FORTIETH DAY
(Wednesday, April 17, 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 John Free, Currey Creek Church, Boerne, was introduced by Senator Campbell and offered the invocation as follows:
Heavenly Father, we bless You for being our creator, lawgiver, judge, and king. Lord, thank You for opening up the book of nature where we may read of Your great works. Thank You for giving us the fuller revelation of Your word where we read of what You require of us, what You have done for us, and what You have promised us in Christ. Thank You for these men and women who labor on behalf of our beloved state. Dear Lord, endow them with Your wisdom to legislate justly. Bless them with discernment to lead in righteousness. Guard their hearts and minds with Your truth. To You, the Father of all mercies, the God of all grace, the giver of all comfort, the protector of the redeemed, the one who has blessed us again and again, we thank You. Lord, give us ears that hear, eyes that see, a mind that comprehends, a heart that purposes to follow hard after You, hands that are open and willing to receive what You have for us today. I pray in the name of the Father, Jesus the son, and the holy spirit. 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 HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, April 17, 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 creation of the Texas Mental and Behavioral Health Research Institute.
Proposing a constitutional amendment authorizing the legislature to increase the maximum bond amount authorized for the Cancer Prevention and Research Institute of Texas.
Proposing a constitutional amendment permitting a person to hold more than one office as a municipal judge at the same time.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
BILL AND RESOLUTIONS SIGNED
The President announced the signing of the following enrolled bill and resolutions in the presence of the Senate after the caption had been read:
SB 743, HCR 9, HCR 141.
(Senator Hancock in Chair)
GUESTS PRESENTED
Senator Buckingham was recognized and introduced to the Senate a Texas Osteopathic Medical Association delegation.
The Senate welcomed its guests.
SENATE RESOLUTION 595
Senator Buckingham offered the following resolution:
WHEREAS, Coach Callan Nokes and the members of the Westlake High School boys' golf team have garnered well-deserved recognition for their outstanding success in recent years; and
WHEREAS, Ably guided by Coach Nokes since 2002, the Chaparrals have advanced to the University Interscholastic League Golf State Tournament 14 out of the last 16 years and have claimed a total of five team state championships during that period, including back-to-back crowns in 2017 and 2018; in fact, Westlake has won more state titles and invitational tournaments than any other school in 6A history; and
WHEREAS, The 2018 team included an exceptional lineup of golfers; both Matthew Denton and Thomas Bockholt were juniors on last year's squad, and both were also members of the title-winning Westlake contingent in 2017; Mr. Denton earned third and second place, respectively, in the individual state standings the past two years and will compete for Texas A&M following his high school graduation, while Mr. Bockholt will play for Rice University; junior Jackson Davenport finished in the top six individually at the 2018 state meet and has verbally committed to West Virginia University, and sophomore J. Holland Humphries is presently the No. 8 player in the United States in the Rolex American Junior Golf Association Rankings; the final member of the 2018 Chaparrals was Reid Davenport, who now plays for Vanderbilt University; and
WHEREAS, Highly respected by his peers, Coach Nokes has received a number of prestigious awards, including selection as the Texas State Coach of the Year and the Southwest United States Regional Coach of the Year by the National Federation of State High School Associations; moreover, the Texas High School Coaches Association honored him in 2013 for compiling 500 victory points, and he reached that milestone in just 11 seasons, setting the fastest pace among his 6A peers; and
WHEREAS, Through hard work and an unwavering commitment to excellence, the members of the Westlake High boys' golf team have built their school into a true powerhouse in the sport, and they may indeed take justifiable pride in their legacy of excellence; now, therefore, be it
RESOLVED, That the Senate of the 86th Texas Legislature hereby commend Coach Callan Nokes and the Westlake High School boys' golf team on their exemplary achievements and extend to all those associated with the program sincere best wishes for success during the 2019 season and beyond; and, be it further
RESOLVED, That an official copy of this resolution be prepared for the Chaparrals as an expression of high regard by the Texas Senate.
BUCKINGHAM
WATSON
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Buckingham was recognized and introduced to the Senate the Westlake High School state champion boys' golf team including Thomas Bockholt, Matthew Denton, Jackson Davenport, and J. Holland Humphries, accompanied by Head Coach Callan Nokes.
The Senate welcomed its guests.
(President in Chair)
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.
There was no objection.
CONCLUSION OF MORNING CALL
The President at 11:31 a.m. announced the conclusion of morning call.
COMMITTEE SUBSTITUTE
SENATE BILL 1140 ON SECOND READING
Senator Watson moved to suspend the regular order of business to take up for consideration CSSB 1140 at this time on its second reading:
CSSB 1140, Relating to an independent medical review of certain determinations by the Health and Human Services Commission or a Medicaid managed care organization.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Watson offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1140 (senate committee report) as follows:
(1) In SECTION 1 of the bill, strike added Section 533.00715(b), Government Code (page 1, lines 34-39) and substitute the following:
(b) The commission, using money appropriated for the purpose, shall contract with at least three independent, third-party arbiters to resolve an appeal of:
(1) a Medicaid managed care organization adverse benefit determination made on the basis of medical necessity;
(2) a denial by the commission of eligibility for a Medicaid program on the basis of the recipient's or applicant's medical and functional needs; and
(3) an action, as defined by 42 C.F.R. Section 431.201, by the commission based on the recipient's medical and functional needs.
(2) In SECTION 1 of the bill, in added Section 533.00715, Government Code (page 1, between lines 39 and 40), insert the following appropriately lettered subsection and reletter subsections of that section and any cross-references to those subsections accordingly:
( ) An appeal described by Subsection (b)(1) occurs after the Medicaid managed care organization internal appeal decision is issued and before the Medicaid fair hearing, and the appeal is granted when a recipient contests the internal appeal decision. An appeal described by Subsection (b)(2) or (3) occurs after the commission's denial is issued or action is taken and before the Medicaid fair hearing.
(3) In SECTION 1 of the bill, in added Section 533.00715(c), Government Code (page 1, line 45), between "necessary." and "The", insert "The third-party arbiter shall conduct the appeal within a period specified by the commission.".
The amendment to CSSB 1140 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 1140 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Schwertner.
COMMITTEE SUBSTITUTE
SENATE BILL 1140 ON THIRD READING
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 CSSB 1140 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 29 ON THIRD READING
Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 29 at this time on its third reading and final passage:
CSSB 29, Relating to the use by a political subdivision of money for lobbying and certain other activities.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Schwertner, Taylor, Whitmire.
Nays: Alvarado, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, Rodríguez, Seliger, Watson, West, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 18, Nays 13.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Schwertner, Taylor.
Nays: Alvarado, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, Rodríguez, Seliger, Watson, West, Whitmire, Zaffirini.
PHYSICIAN OF THE DAY
Senator Fallon was recognized and presented Dr. Katarina Lindley of Brock as the Physician of the Day.
The Senate welcomed Dr. Lindley and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
COMMITTEE SUBSTITUTE
SENATE BILL 24 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration CSSB 24 at this time on its second reading:
CSSB 24, Relating to the provision of informational materials and certain other information to a pregnant woman before an abortion.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor, Zaffirini.
Nays: Alvarado, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire.
The bill was read second time and was passed to engrossment by the following vote: Yeas 22, Nays 9. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 54 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 54 at this time on its second reading:
CSSB 54, Relating to a study regarding the appropriate methods and standards to evaluate certain students participating in regional day school programs for the deaf.
The bill was read second time.
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 54 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. IMPLEMENTATION. The Texas Education Agency is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the Texas Education Agency may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
The amendment to CSSB 54 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 54 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 54 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 CSSB 54 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 1283 ON SECOND READING
On motion of Senator Miles and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1283 at this time on its second reading:
CSSB 1283, Relating to the availability under Medicaid of certain drugs used to treat human immunodeficiency virus or prevent acquired immune deficiency syndrome.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 1283 ON THIRD READING
Senator Miles moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1283 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 1376 ON SECOND READING
Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 1376 at this time on its second reading:
CSSB 1376, Relating to eliminating certain requirements imposed on school districts and other educational entities.
The motion prevailed.
Senator Lucio asked to be recorded as "Present-not voting" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Present-not voting: Lucio.
COMMITTEE SUBSTITUTE
SENATE BILL 1376 ON THIRD READING
Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1376 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.
Present-not voting: Lucio.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)
(President Pro Tempore Watson in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 129 ON SECOND READING
Senator Hinojosa moved to suspend the regular order of business to take up for consideration CSSB 129 at this time on its second reading:
CSSB 129, Relating to eligibility for the exemption from ad valorem taxation of the residence homestead of the surviving spouse of certain first responders.
The motion prevailed.
Senators Hall and Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Hall, Hughes.
COMMITTEE SUBSTITUTE
SENATE BILL 129 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 129 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Hall, Hughes.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
SENATE BILL 799 ON SECOND READING
On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration SB 799 at this time on its second reading:
SB 799, Relating to the creation of a business advisory council to provide advice on economic recovery following a disaster.
The bill was read second time.
Senator Hall offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 799 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, in added Section 418.054(g)(1), Government Code (page 1, line 48), between "disaster;" and "and", insert the following:
(2) advise the division on the state resources and services needed to assist businesses in recovering from a catastrophic loss of electric power;
(2) In SECTION 1 of the bill, in added Section 418.054(g), Government Code (page 1, line 49), strike "(2)" and substitute "(3)".
The amendment to SB 799 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.
SB 799 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 799 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 799 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 322 ON SECOND READING
On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 322 at this time on its second reading:
CSSB 322, Relating to the evaluation and reporting of investment practices and performance of certain public retirement systems.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 322 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 322 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 466 ON SECOND READING
Senator Fallon moved to suspend the regular order of business to take up for consideration SB 466 at this time on its second reading:
SB 466, Relating to the eligibility of persons finally convicted of a felony to run for certain public offices.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Lucio, Menéndez, Nelson, Nichols, Paxton, Schwertner, Seliger, Taylor, Zaffirini.
Nays: Alvarado, Buckingham, Johnson, Kolkhorst, Miles, Perry, Powell, Rodríguez, Watson, West, Whitmire.
The bill was read second time.
Senator Fallon offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 466 (Senate committee printing) in SECTION 1 of the bill, by striking amended Section 141.001(a)(4) and inserting a new Section 141.001(a)(4-1) as follows:
(4-1) Notwithstanding subsection (4)(a), a person is not eligible to be a candidate for, or elected or appointed to, a public elective office of this state if the person has previously been convicted of an offense under Title 5, Penal Code.
The amendment to SB 466 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.
SB 466 as amended was passed to engrossment by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Lucio, Menéndez, Nelson, Nichols, Paxton, Schwertner, Seliger, Taylor, Zaffirini.
Nays: Alvarado, Buckingham, Johnson, Kolkhorst, Miles, Perry, Powell, Rodríguez, Watson, West, Whitmire.
COMMITTEE SUBSTITUTE
SENATE BILL 2180 ON SECOND READING
On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2180 at this time on its second reading:
CSSB 2180, Relating to the essential knowledge and skills of the technology applications curriculum and the establishment of a computer science strategic advisory committee to increase computer science instruction and participation in public schools.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 2180 ON THIRD READING
Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2180 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 2018 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2018 at this time on its second reading:
CSSB 2018, Relating to abolishing a dissolution committee established to abolish certain county boards of education or boards of county school trustees and appointing commissioners courts to assume the duties of the dissolution committee.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 2018 ON THIRD READING
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 CSSB 2018 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 2244 ON SECOND READING
Senator Paxton moved to suspend the regular order of business to take up for consideration SB 2244 at this time on its second reading:
SB 2244, Relating to the state virtual school network and a study on digital learning.
The motion prevailed.
Senators Johnson, Menéndez, Nichols, Powell, Rodríguez, and Watson asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 2244 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION ____. The Texas Education Agency is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the agency may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
The amendment to SB 2244 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.
SB 2244 as amended was passed to engrossment by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Miles, Nelson, Paxton, Perry, Schwertner, Seliger, Taylor, West, Whitmire, Zaffirini.
Nays: Johnson, Menéndez, Nichols, Powell, Rodríguez, Watson.
SENATE BILL 2244 ON THIRD READING
Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2244 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Miles, Nelson, Paxton, Perry, Schwertner, Seliger, Taylor, West, Whitmire, Zaffirini.
Nays: Johnson, Menéndez, Nichols, Powell, Rodríguez, Watson.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 205 ON THIRD READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 205 at this time on its third reading and final passage:
CSSB 205, Relating to the use of information from the lists of noncitizens and nonresidents excused or disqualified from jury service.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.
Nays: Alvarado, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, Rodríguez, 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)
COMMITTEE SUBSTITUTE
SENATE BILL 811 ON THIRD READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 811 at this time on its third reading and final passage:
CSSB 811, Relating to immunity from liability of public and private schools and security personnel employed by those schools for certain actions of security personnel.
The motion prevailed by the following vote: Yeas 21, Nays 10.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.
Nays: Alvarado, Johnson, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
SENATE BILL 851 ON THIRD READING
Senator Perry moved to suspend the regular order of business to take up for consideration SB 851 at this time on its third reading and final passage:
SB 851, Relating to the award of attorney's fees and other costs in certain proceedings involving a groundwater conservation district.
The motion prevailed by the following vote: Yeas 21, Nays 10.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor, West, Whitmire.
Nays: Alvarado, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Powell, Rodríguez, Watson, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1414 ON SECOND READING
Senator Hancock moved to suspend the regular order of business to take up for consideration CSSB 1414 at this time on its second reading:
CSSB 1414, Relating to fees regarding a residential tenant's failure to timely pay rent.
The motion prevailed.
Senators Miles, Watson, West, Whitmire, and Zaffirini asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Hancock offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1414 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. Section 92.019, Property Code, is amended by amending Subsections (a), (b), and (c) and adding Subsection (a-1) to read as follows:
(a) A landlord may not collect from [charge] a tenant a late fee for failing to pay any portion of the tenant's rent unless:
(1) notice of the fee is included in a written lease;
(2) the fee is [a] reasonable [estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent]; and
(3) any portion of the tenant's rent has remained unpaid two [one] full days [day] after the date the rent was originally due.
(a-1) For purposes of this section, a late fee is considered reasonable if:
(1) the late fee is not more than:
(A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or
(B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or
(2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.
(b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section.
(c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected [charged] in violation of this section, and the tenant's reasonable attorney's fees.
SECTION 2. Subchapter A, Chapter 92, Property Code, is amended by adding Section 92.0191 to read as follows:
Sec. 92.0191. STATEMENT OF LATE FEES. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. The landlord may provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord.
SECTION 3. Section 92.019, Property Code, as amended by this Act, applies only to a late fee under a lease entered into or renewed on or after the effective date of this Act. A late fee under a lease entered into or renewed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.
The amendment to CSSB 1414 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 1414 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Miles, Watson, West, Whitmire, Zaffirini.
COMMITTEE SUBSTITUTE
SENATE BILL 1414 ON THIRD READING
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 1414 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, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor.
Nays: Miles, Watson, West, Whitmire, Zaffirini.
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 895 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 895 at this time on its second reading:
CSSB 895, Relating to the language acquisition of children eight years of age or younger who are deaf or hard of hearing.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 895 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 CSSB 895 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 945 ON SECOND READING
Senator Watson moved to suspend the regular order of business to take up for consideration SB 945 at this time on its second reading:
SB 945, Relating to drug or alcohol overdose awareness and response training for residential advisors and officers of student organizations at public or private institutions of higher education.
The motion prevailed.
Senator Kolkhorst asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Kolkhorst.
SENATE BILL 945 ON THIRD READING
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 945 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
SENATE BILL 751 ON SECOND READING
On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration SB 751 at this time on its second reading:
SB 751, Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election.
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 751 ON THIRD READING
Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 751 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 170 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 170 at this time on its second reading:
CSSB 170, Relating to reimbursement of rural hospitals 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.
COMMITTEE SUBSTITUTE
SENATE BILL 170 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 170 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 Flores in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1367 ON SECOND READING
On motion of Senator Buckingham and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1367 at this time on its second reading:
CSSB 1367, Relating to use of project funds of municipal development districts.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 1367 ON THIRD READING
Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1367 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 706 ON SECOND READING
Senator Watson moved to suspend the regular order of business to take up for consideration CSSB 706 at this time on its second reading:
CSSB 706, Relating to an investigation unit within the Health and Human Services Commission for certain illegally operating child-care facilities.
The motion prevailed.
Senators Hall, Hughes, and Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Hall, Hughes, Schwertner.
COMMITTEE SUBSTITUTE
SENATE BILL 706 ON THIRD READING
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 CSSB 706 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, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 346 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSB 346 at this time on its second reading:
CSSB 346, Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.
The motion prevailed.
Senator Kolkhorst asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Kolkhorst.
COMMITTEE SUBSTITUTE
SENATE BILL 346 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 CSSB 346 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
SENATE BILL 1680 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for consideration SB 1680 at this time on its second reading:
SB 1680, Relating to the approval of certain private or independent institutions of higher education to participate in the tuition equalization grant program.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Schwertner.
SENATE BILL 1680 ON THIRD READING
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 1680 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
SENATE BILL 645 ON SECOND READING
Senator Birdwell moved to suspend the regular order of business to take up for consideration SB 645 at this time on its second reading:
SB 645, Relating to restrictions on holders of package store permits.
The motion prevailed.
Senators Lucio, Menéndez, Perry, and Watson asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Lucio, Menéndez, Perry, Watson.
SENATE BILL 645 ON THIRD READING
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 645 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Miles, Nelson, Nichols, Paxton, Powell, Rodríguez, Schwertner, Seliger, Taylor, West, Whitmire, Zaffirini.
Nays: Lucio, Menéndez, Perry, Watson.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1207 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 1207 at this time on its second reading:
CSSB 1207, Relating to the coordination of private health benefits with Medicaid benefits.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Schwertner.
COMMITTEE SUBSTITUTE
SENATE BILL 1207 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1207 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 493 ON SECOND READING
Senator Alvarado moved to suspend the regular order of business to take up for consideration CSSB 493 at this time on its second reading:
CSSB 493, Relating to the allocation of housing tax credits to developments within proximate geographical areas.
The motion prevailed.
Senator Birdwell asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Birdwell.
COMMITTEE SUBSTITUTE
SENATE BILL 493 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 493 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Birdwell.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
(President in Chair)
SENATE BILL 903 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration SB 903 at this time on its second reading:
SB 903, Relating to the integrity of elections in this state; imposing a civil penalty; increasing a criminal penalty.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.
Nays: Alvarado, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 19, Nays 12. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2486 ON THIRD READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 2486 at this time on its third reading and final passage:
CSSB 2486, Relating to a prohibition against certain local regulation of the scheduling and overtime compensation practices of private employers.
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 third time and was passed by the following vote: Yeas 20, Nays 11. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2488 ON THIRD READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 2488 at this time on its third reading and final passage:
CSSB 2488, Relating to the authority of a political subdivision to adopt or enforce certain regulations regarding whether a private employer may obtain, consider, or take employment action based on an employment applicant's or employee's criminal history record information.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.
Nays: Alvarado, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, Rodríguez, 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)
COMMITTEE SUBSTITUTE
SENATE BILL 1569 ON SECOND READING
Senator Fallon moved to suspend the regular order of business to take up for consideration CSSB 1569 at this time on its second reading:
CSSB 1569, Relating to the use of public money and resources by employees of an independent school district to distribute a communication that advocates for or opposes a political measure, candidate, or party; creating a criminal offense.
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 second time.
Senator Lucio offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1569 (senate committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.138 to read as follows:
Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding any other law, the governing body or a member of the governing body of an open-enrollment charter school or an employee or contractor of an open-enrollment charter school may not use state or local funds or other resources of the school to electioneer for or against any candidate, measure, or political party.
SECTION ____. The heading to Section 255.003, Election Code, is amended to read as follows:
Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES.
(2) In SECTION 3 of the bill, strike added Section 255.003(a-1), Election Code (page 1, lines 54-57), and substitute the following:
(a-1) An officer, employee, or contractor of an independent school district or open-enrollment charter school may not use or authorize the use of public funds or resources to:
(1) distribute a communication in any form advocating for or opposing any candidate, measure, or political party; or
(2) facilitate any activity by a student or other person for advocacy communications to an elected officer or employee of an elected officer for or against a matter for which the officer may vote or take an official action.
(3) In SECTION 3 of the bill, in added Section 255.003(a-2)(1)(A), Election Code (page 2, line 3), strike "(a-1)" and substitute "(a-1)(1)".
(4) In SECTION 3 of the bill, in added Section 255.003(a-2)(1)(A), Election Code (page 2, line 6), between "district" and the underlined semicolon, insert "or open-enrollment charter school".
(5) In SECTION 3 of the bill, in added Section 255.003(a-2)(1)(B), Election Code (page 2, line 8), between "contractor" and "to", insert "of an independent school district or open-enrollment charter school".
(6) In SECTION 3 of the bill, in added Section 255.003(a-2)(1)(B), Election Code (page 2, line 10), strike "(a-1)" and substitute "(a-1)(1)".
(7) In SECTION 3 of the bill, in added Section 255.003(a-2)(2), Election Code (page 2, line 12), between "district" and "property", insert "or open-enrollment charter school".
(8) In SECTION 3 of the bill, in added Section 255.003(a-2)(2), Election Code (page 2, line 16), strike "(a-1)" and substitute "(a-1)(1)".
The amendment to CSSB 1569 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 Fallon temporarily withdrew further consideration of CSSB 1569.
Question: Shall CSSB 1569 as amended be passed to engrossment?
REMARKS ORDERED PRINTED
On motion of Senator Miles and by unanimous consent, his remarks with Senator Fallon regarding CSSB 1569 were ordered reduced to writing and printed in the Senate Journal as follows:
President: Senator Miles, for what purpose?
Senator Miles: Thank you, Mr. President. A question and point of clarification to the author.
President: Do you yield?
Senator Fallon: Absolutely.
Senator Miles: Senator Fallon, I'm a little confused here, especially now that we've got Senator Lucio's amendment on. Could you clarify something for me?
Senator Fallon: I'll certainly try, Sir.
Senator Miles: If I am a contractor for a charter school or a public school district, I may be doing construction on another project, or I may be the insurance agent for that school district or the charter school, and I financially get involved in a bond election, or I support a group of people, write a check to them, people who may oppose or be against a bond election. With your bill passing with Senator Lucio's amendment, am I now in fear of breaking a law?
Senator Fallon: Excellent question. Thank you for asking it. Well, all we're talking about is, if a contractor happens to be on school property using the school's resources, not–
Senator Miles: So wait, repeat that for me again.
Senator Fallon: Yes, the contractor, okay, let's say they're on school grounds. We don't want them to use the school's resources, the school's e-mails, the school's Website, very unlikely that that would happen.
Senator Miles: Okay. So, stay with me, okay?
Senator Fallon: Yep.
Senator Miles: I'm doing work for the school district right now, while a bond is going on. I'm being paid by the school district to build a building, okay? My outside contracting company, I'm being paid by a school district to build a building. I use my funds to give to somebody in support or against a bond, am I now in violation of this bill?
Senator Fallon: Absolutely not. That's completely outside the scope.
Senator Miles: That's not your intent here?
Senator Fallon: Not at all. No.
Senator Miles: Okay, thank you, Mr. President.
Senator Fallon: Thank you, Senator.
President: Thank you, Senator Miles.
GUESTS PRESENTED
Senator Hancock was recognized and introduced to the Senate his parents, Barbara and Dean Hancock.
The Senate welcomed its guests.
(Senator Paxton in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1938 ON SECOND READING
On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1938 at this time on its second reading:
CSSB 1938, Relating to certificates of convenience and necessity for the construction of facilities for the transmission of electricity.
The bill was read second time.
Senator Hancock offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1938 (senate committee printing) in SECTION 4 of the bill, in added Section 37.056(i), Utilities Code (page 2, lines 37 and 38), by striking ", subject to any requirements adopted by the commission by rule".
The amendment to CSSB 1938 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 1938 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 1938 ON THIRD READING
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 1938 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 1117 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration CSSB 1117 at this time on its second reading:
CSSB 1117, Relating to the functions of certain urban land bank programs.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Buckingham, Campbell, Creighton, Fallon, Flores, Hancock, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Birdwell, Hall, Kolkhorst, Schwertner.
The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1117 ON THIRD READING
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 CSSB 1117 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Buckingham, Campbell, Creighton, Fallon, Flores, Hancock, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Birdwell, Hall, Kolkhorst, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 18 to Committee on Education.
HB 19 to Committee on Health and Human Services.
HB 25 to Committee on Health and Human Services.
HB 36 to Committee on Intergovernmental Relations.
HB 48 to Committee on Natural Resources and Economic Development.
HB 55 to Committee on Education.
HB 105 to Committee on Transportation.
HB 128 to Committee on Education.
HB 253 to Committee on Health and Human Services.
HB 294 to Committee on Intergovernmental Relations.
HB 306 to Committee on Veteran Affairs and Border Security.
HB 314 to Committee on Education.
HB 350 to Committee on Business and Commerce.
HB 381 to Committee on Criminal Justice.
HB 387 to Committee on Business and Commerce.
HB 392 to Committee on State Affairs.
HB 402 to Committee on Business and Commerce.
HB 410 to Committee on Health and Human Services.
HB 448 to Committee on Transportation.
HB 488 to Committee on Water and Rural Affairs.
HB 515 to Committee on Business and Commerce.
HB 541 to Committee on State Affairs.
HB 548 to Committee on Education.
HB 663 to Committee on Education.
HB 684 to Committee on Education.
HB 791 to Committee on Finance.
HB 799 to Committee on Transportation.
HB 852 to Committee on Intergovernmental Relations.
HB 892 to Committee on Intergovernmental Relations.
HB 929 to Committee on Veteran Affairs and Border Security.
HB 961 to Committee on Education.
HB 1000 to Committee on Business and Commerce.
HB 1060 to Committee on Property Tax.
HB 1070 to Committee on Health and Human Services.
HB 1142 to Committee on Intergovernmental Relations.
HB 1159 to Committee on State Affairs.
HB 1182 to Committee on Education.
HB 1300 to Committee on Water and Rural Affairs.
HB 1355 to Committee on Criminal Justice.
HB 1421 to Committee on State Affairs.
HB 1465 to Committee on Health and Human Services.
HB 1702 to Committee on Higher Education.
HB 1802 to Committee on Property Tax.
HB 1891 to Committee on Higher Education.
HB 1894 to Committee on Business and Commerce.
HB 1953 to Committee on Natural Resources and Economic Development.
HB 1995 to Committee on Water and Rural Affairs.
HB 2107 to Committee on Health and Human Services.
HB 2137 to Committee on State Affairs.
HB 2198 to Committee on Intergovernmental Relations.
HB 2218 to Committee on Water and Rural Affairs.
HB 2228 to Committee on Business and Commerce.
HB 2315 to Committee on Intergovernmental Relations.
HB 2320 to Committee on Business and Commerce.
HB 2325 to Committee on Business and Commerce.
HB 2329 to Committee on Intergovernmental Relations.
HB 2335 to Committee on Health and Human Services.
HB 2345 to Committee on Water and Rural Affairs.
HB 2634 to Committee on Intergovernmental Relations.
HB 2641 to Committee on Health and Human Services.
HB 2675 to Committee on Natural Resources and Economic Development.
HB 2684 to Committee on Finance.
HB 2699 to Committee on Health and Human Services.
HB 2755 to Committee on Intergovernmental Relations.
HB 2778 to Committee on Education.
HB 2790 to Committee on Business and Commerce.
HB 2888 to Committee on Administration.
HB 2952 to Committee on Business and Commerce.
HB 3022 to Committee on Intergovernmental Relations.
HB 3246 to Committee on Natural Resources and Economic Development.
HB 3366 to Committee on Water and Rural Affairs.
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.
Members, Board of Directors, Gulf Coast Authority: Lamont Edward Meaux, Chambers County; Kevin Michael Scott, Galveston County.
Members, Manufactured Housing Board: Sylvia Letitia Acuff-Guzman, Denton County; Ronald Maxie Richards, Galveston County; Keith C. Thompson, Lubbock County.
Members, Real Estate Research Advisory Committee: Troy C. Alley, Dallas County; Russell Lynn Cain, Calhoun County; Jingjing Clemence, Fort Bend County.
Member, State Soil and Water Conservation Board: Carl Ray Polk, Angelina County.
Member, Texas Higher Education Coordinating Board: Welcome Wade Wilson, Harris County.
Members, Texas Judicial Council: George Michael Bryant, Dallas County, Rachel Ann-Marie Racz, Harris County.
Members, Board of Regents, Texas State University System: Charles Epefeny Amato, Bexar County; Earl C. Austin, Harris County; Dionicio Flores, El Paso County; Veronica Rose Harle, Callahan County; William Fred Scott, Jefferson County.
Members, Board of Regents, Texas Tech University System: Marcus Ray Griffin, Lubbock County; Dustin R. Womble, Lubbock County.
Members, Board of Directors, Texas Underground Facility Notification Corporation: Joseph Wayne Costa, Dallas County; William Ogden Geise, Travis County; Marcela Navarrete, El Paso County; Christopher Scott Nowak, Harris County; Manish Seth, Fort Bend County; George Spencer, Travis County; Lester Lee Stephens, Comal County; Richard David Tesson, Harris County.
Members, Board of Regents, The University of Texas System: Christina Melton Crain, Dallas County; Jodie Lee Jiles, Harris County; Kelcy Lee Warren, Dallas County.
SENATE BILL 500 WITH HOUSE AMENDMENTS
Senator Nelson called SB 500 from the President's table for consideration of the House amendments to the bill.
The President laid the bill and the House amendments before the Senate.
Amendment
Amend SB 500 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and reductions in appropriations and giving direction, including direction regarding reimbursement, and adjustment authority regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. APPROPRIATION REDUCTION: PUBLIC FINANCE AUTHORITY. The unencumbered appropriations from the general revenue fund to the Public Finance Authority made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for bond debt service payments, including appropriations subject to Rider 3, page I-48, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to the bill pattern of the appropriations to the authority, are reduced by a total aggregate of $35,078,954. The authority shall identify the strategies and objectives to which the reduction is to be allocated and the amount of the reduction for each of those strategies and objectives.
SECTION 2. APPROPRIATION REDUCTION: FACILITIES COMMISSION. The unencumbered appropriations from the general revenue fund to the Facilities Commission made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for lease payments are reduced by $17,589,128. The commission shall identify the strategies and objectives to which the reduction is to be allocated and the amount of the reduction for each of those strategies and objectives.
SECTION 3. APPROPRIATION REDUCTION: TEXAS EDUCATION AGENCY; SUM-CERTAIN APPROPRIATION FOR FOUNDATION SCHOOL PROGRAM. (a) The unencumbered appropriations from the Foundation School Fund, general revenue account number 0193, to the Texas Education Agency made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for Strategy A.1.1., FSP - Equalized Operations, as listed in that Act, are reduced by $643,300,000.
(b) Notwithstanding Rider 3, page III-5, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to the bill pattern of the appropriations to the Texas Education Agency, the sum-certain appropriation to the Foundation School Program for the state fiscal year ending August 31, 2019, is $21,919,735,602.
SECTION 4. APPROPRIATION REDUCTION: HEALTH AND HUMAN SERVICES COMMISSION. The unencumbered appropriations from the economic stabilization fund to the Health and Human Services Commission made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for Strategy G.4.2., Facility Capital Repairs and Renovations, as listed in that Act, and subject to Rider 221(b), page II-111, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to the bill pattern of the appropriations to the commission, are reduced by $2,000,000.
SECTION 5. APPROPRIATION REDUCTION: GENERAL LAND OFFICE. The unencumbered appropriations from the general revenue fund to the General Land Office made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for Strategy D.1.1., Rebuild Housing, as listed in that Act, are reduced by $48,600,000.
SECTION 6. LIBRARY AND ARCHIVES COMMISSION: ADDITIONAL APPROPRIATIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $4,400,000 is appropriated from the general revenue fund to the Library and Archives Commission for the two-year period beginning on the effective date of this Act for renovating the Promontory Point Drive facility in the City of Austin, Texas, for the storage of public records.
SECTION 7. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT: VISITING JUDGES PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $400,000 is appropriated from the general revenue fund to the Judiciary Section, Comptroller's Department, for the state fiscal year ending August 31, 2019, for visiting judge assignments to fill district court vacancies under Strategy A.1.2., Visiting Judges - Regions, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 8. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT: LONGEVITY PAY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $546,589 is appropriated from the general revenue fund to the Judiciary Section, Comptroller's Department, for the state fiscal year ending August 31, 2019, for reimbursing counties for longevity pay made to eligible assistant district attorneys under Strategy D.1.1., Assistant Prosecutor Longevity Pay, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 9. COMPTROLLER OF PUBLIC ACCOUNTS: TEXAS TOMORROW FUND. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the amount necessary to fund the prepaid higher education tuition program described by Section 19, Article VII, Texas Constitution, for the two-year period beginning on the effective date of this Act (estimated to be $210,981,159) is appropriated from the economic stabilization fund to the comptroller of public accounts for that period for the purpose of immediately depositing that amount in the Texas tomorrow fund created under that section.
SECTION 10. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE GOVERNOR: ARMY FUTURES COMMAND. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $50,000,000 is appropriated from the economic stabilization fund to the Trusteed Programs within the Office of the Governor for the two-year period beginning on the effective date of this Act for engaging this state's public institutions of higher education with private sector industries to establish and equip a proving ground site and to commercialize and manufacture critical emerging technologies for infrastructure networks, public safety, and national defense under Strategy C.1.1., Create Jobs and Promote Texas, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 11. HEALTH AND HUMAN SERVICES COMMISSION: REPLACEMENT OF MONEY TRANSFERRED TO ADDRESS NEEDS RESULTING FROM HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $110,000,000 is appropriated from the economic stabilization fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for Medicaid client services under Strategy A.1.5., Children, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to replace money transferred from that strategy to disaster assistance programs to address needs resulting from Hurricane Harvey.
SECTION 12. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID SHORTFALL. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $2,100,000,000 is appropriated from the general revenue fund, and $2,300,000,000 is appropriated from federal funds, to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for Medicaid client services under Goal A, Medicaid Client Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
(b) The Health and Human Services Commission shall transfer $5,500,000 of the money appropriated under Subsection (a) of this section from Goal A, Medicaid Client Services, to Strategy D.2.3., Community Mental Health Crisis Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
(c) Out of amounts appropriated under Subsection (a) of this section, the Health and Human Services Commission shall reserve an amount sufficient to reimburse providers for the cost of intensive behavioral intervention for persons under 20 years of age with autism spectrum disorder as a covered Early and Periodic Screening, Diagnostic, and Treatment Medicaid benefit, and may spend the reserved amount only for that purpose during the state fiscal year ending August 31, 2019.
SECTION 13. HEALTH AND HUMAN SERVICES COMMISSION: STATE HOSPITAL CONSTRUCTION. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $2,000,000 is appropriated from the economic stabilization fund to the Health and Human Services Commission for the two-year period beginning on the effective date of this Act for continuing improvements to state hospital facilities under Strategy G.4.2., Facility Capital Repairs and Renovations, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), as follows:
(1) $1,000,000 for preplanning activities related to construction of a new state hospital in the Panhandle region; and
(2) $1,000,000 for preplanning activities related to construction of a new state hospital in the Dallas area.
SECTION 14. HEALTH AND HUMAN SERVICES COMMISSION: CERTAIN TRANSFERS. From amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the Health and Human Services Commission shall transfer $6,154,893 from Goal A, Medicaid Client Services, to Strategy B.1.1., Medicaid Contracts and Administration, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use for contingency contracts.
SECTION 15. HEALTH AND HUMAN SERVICES COMMISSION: HEALTH INSURANCE PROVIDERS FEE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $63,832,747 is appropriated from the general revenue fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, to provide funding for the health insurance providers fee under Goal A, Medicaid Client Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 16. HEALTH AND HUMAN SERVICES COMMISSION: HEALTHY TEXAS WOMEN PROGRAM SHORTFALL. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $14,000,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for the Healthy Texas Women program under Strategy D.1.1., Women's Health Program, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 17. HEALTH AND HUMAN SERVICES COMMISSION: MENTAL HEALTH STATE HOSPITALS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $37,500,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for mental health state hospital services under Strategy G.2.1., Mental Health State Hospitals, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 18. HEALTH AND HUMAN SERVICES COMMISSION: EARLY CHILDHOOD INTERVENTION. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $3,500,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for early childhood intervention under Strategy D.1.3., Early Childhood Intervention Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 19. HEALTH AND HUMAN SERVICES COMMISSION: STATE SUPPORTED LIVING CENTERS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $7,200,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the state fiscal year ending August 31, 2019, for state supported living centers under Strategy G.1.1., State Supported Living Centers, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 20. HEALTH AND HUMAN SERVICES COMMISSION: RATE INCREASE FOR CHILDREN'S HOSPITALS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $100,000,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the two-year period beginning on the effective date of this Act for a rate increase for children's hospitals under Strategy A.1.5., Children, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 21. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: FOSTER CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $83,542,916 is appropriated from the general revenue fund to the Department of Family and Protective Services for the state fiscal year ending August 31, 2019, for foster care payments under Strategy B.1.9., Foster Care Payments, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 22. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: RELATIVE CAREGIVER PAYMENTS. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $6,833,593 is appropriated from the general revenue fund to the Department of Family and Protective Services for the state fiscal year ending August 31, 2019, for relative caregiver payments under Strategy B.1.11., Relative Caregiver Payments, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
(b) The unencumbered appropriations from federal Temporary Assistance for Needy Families (TANF) funds to the Department of Family and Protective Services made by Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for use during the state fiscal biennium ending August 31, 2019, for relative caregiver payments under Strategy B.1.11., Relative Caregiver Payments, as listed in that Act, are reduced by $8,481,040.
SECTION 23. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: DAY CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $23,060,052 is appropriated from federal Child Care and Development Block Grant funds to the Department of Family and Protective Services for the state fiscal year ending August 31, 2019, for day care payments under Strategy B.1.3., TWC Contracted Day Care, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 24. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: TEMPORARY EMERGENCY FOSTER CARE PLACEMENTS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, and in addition to other amounts appropriated by this Act, $2,068,053 is appropriated from the general revenue fund, and $218,512 is appropriated from federal funds, to the Department of Family and Protective Services for the state fiscal year ending August 31, 2019, for temporary emergency foster care placements under Strategy B.1.9., Foster Care Payments, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 25. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: REGION 3B COMMUNITY-BASED CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $8,852,050 is appropriated from the general revenue fund to the Department of Family and Protective Services for the state fiscal year ending August 31, 2019, for community-based care in Region 3B under Strategy B.1.1., CPS Direct Delivery Staff, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 26. DEPARTMENT OF STATE HEALTH SERVICES: X-ALD. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $7,927,458 is appropriated from the general revenue fund to the Department of State Health Services for the two-year period beginning on the effective date of this Act for screening newborns for X-linked adrenoleukodystrophy (X-ALD) under Strategy A.4.1., Laboratory Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 27. DEPARTMENT OF STATE HEALTH SERVICES: TRAUMA CAPACITY AND RESPONSE INFRASTRUCTURE. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $30,000,000 is appropriated from the economic stabilization fund to the Department of State Health Services for the two-year period beginning on the effective date of this Act for increasing trauma capacity and improving related trauma response infrastructure under Strategy B.2.1., EMS and Trauma Care Systems, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
(b) Of the amount appropriated under Subsection (a) of this section, $5,000,000 may be used only to provide funding in accordance with Section 780.004, Health and Safety Code, to trauma service area regional advisory councils for improving emergency management services.
(c) Of the amount appropriated under Subsection (a) of this section, $25,000,000 may be used only to provide funding in accordance with Section 780.004, Health and Safety Code, to hospitals that demonstrate the ability to efficiently and effectively increase trauma capacity and improve related trauma response infrastructure. The Department of State Health Services shall allocate:
(1) at least 35 percent of that amount to provide funding to hospitals in the Rio Grande Valley, prioritizing, to the extent consistent with general law, primary teaching hospitals in that region with a general surgery program;
(2) not more than 35 percent of that amount to provide funding to hospitals located in a region directly affected by Hurricane Harvey; and
(3) not more than 30 percent of that amount to hospitals located in a region not described by Subdivision (1) or (2) of this subsection, prioritizing, to the extent consistent with general law, hospitals located in rural areas.
(d) Any funding provided to an entity under Subsection (b) or (c) of this section that is not spent for the purpose for which the funding was provided must be returned to the state.
(e) The unexpended balance of money allocated as provided by Subsection (b) or (c) of this section as of August 31, 2020, is appropriated to the Department of State Health Services for the state fiscal year ending August 31, 2021, for the purpose for which it was allocated.
SECTION 28. TEXAS EDUCATION AGENCY: POST-DISASTER SCHOOL SAFETY. (a) Contingent on legislation of the 86th Legislature, Regular Session, 2019, authorizing the Texas Education Agency to reimburse school districts for post-disaster recovery becoming law, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $10,930,000 is appropriated from the economic stabilization fund to the Texas Education Agency for the two-year period beginning on the effective date of this Act to reimburse eligible school districts for post-disaster recovery.
(b) The Texas Education Agency shall allocate the amount appropriated under Subsection (a) of this section to school districts that:
(1) are recovering from a school shooting that occurred during the state fiscal biennium ending August 31, 2019; and
(2) for the 2017-2018 school year, had a student enrollment of fewer than 4,800.
(c) The Texas Education Agency may provide a school district with funding appropriated under Subsection (a) of this section only for uses relating to necessary and appropriate post-disaster recovery approved by the agency in accordance with procedures adopted under general law.
SECTION 29. TEXAS EDUCATION AGENCY: ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL PILOT PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $37,657 is appropriated from the general revenue fund to the Texas Education Agency for the state fiscal year ending August 31, 2019, for the adult high school diploma and industry certification charter school pilot program under Section 29.259, Education Code, under Strategy A.2.1., Statewide Educational Programs, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 30. TEXAS EDUCATION AGENCY: EXPENSES RELATED TO HURRICANE HARVEY. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the following amounts are appropriated from the economic stabilization fund to the Texas Education Agency for the state fiscal year ending August 31, 2019, for Strategy A.1.1., FSP - Equalized Operations, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for the following purposes related to increased state costs under the Foundation School Program resulting from Hurricane Harvey:
(1) $271,300,000 for:
(A) increased student costs;
(B) the reduction in school district property values; and
(C) the reduction of the amount owed by school districts under Chapter 41, Education Code, due to disaster remediation costs as provided by Section 41.0931, Education Code; and
(2) $634,200,000 for the adjustment of school district property values under Section 42.2523, Education Code, and reimbursement to school districts for disaster remediation costs under Section 42.2524, Education Code.
(b) In addition to other amounts appropriated for the state fiscal year ending August 31, 2020, $636,000,000 is appropriated from the economic stabilization fund to the Texas Education Agency for that state fiscal year for the increased state costs under the Foundation School Program resulting from the reduction in school district property values associated with Hurricane Harvey.
SECTION 31. KILGORE COLLEGE: HIGHER EDUCATION GROUP INSURANCE CONTRIBUTIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,238,238 is appropriated from the general revenue fund to Kilgore College for the state fiscal year ending August 31, 2019, to provide for state contributions for health benefits.
SECTION 32. TEXAS STATE TECHNICAL COLLEGE SYSTEM ADMINISTRATION: FACILITY ABATEMENT AND DEMOLITION. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $29,644,640 is appropriated from the economic stabilization fund to the Texas State Technical College System Administration for the two-year period beginning on the effective date of this Act for the abatement and demolition of certain facilities on the system's Waco campus.
SECTION 33. HIGHER EDUCATION COORDINATING BOARD: TEXAS RESEARCH INCENTIVE PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $182,549,388 is appropriated from the economic stabilization fund to the Higher Education Coordinating Board for the two-year period beginning on the effective date of this Act for the Texas Research Incentive Program (TRIP) under Strategy I.1.1., Texas Research Incentive Program, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 34. UNIVERSITY OF HOUSTON: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $20,288,883 is appropriated from the economic stabilization fund to the University of Houston for the two-year period beginning on the effective date of this Act for expenses related to Hurricane Harvey.
SECTION 35. UNIVERSITY OF HOUSTON - DOWNTOWN: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $4,000,000 is appropriated from the economic stabilization fund to the University of Houston - Downtown for the two-year period beginning on the effective date of this Act for expenses related to Hurricane Harvey.
SECTION 36. UNIVERSITY OF HOUSTON - VICTORIA: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,703,828 is appropriated from the economic stabilization fund to the University of Houston - Victoria for the two-year period beginning on the effective date of this Act for expenses related to Hurricane Harvey.
SECTION 37. UNIVERSITY OF HOUSTON - CLEAR LAKE: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $83,668 is appropriated from the economic stabilization fund to the University of Houston - Clear Lake for the two-year period beginning on the effective date of this Act for expenses related to Hurricane Harvey.
SECTION 38. LONE STAR COLLEGE SYSTEM: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $13,100,000 is appropriated from the economic stabilization fund to the Lone Star College System for the two-year period beginning on the effective date of this Act for expenses related to Hurricane Harvey.
SECTION 39. LAMAR UNIVERSITY: PROPERTY DAMAGE RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,418,585 is appropriated from the economic stabilization fund to Lamar University for the two-year period beginning on the effective date of this Act for property damage related to Hurricane Harvey.
SECTION 40. LAMAR INSTITUTE OF TECHNOLOGY: PROPERTY DAMAGE RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,312,657 is appropriated from the economic stabilization fund to Lamar Institute of Technology for the two-year period beginning on the effective date of this Act for property damage related to Hurricane Harvey.
SECTION 41. LAMAR STATE COLLEGE - PORT ARTHUR: PROPERTY DAMAGE RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $6,319,458 is appropriated from the economic stabilization fund to Lamar State College - Port Arthur for the two-year period beginning on the effective date of this Act for property damage related to Hurricane Harvey.
SECTION 42. LAMAR STATE COLLEGE - ORANGE: PROPERTY DAMAGE RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $406,112 is appropriated from the economic stabilization fund to Lamar State College - Orange for the two-year period beginning on the effective date of this Act for property damage related to Hurricane Harvey.
SECTION 43. TEXAS A&M FOREST SERVICE: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $2,458,239.76 is appropriated from the economic stabilization fund to the Texas A&M Forest Service for the state fiscal year ending August 31, 2019, for expenses related to Hurricane Harvey.
SECTION 44. TEXAS A&M FOREST SERVICE: WILDFIRES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $54,909,580.30 is appropriated from the economic stabilization fund to the Texas A&M Forest Service for the state fiscal year ending August 31, 2019, for expenses related to wildfires.
SECTION 45. UNIVERSITY OF TEXAS AT AUSTIN: MARINE SCIENCE INSTITUTE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $10,200,000 is appropriated from the economic stabilization fund to The University of Texas at Austin for the two-year period beginning on the effective date of this Act for storm damage prevention and compliance and the mitigation of damages related to Hurricane Harvey under Strategy C.2.1., Marine Science Institute, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 46. TEXAS SOUTHERN UNIVERSITY: THERMAL PLANT AND STEAM TUNNEL MAINTENANCE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $16,000,000 is appropriated from the economic stabilization fund to Texas Southern University for the two-year period beginning on the effective date of this Act for the maintenance of the university's central thermal plant and site/steam tunnels.
SECTION 47. DEPARTMENT OF CRIMINAL JUSTICE: REPLACEMENT OF MONEY TRANSFERRED TO ADDRESS NEEDS RESULTING FROM HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $38,600,000 is appropriated from the economic stabilization fund to the Department of Criminal Justice for the state fiscal year ending August 31, 2019, for agency operations expenses under Strategy C.1.1., Correctional Security Operations, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to replace money transferred from that strategy to disaster assistance programs to address needs resulting from Hurricane Harvey.
SECTION 48. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL MANAGED HEALTH CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $160,000,000 is appropriated from the general revenue fund to the Department of Criminal Justice for the state fiscal year ending August 31, 2019, for correctional managed health care under Strategy C.1.9., Hospital and Clinical Care, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 49. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL OFFICER OVERTIME. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $30,000,000 is appropriated from the general revenue fund to the Department of Criminal Justice for the state fiscal year ending August 31, 2019, for correctional officer overtime under Strategy C.1.1., Correctional Security Operations, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 50. DEPARTMENT OF PUBLIC SAFETY: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the following amounts are appropriated from the economic stabilization fund to the Department of Public Safety for the state fiscal year ending August 31, 2019, for the following strategies as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for agency operations expenses related to Hurricane Harvey:
(1) $34,954,409 for Strategy A.1.1., Organized Crime;
(2) $60,000,000 for Strategy C.1.1., Traffic Enforcement; and
(3) $2,000,000 for Strategy G.1.3., Information Technology.
SECTION 51. DEPARTMENT OF PUBLIC SAFETY: CRIME LABORATORIES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $5,770,426 is appropriated from the general revenue fund to the Department of Public Safety for the state fiscal year ending August 31, 2019, for crime laboratory operations under Strategy E.1.1., Crime Laboratory Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 52. TEXAS DIVISION OF EMERGENCY MANAGEMENT IN DEPARTMENT OF PUBLIC SAFETY: MATCHING FUNDS FOR FEMA HAZARD MITIGATION GRANT PROGRAM. (a) Contingent on legislation of the 86th Legislature, Regular Session, 2019, authorizing the establishment of a zero or low-interest disaster recovery loan program administered by the Texas Division of Emergency Management in the Department of Public Safety becoming law, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $273,000,000 is appropriated from the economic stabilization fund to the division for the two-year period beginning on the effective date of this Act for the purpose of providing matching funds for projects sponsored by eligible political subdivisions of this state and approved for the Hazard Mitigation Grant program administered by the Federal Emergency Management Agency.
(b) To the extent consistent with general law, the Texas Division of Emergency Management in the Department of Public Safety may provide the money appropriated under Subsection (a) of this section to a political subdivision described by that subsection only if the political subdivision has first applied any available federal Community Development Block Grant funds for disaster relief toward the total amount of matching funds required under the Hazard Mitigation Grant program administered by the Federal Emergency Management Agency.
SECTION 53. TEXAS DIVISION OF EMERGENCY MANAGEMENT IN DEPARTMENT OF PUBLIC SAFETY: MATCHING FUNDS FOR FEMA PUBLIC ASSISTANCE GRANT PROGRAM. Contingent on legislation of the 86th Legislature, Regular Session, 2019, authorizing the establishment of a zero or low-interest disaster recovery loan program administered by the Texas Division of Emergency Management in the Department of Public Safety that requires eligible political subdivisions of this state to first demonstrate that all means of reimbursement from the federal government and from insurance have been exhausted and that provides for criteria to be established for the demonstration of the need for financial assistance becoming law, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $400,000,000 is appropriated from the economic stabilization fund to the division for the two-year period beginning on the effective date of this Act for the purpose of providing matching funds for projects sponsored by eligible political subdivisions of this state and approved for the Public Assistance grant program administered by the Federal Emergency Management Agency.
SECTION 54. GENERAL LAND OFFICE: EXPENSES RELATED TO HURRICANE HARVEY. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the following amounts are appropriated from the economic stabilization fund to the General Land Office for the state fiscal year ending August 31, 2019, for the following strategies as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to remove vessels and repair or replace structures or equipment damaged by Hurricane Harvey:
(1) $696,921 for Strategy A.2.1., Asset Management;
(2) $20,459,797 for Strategy B.1.1., Coastal Management;
(3) $430,000 for Strategy B.1.2., Coastal Erosion Control Grants; and
(4) $2,047,454 for Strategy B.2.1., Oil Spill Response.
(b) Contingent on the nonrenewal by the effective date of this Act of federal grant funding awarded by the Federal Emergency Management Agency for the building of emergency short-term housing, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $4,217,510 is appropriated from the economic stabilization fund to the General Land Office for the state fiscal year ending August 31, 2019, for full-time equivalent employees (FTEs) assigned to build emergency short-term housing related to Hurricane Harvey under Strategy D.1.1., Rebuild Housing, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 55. GENERAL LAND OFFICE: ABANDONED VESSEL REMOVAL. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $2,000,000 is appropriated from the Coastal Protection Account, general revenue dedicated account number 27, to the General Land Office for the state fiscal year ending August 31, 2019, for the removal of vessels abandoned as a result of Hurricane Harvey.
SECTION 56. GENERAL LAND OFFICE: MATCHING FUNDS FOR U.S. ARMY CORPS OF ENGINEERS PROGRAMS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $200,000,000 is appropriated from the economic stabilization fund to the General Land Office for the two-year period beginning on the effective date of this Act to provide state matching funds to meet federal requirements for studies and projects planned to be conducted in the state by the United States Army Corps of Engineers.
SECTION 57. COMMISSION ON ENVIRONMENTAL QUALITY: EXPEDITED PROCESSING OF PERMIT APPLICATIONS. Notwithstanding Rider 29, page VI-24, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to the bill pattern of the appropriations to the Commission on Environmental Quality, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, the commission is appropriated for the state fiscal year ending August 31, 2019, all fee revenues collected from expedited permit review surcharges assessed under Section 382.05155, Health and Safety Code, and deposited to the Clean Air Account No. 151 in excess of the estimated amount of those revenues in the comptroller's biennial revenue estimate for the state fiscal biennium ending August 31, 2019, for costs incurred to support the expedited processing of permit applications.
SECTION 58. COMMISSION ON ENVIRONMENTAL QUALITY: LITIGATION EXPENSES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,400,000 is appropriated from the general revenue fund to the Commission on Environmental Quality for the state fiscal year ending August 31, 2019, for litigation expenses under Strategy E.1.4., Rio Grande River Compact, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 59. COMMISSION ON ENVIRONMENTAL QUALITY: CAPITAL EXPENDITURES. (a) Notwithstanding Rider 2, page VI-18, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to the bill pattern of the appropriations to the Commission on Environmental Quality, the total amount that the commission may spend for capital budget items for the state fiscal year ending August 31, 2019, is increased by $1,700,000 for security upgrades and replacing carpet.
(b) Notwithstanding Section 14.03, Limitation on Expenditures - Capital Budget, Article IX, Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), the Commission on Environmental Quality may transfer capital budget item appropriations as necessary to make the security upgrades and replace carpet as authorized under Subsection (a) of this section.
SECTION 60. PARKS AND WILDLIFE DEPARTMENT: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $17,000,000 is appropriated from the economic stabilization fund to the Parks and Wildlife Department for the two-year period beginning on the effective date of this Act for Strategy D.1.1., Improvements and Major Repairs, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to repair structures or equipment damaged by Hurricane Harvey.
SECTION 61. PARKS AND WILDLIFE DEPARTMENT: WYLER AERIAL TRAMWAY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $15,000,000 is appropriated from the economic stabilization fund to the Parks and Wildlife Department for the two-year period beginning on the effective date of this Act for overhaul and necessary construction related to the Wyler Aerial Tramway and the related tramway system under Strategy D.1.1., Improvements and Major Repairs, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 62. DEPARTMENT OF TRANSPORTATION: TRANSPORTATION INFRASTRUCTURE FUND. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $250,000,000 is appropriated from the economic stabilization fund to the Department of Transportation for the two-year period beginning on the effective date of this Act for Strategy A.1.8., Construction Grants and Services, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), to provide grants for transportation infrastructure projects under Subchapter C, Chapter 256, Transportation Code.
SECTION 63. TEXAS WORKFORCE COMMISSION: EXPENSES RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $8,931,385 is appropriated from the economic stabilization fund to the Texas Workforce Commission for the state fiscal year ending August 31, 2019, for Strategy A.2.1., Vocational Rehabilitation, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act), for vocational rehabilitation services expenses related to Hurricane Harvey.
SECTION 64. BOARD OF PHARMACY: PRESCRIPTION MONITORING PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $6,099,312 is appropriated from the general revenue fund to the Board of Pharmacy for the two-year period beginning on the effective date of this Act for statewide integration of and upgrades to the prescription monitoring program database under Strategy B.1.1., Enforcement, as listed in Chapter 605 (S.B. 1), Acts of the 85th Legislature, Regular Session, 2017 (the General Appropriations Act).
SECTION 65. TEACHER RETIREMENT SYSTEM: ADDITIONAL PAYMENT. Contingent on compliance with the requirements regarding the amortization period of the unfunded actuarial liabilities of the Teacher Retirement System under Section 821.006, Government Code, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $658,210,000 is appropriated from the economic stabilization fund to the Teacher Retirement System for the state fiscal biennium ending August 31, 2021, for the purpose of providing a one-time additional payment to certain annuitants.
SECTION 66. TEACHER RETIREMENT SYSTEM: STATE CONTRIBUTION. Contingent on House Bill No. 9 or similar legislation of the 86th Legislature, Regular Session, 2019, relating to the contributions and benefits under the Teacher Retirement System becoming law, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $684,000,000 is appropriated from the general revenue fund to the Teacher Retirement System for the state fiscal biennium ending August 31, 2021, for the purpose of immediately depositing that amount as a state contribution in the Teacher Retirement System Trust Account number 0960.
SECTION 67. EMPLOYEES RETIREMENT SYSTEM: STATE CONTRIBUTION. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $148,725,414 is appropriated from the general revenue fund to the Employees Retirement System for the state fiscal biennium ending August 31, 2021, for the purpose of immediately depositing that amount as a state contribution in the State Employee Retirement System Trust Account number 0955.
SECTION 68. REIMBURSEMENT TO ECONOMIC STABILIZATION FUND. If any state agency or public institution of higher education receives reimbursement from the federal government, an insurer, or another source for an expenditure paid from money appropriated by this Act:
(1) the agency or institution shall reimburse the state in an amount equal to the lesser of the amount appropriated under this Act and spent for that expenditure or the amount reimbursed by the other source for that expenditure; and
(2) the comptroller of public accounts shall deposit the amount of the reimbursement to the credit of the economic stabilization fund.
SECTION 69. EFFECTIVE DATE. (a) Subject to Subsection (b) of this section, this Act takes effect immediately.
(b) Sections 9, 10, 11, 13, 27, 28, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 52, 53, 54, 56, 60, 61, 62, 63, and 65 of this Act take effect only if this Act receives a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.
Floor Amendment No. 2
Amend CSSB 500 (house committee printing) as follows:
(1) In SECTION 33 of the bill (page 16, line 7), strike "$182,549,388" and substitute "$169,821,613".
(2) Following SECTION 67 of the bill (page 29, between lines 8 and 9), insert the following SECTIONS:
SECTION 67A. ALVIN COMMUNITY COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,298,129 is appropriated from the economic stabilization fund to Alvin Community College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67B. BRAZOSPORT COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $530,848 is appropriated from the economic stabilization fund to Brazosport College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67C. COASTAL BEND COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $3,088,847 is appropriated from the economic stabilization fund to Coastal Bend College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67D. DEL MAR COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $97,508 is appropriated from the economic stabilization fund to Del Mar College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67E. HOUSTON COMMUNITY COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $4,556,994 is appropriated from the economic stabilization fund to Houston Community College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67F. LONE STAR COLLEGE SYSTEM: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,870,204 is appropriated from the economic stabilization fund to the Lone Star College System for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67G. VICTORIA COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $1,177,767 is appropriated from the economic stabilization fund to Victoria College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
SECTION 67H. WHARTON COUNTY JUNIOR COLLEGE: LOST FUNDING RELATED TO HURRICANE HARVEY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2019, $107,478 is appropriated from the economic stabilization fund to Wharton County Junior College for the two-year period beginning on the effective date of this Act to replace lost contact hour funding and tuition and fees related to Hurricane Harvey.
(3) In SECTION 69 of the bill, in Subsection (b) (page 29, line 25), strike "and 65" and substitute "65, 67A, 67B, 67C, 67D, 67E, 67F, 67G, and 67H".
Floor Amendment No. 3
Amend CSSB 500 (house committee printing) as follows:
On page 22, line 22, between "PROGRAM." and "Contingent", insert "(1)".
On page 23, between lines 11 and 12, insert the following new subsection:
(2) Out of funds appropriated in Subsection (1), $30 million is dedicated to the Texas Water Development Board to provide a grant to Harris County for the purchase and operation of equipment to remove accumulated siltation and sediment deposits located at the confluence of the San Jacinto River and Lake Houston.
The amendments were read.
Senator Nelson moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The President asked if there were any motions to instruct the conference committee on SB 500 before appointment.
There were no motions offered.
The President announced the appointment of the following conferees on the part of the Senate: Senators Nelson, Chair; Huffman, Kolkhorst, Taylor, and Hinojosa.
CONFERENCE COMMITTEE ON HOUSE BILL 1
Senator Nelson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 1 and moved that the request be granted.
The motion prevailed without objection.
The President asked if there were any motions to instruct the conference committee on HB 1 before appointment.
There were no motions offered.
Accordingly, the President announced the appointment of the following conferees on the part of the Senate: Senators Nelson, Chair; Huffman, Kolkhorst, Taylor, and Nichols.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)
Senator Hughes submitted the following Motion In Writing:
Mr. President:
I move to suspend Senate Rule 11.13 to permit committees to meet during consideration of the Local and Uncontested Calendar.
HUGHES
The Motion In Writing was read and prevailed without objection.
COMMITTEE SUBSTITUTE
SENATE BILL 1569 ON SECOND READING
The President laid before the Senate CSSB 1569 by Senator Fallon on its second reading. The bill had been read second time, amended, and further consideration temporarily postponed:
CSSB 1569, Relating to the use of public money and resources by employees of an independent school district to distribute a communication that advocates for or opposes a political measure, candidate, or party; creating a criminal offense.
Question: Shall CSSB 1569 as amended be passed to engrossment?
Senator Fallon offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 1569 (Senate committee printing) by striking SECTION 4 of the bill and substituting the following:
SECTION 4. Section 255.003 is amended by adding subsection (a-3) as follows:
(3) A person's presence on school district property outside of work hours while engaged in activities described by this section or Section 11.69 does not constitute the expenditure of public funds for the purpose of this section or Section 11.169.
The amendment to CSSB 1569 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.
CSSB 1569 as amended was passed to engrossment by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Taylor, West.
Nays: Alvarado, Menéndez, Miles, Powell, Rodríguez, Seliger, Watson, Whitmire, Zaffirini.
HOUSE BILL 435 REREFERRED
(Motion In Writing)
Senator Zaffirini submitted a Motion In Writing requesting that HB 435 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Administration.
The Motion In Writing was read and prevailed without objection.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.13 was suspended to grant the Committee on Water and Rural Affairs permission to meet while the Senate was meeting today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Water and Rural Affairs might meet and consider the following bills and resolution today:
SB 2452, SJR 79, SB 641, SB 2332, SB 2026, SB 2126.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Birdwell and by unanimous consent, Senate Rule 11.13 was suspended to grant the Committee on Natural Resources and Economic Development permission to meet while the Senate was meeting today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Birdwell and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Natural Resources and Economic Development might meet and consider the following bills today: SB 2354, SB 1055, CSSB 2070, CSSB 132.
COMMITTEE SUBSTITUTE
SENATE BILL 1569 ON THIRD READING
Senator Fallon moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1569 be placed on its third reading and final passage:
CSSB 1569, Relating to the use of public money and resources by employees of an independent school district to distribute a communication that advocates for or opposes a political measure, candidate, or party; creating a criminal offense.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Rodríguez, Schwertner, Taylor, Watson, West.
Nays: Menéndez, Miles, Powell, Seliger, Whitmire, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Taylor, West.
Nays: Alvarado, Menéndez, Miles, Powell, Rodríguez, Seliger, Watson, Whitmire, Zaffirini.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.13 was suspended to grant the Committee on Property Tax permission to meet while the Senate was meeting 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 today.
RECESS AND MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 2:38 p.m. agreed to recess until 2:55 p.m. today for the Local and Uncontested Calendar Session.
The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. Tuesday, April 23, 2019.
AFTER RECESS
The Senate met at 2:59 p.m. and was called to order by Senator Fallon.
SESSION HELD FOR
LOCAL AND UNCONTESTED CALENDAR
The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar.
Pursuant to Senate Rule 9.03(d), the following bills and resolutions were laid before the Senate in the order listed, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on passage to engrossment or third reading, suspension of the Constitutional Three-day Rule, and final passage are indicated after each caption. All Members are deemed to have voted "Yea" on viva voce votes unless otherwise indicated.
CSHB 61 (Nichols)
Relating to highway maintenance or construction vehicles, certain service vehicles, and escort flag vehicles, including the use of certain lighting equipment on those vehicles.
(viva voce vote) (31-0) (31-0)
HB 540 (Paxton)
Relating to the designation of U.S. Highway 75 in Richardson as the Officer David Sherrard Memorial Highway.
(viva voce vote) (31-0) (31-0)
SCR 7 (Seliger)
Designating the second Saturday of September as Quanah Parker Day for a 10-year period beginning in 2019.
(31-0)
SCR 18 (Campbell)
Designating Kyle as the official Pie Capital of Texas for a 10-year period beginning in 2019.
(31-0)
CSSCR 21 (Kolkhorst)
Approving the settlement agreement between the State of Texas and the U.S. Department of Health and Human Services, Office for Civil Rights.
(31-0)
CSSB 42 (Zaffirini)
Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan; providing licensing and registration requirements; authorizing an administrative penalty.
(viva voce vote) (31-0) (31-0)
CSSB 46 (Zaffirini)
Relating to the prohibition against sexual harassment in the workplace.
(viva voce vote) (31-0) (31-0)
CSSB 69 (Nelson)
Relating to the allocations of money for transfer to the state highway fund and the economic stabilization fund and the investment of money in the economic stabilization fund.
(viva voce vote) (31-0) (31-0)
SB 251 (Bettencourt)
Relating to courses offered jointly by public junior colleges and independent school districts.
(viva voce vote) (31-0) (31-0)
CSSB 281 (Zaffirini)
Relating to the use of certain language regarding a person who is deaf or hard of hearing in statutes or resolutions.
(viva voce vote) (31-0) (31-0)
SB 320 (Flores)
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
(viva voce vote) (27-4) "Nays" Bettencourt, Hall, Hancock, Kolkhorst (27-4) "Nays" Bettencourt, Hall, Hancock, Kolkhorst
SB 335 (West)
Relating to community land trusts.
(viva voce vote) (29-2) "Nays" Hall, Hughes (29-2) "Nays" Hall, Hughes
SB 370 (Watson)
Relating to employment protections for jury service.
(viva voce vote) (31-0) (31-0)
SB 430 (Lucio)
Relating to designating June 13 as Blue Tie Day.
(viva voce vote) (31-0) (31-0)
SB 440 (Hughes)
Relating to a suit against The University of Texas at Tyler.
(viva voce vote) (31-0) (31-0)
CSSB 442 (Hancock)
Relating to a disclosure regarding flood coverage under a commercial or residential property insurance policy.
(viva voce vote) (31-0) (31-0)
CSSB 483 (Campbell)
Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer.
(viva voce vote) (31-0) (31-0)
CSSB 494 (Huffman)
Relating to certain procedures applicable to meetings under the open meetings law and the disclosure of public information under the public information law in the event of an emergency, urgent public necessity, or catastrophic event.
(viva voce vote) (31-0) (31-0)
SB 520 (Campbell)
Relating to the storage and recovery of water in a portion of the Edwards Aquifer.
(viva voce vote) (31-0) (31-0)
CSSB 544 (Watson)
Relating to the administration of federal funds under the Cranston-Gonzalez National Affordable Housing Act.
(viva voce vote) (31-0) (31-0)
SB 579 (Hughes)
Relating to the exemption from ad valorem taxation of certain property owned by the TexAmericas Center.
(viva voce vote) (31-0) (31-0)
SB 741 (Hughes)
Relating to restrictive covenants regarding firearms or firearm ammunition.
(viva voce vote) (31-0) (31-0)
CSSB 753 (Huffman)
Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program.
(viva voce vote) (30-1) "Nay" Kolkhorst (30-1) "Nay" Kolkhorst
SB 822 (Nelson)
Relating to the administration of a grant program to support community mental health programs for veterans and their families.
(viva voce vote) (31-0) (31-0)
CSSB 902 (Hughes)
Relating to public availability of election records; authorizing a fee.
(viva voce vote) (31-0) (31-0)
CSSB 932 (Hughes)
Relating to the regulation of certain direct sales of food to consumers and a limitation on the fee amount for certain permits.
(viva voce vote) (31-0) (31-0)
CSSB 969 (Hancock)
Relating to the operation of personal delivery and mobile carrying devices.
(viva voce vote) (31-0) (31-0)
SB 986 (Kolkhorst)
Relating to contract management standards and information for contracts related to emergency management.
(viva voce vote) (31-0) (31-0)
SB 1013 (Hughes)
Relating to the calculation of the penalty for filing a late application for certain ad valorem tax exemptions and allocations.
(viva voce vote) (31-0) (31-0)
CSSB 1067 (Nelson)
Relating to notice and approval of the assignment of vendor's rights under state agency contracts for services.
(viva voce vote) (31-0) (31-0)
CSSB 1210 (Hancock)
Relating to the removal of certain alcoholic beverages that become unfit for consumption after a natural disaster.
(viva voce vote) (31-0) (31-0)
CSSB 1229 (Bettencourt)
Relating to a county, city, or independent school district posting election results on an Internet website.
(viva voce vote) (31-0) (31-0)
CSSB 1257 (Huffman)
Relating to the investigation and prosecution of criminal offenses involving the trafficking of persons.
(viva voce vote) (28-3) "Nays" Hancock, Nichols, Watson (28-3) "Nays" Hancock, Nichols, Watson
SB 1270 (Watson)
Relating to the eligibility of certain exhibitions and festivals to receive funding through the Major Events Reimbursement Program.
(viva voce vote) (29-2) "Nays" Hall, Hughes (29-2) "Nays" Hall, Hughes
CSSB 1306 (Kolkhorst)
Relating to requiring a school district to post on the district's Internet website the contact information of the school administrator primarily responsible for student discipline at a district campus.
(viva voce vote) (31-0) (31-0)
CSSB 1307 (Taylor)
Relating to the use of hotel occupancy tax revenue by certain municipalities.
(viva voce vote) (28-3) "Nays" Bettencourt, Hall, Hughes (28-3) "Nays" Bettencourt, Hall, Hughes
SB 1319 (Birdwell)
Relating to an annual report submitted to the comptroller by a county that imposes certain hotel occupancy taxes.
(viva voce vote) (31-0) (31-0)
CSSB 1349 (Watson)
Relating to authorizing the sale of certain real property by the Texas Facilities Commission on behalf of the state.
(viva voce vote) (31-0) (31-0)
CSSB 1393 (Seliger)
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
(viva voce vote) (28-3) "Nays" Bettencourt, Hall, Hughes (28-3) "Nays" Bettencourt, Hall, Hughes
SB 1420 (Zaffirini)
Relating to recovery of the funds of an estate delivered to the comptroller.
(viva voce vote) (31-0) (31-0)
CSSB 1426 (Zaffirini)
Relating to the establishment by a county of public guardians for certain incapacitated persons and funding for guardianships by public guardians and related services.
(viva voce vote) (31-0) (31-0)
CSSB 1450 (Hancock)
Relating to the delivery of alcoholic beverages from certain premises to ultimate consumers; authorizing a fee; creating an offense.
(viva voce vote) (30-1) "Nay" Perry (30-1) "Nay" Perry
SB 1467 (Hughes)
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
(viva voce vote) (29-2) "Nays" Hall, Kolkhorst (29-2) "Nays" Hall, Kolkhorst
CSSB 1491 (Perry)
Relating to civil liability of a nursing facility resident's responsible payor for misappropriation of the resident's funds.
(viva voce vote) (31-0) (31-0)
CSSB 1532 (Hancock)
Relating to the licensing and regulation of certain occupations and activities; authorizing fees.
(viva voce vote) (31-0) (31-0)
CSSB 1577 (Alvarado)
Relating to a prohibition against the appropriation of money to settle or pay a sexual harassment claim made against certain members of the executive, legislative, or judicial branch of state government.
(viva voce vote) (31-0) (31-0)
SB 1597 (Hall)
Relating to awarding certain medals for military service performed individually or as part of a crew.
(viva voce vote) (31-0) (31-0)
SB 1598 (Hall)
Relating to hazardous duty pay for security officers employed by the Texas Military Department.
(viva voce vote) (31-0) (31-0)
CSSB 1638 (Zaffirini)
Relating to early voting procedures.
(viva voce vote) (31-0) (31-0)
CSSB 1679 (West)
Relating to eligibility of certain children for free prekindergarten programs in public schools.
(viva voce vote) (30-1) "Nay" Schwertner (30-1) "Nay" Schwertner
CSSB 1682 (Huffman)
Relating to establishing a contingency reserve account under the Texas Public School Employees Group Insurance Program.
(viva voce vote) (31-0) (31-0)
SB 1693 (Fallon)
Relating to designating November 7 as Victims of Communism Day.
(viva voce vote) (31-0) (31-0)
SB 1702 (Whitmire)
Relating to the powers and duties of the office of independent ombudsman for the Texas Juvenile Justice Department.
(viva voce vote) (31-0) (31-0)
CSSB 1707 (Lucio)
Relating to the duties of school district peace officers, school resource officers, and security personnel.
(viva voce vote) (31-0) (31-0)
CSSB 1774 (Bettencourt)
Relating to uncollectible fees and costs in criminal actions and proceedings.
(viva voce vote) (31-0) (31-0)
CSSB 1784 (Zaffirini)
Relating to the deduction from applied income of compensation paid to guardians of certain Medicaid recipients.
(viva voce vote) (31-0) (31-0)
CSSB 1801 (Huffman)
Relating to orders of nondisclosure for certain victims of trafficking of persons or compelling prostitution.
(viva voce vote) (31-0) (31-0)
SB 1802 (Huffman)
Relating to the prosecution of and punishment for certain trafficking and prostitution offenses and certain other consequences of those offenses; increasing criminal penalties.
(viva voce vote) (31-0) (31-0)
SB 1819 (Campbell)
Relating to designating May 8 as Military Spouse Appreciation Day.
(viva voce vote) (31-0) (31-0)
SB 1820 (Huffman)
Relating to the prosecution of the criminal offense of impersonating a public servant.
(viva voce vote) (31-0) (31-0)
CSSB 1850 (Rodríguez)
Relating to used and scrap tire handlers.
(viva voce vote) (26-5) "Nays" Campbell, Creighton, Hall, Hancock, Hughes (26-5) "Nays" Campbell, Creighton, Hall, Hancock, Hughes
SB 1852 (Paxton)
Relating to disclosures required in connection with the issuance of certain health benefit plans.
(viva voce vote) (31-0) (31-0)
SB 1861 (Menéndez)
Relating to certain public facilities financed, owned, and operated by a public facility corporation.
(viva voce vote) (31-0) (31-0)
CSSB 1941 (Hancock)
Relating to use of electric energy storage facilities in the ERCOT power region.
(viva voce vote) (31-0) (31-0)
SB 1950 (Seliger)
Relating to the Donley County Hospital District.
(viva voce vote) (31-0) (31-0)
CSSB 1975 (Zaffirini)
Relating to probate and guardianship matters and proceedings and other matters involving probate courts.
(viva voce vote) (31-0) (31-0)
SB 2024 (Buckingham)
Relating to the designation of a portion of Interstate Highway 35 as the Trooper Tom Nipper Memorial Highway.
(viva voce vote) (31-0) (31-0)
CSSB 2047 (Zaffirini)
Relating to pro bono legal services for veterans and service members.
(viva voce vote) (31-0) (31-0)
SB 2048 (Zaffirini)
Relating to the use of the fund for veterans' assistance to provide pro bono legal services to veterans and active duty service members.
(viva voce vote) (31-0) (31-0)
CSSB 2073 (Taylor)
Relating to a reduction in required days of service for educators in public schools under certain circumstances.
(viva voce vote) (31-0) (31-0)
CSSB 2100 (Birdwell)
Relating to the transfer of a retired law enforcement animal.
(viva voce vote) (31-0) (31-0)
CSSB 2104 (Zaffirini)
Relating to the creation of the Texas Veterans County Service Officer Task Force.
(viva voce vote) (31-0) (31-0)
CSSB 2128 (Creighton)
Relating to the recording by a county clerk of certain documents concerning real or personal property.
(viva voce vote) (31-0) (31-0)
SB 2140 (Hughes)
Relating to the amount of civil penalties the attorney general may seek to recover under the Deceptive Trade Practices-Consumer Protection Act.
(viva voce vote) (31-0) (31-0)
SB 2182 (Nelson)
Relating to the eligibility of certain events for funding under the Major Events Reimbursement Program.
(viva voce vote) (29-2) "Nays" Hughes, Kolkhorst (29-2) "Nays" Hughes, Kolkhorst
CSSB 2206 (Kolkhorst)
Relating to the availability of certain information regarding the members of the governing body of an independent school district or a public junior college district on the district's Internet website.
(viva voce vote) (31-0) (31-0)
SB 2208 (Nichols)
Relating to the use of hotel occupancy tax revenue by certain counties.
(viva voce vote) (28-3) "Nays" Bettencourt, Hall, Hughes (28-3) "Nays" Bettencourt, Hall, Hughes
SB 2299 (Powell)
Relating to the prosecution of the offense of operation of an unmanned aircraft over certain facilities.
(viva voce vote) (31-0) (31-0)
SB 2309 (Kolkhorst)
Relating to the transfer of jurisdiction over and management of the Star of the Republic Museum to the Texas Historical Commission.
(viva voce vote) (31-0) (31-0)
SB 2315 (Hinojosa)
Relating to the creation and operations of a health care provider participation program by the Nueces County Hospital District.
(viva voce vote) (31-0) (31-0)
SB 2317 (Campbell)
Relating to the liability for unpaid tuition and fees at a public institution of higher education due to a misclassification of certain military personnel and their dependents.
(viva voce vote) (31-0) (31-0)
CSSB 2330 (Creighton)
Relating to the temporary authority of certain individuals to engage in business as a residential mortgage loan originator.
(viva voce vote) (31-0) (31-0)
CSSB 2342 (Creighton)
Relating to the jurisdiction of, and practices and procedures in civil cases before, justice courts, county courts, statutory county courts, and district courts.
(viva voce vote) (28-3) "Nays" Hinojosa, Lucio, Watson (28-3) "Nays" Hinojosa, Lucio, Watson
CSSB 2390 (Powell)
Relating to the confidentiality of certain personal information of a person protected by a magistrate's order for emergency protection.
(viva voce vote) (31-0) (31-0)
SB 2410 (Menéndez)
Relating to the definition of a public entertainment facility for purposes of certain alcoholic beverage-related activities.
(viva voce vote) (30-1) "Nay" Perry (30-1) "Nay" Perry
CSSB 2448 (Perry)
Relating to the creation and operations of a health care provider participation program by the Lubbock County Hospital District of Lubbock County, Texas.
(viva voce vote) (31-0) (31-0)
BILLS REMOVED FROM
LOCAL AND UNCONTESTED CALENDAR
Senator Nelson and Senator Hughes requested in writing that SB 438 be removed from the Local and Uncontested Calendar.
Senator Hughes and Senator Kolkhorst requested in writing that SB 905 be removed from the Local and Uncontested Calendar.
Senator Fallon and Senator Hughes requested in writing that CSSB 1262 be removed from the Local and Uncontested Calendar.
Senator Schwertner and Senator Hughes requested in writing that CSSB 1719 be removed from the Local and Uncontested Calendar.
Senator Paxton and Senator Hughes requested in writing that SB 1853 be removed from the Local and Uncontested Calendar.
SESSION CONCLUDED FOR
LOCAL AND UNCONTESTED CALENDAR
Senator Fallon announced that the session to consider bills and resolutions placed on the Local and Uncontested Calendar was concluded.
AUTHOR WITHDRAWN
The following letter was received by the Secretary of the Senate:
THE SENATE OF THE STATE OF TEXAS
Senator Kelly Hancock
April 17, 2019
Mrs. Patsy Spaw
Secretary of the Senate
Room 2E.22, Texas State Capitol
Secretary Spaw,
Please accept this letter as a request to remove my name as a joint author to SB 5 by Senator Paul Bettencourt. Should you have any questions, please do not hesitate to call me or my Chief of Staff, Adam Leggett.
Sincerely,
/s/Kelly Hancock
State Senator, District 9
CO-AUTHORS OF SENATE BILL 25
On motion of Senator West, Senators Bettencourt, Lucio, and Powell will be shown as Co-authors of SB 25.
CO-AUTHOR OF SENATE BILL 29
On motion of Senator Hall, Senator Nelson will be shown as Co-author of SB 29.
CO-AUTHOR OF SENATE BILL 42
On motion of Senator Zaffirini, Senator Menéndez will be shown as Co-author of SB 42.
CO-AUTHOR OF SENATE BILL 54
On motion of Senator Zaffirini, Senator Lucio will be shown as Co-author of SB 54.
CO-AUTHOR OF SENATE BILL 129
On motion of Senator Hinojosa, Senator Lucio will be shown as Co-author of SB 129.
CO-AUTHOR OF SENATE BILL 170
On motion of Senator Perry, Senator Lucio will be shown as Co-author of SB 170.
CO-AUTHORS OF SENATE BILL 251
On motion of Senator Bettencourt, Senators Lucio and West will be shown as Co-authors of SB 251.
CO-AUTHOR OF SENATE BILL 322
On motion of Senator Huffman, Senator Creighton will be shown as Co-author of SB 322.
CO-AUTHORS OF SENATE BILL 442
On motion of Senator Hancock, Senators Zaffirini, Buckingham, and Watson will be shown as Co-authors of SB 442.
CO-AUTHOR OF SENATE BILL 494
On motion of Senator Huffman, Senator Zaffirini will be shown as Co-author of SB 494.
CO-AUTHOR OF SENATE BILL 581
On motion of Senator Perry, Senator Fallon will be shown as Co-author of SB 581.
CO-AUTHORS OF SENATE BILL 652
On motion of Senator Campbell, Senators Birdwell and Schwertner will be shown as Co-authors of SB 652.
CO-AUTHORS OF SENATE BILL 665
On motion of Senator Kolkhorst, Senators Creighton and Huffman will be shown as Co-authors of SB 665.
CO-AUTHOR OF SENATE BILL 751
On motion of Senator Hughes, Senator West will be shown as Co-author of SB 751.
CO-AUTHORS OF SENATE BILL 753
On motion of Senator Huffman, Senators Hinojosa, Paxton, Powell, and Zaffirini will be shown as Co-authors of SB 753.
CO-AUTHORS OF SENATE BILL 799
On motion of Senator Alvarado, Senators Creighton, Hall, and Taylor will be shown as Co-authors of SB 799.
CO-AUTHOR OF SENATE BILL 902
On motion of Senator Hughes, Senator Hall will be shown as Co-author of SB 902.
CO-AUTHORS OF SENATE BILL 903
On motion of Senator Hughes, Senators Creighton and Hall will be shown as Co-authors of SB 903.
CO-AUTHOR OF SENATE BILL 950
On motion of Senator Kolkhorst, Senator Powell will be shown as Co-author of SB 950.
CO-AUTHOR OF SENATE BILL 1123
On motion of Senator Lucio, Senator Hinojosa will be shown as Co-author of SB 1123.
CO-AUTHOR OF SENATE BILL 1124
On motion of Senator Lucio, Senator Hinojosa will be shown as Co-author of SB 1124.
CO-AUTHORS OF SENATE BILL 1140
On motion of Senator Watson, Senators Hinojosa and West will be shown as Co-authors of SB 1140.
CO-AUTHOR OF SENATE BILL 1156
On motion of Senator Zaffirini, Senator Powell will be shown as Co-author of SB 1156.
CO-AUTHOR OF SENATE BILL 1190
On motion of Senator Bettencourt, Senator Hall will be shown as Co-author of SB 1190.
CO-AUTHORS OF SENATE BILL 1207
On motion of Senator Perry, Senators Hinojosa and Lucio will be shown as Co-authors of SB 1207.
CO-AUTHORS OF SENATE BILL 1225
On motion of Senator Bettencourt, Senators Campbell and Hall will be shown as Co-authors of SB 1225.
CO-AUTHOR OF SENATE BILL 1257
On motion of Senator Huffman, Senator Creighton will be shown as Co-author of SB 1257.
CO-AUTHOR OF SENATE BILL 1283
On motion of Senator Miles, Senator Lucio will be shown as Co-author of SB 1283.
CO-AUTHOR OF SENATE BILL 1329
On motion of Senator Bettencourt, Senator Birdwell will be shown as Co-author of SB 1329.
CO-AUTHORS OF SENATE BILL 1504
On motion of Senator Zaffirini, Senators Hinojosa and Lucio will be shown as Co-authors of SB 1504.
CO-AUTHORS OF SENATE BILL 1577
On motion of Senator Alvarado, Senators Hall, Huffman, Lucio, Powell, Taylor, and Zaffirini will be shown as Co-authors of SB 1577.
CO-AUTHOR OF SENATE BILL 1682
On motion of Senator Huffman, Senator Lucio will be shown as Co-author of SB 1682.
CO-AUTHOR OF SENATE BILL 1742
On motion of Senator Menéndez, Senator Schwertner will be shown as Co-author of SB 1742.
CO-AUTHOR OF SENATE BILL 1913
On motion of Senator Johnson, Senator Fallon will be shown as Co-author of SB 1913.
CO-AUTHOR OF SENATE BILL 2047
On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SB 2047.
CO-AUTHOR OF SENATE BILL 2048
On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SB 2048.
CO-AUTHOR OF SENATE BILL 2050
On motion of Senator Schwertner, Senator Paxton will be shown as Co-author of SB 2050.
CO-AUTHOR OF SENATE BILL 2104
On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SB 2104.
CO-AUTHOR OF SENATE BILL 2180
On motion of Senator Nelson, Senator Hinojosa will be shown as Co-author of SB 2180.
CO-AUTHOR OF SENATE BILL 2299
On motion of Senator Powell, Senator Hall will be shown as Co-author of SB 2299.
CO-AUTHORS OF SENATE BILL 2353
On motion of Senator Hall, Senators Lucio and Zaffirini will be shown as Co-authors of SB 2353.
CO-AUTHOR OF SENATE BILL 2488
On motion of Senator Creighton, Senator Campbell will be shown as Co-author of SB 2488.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SR 600 by Watson, Lucio, Rodríguez, Taylor, and West, In memory of William C. Powers Jr.
SR 603 by Kolkhorst, In memory of Kelby Dawson Jasinski.
Congratulatory Resolutions
SR 596 by Buckingham, Recognizing Shine Team Realtors for being honored by Coldwell Banker United.
SR 597 by Buckingham, Recognizing Laurie Brubaker for her contribution to Texas 4000.
SR 598 by Buckingham, Recognizing May Lofgreen on the occasion of her retirement.
SR 599 by Nichols, Recognizing Roger I. Van Horn for his service to the Nacogdoches community.
SR 601 by Watson, Recognizing Meals on Wheels Texas for its humanitarian services.
SR 602 by Kolkhorst, Recognizing Katy Independent School District for being named the College Board Advanced Placement Large District of the Year.
SR 604 by Creighton, Recognizing the Greater Houston Chapter of Associated Builders and Contractors on the occasion of its 50th anniversary.
HCR 157 (Seliger), Congratulating L. D. "Buddy" Sipes Jr. on his induction into the Petroleum Hall of Fame.
HCR 158 (Seliger), Honoring the memory of George P. Mitchell on the occasion of his posthumous induction into the Petroleum Hall of Fame.
HCR 159 (Seliger), Congratulating Arlen L. Edgar on his induction into the Petroleum Hall of Fame.
HCR 160 (Seliger), Congratulating Robert C. Bledsoe of Midland on his induction into the Petroleum Hall of Fame.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 3:48 p.m. adjourned until 11:00 a.m. Tuesday, April 23, 2019.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
April 17, 2019
FINANCE — CSSB 941, CSSB 1525
WATER AND RURAL AFFAIRS — CSSB 2272, CSSB 1386
STATE AFFAIRS — CSSB 2364, CSSB 2373, CSSB 2270, CSSB 1691, CSSB 1840, CSSB 2215, CSSB 806, CSSB 1370, CSSB 1293, CSSB 13
INTERGOVERNMENTAL RELATIONS — SB 2534, SB 2527, SB 2526, SB 2525, SB 2524, SB 2521, SB 2517, SB 2505, SB 2481, SB 2467, SB 2286, SB 2245, SB 1763
HEALTH AND HUMAN SERVICES — CSSB 1805, CSSB 1834, CSSB 470
STATE AFFAIRS — CSSB 1803
EDUCATION — CSSB 11
BILLS AND RESOLUTIONS ENGROSSED
April 16, 2019
SB 16, SB 37, SB 86, SB 196, SB 462, SB 569, SB 616, SB 719, SB 746, SB 750, SB 781, SB 849, SB 863, SB 891, SB 1114, SB 1154, SB 1238, SB 1264, SB 1474, SB 1512, SB 1516, SB 1530, SB 1538, SB 1539, SB 1568, SB 1575, SB 1772, SB 2200, SB 2212, SJR 32, SJR 47, SJR 57
BILL AND RESOLUTIONS ENROLLED
April 16, 2019
SB 743, SR 590, SR 591, SR 592, SR 593
SENT TO GOVERNOR
April 17, 2019
SB 743