FORTY-NINTH DAY
(Continued)
(Wednesday, May 8, 2019)
AFTER RECESS
The Senate met at 11:23 a.m. and was called to order by the President.
Eric Gerber, Chaplain, Texas Military Department, offered the invocation as follows:
O gracious and loving God, I thank You for the gift of living in a free nation. I thank You for the brave, talented, and dedicated leaders in this room today. May Your blessings fall upon these fine men and women as they face many complex and challenging decisions in the days ahead. Each night I ask as they go to sleep You would allow their minds, hearts, and souls to rest. May You bless them in and out of session. May You bless their families while they are away. We ask for Your comfort and Your peace for our military members in all branches as they serve day and night in harsh conditions around the globe. May You continue to bless the great State of Texas. In Your name I pray. Amen.
PHYSICIAN OF THE DAY
Senator Watson was recognized and presented Dr. Erica Swegler of Austin as the Physician of the Day.
The Senate welcomed Dr. Swegler and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Taylor was recognized and introduced to the Senate a delegation of Texas school board trustees.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Perry was recognized and introduced to the Senate a delegation of Texas internal auditors.
The Senate welcomed its guests.
GUEST PRESENTED
Senator Flores was recognized and introduced to the Senate his legislative aide, Armando Vendrell-Velez, on the occasion of his graduation from Texas A&M University.
The Senate welcomed its guest.
NOMINATION RETURNED
(Motion In Writing)
Senator Buckingham submitted the following Motion In Writing:
Mr. President:
I move that the nomination of Holland R. Harper to the Sulphur River Regional Mobility Authority be withdrawn from the Committee on Nominations, and I further move that the nomination be returned to the Governor pursuant to his request.
BUCKINGHAM
The Motion In Writing was read and prevailed without objection.
BILLS SIGNED
The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SB 649, SB 752, SB 1938.
GUESTS PRESENTED
Senator Perry was recognized and introduced to the Senate students from the Harrold Independent School District visiting the Capitol.
The Senate welcomed its guests.
SESSION TO CONSIDER EXECUTIVE APPOINTMENTS
The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Buckingham.
Senator Buckingham moved confirmation of the nominees reported yesterday by the Committee on Nominations.
The President asked if there were requests to sever nominees.
There were no requests offered.
NOMINEES CONFIRMED
The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote: Yeas 31, Nays 0.
Members, Governing Board, Texas School for the Deaf: Shalia Holloway Cowan, Hays County; Eric Lee Hogue, Collin County; Christopher Jay Moreland, Comal County; Shawn Patrick Saladin, Hidalgo County; David Alexander Saunders, Ellis County; Keith Edward Sibley, Tarrant County; Heather Mary Lightfoot Withrow, Travis County; Angela Ortiz Wolf, Hays County.
Member, State Securities Board: Kenneth Roger Koncaba, Galveston County.
Member, Board of Regents, The Texas A&M University System: Michael Albert Hernandez, Tarrant County.
Members, Board of Trustees, Texas County and District Retirement System: Susan Hayes Fletcher, Collin County; Mary Louisa Nicholson, Tarrant County; Kara Sands, Nueces County.
Members, Board of Directors, Texas Economic Development Corporation: James Patrick Hickman, Randall County; James Emmett Lentz, Tarrant County; Abidali Zainuddin Neemuchwala, Dallas County; Scott Prochazka, Harris County; Bryan Sheffield, Travis County.
Members, Texas Forensic Science Commission: Jeffrey Joseph Barnard, Dallas County; Bruce Budowle, Tarrant County; Patrick Buzzini, Harris County; Mark G. Daniel, Tarrant County; Nancy Ruth Downing, Brazos County; Jasmine Millican Drake, Harris County; Dennis Johnson, Travis County; Sarah Kerrigan, Montgomery County; Jarvis Jermaine Parsons, Brazos County.
Members, Board of Directors, Texas Health Services Authority: Paula Ellen Anthony-McMann, Smith County; Victoria Ai Linh Bryant, Harris County; Shannon Kay Sowder Calhoun, Goliad County; Lourdes Matiana Cuellar, Harris County; Salil Vijay Deshpande, Harris County; Emily Ann Francis Hartmann, El Paso County; Jonathan James Sandstrom Hill, Travis County; Kenneth Scott James, Travis County; Jerome P. Lisk, Smith County; Leticia C. Rodriguez, Ward County; Siobhan Auna Garcia Shahan, Randall County; Carlos James Vital, Harris County.
Members, Board of Directors, Texas Public Finance Authority: Billy Morris Atkinson, Fort Bend County; Joseph Edward Williams, Denton County.
Members, Texas Racing Commission: Constance Couch McNabb, Montgomery County; Michael James Moore, Tarrant County; Robert Carroll Pate, Nueces County; Arvel Jackson Waight, Gillespie County.
Members, Board of Directors, Texas School Safety Center: Dewey Michael Cox, Hays County; Allison Elizabeth Geddes, Collin County; Cary B. Hedrick, Deaf Smith County; Paul Allen Robbins, Nacogdoches County.
Members, Texas State Board of Acupuncture Examiners: Donna Sue Guthery, Harris County; Mary Elizabeth Hebert, Nacogdoches County; Claudine K. Vass, Fort Bend County; Grant Evans Weidler, Montgomery County.
Members, Texas State Board of Pharmacy: Ricardo Fernandez, Denton County; Daniel Guerrero, Hays County; Lori Wieck Henke, Randall County; Donald Gene Lewis, Henderson County; Juliann Ruppel Spier, Harris County.
GUESTS PRESENTED
Senator Hughes was recognized and introduced to the Senate the 2019 Chapel Hill High School girls' varsity basketball championship team including Kaylyn Tompkins, Ja'Mya Bishop, Rachel Crane, Rebekah Crane, Macy Cox, Katia Hernandez, Mason Garrett, Karli Gentry, Jayden Morton, Kinly Posey, Paige Grissom, Nadia Hooks, Katelyn Baker, Carolina Newman, and Lillian Ellis, accompanied by coaches Matt Garrett, Courtney Garrett, and Chapel Hill ISD Superintendent Marc Levesque.
The Senate welcomed its guests.
(Senator Alvarado in Chair)
ACKNOWLEDGMENT
The Presiding Officer acknowledged the presence of the Honorable Greg Abbott, Governor of Texas.
The Senate welcomed its guest.
SENATE JOINT RESOLUTION 67 ON SECOND READING
On motion of Senator Birdwell and by unanimous consent, the regular order of business was suspended to take up for consideration SJR 67 at this time on its second reading:
SJR 67, Proposing a constitutional amendment to allow the surviving spouse of a person who is disabled to receive a limitation on the school district ad valorem taxes on the spouse's residence homestead if the spouse is 55 years of age or older at the time of the person's death.
The resolution 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 JOINT RESOLUTION 67 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 SJR 67 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The resolution was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2101 ON SECOND READING
On motion of Senator Birdwell and by unanimous consent, the regular order of business was suspended to take up for consideration SB 2101 at this time on its second reading:
SB 2101, Relating to the eligibility of the surviving spouse of an individual who is disabled to receive a limitation on the school district ad valorem taxes on the spouse's residence homestead.
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 2101 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 2101 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 2343 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration SB 2343 at this time on its second reading:
SB 2343, Relating to courses offered jointly by certain public junior colleges and independent school districts.
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.
Nays: Kolkhorst.
SENATE BILL 2343 ON THIRD READING
Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2343 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)
COMMITTEE SUBSTITUTE
SENATE BILL 550 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 550 at this time on its second reading:
CSSB 550, Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
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 550 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 550 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.
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 2553 ON SECOND READING
On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2553 at this time on its second reading:
CSSB 2553, Relating to the creation of the Save Historic Muny District; providing authority to issue bonds; providing authority to impose fees.
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 2553 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 2553 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 Hughes in Chair)
HOUSE BILL 145 ON SECOND READING
Senator Rodríguez moved to suspend the regular order of business to take up for consideration HB 145 at this time on its second reading:
HB 145, Relating to fees for services by the offices of the sheriff and constables.
The motion prevailed.
Senators Campbell 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on on the passage to third reading except as follows:
Nays: Campbell, Hughes.
HOUSE BILL 145 ON THIRD READING
Senator Rodríguez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 145 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, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Campbell, Hughes.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2552 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2552 at this time on its second reading:
CSSB 2552, Relating to the administration of the Agua Special Utility District; creating a criminal offense.
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 2552 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 2552 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
HOUSE BILL 1067 ON SECOND READING
On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1067 at this time on its second reading:
CSHB 1067, Relating to the omission of a deceased candidate from the ballot in certain elections.
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.
COMMITTEE SUBSTITUTE
HOUSE BILL 1067 ON THIRD READING
Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1067 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.
(President in Chair)
CONFERENCE COMMITTEE ON HOUSE BILL 3
Senator Taylor 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 3 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 3 before appointment.
There were no motions offered.
Accordingly, the President announced the appointment of the following conferees on the part of the Senate: Senators Taylor, Chair; Nelson, Campbell, West, and Watson.
(Senator Hughes in Chair)
HOUSE BILL 852 ON SECOND READING
Senator Fallon moved to suspend the regular order of business to take up for consideration HB 852 at this time on its second reading:
HB 852, Relating to information a municipality may consider in determining the amount of certain building permit and inspection fees.
The motion prevailed.
Senators Alvarado and Miles 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Alvarado, Miles.
HOUSE BILL 852 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 HB 852 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: 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, Watson, West, Whitmire, Zaffirini.
Nays: Alvarado, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 1397 ON SECOND READING
Senator Nichols moved to suspend the regular order of business to take up for consideration CSHB 1397 at this time on its second reading:
CSHB 1397, Relating to the establishment of rates for certain non-ERCOT utilities.
The motion prevailed.
Senator Miles 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Miles.
COMMITTEE SUBSTITUTE
HOUSE BILL 1397 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1397 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
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)
COMMITTEE SUBSTITUTE
SENATE BILL 2093 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 2093 at this time on its second reading:
CSSB 2093, Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.
The motion prevailed.
Senator 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: Watson.
COMMITTEE SUBSTITUTE
SENATE BILL 2093 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 2093 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Watson.
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 1217 ON SECOND READING
On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1217 at this time on its second reading:
CSSB 1217, Relating to the consideration of certain arrests in determining an applicant's eligibility for an occupational license.
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 1217 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 1217 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.
HOUSE BILL 125 ON SECOND READING
On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration HB 125 at this time on its second reading:
HB 125, Relating to the online publication of home addresses of certain occupational license holders.
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.
HOUSE BILL 125 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 HB 125 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.
HOUSE BILL 3348 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3348 at this time on its second reading:
HB 3348, Relating to the eligibility of land on which the Texas Animal Health Commission has established a temporary quarantine for ticks for appraisal for ad valorem tax purposes as agricultural or open-space land.
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.
HOUSE BILL 3348 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 HB 3348 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.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 8, 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 increasing criminal penalties for certain family violence offenses committed when a child is or may be present during the commission of the offense.
Relating to a notice of educational rights for certain student evaluations.
Relating to information for foster children who are pregnant or minor parents.
Relating to the powers and duties of the Harris County Municipal Utility District No. 377; providing authority to issue bonds.
Relating to the powers and duties of the Harris County Municipal Utility District No. 378; providing authority to issue bonds.
Relating to the powers and duties of the Harris County Municipal Utility District No. 380; providing authority to issue bonds.
Relating to the creation of the disaster response loan fund and the permissible uses of that fund; making an appropriation; authorizing a fee.
Relating to the filling of a vacancy in the office of county commissioner in certain counties.
Relating to the creation of the City of Conroe Municipal Management District No. 3; providing authority to issue bonds and impose assessments, fees, and taxes.
Relating to the authority of the Lavaca Hospital District to lease district property.
Relating to the public inspection of an arrest warrant and any affidavit made in support of the issuance of the warrant.
Relating to a request for a nursing peer review committee determination.
Relating to criteria for admission of certain students into public schools.
Relating to the authority of a code enforcement officer performing official duties to possess or carry an instrument used for deterring an animal bite.
Relating to the adoption of a land bank program by the Texas State Affordable Housing Corporation.
Relating to the creation of the Harris County Municipal Utility District No. 569; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the establishment of the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council.
Relating to compensation and leave for certain employees of the fraud unit of the Texas Department of Insurance.
Relating to the appraisal for ad valorem tax purposes of certain nonexempt property used for low-income or moderate-income housing.
Relating to the creation of the Fort Bend County Municipal Utility District No. 234; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to a person qualified to serve as a special or temporary justice of the peace.
Relating to the repeal of certain provisions affecting the electronic exchange of health information.
Relating to the authority of an emergency services district to provide public health services; authorizing a fee.
Relating to the issuance of specialty license plates to honor certain Purple Heart recipients; imposing a fee.
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
Relating to creating the criminal offense of tampering with an electronic monitoring device.
Relating to the provision of notice of proposed rules by state agencies.
Relating to the issuance of buyer's temporary tags for vehicles sold by governmental agencies.
Relating to prohibited relationships between holders of certain alcoholic beverage licenses and permits.
Relating to the maximum amount of an administrative penalty assessed on certain long-term care facilities.
Relating to a seller's disclosure notice for residential property regarding floodplains, flood pools, floodways, or reservoirs.
Relating to the dissolution of fire control, prevention, and emergency medical services districts.
Relating to the definition of a designated law enforcement office or agency for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications.
Relating to the cemeteries in certain counties.
Relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.
Relating to public inspection of early voting rosters.
Relating to the provision of mental health services through a telemedicine medical service or telehealth service.
Relating to reports by persons involved in the manufacture and distribution of alcoholic beverages for purposes of sales and use taxes.
Relating to implementation of the system redesign for the delivery of Medicaid benefits to persons with intellectual or developmental disabilities.
Relating to the County Court at Law of Reeves County.
Relating to the creation of the Richfield Ranch Management District of Harris County, Texas; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Hunter Ranch Improvement District No. 1 of Denton County, Texas; providing authority to impose an assessment, impose a tax, and issue bonds.
Relating to the creation of the North Celina Municipal Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the municipal court of record of the City of Rowlett.
Relating to the creation of the SoGood Cedars Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Wright Farm Municipal Management District of Johnson County; providing authority to issue bonds and impose assessments, fees, and taxes.
Relating to the territory of the Barrett Management District.
Designating the Bowie knife as the official state knife of Texas.
Designating Bastrop County as the official Film Hospitality Capital of Texas for a 10-year period beginning in 2019.
SB 2521
Bettencourt
Sponsor: Oliverson
|
Relating to the powers and duties of the Harris County Municipal Utility District No. 248; providing authority to issue bonds and impose fees and taxes.
SB 2524
Bettencourt
Sponsor: Calanni
|
Relating to the powers and duties of the Harris County Municipal Utility District No. 375; providing authority to issue bonds.
SB 2525
Bettencourt
Sponsor: Calanni
|
Relating to the powers and duties of the Harris County Municipal Utility District No. 376; providing authority to issue bonds.
SB 2526
Bettencourt
Sponsor: Calanni
|
Relating to the powers and duties of the Harris County Municipal Utility District No. 379; providing authority to issue bonds.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
ACKNOWLEDGMENTS
Senator Campbell was recognized and acknowledged students and other constituents watching online.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Criminal Justice might meet today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Hughes and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Administration might meet and consider the following bill and resolution today:
HB 2471, HCR 122.
SENATE RULE 5.14(a) SUSPENDED
(Intent Calendar)
On motion of Senator Hughes and by unanimous consent, Senate Rule 5.14(a), requiring bills to be posted on the Intent Calendar by 3:00 p.m., was suspended and the time was extended to 6:00 p.m. today for the Intent Calendar.
RECESS
On motion of Senator Whitmire, the Senate at 1:47 p.m. recessed until 4:30 p.m. today.
AFTER RECESS
The Senate met at 4:48 p.m. and was called to order by the President.
HOUSE BILL 347 ON SECOND READING
Senator Birdwell moved to suspend the regular order of business to take up for consideration HB 347 at this time on its second reading:
HB 347, Relating to consent annexation requirements.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Taylor, West, Zaffirini.
Nays: Johnson, Lucio, Menéndez, Miles, Rodríguez, Watson, Whitmire.
The bill was read second time.
Senator Lucio offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 347 (senate committee printing) in SECTION 4.01 of the bill adding transition language as follows:
(1) In Subsection (a) (page 7, line 3), strike "Subsection (b)" and substitute "Subsections (b) and (c)".
(2) Immediately after Subsection (b) (page 7, between lines 20 and 21), add the following:
(c) Until the fourth anniversary of the date that final judgment in an action described by this subsection is rendered, the changes in law made by this Act do not apply to an annexation of an area described by this subsection, and an annexation of an area described by this subsection is governed by Chapter 43, Local Government Code, as it existed on January 1, 2019. This subsection applies only to an area that is:
(1) wholly located in a county that:
(A) borders the Gulf of Mexico; and
(B) contains an international border; and
(2) proposed to be annexed by a municipality that is a named party in an action:
(A) involving issues of fact or law relating to the annexation; and
(B) commenced before January 1, 2019.
The amendment to HB 347 was read and was adopted by the following vote: Yeas 31, Nays 0.
HB 347 as amended was passed to third reading by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Taylor, West, Zaffirini.
Nays: Johnson, Menéndez, Miles, Rodríguez, Watson, Whitmire.
HOUSE BILL 347 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 HB 347 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, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Taylor, West, Zaffirini.
Nays: Johnson, Menéndez, Miles, Rodríguez, Watson, Whitmire.
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 2445 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for consideration CSSB 2445 at this time on its second reading:
CSSB 2445, Relating to the creation of the New Park Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
The motion prevailed.
Senator Bettencourt asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator West offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2445 (senate committee printing) in SECTION 1 of the bill as follows:
(1) In added Section 3966.0105(b), Special District Local Laws Code (page 2, line 46), strike "or tax".
(2) Following added Section 3966.0312, Special District Local Laws Code (page 5, between lines 16 and 17), insert the following:
Sec. 3966.0313. NO AD VALOREM TAX. The district may not impose an ad valorem tax.
(3) In added Subchapter C, Chapter 3966, Special District Local Laws Code (page 5, line 17), strike "3966.0313" and substitute "3966.0314".
(4) In added Section 3966.0402(c), Special District Local Laws Code (page 5, lines 50-51), strike "The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property." and substitute "The board may enforce the lien in the same manner that a taxing unit, as that term is defined by Section 1.04, Tax Code, may enforce an ad valorem tax lien against real property."
(5) In the heading to added Subchapter E, Chapter 3966, Special District Local Laws Code (page 5, line 56), strike "TAXES AND".
(6) Strike added Sections 3966.0501 and 3966.0502, Special District Local Laws Code (page 5, line 57, through page 6, line 3).
(7) In added Subchapter E, Chapter 3966, Special District Local Laws Code (page 6, line 4), strike "3966.0503" and substitute "3966.0501".
(8) In added Section 3966.0503(b), Special District Local Laws Code (page 6, line 8), strike "ad valorem taxes,".
(9) In added Subchapter E, Chapter 3966, Special District Local Laws Code (page 6, line 12), strike "3966.0504" and substitute "3966.0502".
(10) In added Section 3966.0504(1), Special District Local Laws Code (page 6, line 15), strike "other than ad valorem taxes".
(11) Strike added Section 3966.0505, Special District Local Laws Code (page 6, lines 19-34).
(12) In added Subchapter E, Chapter 3966, Special District Local Laws Code (page 6, line 35), strike "3966.0506" and substitute "3966.0503".
(13) In added Section 3966.0506, Special District Local Laws Code (page 6, line 42), strike "ad valorem taxes or".
(14) In added Subchapter E, Chapter 3966, Special District Local Laws Code (page 6, line 45), strike "3966.0507" and substitute "3966.0504".
(15) In added Section 3966.0507(a), Special District Local Laws Code (page 6, lines 46-47), strike "or hold an election to authorize the imposition of an ad valorem tax".
(16) In added Section 3966.0507(b), Special District Local Laws Code (page 6, line 52), strike "payable from ad valorem taxes".
The amendment to CSSB 2445 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 2445 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: Bettencourt.
COMMITTEE SUBSTITUTE
SENATE BILL 2445 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 2445 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Bettencourt.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 1066 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration HB 1066 at this time on its second reading:
HB 1066, Relating to extensions of an expired permit for the transfer of groundwater from a groundwater conservation district.
The motion prevailed.
Senators Schwertner 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on passed to third reading except as follows:
Nays: Schwertner, Watson.
HOUSE BILL 1066 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 HB 1066 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, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, West, Whitmire, Zaffirini.
Nays: Schwertner, Watson.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
HOUSE BILL 2324 ON SECOND READING
On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2324 at this time on its second reading:
HB 2324, Relating to the continuation of a health care provider participation program by the Tarrant County Hospital District.
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.
HOUSE BILL 2324 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 HB 2324 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 1719 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration CSSB 1719 at this time on its second reading:
CSSB 1719, Relating to the allocation of certain state hotel occupancy tax revenue.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Buckingham, Creighton, Flores, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Campbell, Fallon, Hall, Hancock, Schwertner.
The bill was read second time and was passed to engrossment by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1719 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 1719 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Buckingham, Creighton, Flores, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Campbell, Fallon, Hall, Hancock, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 2137 ON SECOND READING
Senator Flores moved to suspend the regular order of business to take up for consideration CSHB 2137 at this time on its second reading:
CSHB 2137, Relating to an application made by certain retired state and federal officers to obtain a license to carry a handgun; waiving a fee.
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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Kolkhorst.
COMMITTEE SUBSTITUTE
HOUSE BILL 2137 ON THIRD READING
Senator Flores moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2137 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)
(Senator Flores in Chair)
COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 79 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration CSSJR 79 at this time on its second reading:
CSSJR 79, Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board to provide financial assistance for the development of certain projects in economically distressed areas.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Alvarado, Buckingham, Flores, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nichols, Perry, Powell, Rodríguez, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Hall, Hancock, Hughes, Nelson, Paxton, Schwertner, Seliger.
The resolution was read second time.
Senator Perry offered the following amendment to the resolution:
Floor Amendment No. 1
Amend CSSJR 79 (senate committee report), in SECTION 1, in added Section 49-d-14(a), Article III, Texas Constitution (page 1, line 32), by striking "$400" and substituting "$50".
The amendment to CSSJR 79 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.
CSSJR 79 as amended was passed to engrossment by the following vote: Yeas 19, Nays 12.
Yeas: Alvarado, Buckingham, Flores, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nichols, Perry, Powell, Rodríguez, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Hall, Hancock, Hughes, Nelson, Paxton, Schwertner, Seliger.
HOUSE BILL 982 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration HB 982 at this time on its second reading:
HB 982, Relating to the administration of "pay for success" contracts for state agencies.
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.
HOUSE BILL 982 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 HB 982 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.
HOUSE BILL 2004 ON SECOND READING
On motion of Senator Fallon and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2004 at this time on its second reading:
HB 2004, Relating to the dismissal of certain actions relating to Medicaid fraud.
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.
HOUSE BILL 2004 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 HB 2004 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.
(President in Chair)
HOUSE BILL 2255 ON SECOND READING
On motion of Senator Johnson and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2255 at this time on its second reading:
HB 2255, Relating to newborn and infant hearing screening results and the provision of information following a screening.
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.
HOUSE BILL 2255 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 HB 2255 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.
HOUSE BILL 2310 ON SECOND READING
On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2310 at this time on its second reading:
HB 2310, Relating to the information necessary to appropriately title certain flood damaged vehicles that have been repaired with federal financial assistance.
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.
HOUSE BILL 2310 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 HB 2310 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.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 8, 2019 - 2
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 criminal offense of mail theft.
HB 292
Thompson, Senfronia
|
Relating to inclusion of instruction on the trafficking of persons in the basic training curriculum for peace officers.
Relating to the applicability of the law governing the provision of state aid to certain local governments disproportionately affected by the granting of ad valorem tax relief to disabled veterans.
Relating to tuition and fees for certain military spouses and dependents.
Relating to safety requirements for a person directly operating an amusement ride.
Relating to the limitations periods for certain suits against real estate appraisers and appraisal firms.
Relating to the allocation of low income housing tax credits.
Relating to a person's eligibility for an occupational license; providing an administrative penalty.
Relating to the number of school marshals that may be appointed to serve on a public school campus or at a private school.
Relating to the use of money from the permanent fund for health-related programs to provide grants to nursing education programs.
Relating to authorization for the creation of a county ethics commission in certain counties and to authorizing counties to adopt a code of ethics for their commissioners courts.
Relating to prohibiting the use of photographic traffic signal enforcement systems.
Relating to the availability of certain voter information.
Relating to temporary branch polling place hours of operation.
Relating to the establishment of a charter school by the Texas Juvenile Justice Department.
Relating to unconscionable prices charged by certain health care facilities for medical care.
Relating to the sale by certain alcoholic beverage permit or license holders of alcoholic beverages at a cost below the cost to the seller.
Relating to license terms and fees and registration and listing fees for certain child-care facilities.
Relating to a public school student's transition from an alternative education program to a regular classroom.
Relating to the consideration for public school accountability purposes of certain students receiving residential services in state hospitals.
Relating to the disposition and removal of a decedent's remains.
Relating to the standard of proof in health care liability claims involving emergency medical care.
Relating to driver's licenses, commercial driver's licenses, and other identification certificates; authorizing and increasing fees.
Relating to rules of and appeals to a municipal board of adjustment.
Relating to workers' compensation death benefit eligibility for certain spouses of certain employees killed in the line of duty.
Relating to a study by the Texas Department of Transportation on shared motor-assisted scooters.
Relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts; reducing or affecting the amounts of certain statutorily dedicated fees.
Relating to the statewide behavioral health coordinating council.
Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider.
Relating to voting outside of the polling place.
Relating to the establishment of a grant program for promoting computer science certification and professional development in coding, technology applications, and computer science for public school teachers.
Relating to the confidentiality of and prohibiting disclosure of the location or physical layout of a family violence shelter center or victims of trafficking shelter center; creating a criminal offense.
Relating to health benefit coverage provided by certain health benefit plans for telemedicine medical services and telehealth services.
Relating to the licensing and regulation of certain pharmacies; providing an administrative penalty.
Relating to caseworker visitation standards for certain child protective services caseworkers.
Relating to the collection and reporting of data on services provided by chemical dependency treatment facilities.
Relating to authorizing a dropout recovery competency-based educational pilot program provided through a campus or campus program charter or open-enrollment charter school.
Relating to the dispensing, administration, and use of low-THC cannabis; authorizing low-THC cannabis research; authorizing a fee.
Relating to the type of newspaper required for publication of notice.
Relating to methods of computing interest charges on certain consumer loans.
Relating to the deaf-blind with multiple disabilities waiver program.
Relating to maintenance and production of electronic public information under the public information law.
Relating to addressing adverse childhood experiences and developing a strategic plan to address those experiences.
Relating to the consideration of reading level in the adoption of certain assessment instruments and associated student performance levels and to the temporary suspension of accountability sanctions for public schools.
Relating to the grant program distributing money from the transportation infrastructure fund.
Relating to the authority of certain local governments to create and operate health care provider participation programs.
Relating to the licensing of satellite offices of outpatient chemical dependency care facilities.
Relating to liability for disclosing certain information regarding sexual misconduct by an employee, volunteer, or independent contractor of a charitable organization.
Relating to the rights and treatment of and services provided to certain adult sexual assault survivors.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 79 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 CSSJR 79 be placed on its third reading and final passage:
CSSJR 79, Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board to provide financial assistance for the development of certain projects in economically distressed areas.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Birdwell, Buckingham, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Campbell, Creighton, Fallon, Seliger.
The resolution was read third time and was passed by the following vote: Yeas 21, Nays 10.
Yeas: Alvarado, Buckingham, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Powell, Rodríguez, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Hall, Hughes, Paxton, Schwertner, Seliger.
COMMITTEE SUBSTITUTE
SENATE BILL 2452 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration CSSB 2452 at this time on its second reading:
CSSB 2452, Relating to the provision by the Texas Water Development Board of financial assistance for the development of certain projects in economically distressed areas.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Alvarado, Birdwell, Buckingham, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Campbell, Creighton, Fallon, Hall, Hughes, Seliger.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2452 (senate committee printing) as follows:
(1) In the recital to SECTION 7 of the bill (page 3, line 28), between "(b)," and "and", insert "(c),".
(2) In SECTION 7 of the bill, amended Section 17.933(a), Water Code (page 3, line 35), between "17.927(b)(7)" and the period, insert "and the political subdivision's ability to repay the financial assistance".
(3) In SECTION 7 of the bill, immediately following amended Section 17.933(b), Water Code (page 3, between line 51 and 52), insert the following:
(c) The total amount of financial assistance provided by the board to political subdivisions under this subchapter from state-issued bonds for which repayment is not required may not exceed at any time 70 [90] percent of the total principal amount of issued and unissued bonds authorized under Article III of the Texas Constitution, for purposes of this subchapter plus outstanding interest on those bonds.
(4) In SECTION 7 of the bill, in amended Section 17.933(d), Water Code (page 3, line 54), between "shall" and "consider" insert "establish repayment based on the political subdivision's ability to repay the financial assistance and shall".
(5) In SECTION 7 of the bill, at the end of amended Section 17.933(d)(3), Water Code (page 3, line 65), strike "and" and substitute "[and]".
(6) In SECTION 7 of the bill, in amended Section 17.933(d)(4), Water Code (page 3, line 67), between "code" and the period, insert the following:
; and
(5) the ability of the board to maximize the portion of financial assistance for which repayment is required based on the political subdivision's ability to repay the assistance, as provided by board rule
(7) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 17.929(a), Water Code, is amended to read as follows:
(a) In passing on an application for financial assistance, the board shall consider:
(1) the need of the economically distressed area to be served by the water supply and sewer services in relation to the need of other political subdivisions requiring financial assistance under this subchapter and the relative costs and benefits of all applications;
(2) the availability to the area to be served by the project of revenue or financial assistance from alternative sources for the payment of the cost of the proposed project;
(3) the financing of the proposed water supply and sewer project including consideration of:
(A) the budget and repayment schedule submitted under Section 17.927(b)(4);
(B) other items included in the application relating to financing; and
(C) other financial information and data available to the board;
(4) whether the county and other appropriate political subdivisions have adopted model rules pursuant to Section 16.343 and the manner of enforcement of model rules; [and]
(5) the feasibility of achieving cost savings by providing a regional facility for water supply or wastewater service and the feasibility of financing the facility by using funds from the economically distressed areas account or any other financial assistance; and
(6) the ability of the applicant to repay the financial assistance.
The amendment to CSSB 2452 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 Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 2452 (senate committee printing), in SECTION 11 of the bill (page 4, line 32), by striking "$400" and substituting "$50".
The amendment to CSSB 2452 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 2452 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: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Hall, Hughes, Paxton, Schwertner, Seliger.
COMMITTEE SUBSTITUTE
SENATE BILL 2452 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 2452 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Birdwell, Buckingham, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Campbell, Creighton, Fallon, Seliger.
The bill was read third time and was passed by the following vote: Yeas 21, Nays 10.
Yeas: Alvarado, Buckingham, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Powell, Rodríguez, Taylor, Watson, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Fallon, Hall, Hughes, Paxton, Schwertner, Seliger.
COMMITTEE SUBSTITUTE
SENATE BILL 1758 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 1758 at this time on its second reading:
CSSB 1758, Relating to the application of certain occupation-related postsecondary educational financial aid and student loan repayment programs.
The motion prevailed.
Senators Kolkhorst, Schwertner, Seliger, and Taylor asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1758 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 61.9821, Education Code, is amended to read as follows:
Sec. 61.9821. REPAYMENT AUTHORIZED. The board shall establish and administer a program to provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for nurses who:
(1) are serving on the faculties of nursing degree programs at institutions to which this subchapter applies [of higher education or private or independent institutions of higher education] in positions that require an advanced degree in professional nursing; and
(2) apply and qualify for the assistance.
SECTION ____. Subchapter JJ, Chapter 61, Education Code, is amended by adding Section 61.98211 to read as follows:
Sec. 61.98211. APPLICABILITY OF SUBCHAPTER. This subchapter applies to:
(1) an institution of higher education;
(2) a private or independent institution of higher education; and
(3) a nonprofit, tax-exempt, regionally accredited college or university operating in accordance with a memorandum of understanding with this state under an executive order issued by the governor.
SECTION ____. Section 61.9822, Education Code, is amended to read as follows:
Sec. 61.9822. ELIGIBILITY. To be eligible to receive loan repayment assistance under this subchapter, a nurse must:
(1) apply to the board;
(2) at the time of application for repayment assistance have been employed full-time for at least one year as, and be currently employed full-time as, a faculty member of a nursing degree program at an institution to which this subchapter applies [of higher education or a private or independent institution of higher education]; and
(3) comply with any additional requirements adopted by board rule.
SECTION ____. Section 61.9823(a), Education Code, is amended to read as follows:
(a) On qualifying for loan repayment assistance under this subchapter, a nurse may receive repayment assistance for each year of full-time employment as a faculty member of a nursing degree program at an institution to which this subchapter applies [of higher education or private or independent institution of higher education], not to exceed five years.
SECTION ____. Section 61.9828(b), Education Code, is amended to read as follows:
(b) The board shall distribute a copy of the rules adopted under this section and pertinent information regarding this subchapter to:
(1) each institution to which this subchapter applies [of higher education and private or independent institution of higher education];
(2) any appropriate state agency; and
(3) any appropriate professional association.
The amendment to CSSB 1758 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 1758 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: Kolkhorst, Schwertner, Seliger, Taylor.
COMMITTEE SUBSTITUTE
SENATE BILL 1758 ON THIRD READING
Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1758 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, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Watson, West, Whitmire, Zaffirini.
Nays: Kolkhorst, Schwertner, Seliger, Taylor.
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 284 to Committee on Health and Human Services.
HB 310 to Committee on Transportation.
HB 510 to Committee on Water and Rural Affairs.
HB 680 to Committee on Education.
HB 721 to Committee on Water and Rural Affairs.
HB 726 to Committee on Water and Rural Affairs.
HB 974 to Committee on Education.
HB 1131 to Committee on Education.
HB 1505 to Committee on Transportation.
HB 1674 to Committee on Intergovernmental Relations.
HB 1676 to Committee on Intergovernmental Relations.
HB 1678 to Committee on Intergovernmental Relations.
HB 1758 to Committee on Health and Human Services.
HB 1780 to Committee on Health and Human Services.
HB 1832 to Committee on Business and Commerce.
HB 1869 to Committee on Health and Human Services.
HB 1899 to Committee on Business and Commerce.
HB 1901 to Committee on State Affairs.
HB 2001 to Committee on Business and Commerce.
HB 2042 to Committee on Business and Commerce.
HB 2043 to Committee on Transportation.
HB 2092 to Committee on Transportation.
HB 2099 to Committee on Business and Commerce.
HB 2111 to Committee on Property Tax.
HB 2112 to Committee on Transportation.
HB 2178 to Committee on State Affairs.
HB 2300 to Committee on Finance.
HB 2348 to Committee on Natural Resources and Economic Development.
HB 2363 to Committee on State Affairs.
HB 2364 to Committee on Business and Commerce.
HB 2439 to Committee on Business and Commerce.
HB 2446 to Committee on Business and Commerce.
HB 2514 to Committee on State Affairs.
HB 2566 to Committee on Health and Human Services.
HB 2586 to Committee on State Affairs.
HB 2604 to Committee on Transportation.
HB 2625 to Committee on Criminal Justice.
HB 2658 to Committee on Business and Commerce.
HB 2691 to Committee on Education.
HB 2726 to Committee on Natural Resources and Economic Development.
HB 2793 to Committee on Business and Commerce.
HB 2909 to Committee on State Affairs.
HB 2913 to Committee on Transportation.
HB 2944 to Committee on Business and Commerce.
HB 2982 to Committee on State Affairs.
HB 3009 to Committee on Education.
HB 3047 to Committee on Intergovernmental Relations.
HB 3078 to Committee on State Affairs.
HB 3386 to Committee on Finance.
HB 3389 to Committee on Health and Human Services.
HB 3529 to Committee on Criminal Justice.
HB 3557 to Committee on Natural Resources and Economic Development.
HB 3598 to Committee on Business and Commerce.
HB 3753 to Committee on Intergovernmental Relations.
HB 3910 to Committee on State Affairs.
HB 4548 to Committee on Intergovernmental Relations.
HB 4733 to Committee on Intergovernmental Relations.
BILLS SIGNED
The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:
SB 2521, SB 2524, SB 2525, SB 2526.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Taylor and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Education might meet and consider HB 1244 tomorrow.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Intergovernmental Relations might meet and consider SB 2548 today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Hall and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Agriculture might meet tomorrow.
CO-AUTHOR OF SENATE BILL 1719
On motion of Senator Lucio, Senator Zaffirini will be shown as Co-author of SB 1719.
CO-AUTHORS OF SENATE BILL 2101
On motion of Senator Birdwell, Senators Bettencourt, Hinojosa, and Lucio will be shown as Co-authors of SB 2101.
CO-AUTHOR OF SENATE BILL 2343
On motion of Senator Creighton, Senator Bettencourt will be shown as Co-author of SB 2343.
CO-AUTHORS OF SENATE BILL 2452
On motion of Senator Lucio, Senators Alvarado, Rodríguez, and Zaffirini will be shown as Co-authors of SB 2452.
CO-AUTHORS OF SENATE JOINT RESOLUTION 67
On motion of Senator Birdwell, Senators Bettencourt, Hinojosa, and Lucio will be shown as Co-authors of SJR 67.
CO-AUTHORS OF SENATE JOINT RESOLUTION 79
On motion of Senator Lucio, Senators Alvarado, Rodríguez, and Zaffirini will be shown as Co-authors of SJR 79.
CO-SPONSOR OF HOUSE BILL 18
On motion of Senator Watson, Senator West will be shown as Co-sponsor of HB 18.
CO-SPONSOR OF HOUSE BILL 1483
On motion of Senator Perry, Senator West will be shown as Co-sponsor of HB 1483.
CO-SPONSORS OF HOUSE BILL 2846
On motion of Senator Huffman, Senators Birdwell and Taylor will be shown as Co-sponsors of HB 2846.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SCR 62 by Hughes, In memory of Martha Leah Williams Morriss.
SR 710 by Hughes, In memory of Richard F. Ulrich.
SR 711 by Hughes, In memory of Walter Derrick.
Congratulatory Resolutions
SR 708 by Creighton, Recognizing Daniel Hannon on the occasion of his retirement.
SR 709 by Creighton, Recognizing Alan B. Benson on the occasion of his retirement.
SR 712 by Hughes, Recognizing Timothy James Scott on the occasion of his retirement.
SR 713 by Schwertner, Recognizing Cathryn Horton on the occasion of her retirement.
SR 714 by Nelson, Recognizing Travis Flowers, Pablo Escobedo, Gregory Lomason, and Junior Defreitas for their lifesaving actions.
SR 715 by Schwertner, Commending Durham Kevin White for achieving the rank of Eagle Scout.
SR 716 by Schwertner, Commending Oleg Michael Dylla for achieving the rank of Eagle Scout.
SR 717 by Schwertner, Commending James Edward Pospisil for achieving the rank of Eagle Scout.
SR 718 by Schwertner, Commending Ryan Patrick Wall for achieving the rank of Eagle Scout.
SR 720 by Schwertner, Commending Nicholas Brainard for achieving the rank of Eagle Scout.
SR 721 by Schwertner, Commending Lucas Mason Rollo for achieving the rank of Eagle Scout.
SR 724 by Birdwell, Recognizing the Friends of Memorial Lane and Hood County citizens on the occasion of National Police Week.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 6:46 p.m. adjourned until 11:00 a.m. tomorrow.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 8, 2019
FINANCE — HB 2048
AGRICULTURE — HB 2321
HEALTH AND HUMAN SERVICES — CSHB 1504, CSSB 1145, HB 558, HB 2425, HB 2107, HB 1418, HB 1256, HB 253, SB 1458
FINANCE — CSHB 4071
TRANSPORTATION — HB 87, HB 693, HB 1039, HB 1249, HB 1656, HB 1769, HB 1779, HB 1856, HB 1858, HB 1969, HB 2351, HB 2551, HB 2615, HB 2899, SB 1738
FINANCE — CSHB 1483
EDUCATION — CSHB 684
ADMINISTRATION — HB 1415, HB 1821, HB 2471, HB 3217, CSSCR 20, HCR 122
HIGHER EDUCATION — HB 277, HB 1702, HB 2963
BILLS ENGROSSED
May 7, 2019
SB 451, SB 629, SB 756, SB 815, SB 911, SB 968, SB 970, SB 1033, SB 1109, SB 1182, SB 1404, SB 1441, SB 1600, SB 1663, SB 1728, SB 1732, SB 1788, SB 1884, SB 1913, SB 2136, SB 2254, SB 2283, SB 2551
BILLS AND RESOLUTIONS ENROLLED
May 7, 2019
SB 649, SB 752, SB 1938, SR 682, SR 701, SR 702, SR 703, SR 704, SR 705, SR 706, SR 707, SR 719
SENT TO GOVERNOR
May 8, 2019
SB 72, SB 225, SB 240, SB 254, SB 320, SB 385, SB 416, SB 497, SB 590, SB 642, SB 649, SB 669, SB 752, SB 925, SB 971, SB 1012, SB 1066, SB 1134, SB 1213, SB 1358, SB 1378, SB 1443, SB 1574, SB 1597, SB 1598, SB 1764, SB 1938, SB 2024, SB 2132, SB 2390