FIFTY-SECOND DAY
(Monday, May 13, 2019)
The Senate met at 11:16 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present: Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Douglas E. Brown, Great Commission Baptist Church, Fort Worth, offered the invocation as follows:
Almighty God, we come before You today to give You honor and praise. You are worthy of praise. You are the source of all that is good. You are the source of all of our blessings. Thank You for every good and perfect gift. Father, we are so thankful for Your goodness, grace, and generosity that You have bestowed on this country. Heavenly Father, we come to You today asking for Your guidance and wisdom as we begin this session. We pray that it will be peaceful, positive, and productive and most of all for the betterment of the residents of this great state. Bless now this meeting and all our leaders. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 13, 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 establishing a joint interim committee to study the cost-effectiveness and feasibility of implementing a pension revenue enhancement plan for the Teacher Retirement System of Texas.
Relating to health benefit plan coverage for hair prostheses for cancer patients.
Relating to notice requirements for a leased dwelling located in a floodplain.
Relating to the authority of certain water districts to exercise the power of eminent domain.
Relating to the definition of first responder.
Relating to hiring and licensing certain veterans as peace officers.
Relating to the powers of county assistance districts.
Relating to the deceptive trade practice of charging exorbitant or excessive prices for necessities during a declared disaster.
Relating to the authority of a county assistance district to provide a grant or loan.
Relating to the authority of the Kickapoo Indian Tribe to commission peace officers.
Relating to a study on state lottery advertisement and promotion.
Relating to required human trafficking prevention training as a condition of registration permit or license renewal for certain health care practitioners.
Relating to an affirmative defense to an allegation of truant conduct.
Relating to the regulation of residential service companies and residential service contracts.
Relating to regulation of the display of signs containing political advertising.
Relating to the manner of reporting and maintaining certain information relating to candidates and election returns.
Relating to political parties.
Relating to the delivery of a recorded marriage license by e-mail.
Relating to the clerk and other personnel of the municipal court of record of the City of Lubbock.
Relating to informing the public about the availability of provisions in protective orders, including provisions regarding pets and other companion animals.
Relating to the appointment, powers, duties, rights, and privileges of special Texas constables.
Relating to the right of a parent appointed as a conservator of a child to attend school activities.
Relating to the membership of the State Board of Dental Examiners.
Relating to the creation of a nonresident brewer's or nonresident manufacturer's agent's permit; authorizing a fee.
Relating to the payment of certain ad valorem tax refunds.
Relating to the business leave time account for a firefighter employee organization in certain municipalities.
Relating to certain requirements to replat certain municipal subdivision plats.
Relating to the Texas Crime Stoppers Council.
HB 3503
Anderson, Charles "Doc"
|
Relating to firearms training for county jailers.
Relating to the salary paid to an official court reporter in certain counties.
Relating to the participation of armed forces members in a marriage ceremony through video conference technology.
Relating to health benefit plan coverage for scalp cooling for cancer patients.
Relating to the creation of a wet debris work group.
Relating to the definition of "closing" for purposes of certain private activity bonds.
Relating to the omission from the ballot of a withdrawing candidate.
Relating to use of an electronic device for accepting voters; authorizing a fee.
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
HB 4236
Anderson, Charles "Doc"
|
Relating to permitting the viewing of certain body worn camera recordings.
Relating to the percentage of voters needed to sign a petition requesting a local option election to prohibit or authorize the sale of alcoholic beverages.
Relating to the authority of a municipal management district to provide public education facilities and public education-related supplemental services.
Relating to the regulation of off-site restaurant services; authorizing a permit; authorizing a fee.
Relating to youth camp abuse complaints and compliance orders.
Relating to insurance coverage for the disposition of embryonic and fetal tissue remains.
Relating to a task force to study access to legal services for persons with disabilities.
Relating to county jails and community mental health programs in certain counties.
Relating to the consideration of floodplain maps in the permitting of certain solid waste facilities.
Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees.
Relating to the creation of the Howe Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Round Rock Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Cole 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 magistrates in Kerr County.
Relating to the creation of the Green Tree Park Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Grayson County Municipal Utility District No. 5; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the board of directors of the Boling Municipal Water District.
Relating to the authority of the Near Northside Management District to impose a sales and use tax.
Relating to the creation of the Rose City Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
Relating to a study regarding the cost of child care in this state in comparison to family income.
Relating to a study on the number of active releasees on a parole officer's caseload.
Relating to the designation of a portion of Farm-to-Market Road 716 in Duval County as the Pete Salinas Trail.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 13, 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 certain meetings of a commissioners court during a disaster or emergency.
HB 288
Thompson, Senfronia
|
Relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.
Relating to the prosecution of the criminal offense of improper relationship between educator and student.
Relating to certain procedures for and relief that may be granted pursuant to an application for a writ of habeas corpus.
Relating to the placement of bleeding control stations in public schools and to required training of public school personnel and students.
Relating to the issuance of specialty license plates for classroom teachers and retired classroom teachers; imposing a fee.
Relating to the Medicaid eligibility of certain women after a pregnancy.
Relating to the termination of the contract of a superintendent of a school district based on malfeasance.
Relating to plot plan requirements for an application for a standard permit for a concrete batch plant issued by the Texas Commission on Environmental Quality.
Relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques.
Relating to the model training curriculum and required training for school district peace officers and school resource officers.
Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality.
Relating to training requirements for a member of the board of trustees of an independent school district.
Relating to the offense of money laundering.
Relating to the transportation or storage of a handgun or other firearm or ammunition by a handgun license holder in a school parking area.
Relating to limitations on adjudication awards arising from certain written contracts with state agencies.
Relating to the operation of, participation in, and effects of successful completion of a mental health court program.
Relating to enhancing the criminal penalty for an aggravated assault causing serious bodily injury that is committed in or on school property or on a passenger transportation vehicle of a primary or secondary school.
Relating to the use of grants under the emergency medical services assistance program and the distribution of certain revenue received by the comptroller.
Relating to weight limitations for over-the-road buses.
Relating to a deduction under the franchise tax for certain contracts with the federal government.
Relating to peer assistance programs for employees of local law enforcement agencies.
Relating to credit toward a defendant's sentence for time confined in jail or prison before sentencing.
Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution and to the provision of services to those persons.
Relating to the carrying of handguns by license holders on property owned or leased by a governmental entity.
Relating to health benefit plan provider networks; providing an administrative penalty; authorizing an assessment.
Relating to the waiver of penalties and interest if an error by a mortgagee results in failure to pay an ad valorem tax.
Relating to the expiration date of a commercial driver's license; increasing a fee.
Relating to the release of defendants on bail.
Relating to the eligibility of a first responder for workers' compensation benefits for post-traumatic stress disorder.
Relating to the informal dispute resolution process for certain disputes between the Health and Human Services Commission and long-term care facilities.
Relating to the prescribing and ordering of Schedule II controlled substances by certain advanced practice registered nurses and physician assistants.
Relating to the criminal consequences of engaging in certain conduct with respect to certain firearm accessories and prohibiting the enforcement of certain federal laws related to certain firearm accessories.
Relating to the area of operation of certain municipal housing authorities.
Relating to the deposit and allocation of certain funds to the horse industry escrow account and to the maximum balance of that account.
Relating to candidates nominated by convention.
Relating to transparency related to drug costs.
Relating to permissible teachers assigned to a bilingual education program and the permissible uses of the bilingual education allotment provided under the foundation school program.
Relating to reporting the number of incidents of bullying and cyberbullying in a school district and open-enrollment charter school through the Public Education Information Management System.
Relating to decedents' estates, transfer on death deeds, and matters involving probate courts.
Relating to the creation of the Texas Industrial Workforce Apprenticeship Grant Program.
Relating to the service of notice of a special commissioners' hearing in an eminent domain proceeding.
Relating to a defense to prosecution for the criminal offense of operating a vehicle with an expired license plate.
Relating to the applicability of competitive bidding requirements to expenditures for certain municipal utility facility relocations.
Relating to the provision of services by the Texas Department of Criminal Justice's developmentally disabled offender program.
Relating to the administration of an examination and issuance of a temporary receipt for a driver's license by an entity other than the Department of Public Safety.
Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.
Relating to powers and duties concerning records of the General Land Office.
Relating to requiring the posting of certain information on an open-enrollment charter school's Internet website regarding the school's governing body.
Relating to the fiscal transparency of special purpose districts and other political subdivisions.
Relating to an exemption for certain purchasing personnel of the Texas Department of Transportation from training on state purchasing.
Relating to a cancer clinical trial participation program.
Relating to the licensing of a home and community support services agency; increasing fees.
Relating to prescribing and dispensing controlled substances and monitoring the prescribing and dispensing of controlled substances under the Texas Controlled Substances Act; providing for administrative penalties.
Relating to programs and initiatives to prevent and respond to opioid addiction, misuse, abuse, and overdose and identify and treat co-occurring substance use disorders and mental illness.
Relating to certain procedures involving a violation of a condition of community supervision committed by a defendant who is the sole caretaker of a child.
Relating to caregivers for certain children, including the identification of caregivers for children in the conservatorship of the Department of Family and Protective Services and an exception from licensing requirements for certain caretakers.
Relating to an appropriation of money from the emergency radio infrastructure account for the planning, development, and provision of an interoperable statewide emergency radio infrastructure.
HB 3424
Thompson, Senfronia
|
Relating to postconviction forensic DNA testing.
Relating to the prosecution and punishment of the criminal offense of harassment; creating a criminal offense.
Relating to filing fees for the electronic filing system established by the Supreme Court of Texas.
Relating to the cancellation of the voter registration of a person finally convicted of a felony.
Relating to the establishment of the Texas Competency-Based Education Grant Program for certain students enrolled in competency-based baccalaureate degree programs and to formula funding and dropped and repeated course restrictions for students enrolled in those degree programs at public institutions of higher education.
Relating to creating an Internet website of certain day-care providers and parenting resources.
Relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction.
Relating to a study on the improvement of driver's license issuance in this state.
HB 3800
Thompson, Senfronia
|
Relating to required reporting of human trafficking cases by certain law enforcement entities and by prosecutors.
Relating to the residential building codes of municipalities.
Relating to granting limited state law enforcement authority to certain federal officers or agents.
Relating to the permitting and taxation of certain boats and boat motors; imposing a fee.
Relating to approval by the attorney general of certain bonds financing an educational facility for certain charter schools.
Relating to the application for and expiration of a license to carry a handgun.
Relating to requests for certain information by the Texas Judicial Council regarding reductions of state jail felony punishment to misdemeanor punishment.
Relating to supplemental environmental projects authorized by the Texas Commission on Environmental Quality.
Relating to employing and training mental health professionals for the mental health program for veterans.
Relating to the system redesign for delivery of Medicaid acute care services and long-term services and supports to persons with an intellectual or developmental disability or with similar functional needs.
Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.
Recognizing the first week of May 2019 as TD Awareness Week.
Relating to adopting a Joint Rule of the Senate and House of Representatives assigning to each bill passed by the legislature a legislative act number.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 13, 2019 - 3
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:
SB 239
Nelson
Sponsor: Button
|
Relating to meetings for certain special purpose districts.
SB 440
Hughes
Sponsor: Schaefer
|
Relating to a suit against The University of Texas at Tyler.
SB 746
Campbell
Sponsor: Cortez
|
Relating to certain procedures associated with voter approval of municipal annexation.
SB 755
Hinojosa
Sponsor: Herrero
|
Relating to the administration, powers, and duties of certain navigation districts.
SB 871
Zaffirini
Sponsor: Cyrier
|
Relating to the creation of the Caldwell County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
SB 926
Hall
Sponsor: Middleton
|
Relating to the operation of a public school transportation system in certain counties.
(Committee Substitute)
SB 1234
Buckingham
Sponsor: Murr
|
Relating to the provision of food service, laundry service, and lawn care to certain mental health facilities and state supported living centers.
SB 1258
Buckingham
Sponsor: Moody
|
Relating to the prosecution of limited liability companies and other business entities under the Penal Code.
SB 1349
Watson
Sponsor: Hinojosa
|
Relating to authorizing the sale of certain real property by the Texas Facilities Commission on behalf of the state.
SB 1500
Zaffirini
Sponsor: Vo
|
Relating to repeal of the waiver of the right to judicial review of a wage claim.
SB 1565
Fallon
Sponsor: Smith
|
Relating to the medical authorization required to release protected health information in a health care liability claim.
SB 1739
Menéndez
Sponsor: Lucio III
|
Relating to payment for care provided by a chiropractor under certain health benefit plans; providing administrative penalties.
SB 1793
Zaffirini
Sponsor: Longoria
|
Relating to purchasing and contracting by governmental entities; authorizing fees.
(Amended)
SB 1794
Zaffirini
Sponsor: Leach
|
Relating to the calculation of costs in interagency contracts between certain state agencies and the State Office of Administrative Hearings.
SB 1819
Campbell
Sponsor: Minjarez
|
Relating to designating May 8 as Military Spouse Appreciation Day.
SB 1835
Alvarado
Sponsor: Hernandez
|
Relating to the creation of the Channelview Improvement District; providing authority to issue bonds; providing authority to impose fees and taxes.
(Committee Substitute)
SB 2245
Paxton
Sponsor: Leach
|
Relating to the enforcement of traffic regulations on a public road that is owned, operated, and maintained by a special district.
SB 2504
Creighton
Sponsor: Bell, Cecil
|
Relating to the creation of the Magnolia Woods Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 306 (104 Yeas, 1 Nays, 1 Present, not voting)
HB 374 (106 Yeas, 0 Nays, 1 Present, not voting)
HB 723 (106 Yeas, 0 Nays, 1 Present, not voting)
HB 1067 (104 Yeas, 2 Nays, 1 Present, not voting)
HB 1422 (98 Yeas, 7 Nays, 1 Present, not voting)
HB 1520 (104 Yeas, 0 Nays, 1 Present, not voting)
HB 1525 (103 Yeas, 3 Nays, 1 Present, not voting)
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
May 13, 2019
Austin, Texas
TO THE SENATE OF THE EIGHTY-SIXTH LEGISLATURE, REGULAR SESSION:
On January 17, 2019, I submitted the name of Robert D. Thomas for appointment to the Texas Workforce Commission 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
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 Friday, May 10, 2019, by Senator Buckingham.
Senator Buckingham moved confirmation of the nominees reported Friday 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.
Judge, 18th Judicial District Court: Sydney Beasley Hewlett, Johnson County.
Members, Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments: Sanjay G. Adhia, Fort Bend County; Robb David Catalano, Tarrant County; James B. Eby, Wichita County; Trenton R. Marshall, Tarrant County; Denise Oncken, Harris County; Rogelio Cesar Rodriguez, El Paso County; Yolanda N. Waters, Galveston County.
Presiding Officer, Board of Directors, Cameron County Regional Mobility Authority: Frank Parker, Cameron County.
Presiding Officer, Board of Directors, Camino Real Regional Mobility Authority: Joyce A. Wilson, El Paso County.
Member, Board of Directors, Gulf Coast Authority: Gloria Anays Milian Matt, Harris County.
Independent Ombudsman, Office of Independent Ombudsman for State Supported Living Centers: George Peter Bithos, Travis County.
Member, Risk Management Board, State Office of Risk Management: Tomás Gonzalez, El Paso County.
Member, State Pension Review Board: Keith Wallis Brainard, Williamson County.
Members, Board of Regents, The Texas A&M University System: Jay Carlton Graham, Harris County; Michael Jay Plank, Harris County.
Member, Texas Alcoholic Beverage Commission: Jason Everett Boatright, Dallas County.
Members, Texas Board of Chiropractic Examiners: Mindy Rae Neal, Parmer County; Ebony Victoria Todd, Coryell County; Debra Lynne White, Nacogdoches County; Scott Dale Wofford, Taylor County.
Members, Texas Board of Nursing: Doris Jean Jackson, Fort Bend County; Mazie Mathews Jamison, Dallas County; Melissa D. Schat, Hood County; Verna Kathleen Shipp, Lubbock County; Kimberly Lynn Wright, Howard County.
Members, Texas Board of Physical Therapy Examiners: Manuel Antonio Domenech, Travis County; Donivan Jay Hodge, Travis County; Barbara Louise Sanders, Travis County; Melissa Ann Skillern, Brazoria County.
Member, Texas Commission of Licensing and Regulation: Nora Castañeda, Cameron County.
Members, State Board of Trustees, Texas Emergency Services Retirement System: Edward J. Keenan, Harris County; Rodney Alan Ryalls, Wichita County; Francisco R. Torres, Willacy County; Stephanie Lynn Wagner, Hays County.
Member, Texas Lottery Commission: Mark Allen Franz, Travis County.
Members, Texas Optometry Board: Mario Gutierrez, Bexar County; Ty Hunter Sheehan, Bexar County; Billy Craig Thompson, Collin County.
Members, Texas Physician Assistant Board: Jennifer Lynn Clarner, Hays County; Lawrence G. Hughes, Denton County; Cameron Jordan McElhany, Travis County; Janith Kay Mills, Dallas County; John Stuart Scott, Tarrant County.
Members, Board of Directors, Texas State Affordable Housing Corporation: Valerie Vargas Cardenas, Hidalgo County; William Henry Dietz, McLennan County; Courtney Johnson Rose, Fort Bend County; Laura Lillian Shipley, Travis County; Andy R. Williams, Tarrant County.
Member, Texas State Board of Acupuncture Examiners: Raymond Jay Graham, El Paso County.
Members, Texas State Board of Examiners of Marriage and Family Therapists: George Franklin Francis, Williamson County; Lisa Vallie Merchant, Callahan County, Anthony Charles Scoma, Travis County; Richmond Earl Stoglin, Tarrant County.
Members, Texas State Board of Examiners of Professional Counselors: Steven Wilson Hallbauer, Rockwall County; Roy Smith, Midland County; Carolyn Jane Stubblefield, Dallas County.
Members, Texas State Board of Examiners of Psychologists: Herman Bernard Adler, Harris County; Ryan Thomas Bridges, Harris County; Andoni Zagouris, Hidalgo County.
Members, Texas State Board of Social Worker Examiners: Megan Marie Graham, Lubbock County; Martha Rightmer Mosier, Brazos County; Audrey J. Ramsbacher, Bexar County.
Members, Board of Regents, Texas Woman's University: Carlos L. Gallardo, Denton County; Robert E. Hyde, Dallas County; Stacie Dieb McDavid, Tarrant County; Mary Pincoffs Wilson, Travis County.
Member, Veterans' Land Board: Gerald Judson Scott, Travis County
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.
There was no objection.
PHYSICIAN OF THE DAY
Senator Buckingham was recognized and presented Dr. Jocelyn Wilson of Temple as the Physician of the Day.
The Senate welcomed Dr. Wilson and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the presence of the Senate: SCR 21, SCR 60.
SENATE RESOLUTION 729
Senator Fallon offered the following resolution:
SR 729, Congratulating Joshua Moer on his selection as the 2018 Trooper of the Year.
The resolution was read and was adopted by a rising vote of the Senate.
GUESTS PRESENTED
Senator Fallon was recognized and introduced to the Senate Joshua Moer and wife, Camela; Jeffrey Jinks; Steven McCraw; Kristi Burchett; and Texas Department of Public Safety officers.
The Senate welcomed its guests.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)
Senator Hughes submitted the following Motion In Writing:
May 13, 2019
Mr. President:
I move suspension of Senate Rule 11.13 to permit the Conference Committee on House Bill 1 to meet during today's session.
HUGHES
The Motion In Writing was read and prevailed without objection.
GUESTS PRESENTED
Senator Hughes, joined by Senators Zaffirini and West, was recognized and introduced to the Senate the family of Vatra Grace Solomon including Amy and Steve Bresnen, Nila and Louis Williams, Mary Elen Williams, Jim and Jennifer Solomon, Andrew Solomon, and Connelly and Joey Breeland and their daughter Kate.
The Senate welcomed its guests and extended its sympathy.
CONCLUSION OF MORNING CALL
The President at 11:49 a.m. announced the conclusion of morning call.
COMMITTEE SUBSTITUTE
HOUSE BILL 4071 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 4071 at this time on its second reading:
CSHB 4071, Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
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 4071 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 CSHB 4071 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 1483 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1483 at this time on its second reading:
CSHB 1483, Relating to a pilot program for assisting certain recipients of public benefits to gain permanent self-sufficiency.
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 1483 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 CSHB 1483 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 638 ON SECOND READING
On motion of Senator Powell and by unanimous consent, the regular order of business was suspended to take up for consideration HB 638 at this time on its second reading:
HB 638, Relating to the issuance of posthumous high school diplomas to certain students.
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 638 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 HB 638 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 804 ON SECOND READING
On motion of Senator Rodríguez and by unanimous consent, the regular order of business was suspended to take up for consideration SB 804 at this time on its second reading:
SB 804, Relating to conditions of community supervision for defendants convicted of certain criminal offenses involving animals.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 804 (senate committee printing) in SECTION 1 of the bill, in amended Article 42A.511(b), Code of Criminal Procedure (page 1, line 24), by striking "42.09,".
The amendment to SB 804 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
SB 804 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 804 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 SB 804 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.
GUEST PRESENTED
Senator Flores was recognized and introduced to the Senate his daughter, Victoria Flores.
The Senate welcomed its guest.
COMMITTEE SUBSTITUTE
HOUSE BILL 2867 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSHB 2867 at this time on its second reading:
CSHB 2867, Relating to the creation of the Sam Houston State University College of Osteopathic Medicine.
The motion prevailed.
Senator Campbell 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: Campbell.
COMMITTEE SUBSTITUTE
HOUSE BILL 2867 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 CSHB 2867 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Campbell.
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 740 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 740 at this time on its second reading:
CSSB 740, Relating to the creation of a state financing program administered by the Texas Public Finance Authority to assist school districts with certain expenses; granting authority to issue bonds or other obligations.
The motion prevailed by the following vote: Yeas 24, Nays 6, Present-not voting 1.
Yeas: Alvarado, Birdwell, Buckingham, Campbell, Flores, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Kolkhorst.
Present-not voting: West.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 740 (senate committee printing) in SECTION 3 of the bill as follows:
(1) In the heading for added Section 1232.1031, Government Code (page 2, line 43), between "ASSIST" and "SCHOOL", insert "CERTAIN".
(2) In added Section 1232.1031, Government Code (page 2, between lines 55 and 56) insert the following
(a-1) The amount of obligations issued by the authority under this section must be for the benefit of school districts with an average daily attendance of 1,600 students or fewer, as determined under Section 42.005, Education Code. Not more than two percent of the obligations issued under this section may be for the benefit of a single school district.
(3) In added Section 1232.1031, Government Code (page 3, lines 22-28), strike Subsection (h) and reletter subsequent subsections of the section accordingly.
The amendment to CSSB 740 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:
Present-not voting: West.
CSSB 740 as amended was passed to engrossment by the following vote: Yeas 24, Nays 6, Present-not voting 1.
Yeas: Alvarado, Birdwell, Buckingham, Campbell, Flores, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Kolkhorst.
Present-not voting: West.
COMMITTEE SUBSTITUTE
SENATE BILL 740 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 740 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 24, Nays 6, Present-not voting 1.
Yeas: Alvarado, Birdwell, Buckingham, Campbell, Flores, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Kolkhorst.
Present-not voting: West.
The bill was read third time and was passed by the following vote: Yeas 24, Nays 6, Present-not voting 1. (Same as previous roll call)
SENATE BILL 586 WITH HOUSE AMENDMENT
Senator Watson called SB 586 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Amendment
Amend SB 586 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the training of peace officers for family violence and sexual assault assignments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.253(b), Occupations Code, is amended to read as follows:
(b) In establishing requirements under this section, the commission shall require courses and programs to provide training in:
(1) the recognition, investigation, and documentation of cases that involve[:
[(A)] child abuse and [or] neglect, [;
[(B)] family violence, [;] and
[(C)] sexual assault, including the use of best practices and trauma-informed response techniques to effectively recognize, investigate, and document those cases;
(2) issues concerning sex offender characteristics; and
(3) crime victims' rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights.
SECTION 2. Section 1701.352(b), Occupations Code, is amended to read as follows:
(b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding:
(A) civil rights, racial sensitivity, and cultural diversity;
(B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments;
(C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and
(D) unless determined by the agency head to be inconsistent with the officer's assigned duties:
(i) the recognition, [and] documentation, and investigation of cases that involve child abuse or neglect, family violence, and sexual assault, including the use of best practices and trauma-informed techniques to effectively recognize, document, and investigate those cases; and
(ii) issues concerning sex offender characteristics.
SECTION 3. Subchapter I, Chapter 1701, Occupations Code, is amended by adding Section 1701.4045 to read as follows:
Sec. 1701.4045. CERTIFICATION OF OFFICERS FOR FAMILY VIOLENCE AND SEXUAL ASSAULT ASSIGNMENTS. (a) The commission by rule shall establish minimum requirements for the training, testing, and certification of special officers for responding to allegations of family violence or sexual assault.
(b) The commission may certify a peace officer as a special officer for responding to allegations of family violence or sexual assault if the person:
(1) completes an advanced training course administered by the commission on recognizing, documenting, and investigating family violence and sexual assault using best practices and trauma-informed techniques; and
(2) passes an examination administered by the commission that is designed to test the person's:
(A) knowledge and recognition of the signs of family violence and sexual assault; and
(B) skill at documenting and investigating family violence and sexual assault using best practices and trauma-informed techniques.
(c) The commission may issue a professional achievement or proficiency certificate to a peace officer who meets the requirements of Subsection (b).
SECTION 4. Not later than January 1, 2020, the Texas Commission on Law Enforcement shall establish the comprehensive education and training program required by Section 1701.253(b), Occupations Code, as amended by this Act.
SECTION 5. As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement shall adopt rules necessary to implement Section 1701.4045, Occupations Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2019.
The amendment was read.
Senator Watson moved to concur in the House amendment to SB 586.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1055 WITH HOUSE AMENDMENT
Senator Zaffirini called SB 1055 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1055 (house committee report) as follows:
(1) On page 2, strike lines 5 and 6 and substitute the following:
(2) be a public, nonprofit, or private entity that is:
(A) authorized under the Education Code or other state law to grant a high school diploma; or
(B) accredited by a regional accrediting body;
(2) On page 3, line 19, strike "one Carnegie unit" and substitute "one credit".
The amendment was read.
Senator Zaffirini moved to concur in the House amendment to SB 1055.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Birdwell, Buckingham, Campbell, 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: Bettencourt, Hughes.
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 29 to Committee on Business and Commerce.
HB 37 to Committee on Criminal Justice.
HB 201 to Committee on Business and Commerce.
HB 292 to Committee on State Affairs.
HB 297 to Committee on Finance.
HB 324 to Committee on Criminal Justice.
HB 388 to Committee on Property Tax.
HB 769 to Committee on Education.
HB 771 to Committee on Transportation.
HB 831 to Committee on State Affairs.
HB 838 to Committee on Transportation.
HB 873 to Committee on Education.
HB 1380 to Committee on State Affairs.
HB 1381 to Committee on Criminal Justice.
HB 1457 to Committee on Criminal Justice.
HB 1469 to Committee on Natural Resources and Economic Development.
HB 1493 to Committee on Transportation.
HB 1607 to Committee on Finance.
HB 1635 to Committee on Business and Commerce.
HB 1662 to Committee on Criminal Justice.
HB 1681 to Committee on Criminal Justice.
HB 1686 to Committee on Criminal Justice.
HB 1771 to Committee on State Affairs.
HB 1782 to Committee on Health and Human Services.
HB 1790 to Committee on State Affairs.
HB 1791 to Committee on State Affairs.
HB 1873 to Committee on Business and Commerce.
HB 1938 to Committee on Transportation.
HB 1992 to Committee on Business and Commerce.
HB 2013 to Committee on Education.
HB 2062 to Committee on Health and Human Services.
HB 2143 to Committee on Business and Commerce.
HB 2155 to Committee on Intergovernmental Relations.
HB 2250 to Committee on Health and Human Services.
HB 2272 to Committee on Natural Resources and Economic Development.
HB 2366 to Committee on State Affairs.
HB 2367 to Committee on Business and Commerce.
HB 2463 to Committee on Water and Rural Affairs.
HB 2504 to Committee on State Affairs.
HB 2511 to Committee on Education.
HB 2588 to Committee on Veteran Affairs and Border Security.
HB 2609 to Committee on Education.
HB 2613 to Committee on State Affairs.
HB 2667 to Committee on Business and Commerce.
HB 2671 to Committee on Intergovernmental Relations.
HB 2782 to Committee on State Affairs.
HB 2784 to Committee on Business and Commerce.
HB 2831 to Committee on State Affairs.
HB 2835 to Committee on Transportation.
HB 2863 to Committee on Transportation.
HB 2978 to Committee on Business and Commerce.
HB 3152 to Committee on Health and Human Services.
HB 3307 to Committee on Health and Human Services.
HB 3356 to Committee on Natural Resources and Economic Development.
HB 3384 to Committee on Property Tax.
HB 3390 to Committee on Health and Human Services.
HB 3490 to Committee on State Affairs.
HB 3511 to Committee on Education.
HB 3704 to Committee on Health and Human Services.
HB 3738 to Committee on Health and Human Services.
HB 3750 to Committee on Intergovernmental Relations.
HB 3755 to Committee on Transportation.
HB 3810 to Committee on Business and Commerce.
HB 3850 to Committee on Transportation.
HB 3863 to Committee on State Affairs.
HB 3879 to Committee on Veteran Affairs and Border Security.
HB 3978 to Committee on Criminal Justice.
HB 3984 to Committee on Business and Commerce.
HB 4130 to Committee on State Affairs.
HB 4348 to Committee on Health and Human Services.
HB 4413 to Committee on Veteran Affairs and Border Security.
HB 4441 to Committee on Criminal Justice.
HB 4468 to Committee on Criminal Justice.
HB 4533 to Committee on Health and Human Services.
HB 4566 to Committee on Criminal Justice.
HCR 133 to Committee on Higher Education.
HCR 140 to Committee on Water and Rural Affairs.
HJR 38 to Committee on Finance.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services 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 State Affairs might meet and consider the following bills today: HB 3706, HB 292, SB 1978.
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 HB 4742 tomorrow.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 12:46 p.m. agreed to adjourn, pending the receipt of Committee Reports, until 11:00 a.m. tomorrow.
CO-AUTHOR OF SENATE BILL 2300
On motion of Senator Powell, Senator Miles will be shown as Co-author of SB 2300.
CO-SPONSOR OF HOUSE BILL 25
On motion of Senator Zaffirini, Senator Lucio will be shown as Co-sponsor of HB 25.
CO-SPONSOR OF HOUSE BILL 156
On motion of Senator Rodríguez, Senator Zaffirini will be shown as Co-sponsor of HB 156.
CO-SPONSOR OF HOUSE BILL 253
On motion of Senator Kolkhorst, Senator Zaffirini will be shown as Co-sponsor of HB 253.
CO-SPONSOR OF HOUSE BILL 381
On motion of Senator Paxton, Senator Zaffirini will be shown as Co-sponsor of HB 381.
CO-SPONSOR OF HOUSE BILL 519
On motion of Senator Miles, Senator West will be shown as Co-sponsor of HB 519.
CO-SPONSOR OF HOUSE BILL 700
On motion of Senator Powell, Senator Zaffirini will be shown as Co-sponsor of HB 700.
CO-SPONSOR OF HOUSE BILL 869
On motion of Senator Hughes, Senator Zaffirini will be shown as Co-sponsor of HB 869.
CO-SPONSOR OF HOUSE BILL 1139
On motion of Senator Miles, Senator West will be shown as Co-sponsor of HB 1139.
CO-SPONSOR OF HOUSE BILL 1465
On motion of Senator Menéndez, Senator Miles will be shown as Co-sponsor of HB 1465.
CO-SPONSOR OF HOUSE BILL 1483
On motion of Senator Perry, Senator Bettencourt will be shown as Co-sponsor of HB 1483.
CO-SPONSOR OF HOUSE BILL 1702
On motion of Senator Hancock, Senator Zaffirini will be shown as Co-sponsor of HB 1702.
CO-SPONSOR OF HOUSE BILL 1965
On motion of Senator Bettencourt, Senator Zaffirini will be shown as Co-sponsor of HB 1965.
CO-SPONSOR OF HOUSE BILL 2441
On motion of Senator Paxton, Senator Birdwell will be shown as Co-sponsor of HB 2441.
CO-SPONSOR OF HOUSE BILL 2817
On motion of Senator Hughes, Senator Whitmire will be shown as Co-sponsor of HB 2817.
CO-SPONSOR OF HOUSE BILL 3809
On motion of Senator Watson, Senator Hughes will be shown as Co-sponsor of HB 3809.
CO-SPONSOR OF HOUSE CONCURRENT RESOLUTION 42
On motion of Senator Alvarado, Senator Zaffirini will be shown as Co-sponsor of HCR 42.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SR 735 by Hughes, Hinojosa, Seliger, Watson, West, Whitmire, and Zaffirini, In memory of Vatra Grace Solomon.
SR 736 by Hughes, In memory of Aaron A. Ard.
HCR 169 (Fallon), In memory of Olin "Cliff" Hand of Royse City.
Congratulatory Resolutions
SR 687 by Taylor, Recognizing M. Theron Waddell on the occasion of his retirement.
SR 731 by Campbell, Recognizing Andrea McWilliams for being named Texas Businesswoman of the Year by the Women's Chamber of Commerce of Texas.
SR 734 by Hinojosa, Recognizing John P. LaRue on the occasion of his retirement.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 10:00 a.m. Tuesday, May 14, 2019, adjourned until 11:00 a.m. today.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 13, 2019
CRIMINAL JUSTICE — CSSB 1492
ADMINISTRATION — HCR 131, HB 2586, HCR 137
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSHB 2402
STATE AFFAIRS — CSHB 2164, CSHB 88, CSHB 872, CSHB 1028
HIGHER EDUCATION — CSHB 1277, CSHB 1735
PROPERTY TAX — HB 1060, HB 861, HB 639, HB 1652, HB 1815, CSHB 994
AGRICULTURE — CSHB 1325
WATER AND RURAL AFFAIRS — HB 1574, HB 3366, HB 2914, HB 4690, HB 2202, HB 191, HB 2846, HB 1537, HB 137, HB 2305, HB 2340, HB 1824
TRANSPORTATION — HB 23
STATE AFFAIRS — SB 1978
TRANSPORTATION — HB 345, HB 519, HB 587, HB 635, HB 819, HB 884, HB 1542, HB 1605, HB 2167, HB 2188, HB 2331, HB 2571, HB 2577, HB 2643, HB 2830, HB 3471, HB 3671, HB 3780, HB 4280, HB 4727
HEALTH AND HUMAN SERVICES — CSHB 16, CSHB 123
FINANCE — HB 2065, HB 2256, HB 2358, HB 3386, HB 3475, HB 4611, HB 4614, HJR 151
HEALTH AND HUMAN SERVICES — CSHB 10
INTERGOVERNMENTAL RELATIONS — HB 2461, HB 1973, HB 1136
HEALTH AND HUMAN SERVICES — CSHB 1070
INTERGOVERNMENTAL RELATIONS — HB 837
EDUCATION — CSHB 906
BILLS ENGROSSED
May 10, 2019
SB 139, SB 207, SB 293, SB 732, SB 869, SB 947, SB 1145, SB 1294, SB 1315, SB 1543, SB 1570, SB 1623, SB 1637, SB 1689, SB 1987, SB 2011, SB 2083
RESOLUTIONS ENROLLED
May 10, 2019
SCR 21, SCR 60, SR 728, SR 730
SENT TO GOVERNOR
May 13, 2019
SCR 21, SCR 60