.

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 522 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 475 at this time on its second reading:

CSSB 475, Relating to an advisory body on the security of the electric grid.

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.

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 475 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 Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1113 at this time on its second reading:

SB 1113, Relating to a waiver authorizing the application of pesticides for mosquito control by certain municipal or county employees in an emergency.

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.

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1113 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 the regular order of business to take up for consideration SB 406 at this time on its second reading:

SB 406, Relating to the carrying or storage of a handgun by a school marshal.

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

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

Nays:  Menéndez, Rodríguez, Watson.

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

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 406 be placed on its third reading and final passage.

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

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

Nays:  Menéndez, Rodríguez, 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 Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1324 at this time on its second reading:

SB 1324, Relating to the filing of a degree plan by students at public institutions of higher education.

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.

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 1324 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 477 at this time on its second reading:

SB 477, Relating to the expiration of a school marshal license issued or renewed by the Texas Commission on Law Enforcement.

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.

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 477 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 Nichols moved to suspend the regular order of business to take up for consideration SB 621 at this time on its second reading:

SB 621, Relating to the transfer of the regulation of plumbing to the Texas Department of Licensing and Regulation, following recommendations of the Sunset Advisory Commission; requiring an occupational license; authorizing a fee.

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

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

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

The bill was read second time.

Senator Nichols offered the following amendment to the bill:

Amend SB 621 (senate committee printing) as follows:

(1)  In SECTION 4 of the bill, in amended Section 1301.151(a), Occupations Code (page 3, lines 63 through 65), strike "presiding officer of the commission, with commission approval, [governor with the advice and consent of the senate]" and substitute "governor [with the advice and consent of the senate]".

(2)  In SECTION 7 of the bill, in amended Section 1301.157, Occupations Code (page 4, lines 43 and 44), strike "presiding officer of the commission [governor]" and substitute "governor".

(3)  In SECTION 7 of the bill, in amended Section 1301.157, Occupations Code (page 4, lines 46 and 47), strike "presiding officer of the commission [governor]" and substitute "governor".

(4)  In SECTION 62 of the bill (page 19, lines 56 and 57), strike "presiding officer of the Texas Commission of Licensing and Regulation" and substitute "governor".

The amendment to SB 621 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.

Senator Nichols offered the following amendment to the bill:

Amend SB 621 (senate committee printing) as follows:

(1)  In SECTION 33 of the bill, in added Section 1301.3581(a), Occupations Code (page 10, lines 44 and 45), strike "waive any prerequisite to obtaining a license, endorsement, or certificate of registration issued" and substitute "issue a license, endorsement, or certificate of registration".

(2)  In SECTION 33 of the bill, in added Section 1301.3581, Occupations Code, strike Subsection (b) (page 10, lines 48 through 52), and reletter subsequent subsections of the section accordingly.

The amendment to SB 621 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. 2.

Senator Menéndez offered the following amendment to the bill:

Amend SB 621 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, in the recital (page 1, line 26), between "(9)," and "(10),", add "(9-a),".

(2)  In SECTION 1 of the bill, in the recital (page 1, lines 26-27), strike "Subdivisions (1-c) and (7-a)" and substitute "Subdivision (1-c)".

(3)  In SECTION 1 of the bill, in amended Section 1301.002, Occupations Code (page 2, lines 42-52), strike added Subdivision (7-a).

(4)  In SECTION 1 of the bill, in amended Section 1301.002, Occupations Code (page 3, between lines 3 and 4), insert the following:

(9-a) "Responsible master plumber" means a person licensed as a master plumber under this chapter who:

(A)  allows the person's master plumber license to be used by one plumbing company for the purpose of offering and performing plumbing work under the person's master plumber license;

(B)  is authorized to obtain permits for plumbing work;

(C)  assumes responsibility for plumbing work performed under the person's license; and

(D)  has submitted a certificate of insurance as required by Section 1301.3576[; and

[(E) has completed a training program required by Section 1301.3576].

(5)  In SECTION 4 of the bill, in amended Section 1301.151(a), Occupations Code (page 4, lines 3-6), strike amended Subdivision (4) and substitute the following:

(4)  one member who has been a responsible master plumber for at least five years with at least 10 years' experience as a licensed journeyman plumber or master plumber;

(6)  In SECTION 19 of the bill, in amended Section 1301.302, Occupations Code (page 6, line 51), strike "plumbing contractor [responsible master plumber]" and substitute "responsible master plumber".

(7)  In SECTION 20 of the bill, in added Section 1301.305(a)(1), Occupations Code (page 6, line 62), between "a" and "master plumber", insert "responsible".

(8)  In SECTION 20 of the bill, in added Section 1301.305(a)(6), Occupations Code (page 7, line 17), strike "plumbing contractor" and substitute "responsible master plumber".

(9)  Strike SECTION 21 of the bill amending Section 1301.351, Occupations Code (page 7, lines 38-69).

(10)  In SECTION 32 of the bill, in amended Section 1301.3576, Occupations Code, strike page 10, lines 28-32, and substitute the following:

Sec. 1301.3576.  CERTIFICATE OF INSURANCE [AND TRAINING] FOR RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a responsible master plumber, the master plumber must[:

(11)  In SECTION 39 of the bill, in amended Section 1301.452, Occupations Code (page 12, lines 47-50), strike added Subdivision (7) and renumber the subdivisions of the section accordingly.

(12)  Strike SECTION 43 of the bill amending Section 1301.551(g), Occupations Code (page 13, lines 24-30).

(13)  In SECTION 44 of the bill, in amended Section 1301.552, Occupations Code (page 13, lines 35, 36, 39 and 40, and 48), in each instance the phrase appears strike "plumbing contractor [responsible master plumber]" and substitute "responsible master plumber".

(14)  In SECTION 59 of the bill, in the repealer, strike Subdivisions (2) and (25) (page 18, lines 29 and 54) and renumber the subdivisions of the section accordingly.

(15)  Strike SECTION 61 of the bill (page 19, lines 41-54).

(16)  Renumber the SECTIONS of the bill accordingly.

The amendment to SB 621 was read.

On motion of Senator Nichols, Floor Amendment No. 3 was tabled by the following vote:  Yeas 20, Nays 11.

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

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

Senator Menéndez offered the following amendment to the bill:

Amend SB 621 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, in amended Section 1301.002(10)(A), Occupations Code (page 3, line 7), strike "[direct] supervision of a [journeyman or]" and substitute "direct supervision of a journeyman or".

(2)  In SECTION 1 of the bill, in amended Section 1301.002(10)(C), Occupations Code (page 3, lines 11 and 12), strike "general [the] supervision [of a responsible master plumber]" and substitute "the supervision of a [responsible] master plumber".

(3)  In SECTION 9 of the bill, in added Section 1301.160, Occupations Code (page 4, line 68), between "plumbing code requirements," and "and continuing education requirements.", add "supervision,".

(4)  In SECTION 12 of the bill, in amended Section 1301.203(a), Occupations Code (page 5, line 29), strike "department [board] may" and substitute "department shall [board may]".

(5)  In SECTION 12 of the bill, in amended Section 1301.203, Occupations Code (page 5, between lines 51 and 52), following Subsection (b), add the following appropriately lettered subsection and reletter the subsections of the section accordingly:

The amendment to SB 621 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. 4.

SB 621 as amended 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, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor, West.

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

Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 17 at this time on its third reading and final passage:

CSSB 17, Relating to discrimination by a state agency against an applicant for or holder of an occupational license.

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

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

Nays:  Alvarado, Hinojosa, Johnson, Menéndez, Miles, Powell, Rodríguez, Seliger, 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)

Senator Rodríguez submitted the following reason for vote on CSSB 17:

Senate Bill 17 purports to provide protections for those who choose not to provide services to others because of "sincerely held religious belief." I believe this is a vehicle to justify discrimination, particularly against LGBTQ Texans.

Freedom of religion has been a long established principle in our country. Our federal Constitution protects this and other rights, which may not be denied by the government without due process.

I appreciate that the author's beliefs compel him to carry this legislation. However, my own beliefs compel me to oppose what amounts to a get-out-of-jail free card to discriminate against religious and other minorities.

As our shared history shows, religious beliefs have been used to justify the inhumane treatment of various peoples including slaves, Catholics, Jews, and LGBTQ folx. Today, across the world, religious minorities – whether they're Christians, Jews, Muslims, Hindus, or even atheists – are persecuted for having beliefs that are not shared by the majority in their respective country.

In America, we pride ourselves on a learned history of tolerance. This means we do not use the power or authority of the government to discriminate against minority groups, and as a society, we continually strive towards a more perfect union.

Government should ensure that the exercise of religious expression – even when it represents a majority or a plurality – isn't used as a justification to exclude others from the full participation in American life, which includes the rights guaranteed under the U.S. Constitution.

Further, with respect specifically to S.B. 17, I'm concerned that the bill is overly broad and will lead to regulatory confusion by failing to define criteria with which to evaluate what constitutes a "sincere religiously held belief." This has been developed by the Equal Employment Opportunity Office but, to my knowledge, the state lacks.

I'm also concerned that it will undermine best practices of health care professionals. As articulated by Will Francis with the Texas Chapter of the National Association of Social Workers: "Religious exemptions are in direct opposition to the Code of Ethics for all mental health practitioners in Texas. It is the duty of all practitioners to place the client's autonomous self above any personal beliefs they may hold. Texas cannot have a healthy network of mental health professionals if laws enable providers to deny services based on their own values."

For all of these reasons, I voted against SB 17, and will continue to vote against bills that sanction discrimination against vulnerable minorities in Texas.

RODRÍGUEZ

On motion of Senator Hall and by unanimous consent, the closing remarks by Senators Perry and Lucio regarding CSSB 17 were ordered reduced to writing and printed in the Senate Journal.

On motion of Senator West and by unanimous consent, all remarks on third reading regarding CSSB 17 were ordered reduced to writing and printed in the Senate Journal as follows:

Senator Menéndez:  Thank you, Mr. President, and Members. I rise to speak against committee substitute for Senate Bill 17. Over the years we've made progress on advancing the rights of the LGBTQ citizens in this nation, but however, religious exemptions could directly target this group of people. In Alabama, religious exemption laws have been used as a basis for medical professionals to decline work to these clients. In Kansas, a state-licensed welfare agency was allowed to refuse to place and provide services to LGBTQ people if it conflicts with their religious beliefs. In Michigan, Mississippi, North Carolina, Oklahoma, and South Carolina, religious exemptions have made it possible to be denied services to the LGBTQ community. The problem is, that while an individual may be, quote, protected for refusing to service a same-sex couple or a transgendered woman, no one is protecting the people who are impacted directly by this bill. The Texas Department of Licensing and Regulation licenses and regulates over 150 types of jobs. One of the areas is tow trucks and tow truck operators. What if it's 1:00 in the morning and you have a couple, same-sex. What if the tow truck driver sees them and says that his religious beliefs or her religious beliefs prevent them from towing their car? This is just one example of discrimination that I think could happen. And you know, the problem is that even if, even if it was found that it was wrong, if we pass this bill that tow truck operator could feel emboldened to refuse them service and the damage is done. This is just one example, but considering that they license 150 other jobs, the potential for discrimination is much greater. Another program they license is dyslexia therapy. Let's say a teenager gets pregnant in high school. She may not graduate, but eventually goes back, has dyslexia, needs therapy to help her read. Under this bill, that therapist would be protected if his or her sincerely held religious beliefs prevent them from helping her because she had a child out of wedlock. Yesterday, we heard that this bill is an affirmative defense for people who are practicing their sincerely held religious beliefs. It was mentioned that the bill does not target any group of people, but, Members, as we've seen it practiced in other states, it clearly does. And this is not just anecdotal information, Members. Here in Texas, we had Fatma Marouf, 41, she's a law professor at Texas A&M who's married to Bryn Esplin, who's 33, who is a bioethics professor at the university's medical school. They decided to settle in Fort Worth. They heard about the refugee crisis and they decided they wanted to do something. They applied, they said, there are hundreds and hundreds of children who come in as refugees who've gone through enormous ordeals and need places to stay, but they were turned away. And why were they turned away, even though it seemed like it was a great fit? It was said here because they did not, quote, mirror the Holy Family. Members, this is what we're talking about. This is what I'm talking about. This is what I feel. I understand that, and I believe my colleague when he says that this is not in his heart. I would never think in a million years that he personally would discriminate against anybody. The problem is that when you create a shield, a defense, that shield can be used as a weapon, and that's why I rise to speak against the committee substitute for Senate Bill 17. Thank you, Mr. President. Thank you, Members.

President:  Thank you, Senator. Senator Rodríguez, did you want to speak?

Senator Rodríguez:  Yes, Mr. President, thank you. I, too, rise to speak against this bill. We heard a lot of, had a lot of discussion yesterday about the potential impact of this bill. And like Senator Menéndez, I feel that this bill really, rather than protecting discrimination against agency action, that it does the opposite, that it allows people with occupational licenses of all stripes and professions to discriminate. And I want us to think about the role that religion has played throughout our history. We all know that the First Amendment protects our exercise of religion. And, in fact, when this country was founded, you all recall, since we had the teachers here this morning, in our early educational experience, that the Puritans came over to America because they were being persecuted in England. And it's recorded in history that the Puritans once here, turned right around and discriminated against Catholics, for example, and other religions, based on their religious beliefs. In fact, that's what I understand why the State of Maryland was established as a haven for Catholics escaping the Puritans. We know that then we experienced slavery in this country and that religion and sincerely held religious beliefs were used as a reason to maintain slavery in this country. We fought a civil war over that. In more modern times, we recall that people who had sincerely held religious beliefs passed laws and maintained laws that prohibited interracial couples from marrying. Bring that bar closer to our time, and we have the same-sex marriage issue before the Supreme Court. It's now the law of the land that people of same sex can marry and have the benefits of all that that entails like anybody else, but we see in the guise of sincerely held religious beliefs people being denied opportunities, either to get a marriage license or to get other government benefits. So, Members, we ought to be cautious about these bills, and we have a whole slew of bills coming over from the House, assuming they get passed through the House, that are going to allow people to, landlords to deny renting to same-sex couples or Muslims or Catholics or whatever. We have bills that, like this one, that involve professionals, the medical profession. I mentioned lawyers yesterday and other professionals. There's bills that would, based on sincerely held religious beliefs, allow counselors, therapists, and others to, again, deny services to people. So, I want us to recall this history in this country of how religion has played a role in basically oppressing certain types of people. And while I do respect and support every single one of us exercising our religious beliefs and living by those tenets that we want to live by. It is very difficult for me knowing this history to sit here and accept that we will pass legislation that promotes that kind of treatment of people in this country. I don't think that is what we meant in the First Amendment by exercising religion, having the free exercise of religion under the First Amendment. So, I want to tell you, Senator Perry, that while I really respect you, I know you do have strong, strong religious tenets and you abide by your religious convictions, but your bill would allow people to discriminate. Plain and simple. Even if it's a defense, as you pointed out, that is being used, that defense is intended to excuse that person from discriminating against somebody based on their sincerely held religious beliefs. And so, as I said yesterday, I think this bill represents a slippery slope, Members, a slippery slope to where we may, based on all this legislation that I see here and in other states across the country, take us back to those days when people use religion to deny other people the same opportunities that we all want to have. So, for those reasons, Mr. President and Members, I'm opposed to this bill, and I think it's a mistake to pass this bill. Thank you.

President:  Thank you. Senator West.

Senator West:  Thank you very much. Members, I must stand up and speak against this bill even though I'm pretty certain it's going to pass, but I want to make certain that I'm on record as it relates to this bill. This bill is focused, frankly, on allowing people, and I'm not saying anything about my colleague Senator Perry, to allow persons to, frankly, discriminate against the LGBTQ community. That's what this is about. And each and every one of you have persons that fit that description in your senatorial district, and now you will be telling them by your vote today exactly what you think about their lifestyles, about them as a person, and allow persons to say that because of their religious beliefs that they can discriminate if they so choose against someone because of their sexual orientation. You will be on record for that, and if you think it's right, then go ahead and do it but also understand that those persons also have a right to vote, have a right to get services, because that's what we were talking about yesterday, render unto Ceasar that which is Ceasar's. And the fact is that, you know, I go to church. I'm not a religious scholar, but I want to remind you that how, quote, unquote, religious beliefs have been used. Think about Jeff Sessions. Most notorious and most recently, scripture was used by the former Attorney General of this country to defend a controversial policy that separated families. That's the most recent use of religion. Think about how it's been used in the past as articulated by my colleague Senator Rodríguez. Think about back in 1901, Georgia's Governor Candler defended unequal public schooling for African Americans on the grounds that God made them Negroes and we cannot by education make them white folks, based on religious grounds. I can go on and on, Members, about how this, how religious beliefs have been perverted by some people in this country, and I think this is a perversion right now. This is going be a seminal moment in the history of this state by saying that people can discriminate against someone because of their, because of their sexual orientation. I want you to remember, some of you have very red districts, that's fine, and in some of the best of our families we have persons that fit the description. But a question that I'd ask you to answer in voting for this bill, is whether you would want someone in your family to be discriminated against just because of their sexual orientation and use someone's religious belief in order to do that. Our history is replete with examples, Senator Perry, on the perverted use of religious belief in order to do damage to our fellowman, and I know that you're the type of person that would respect the rights and privileges of your fellowman. Thank you, excuse me, and also wo-man.

President:  Anyone else wish to speak? If not, we move final. Senator Lucio has asked for just a few seconds before he speaks. Members, while we're waiting for Senator Lucio, I'm going to go to Senator Perry for the motion on final passage, and I'll hold the vote. I'll make the motion and let him speak on his bill. Are you ready now, Senator Lucio? Okay, then we'll go back and do it in the right order. Senator Lucio, you're recognized.

Senator Lucio:  Thank you, Mr. President. Members, you've often heard me say that my decision making is based on my faith. But in that decision making, I have always tried my very best to be inclusive of whoever it is that we're trying to help and never in my heart have I tried to impact anyone in a negative way. I want to read, and I wanted to say before I read this quote from Cardinal Daniel DiNardo, Archbishop of Galveston and Houston, that once again, the reason we always state that this is the greatest country in the world because we have freedom of speech, we have freedom of religion. We're able to exercise those freedoms openly, and everyone has a place at the table, in my personal view. Cardinal Daniel DiNardo, Archbishop of Galveston, stated, quote, in recent years, people of faith have experienced pressing restrictions on religious freedom from both the federal government and state governments that receive federal funding. For example, in areas as diverse as adoption, education, health care and other social services, widely held moral and religious beliefs, especially regarding the protection of human life, as well as preserving marriage and family, have been maligned as bigotry or hostility and penalized accordingly. The disagreement on moral and religious issues is not discrimination, instead it is the inevitable and desirable fruit of a free, civil society marked by genuine religious diversity. I think we need to listen carefully to what the Cardinal is trying to communicate with us. I have always felt strongly that we on this floor can obviously express our views, and I have always turned to the greatest history book ever written by mankind and especially those that walk along, those that call themselves Christians, Jesus Christ and the lessons that He left us. I feel that this bill is a bill that we need to address at this particular time in the history of our country because if we don't, then we're going to continue to deteriorate as a nation, and the moral fiber of this nation will continue to deteriorate, and at one point in our history, it will be gone. I hope I'm not alive to see that happen. So, I wanted to just let you know that it doesn't take courage to support a bill that deals with the sanctity of life or this particular bill, when we stand up for people's rights to express their religious beliefs. It takes just, you know, a love of people to be able to do that. And I think that at this point you have shown great wisdom, Senator, I appreciate your demeanor, your approach, you know, to addressing an issue as important as this here, this session, so I support you fully. Thank you, Mr. President.

President:  Thank you, Senator Lucio. Senator Perry, you're recognized on a motion on final passage, and you have the floor to speak.

Senator Perry:  Thank you, Mr. President. Members, Committee Substitute Senate Bill 17 is everything I expected it to be and rightfully so, as far as debate goes. First of all, to be clear for the record, it does not encourage, nor does it invoke, nor can it, all of the protections that currently exist in our civil rights, and in the number of years that we've had in this country still exist. Any violation of those under SB 17 going forward would still be subject to the punishment and the penalties that exist today. What CSSB 17 does is gives a voice to those of faith, that currently is fading, is being silenced through state-sponsored discrimination policies in laws that we make. It's an attack on the very fiber of where we used to be as a country, where we had a moral absolute standard that we seemed to have tossed to the wind, as secular world becomes more and more active in making sure that those voices are silenced. These are not my rules that I live by, these are rules that I believe a sovereign creator gave us for the betterment of society, and the further we get between us and those rules, the more we as a society suffer. And we can see as a country where we started moving apart from those, and I will never, ever excuse the abuse in the name of religion from history or going forward. Nobody on this floor will. If I could remove evil from humanity with a law today, we'd all make that and go home and call it good, but that's always going to be a part of our discussion in anything we deal with. But to remove one of those voices that seeks to be good, truthful, honest, balanced, and based on a moral standard granted by our sovereign creator that never changes, to silence that voice, we will not recognize this country for what we used to know it as and, nor will we be able to live in it. Committee Substitute Senate Bill 17 protects the people in this country to have a livelihood that possibly could be state sponsored. You know we can have a disagreement whether we should have all these licenses to begin with, but when we do, we should not intimidate, coerce, forbid, silence, or prevent people from living their faith, and that's what Committee Substitute Senate Bill 17 does.

On motion of Senator Nelson and by unanimous consent, Senate Rule 7.12(a) was suspended and the committee report for CSHB 1 was ordered not printed.

On motion of Senator Creighton, Senate Rule 7.07(b) was suspended for SB 2506.

On motion of Senator Menéndez, Senate Rule 7.07(b) was suspended for SB 2515.

The Motions In Writing were read and prevailed without objection.

On motion of Senator Hancock and by unanimous consent, Senate Rule 11.13 was suspended to grant the Committee on Business and Commerce permission to meet while the Senate was meeting tomorrow.

On motion of Senator Hancock 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 and consider the following bills tomorrow:

SB 1852, SB 1853.

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

On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Criminal Justice might meet and consider the following bills today:

SB 719, SB 1154, SB 1248, SB 1259, SB 1397, SB 1702, SB 1820, SB 2100, SJR 32.

On motion of Senator Whitmire and by unanimous consent, the Senate at 2:25 p.m. agreed to adjourn, in memory of Ida Rivera Gomez, upon completion of the introduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

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

SB 2506 by Creighton

Relating to the powers and authorities of municipal utility districts.

To Committee on Intergovernmental Relations.

SB 2508 by Kolkhorst

Relating to the board of directors and powers and duties of the Harris County Municipal Utility District No. 436; providing authority to issue bonds; providing authority to impose fees and taxes.

To Committee on Intergovernmental Relations.

SB 2509 by Kolkhorst

Relating to the creation of the Fort Bend County Municipal Utility District No. 240; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2510 by Kolkhorst

Relating to the creation of the Harris County Municipal Utility District No. 570; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2511 by Kolkhorst

Relating to the powers and duties of the Harris County Municipal Utility District No. 478; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2512 by Kolkhorst

Relating to the creation of the Fort Bend County Municipal Utility District No. 229; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2513 by Kolkhorst

Relating to the creation of the Fort Bend County Municipal Utility District No. 238; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2514 by Kolkhorst

Relating to the creation of the Fort Bend County Municipal Utility District No. 222; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2515 by Menéndez

Relating to prohibiting certain employment agreements relating to sexual harassment and to settlement agreements regarding a claim of sexual harassment.

To Committee on State Affairs.

SB 2516 by Nichols

Relating to the creation of the Montgomery County Municipal Utility District No. 179; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Intergovernmental Relations.

SB 2517 by Nichols

Relating to the conversion of the May Public Utility District to the Harris-Liberty Counties Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

To Committee on Intergovernmental Relations.

The following resolution received from the House was read first time and referred to the committee indicated:

HCR 42 to Committee on Administration.

On motion of Senator Huffman, Senators Alvarado and West will be shown as Co-authors of SB 21.

On motion of Senator Zaffirini, Senator Whitmire will be shown as Co-author of SB 38.

On motion of Senator Seliger, Senators Birdwell, Flores, Hughes, Johnson, Perry, and Watson will be shown as Co-authors of SB 213.

On motion of Senator Creighton, Senator Bettencourt will be shown as Co-author of SB 243.

On motion of Senator Miles, Senator Kolkhorst will be shown as Co-author of SB 285.

On motion of Senator Hancock, Senator Creighton will be shown as Co-author of SB 443.

On motion of Senator Zaffirini, Senator Lucio will be shown as Co-author of SB 522.

On motion of Senator Watson, Senator Lucio will be shown as Co-author of SB 586.

On motion of Senator Whitmire, Senator Johnson will be shown as Co-author of SB 628.

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

On motion of Senator Hughes, Senator Alvarado will be shown as Co-author of SB 976.

On motion of Senator Bettencourt, Senator Lucio will be shown as Co-author of SB 1230.

On motion of Senator Taylor, Senator Creighton will be shown as Co-author of SB 1322.

On motion of Senator Rodríguez, Senator Hinojosa will be shown as Co-author of SB 1416.

On motion of Senator Johnson, Senator Hinojosa will be shown as Co-author of SB 1458.

On motion of Senator Paxton, Senators Lucio, Taylor, and Whitmire will be shown as Co-authors of SB 1494.

On motion of Senator Watson, Senator Kolkhorst will be shown as Co-author of SB 1947.

On motion of Senator Powell, Senator Hinojosa will be shown as Co-author of SB 2297.

On motion of Senator Whitmire, Senator Johnson will be shown as Co-author of SJR 37.

On motion of Senator Taylor, Senator Creighton will be shown as Co-author of SJR 49.

The following resolutions were adopted by the Senate:

SR 538 by Hughes, In memory of Doyce Lee Maywald.

SR 537 by Nichols, Recognizing the Shelbyville High School boys' basketball team for winning a state championship.

SR 539 by Watson, Commending Marshall Haynes for achieving the rank of Eagle Scout.

Pursuant to a previously adopted motion, the Senate at 2:30 p.m. adjourned, in memory of Ida Rivera Gomez, until 11:00 a.m. tomorrow.

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

VETERAN AFFAIRS AND BORDER SECURITY — CSSB 1557

HEALTH AND HUMAN SERVICES — CSSCR 21, SB 436, SB 1636

INTERGOVERNMENTAL RELATIONS — CSSB 1751, SB 1720, SB 1582, CSSB 1510, SB 1480, SB 1142, SB 1060, SB 893, CSSB 855, SB 849, SB 422, CSSB 254, CSSB 86

BUSINESS AND COMMERCE — CSSB 1232

FINANCE — CSHB 1

EDUCATION — SB 926, SB 2432, SB 424

INTERGOVERNMENTAL RELATIONS — CSSB 1545

STATE AFFAIRS — CSSB 1887, SB 658, CSSB 1575, CSSB 19, CSSB 29, CSSB 1640, SJR 27, SB 31

FINANCE — SB 1571, SB 1891

SB 22, SB 193, SB 201, SB 1041, SB 2191

SR 530, SR 532, SR 533, SR 535