SENATE JOURNAL
EIGHTY-SIXTH LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

FORTY-EIGHTH DAY
(Friday, May 3, 2019)

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by President Pro Tempore Watson.

The roll was called and the following Senators were present:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Absent-excused:  Lucio.

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

The Most Reverend Michael Olson, Bishop, Catholic Diocese of Fort Worth, was introduced by Senator Fallon and offered the invocation as follows:

Lord our God, we stand together here in this Legislature, mindful of Your providence and love for each human person whom You have created in Your image and likeness. We call out to You in our awareness of the responsibility of governance entrusted to these men and women legislators by the people of Texas who in their hearts seek to belong to You and to each other in the order of Your goodness. We ask Your blessing upon our Senators as they begin their legislative activity with a renewed sense of mission to preserve the dignity of their fellow citizens in the tireless and demanding pursuit of the common good. Grant them a spirit of docility and simplicity of heart. May they heed Your prophet Isaiah's call to reason together, intentionally aware of human sinfulness in the light of Your mercy and justice and of the fundamental goodness of Your creation of the human person. May they be mindful of the vulnerable in our society and equitable in their deliberation. Might their desire for authentic justice be strengthened that the laws that they vote to enact might reflect Your wisdom and design for human flourishing. We pray that You might guard their speech that all that they say in these Chambers might elevate discourse in reflection of Your beauty, grandeur, and truth. Might they seek always those aspects of the common good that are immaterial and can be shared together without being diminished in quantity. Expand their hearts with Your love that they might truly desire the common good of all Texans united together and not simply the private interests of a few. We thank You, God, for their sacrifice and generosity to give of their time and talents in service to Your people. Protect them and their families and reward their generosity with Your generosity. We pray in the confidence of Your love. 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.

LEAVE OF ABSENCE

On motion of Senator Whitmire, Senator Lucio was granted leave of absence for today on account of an illness in the family.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President Pro Tempore announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

There was no objection.

PHYSICIAN OF THE DAY

Senator Paxton was recognized and presented Dr. Zaiba Jetpuri of Richardson, accompanied by Astrud Villareal, as the Physician of the Day.

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

SENATE CONCURRENT RESOLUTION 60

The President Pro Tempore laid before the Senate the following resolution:

SCR 60, Recognizing the McDonald Observatory on the occasion of its 80th anniversary.

RODRÍGUEZ

The resolution was read.

On motion of Senator Rodríguez, the resolution was considered immediately and was adopted without objection.

GUESTS PRESENTED

Senator Rodríguez was recognized and introduced to the Senate a delegation from The University of Texas McDonald Observatory including Director Taft Armandroff, Associate Dean of Research and Facilities Dean Appling, and UT Austin Department of Astronomy Chair Shardha Jogee.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Hall was recognized and introduced to the Senate Robert F. Kennedy Jr.

The Senate welcomed its guest.

CONCLUSION OF MORNING CALL

The President Pro Tempore at 10:30 a.m. announced the conclusion of morning call.

GUESTS PRESENTED

Senator Paxton was recognized and introduced to the Senate members of the Legacy Christian Academy varsity baseball team, accompanied by Coach Andrew Embry.

The Senate welcomed its guests.

COMMITTEE  SUBSTITUTE
SENATE BILL 1284 ON SECOND READING

Senator Miles moved to suspend the regular order of business to take up for consideration CSSB 1284 at this time on its second reading:

CSSB 1284, Relating to a competitive grant program to fund promotion of early literacy programs in certain communities in this state.

The motion prevailed by the following vote:  Yeas 25, Nays 5.

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

Nays:  Creighton, Fallon, Hall, Hancock, Kolkhorst.

Absent-excused:  Lucio.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 25, Nays 5. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1284 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 1284 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 25, Nays 5.

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

Nays:  Creighton, Fallon, Hall, Hancock, Kolkhorst.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 25, Nays 5. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1016 ON SECOND READING

On motion of Senator Powell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1016 at this time on its second reading:

CSSB 1016, Relating to an audit by the Texas Education Agency of public school professional development training requirements.

The bill was read second time.

Senator Powell offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1016 (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 CSSB 1016 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 except as follows:

Absent-excused:  Lucio.

CSSB 1016 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:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 1016 ON THIRD READING

Senator Powell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1016 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 232 ON SECOND READING

On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 232 at this time on its second reading:

CSSB 232, Relating to parental notification by a school district regarding high school graduation requirements.

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:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 232 ON THIRD READING

Senator Menéndez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 232 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

(President in Chair)

BILL SIGNED

The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read:  HB 1159.

COMMITTEE  SUBSTITUTE
SENATE BILL 784 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 784 at this time on its second reading:

CSSB 784, Relating to local school health advisory councils and health education provided by school districts, including requirements regarding human sexuality instruction.

The motion prevailed by the following vote:  Yeas 19, Nays 11.

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

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

Absent-excused:  Lucio.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 19, Nays 11. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 2243 ON THIRD READING

Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 2243 at this time on its third reading and final passage:

CSSB 2243, Relating to required counseling before an abortion is performed.

The motion prevailed by the following vote:  Yeas 20, Nays 10.

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

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

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 20, Nays 10.  (Same as previous roll call)

COMMITTEE  SUBSTITUTE
HOUSE BILL 1520 ON SECOND READING

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1520 at this time on its second reading:

CSHB 1520, Relating to the continuation and functions of the Texas State Board of Public Accountancy.

The bill was read second time and was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading except as follows:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
HOUSE BILL 1520 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 CSHB 1520 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0.  (Same as previous roll call)

COMMITTEE  SUBSTITUTE
HOUSE BILL 1326 ON SECOND READING

On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1326 at this time on its second reading:

CSHB 1326, Relating to the continuation and functions of the Texas Military Department.

The bill was read second time and was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading except as follows:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
HOUSE BILL 1326 ON THIRD READING

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1326 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0.  (Same as previous roll call)

MESSAGES FROM THE GOVERNOR

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

May 3, 2019
Austin, Texas

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

On January 17, 2019, I submitted the name of Brian A. Bailey for appointment to the Texas Industrialized Building Code Council for a term to expire February 1, 2020.

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

On January 17, 2019, I submitted the name of Roberto "Robert" Lay-Su for appointment to the Texas Industrialized Building Code Council for a term to expire February 1, 2019.

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

Respectfully submitted,

/s/Greg Abbott
Governor
(Senator Campbell in Chair)

COMMITTEE  SUBSTITUTE
SENATE BILL 784 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 CSSB 784 be placed on its third reading and final passage:

CSSB 784, Relating to local school health advisory councils and health education provided by school districts, including requirements regarding human sexuality instruction.

The motion prevailed by the following vote:  Yeas 24, Nays 6.

Yeas:  Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Menéndez, Nelson, Nichols, Paxton, Perry, Rodríguez, Schwertner, Seliger, Taylor, Zaffirini.

Nays:  Alvarado, Miles, Powell, Watson, West, Whitmire.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 11.

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

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

Absent-excused:  Lucio.

(President in Chair)

GUEST PRESENTED

Senator Fallon was recognized and introduced to the Senate his legislative intern, Jessica Lucas.

The Senate welcomed its guest.

COMMITTEE  SUBSTITUTE
SENATE BILL 1374 ON SECOND READING

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1374 at this time on its second reading:

CSSB 1374, Relating to the sequencing of certain required mathematics courses 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 except as follows:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 1374 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 1374 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
HOUSE BILL 1442 ON SECOND READING

On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1442 at this time on its second reading:

CSHB 1442, Relating to the continuation and functions of the Office of Consumer Credit Commissioner, the licensing and registration of persons regulated by that state agency, and certain consumer financial transactions regulated by that state agency.

The bill was read second time and was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading except as follows:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
HOUSE BILL 1442 ON THIRD READING

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1442 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

SENATE CONCURRENT RESOLUTION 10
ON SECOND READING

Senator Johnson moved to suspend the regular order of business to take up for consideration SCR 10 at this time on its second reading:

SCR 10, Expressing opposition to the enactment or enforcement in Texas of a law that automatically suspends the driver's license of an individual who is convicted of any drug-related offense.

The motion prevailed by the following vote:  Yeas 24, Nays 6.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Flores, Hall, Hinojosa, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Nichols, Perry, Powell, Rodríguez, Schwertner, Seliger, Watson, West, Whitmire, Zaffirini.

Nays:  Creighton, Fallon, Hancock, Huffman, Paxton, Taylor.

Absent-excused:  Lucio.

The resolution was read second time and was adopted by the following vote:  Yeas 24, Nays 6. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 691 ON SECOND READING

Senator Johnson moved to suspend the regular order of business to take up for consideration CSSB 691 at this time on its second reading:

CSSB 691, Relating to suspension of a driver's license for persons convicted of certain misdemeanor drug possession offenses.

The motion prevailed by the following vote:  Yeas 23, Nays 7.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Flores, Hall, Hinojosa, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Perry, Powell, Rodríguez, Schwertner, Seliger, Watson, West, Whitmire, Zaffirini.

Nays:  Creighton, Fallon, Hancock, Huffman, Nichols, Paxton, Taylor.

Absent-excused:  Lucio.

The bill was read second time.

Senator Johnson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 691 (senate committee printing) as follows:
(1)  In SECTION 2 of the bill, in added Section 521.3725(b)(2)(B), Transportation Code (page 1, line 55), strike "any applicable fees" and substitute "a fee in an amount that is equivalent to the sum of all fees applicable to a suspension and reinstatement of a license under this subchapter, regardless of whether the person's license is suspended or reinstated".
(2)  In SECTION 4 of the bill, in added Section 521.377(a-1), Transportation Code (page 2, line 31), strike "any applicable fees" and substitute "a fee in an amount that is equivalent to the sum of all fees applicable to a suspension and reinstatement of a license under this subchapter".

The amendment to CSSB 691 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 except as follows:

Absent-excused:  Lucio.

CSSB 691 as amended was passed to engrossment by the following vote:  Yeas 23, Nays 7.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Flores, Hall, Hinojosa, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Perry, Powell, Rodríguez, Schwertner, Seliger, Watson, West, Whitmire, Zaffirini.

Nays:  Creighton, Fallon, Hancock, Huffman, Nichols, Paxton, Taylor.

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 2285 ON SECOND READING

On motion of Senator Fallon and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2285 at this time on its second reading:

CSSB 2285, Relating to challenges by school districts and open-enrollment charter schools to accountability determinations.

The bill was read second time.

Senator Fallon offered the following amendment to the bill:

Floor Amendment No. 1

Section 1.
Amend CSSB 2285 (Senate committee printing) in SECTION 1 of the bill as follows:
(1)  In the recital (page 1, line 26), strike "Subsection (c-1)" and substitute "Subsections (c-1), (c-2), and (c-3)".
(2)  Strike added Section 39.151(c-1), Education Code (page 1, lines 36-45), and substitute the following:
(c-1)  The commissioner may not limit a challenge relating to a data or calculation error, if the school district or open-enrollment charter school demonstrates in writing that the error was identified before July 1st of the year ratings are released, even if the challenge demonstrates the data or calculation error:
(1)  is attributable to the school district or open-enrollment charter school; or
(2)  caused the district or school to have a lower academic or financial accountability rating.
(c-2)  If a challenge described by subsection (c-1) demonstrates that a data or calculation error caused the district or open-enrollment charter school to have a lower academic or financial accountability rating, the commissioner shall:
(1)  assign the district or school the corrected rating; or
(2)  indicate that the district or school will not be rated for that school year.
(c-3)  For a year in which a school district or open-enrollment charter school is not rated under Subsection (c-2) (2), that school year is not:
(1)  included in calculating consecutive school years under Sections 12.1141(d) and 12.115(c); Chapter 39, Subchapter C; and Chapter 39A; or
(2)  considered a break in consecutive school years of unacceptable ratings for purposes of sanctions or interventions under Sections 12.1141(d) and 12.115(c); Chapter 39, Subchapter C; and Chapter 39A.

The amendment to CSSB 2285 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 except as follows:

Absent-excused:  Lucio.

CSSB 2285 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:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 2285 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 2285 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 691 ON THIRD READING

Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 691 be placed on its third reading and final passage:

CSSB 691, Relating to suspension of a driver's license for persons convicted of certain misdemeanor drug possession offenses.

The motion prevailed by the following vote:  Yeas 26, Nays 4.

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

Nays:  Hancock, Nichols, Paxton, Taylor.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 22, Nays 8.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Flores, Hinojosa, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Perry, Powell, Rodríguez, Schwertner, Seliger, Watson, West, Whitmire, Zaffirini.

Nays:  Creighton, Fallon, Hall, Hancock, Huffman, Nichols, Paxton, Taylor.

Absent-excused:  Lucio.

SENATE BILL 117 ON THIRD READING

Senator Creighton moved to suspend the regular order of business to take up for consideration SB 117 at this time on its third reading and final passage:

SB 117, Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.

The motion prevailed by the following vote:  Yeas 20, Nays 10.

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

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

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 20, Nays 10.  (Same as previous roll call)

MESSAGE FROM THE GOVERNOR

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

May 3, 2019
Austin, Texas

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

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

To be a member of the Texas Commission of Licensing and Regulation for a term to expire February 1, 2025:
Nora Castañeda
Harlingen, Texas
(replacing Deborah Ann Yurco of Austin whose term expired)

Respectfully submitted,

/s/Greg Abbott
Governor

COMMITTEE  SUBSTITUTE
SENATE BILL 1882 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 1882 at this time on its second reading:

CSSB 1882, Relating to notice regarding voting by physicians at certain entities to authorize the differentiation of physicians based on maintenance of certification.

The bill was read second time.

Senator Buckingham offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1882 (senate committee report) as follows:
(1)  In SECTION 2 of the bill, strike added Section 151.0515(c-1)(1), Occupations Code (page 1, lines 42-44), and substitute the following:
(1)  state that any vote must comply with:
(A)  the normal voting process of the entity and the entity's organized medical staff; and
(B)  any applicable law, regulation, or accreditation requirement; and
(2)  In SECTION 2 of the bill, in added Section 151.0515(c-1)(2)(B), Occupations Code (page 1, line 48), between "staff" and the underlined period, insert "for a similar notification, which may include in electronic form".

The amendment to CSSB 1882 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 except as follows:

Absent-excused:  Lucio.

CSSB 1882 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:

Absent-excused:  Lucio.

COMMITTEE  SUBSTITUTE
SENATE BILL 1882 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 1882 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0.  (Same as previous roll call)

AT EASE

The President at 12:17 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

The President at 12:38 p.m. called the Senate to order as In Legislative Session.

MOTION TO RECESS

On motion of Senator Whitmire and by unanimous consent, the Senate at 12:47 p.m. agreed to recess, upon completion of the introduction of bills and resolutions on first reading, until 10:00 a.m. Monday, May 6, 2019.

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions received from the House were read first time and referred to the committees indicated:

HB 72 to Committee on Health and Human Services.
HB 97 to Committee on Property Tax.
HB 300 to Committee on Criminal Justice.
HB 351 to Committee on Business and Commerce.
HB 354 to Committee on State Affairs.
HB 406 to Committee on Water and Rural Affairs.
HB 449 to Committee on Higher Education.
HB 642 to Committee on Transportation.
HB 669 to Committee on Business and Commerce.
HB 808 to Committee on Education.
HB 882 to Committee on State Affairs.
HB 918 to Committee on Criminal Justice.
HB 963 to Committee on Education.
HB 1059 to Committee on Water and Rural Affairs.
HB 1063 to Committee on Health and Human Services.
HB 1362 to Committee on Health and Human Services.
HB 1532 to Committee on Health and Human Services.
HB 1542 to Committee on Transportation.
HB 1545 to Committee on Business and Commerce.
HB 1649 to Committee on Natural Resources and Economic Development.
HB 1848 to Committee on Health and Human Services.
HB 1865 to Committee on Business and Commerce.
HB 1883 to Committee on Property Tax.
HB 1906 to Committee on Education.
HB 2050 to Committee on Health and Human Services.
HB 2188 to Committee on Transportation.
HB 2245 to Committee on State Affairs.
HB 2246 to Committee on Business and Commerce.
HB 2384 to Committee on State Affairs.
HB 2402 to Committee on Natural Resources and Economic Development.
HB 2454 to Committee on Health and Human Services.
HB 2747 to Committee on Business and Commerce.
HB 2763 to Committee on State Affairs.
HB 2780 to Committee on State Affairs.
HB 2791 to Committee on Business and Commerce.
HB 2811 to Committee on Health and Human Services.
HB 2817 to Committee on Business and Commerce.
HB 2945 to Committee on Business and Commerce.
HB 3012 to Committee on Education.
HB 3231 to Committee on State Affairs.
HB 3300 to Committee on State Affairs.
HB 3542 to Committee on Water and Rural Affairs.
HB 3582 to Committee on Criminal Justice.
HB 3745 to Committee on Natural Resources and Economic Development.
HB 3809 to Committee on State Affairs.
HB 3911 to Committee on Business and Commerce.
HB 3980 to Committee on Health and Human Services.
HB 4296 to Committee on Business and Commerce.
HB 4671 to Committee on Intergovernmental Relations.
HCR 120 to Committee on Veteran Affairs and Border Security.
HJR 95 to Committee on Property Tax.

CO-AUTHOR OF SENATE BILL 232

On motion of Senator Menéndez, Senator Johnson will be shown as Co-author of SB 232.

CO-AUTHOR OF SENATE BILL 691

On motion of Senator Johnson, Senator Alvarado will be shown as Co-author of SB 691.

CO-AUTHOR OF SENATE BILL 1147

On motion of Senator Buckingham, Senator Alvarado will be shown as Co-author of SB 1147.

CO-SPONSOR OF HOUSE BILL 114

On motion of Senator Birdwell, Senator Alvarado will be shown as Co-sponsor of HB 114.

CO-SPONSOR OF HOUSE BILL 1325

On motion of Senator Perry, Senator Menéndez will be shown as Co-sponsor of HB 1325.

CO-SPONSOR OF HOUSE BILL 1576

On motion of Senator Buckingham, Senator Powell will be shown as Co-sponsor of HB 1576.

CO-SPONSOR OF HOUSE BILL 2570

On motion of Senator Watson, Senator Hinojosa will be shown as Co-sponsor of HB 2570.

CO-SPONSOR OF HOUSE JOINT RESOLUTION 12

On motion of Senator Watson, Senator Hinojosa will be shown as Co-sponsor of HJR 12.

CO-AUTHOR WITHDRAWN

Senator West requested that his name be withdrawn as Co-author of SB 784.

The request was granted.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 688 by Watson, Recognizing the Islamic Center of Lake Travis on the occasion of its one-year anniversary.

SR 689 by Zaffirini, Recognizing Live Oak County Area Go-Texan, Incorporated, for helping students pursue higher education.

SR 690 by Fallon, Recognizing Lou Holtz for his career as a football coach.

HCR 152 (Alvarado), Honoring the Bluebonnet Girls State Program for its more than 75 years of service.

RECESS

Pursuant to a previously adopted motion, the Senate at 12:56 p.m. recessed until 10:00 a.m. Monday, May 6, 2019.



APPENDIX



COMMITTEE REPORTS

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

May 3, 2019

ADMINISTRATION — HB 811, HB 1760, HB 2079, HB 2235, HB 2298, HB 2888, HB 3459, HB 2597, HB 2004, HB 1064, HB 1612, HB 2326, HB 1665, HB 4650, HB 4651, HB 1494

CRIMINAL JUSTICE — CSSB 1217

ADMINISTRATION — HCR 42

NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — HB 2127, HB 3246, HB 1331, HB 1627

PROPERTY TAX — SJR 67, SB 2101, SB 1987, HB 3348, SB 2083

BUSINESS AND COMMERCE — CSHB 1960

INTERGOVERNMENTAL RELATIONS — CSSB 2552

NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 927

ADMINISTRATION — HCR 40, HCR 19, HB 39, CSHB 435, HB 405, HCR 59, HB 4654, HB 1508
BILLS ENGROSSED

May 2, 2019

SB 426, SB 429, SB 722, SB 871, SB 933, SB 1045, SB 1096, SB 1192, SB 1309, SB 1422, SB 1454, SB 1468, SB 1659, SB 1828, SB 1854, SB 1876, SB 1943


RESOLUTIONS ENROLLED

May 2, 2019

SR 635, SR 680, SR 681, SR 684, SR 685, SR 686