Wednesday, May 22, 2019 - 58th Day (Cont.)

FIFTY-EIGHTH DAY

(Continued)

(Wednesday, May 22, 2019)

AFTER RECESS

The Senate met at 11:03 a.m. and was called to order by the President.

Rabbi Kelly L. Levy, Congregation Beth Israel, Austin, offered the invocation as follows:

M'kor HaChayim, source of life, we ask for Your blessing over these Texas state leaders as they continue to shape the lives of the millions of people who call Texas home. As these women and men gather today to determine the course of this great state, we are reminded of Rabbi Tarfon's words from hundreds of years ago: You are not obligated to complete the work, but neither are you free to abandon it. O God, we ask You to help these legislators persist in their work to protect the vulnerable amongst us, most especially those suffering from financial hardship, physical and emotional illness, and those burdened by the various challenges presented in their lives. May You guide these leaders to care for all of humanity as we were each created b'tzelem Elohim, in the image of God. And may the compassion You have for all of us be reflected in our leaders today and always. Together, may we all help to create a state filled with love for one another, a love that's bigger than anywhere else, because even love is bigger in Texas. 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.

PHYSICIAN OF THE DAY

Senator Birdwell was recognized and presented Dr. Lesca Hadley of Cleburne, accompanied by Micah Bigby, Clarence Sparks, and Diana Garcia-Garcia, as the Physician of the Day.

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

GUESTS PRESENTED

Senator Buckingham was recognized and introduced to the Senate members of the Brownwood Middle School National Junior Honor Society.

The Senate welcomed its guests.

SENATE RESOLUTION 737

Senator Powell offered the following resolution:

SR 737, Recognizing Freese and Nichols on the occasion of its 125th anniversary.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Powell was recognized and introduced to the Senate Freese and Nichols President and CEO Brian Coltharp, Christine Jacoby, and Charley Mock.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Flores, joined by Senator Menéndez, was recognized and introduced to the Senate the Trinity University Police Department Chief Paul Chapa and John Rowsey.

The Senate welcomed its guests.

HOUSE BILL 2536 ON SECOND READING

Senator Hancock moved to suspend the regular order of business to take up for consideration HB 2536 at this time on its second reading:

HB 2536, Relating to transparency related to drug costs.

The motion prevailed.

Senators Bettencourt, Campbell, Hall, and Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Hancock offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2536 (senate committee report) as follows:

(1) In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code (page 1, line 63), strike "five calendar years or 10" and substitute "three calendar years or 15".

(2) In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code (page 2, line 1), strike "12 months" and substitute "calendar year".

(3) In SECTION 1 of the bill, in added Section 441.0002(c)(5), Health and Safety Code (page 2, line 15), strike "five" and substitute "three".

(4) In SECTION 1 of the bill, in added Section 441.0002(c)(6), Health and Safety Code (page 2, line 18), strike "five" and substitute "three".

(5) In SECTION 1 of the bill, in added Section 441.0002(c)(6), Health and Safety Code (page 2, line 18), immediately following "calendar years;", insert "and".

(6) In SECTION 1 of the bill, in added Section 441.0002(c), Health and Safety Code, strike Subdivisions (7), (8), and (9) (page 2, lines 19-26) and substitute the following:

(7) a statement regarding the factor or factors that caused the increase in the wholesale acquisition cost and an explanation of the role of each factor's impact on the cost.

(7) In SECTION 2 of the bill, in added Section 1369.502, Insurance Code (page 3, between lines 23 and 24), between Subsections (a) and (b), insert the following:

(a-1) Notwithstanding Subsection (a), the report due not later than February 1, 2020, under that subsection must state the required information for the immediately preceding three calendar years in addition to stating the required information for the preceding calendar year. This subsection expires September 1, 2021.

(8) In SECTION 2 of the bill, in added Section 1369.502, Insurance Code, strike Subsection (c) (page 3, lines 30-32) and substitute the following:

(c) Not later than May 1 of each year, the commissioner shall publish the aggregated data from all reports for that year required by this section in an appropriate location on the department's Internet website. The combined aggregated data from the reports must be published in a manner that does not disclose or tend to disclose proprietary or confidential information of any pharmacy benefit manager.

(9) In SECTION 2 of the bill, in added Section 1369.503, Insurance Code, strike Subsection (c) (page 3, lines 51-53) and substitute the following:

The amendment to HB 2536 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.

HB 2536 as amended 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: Bettencourt, Campbell, Hall, Hughes.

HOUSE BILL 2536 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 2536 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 4.

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

Nays: Bettencourt, Campbell, Hall, Hughes.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 4032 ON SECOND READING

Senator Taylor moved to suspend the regular order of business to take up for consideration CSHB 4032 at this time on its second reading:

CSHB 4032, Relating to the regulation, permitting, and taxation of certain boats and boat motors; imposing a fee.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Fallon, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Seliger, Taylor, West, Whitmire, Zaffirini.

Nays: Campbell, Creighton, Hall, Hughes, Schwertner, Watson.

The bill was read second time.

Senator Taylor offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 4032 (senate committee printing) as follows:

(1) In SECTION 4 of the bill, strike added Section 31.041(i), Parks and Wildlife Code (page 2, lines 8-10), and substitute the following:

(i) A person purchasing a vessel may use the temporary facsimile number issued under Subsection (f) for a period not to exceed 45 days from the date the dealer, distributor, or manufacturer applies for a certificate of number or a certificate of title under Subsection (h). The person shall retain the facsimile number on the vessel for the period described by this subsection.

(2) Add the following appropriately numbered SECTIONS to the bill and renumber the subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 31.037(c), Parks and Wildlife Code, is amended to read as follows:

(c) The new owner of a vessel shall, not later than the 45th [~~20th~~] day after the date ownership was transferred, submit an application to the department with:

(1) evidence of ownership;

(2) the new owner's name and address;

(3) the number of the vessel; and

(4) a fee of $2 or an amount set by the commission, whichever amount is more.

SECTION ____. Sections 31.046(a) and (b), Parks and Wildlife Code, are amended to read as follows:

(a) Except as provided in Subsections (b) and (c) of this section, the purchaser of a vessel or an outboard motor shall apply to the department or to a county tax assessor-collector for a certificate of title not later than the 45th day [~~20 days~~] after the date of the sale of the vessel or outboard motor.

(b) A manufacturer or a dealer who sells a vessel or an outboard motor to a person other than a manufacturer or a dealer shall apply to the department or to a county tax assessor-collector for a certificate of title for the vessel or outboard motor in the name of the purchaser not later than the 45th day [~~20 days~~] after the date of the sale.

SECTION ____. Section 31.053(c), Parks and Wildlife Code, is amended to read as follows:

(c) The transferor shall provide the documents or evidence required by Subsection (a) of this section to the department or the transferee, as appropriate, in sufficient time to allow the transferee to register and obtain a certificate of title for the vessel or outboard motor not later than the 45th day [~~20 days~~] after the date of the sale.

SECTION ____. Sections 160.041(c) and (e), Tax Code, are amended to read as follows:

(c) The tax imposed by Section 160.021 is due on the 45th [~~20th~~] working day after the date that the taxable boat or motor is delivered to the purchaser. The purchaser or the seller, if the purchaser paid the tax to the seller, shall pay the tax to the department, to an agent of the department, or to a tax assessor-collector on or before the due date.

(e) The tax imposed by Section 160.022 or 160.023 is due on the 45th [~~20th~~] working day after the date that the taxable boat or motor is brought into this state. The person liable for the tax shall pay the tax to the department or to a tax assessor-collector on or before the due date.

The amendment to CSHB 4032 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.

CSHB 4032 as amended was passed to third reading by the following vote: Yeas 25, Nays 6.

Nays: Campbell, Creighton, Hall, Hughes, Seliger, West.

COMMITTEE SUBSTITUTE
HOUSE BILL 4032 ON THIRD READING

Senator Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 4032 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Nays: Campbell, Creighton, Hall, Hughes, Seliger, West.

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 3703 ON SECOND READING

On motion of Senator Campbell and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3703 at this time on its second reading:

CSHB 3703, Relating to the prescription of low-THC cannabis for medical use by certain qualified physicians to patients with certain medical conditions.

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 3703 ON THIRD READING

Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3703 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.

REMARKS ORDERED PRINTED

On motion of Senator Birdwell and by unanimous consent, the remarks by Senators Birdwell and Campbell regarding CSHB 3703 were ordered reduced to writing and printed in the Senate Journal as follows:

President: Senator Birdwell, for what purpose?

Senator Birdwell: Questions of the author.

President: Do you yield?

Senator Campbell: Yes, Sir.

Senator Birdwell: Thank you, Mr. President. Thank you, Senator Campbell. I want to have a very deliberate conversation with you about this issue, potential direction that we're taking the State of Texas. I want to ask some questions of you and then also provide some comments based upon what I've already heard and experiences. Is there any future objective to have medical practitioners who practice the specialties outside of those listed in your bill, epilepsy, seizure disorders, multiple sclerosis, the others, to have prescribing authority at some future?

Senator Campbell: No. I think it's very important that we have a specialist of the diseases that are listed--

Senator Birdwell: Okay.

Senator Campbell: --to have that interaction with the patient, so no family practice, no other--

Senator Birdwell: Okay, because I--

Senator Campbell: --it's limited.

Senator Birdwell: --I'm happy with that because I don't want to make my medical experience the center of gravity of our conversation, but it is an animator--

Senator Campbell: Yes.

Senator Birdwell: --of what I want to discuss–

Senator Campbell: Yes.

Senator Birdwell: –because I mean, there's a few specialties I've not seen. One of the reasons I like the way and the manner in which you and Representative Klick have written this bill is that it's a very tight shot group.

Senator Campbell: Yes, Sir.

Senator Birdwell: But my concern is, and while I share Senator Menéndez's desire for what you've expressed here in expanding who may receive such compassionate care, I come at this with a highly guarded sense of danger of the direction that this might take us to a recreational use. So, my second question is, do you intend for family practice or nurse practitioners working under doctors with these areas of specialty to have prescribing authority?

Senator Campbell: Absolutely not. And that can be, that'll be in the record.

Senator Birdwell: Because what you and I have seen, scope of practice bills are always extremely difficult, but in this case, because of the nature of the precedent that we are moving toward or that we are setting and the potential direction that this state might take with a future Legislature. I don't want to see this bill turn into a scope of practice battle between doctors in these specialties and nurse practitioners under those specialties or in areas of the state, as large as we are, that may not have these specialties in our more rural counties, to see family practice doctors or some other specialty authorized to do something outside of this scope of practice, simply because of the geographic nature of where those practitioners are in the State of Texas. So, it is not your intention to have nurse practitioners, physician's assistants that work under doctors in these licenses to have prescribing authorities, nor is it your intention that doctors outside of these specialties in parts of the state that don't have a density of these specialties, to at some point be given prescribing authority?

Senator Campbell: That is correct. So, it's not just an intent. We know intent can be one thing, but words on paper are something else, and this clearly, this bill clearly defines it as a physician, doctor, board certified in the specialist, and that specialist approved by the American Board of Medical Specialties.

Senator Birdwell: Okay.

Senator Campbell: This is not, does not apply to anyone practicing outside the medical specialties nor anyone that works for them or under them or that they supervise.

Senator Birdwell: Okay, the primary purpose of the CBD oil, as you have, I shouldn't say primary purpose, but the neurodegenerative diseases, but you also have terminal cancer listed--

Senator Campbell: Yes.

Senator Birdwell: --and it is the one diagnosis that is not neurodegenerative. You know epilepsy, seizures, MS, spastistic ALS, autism, and other incurable neurodegen-- all share neurology as their common theme. Cancers are a separate area of diagnosis, correct?

Senator Campbell: Well, let me just qualify that. Brain hits every, I mean, excuse me, cancer hits every specialty, if you will. Brain cancer, spinal cancer, neuroblastomas, so there is a portion of cancer that is terminal, neurodegenerative, but for the purpose of this, I am speaking in general about terminal cancer.

Senator Birdwell: Okay, so my concern is, are there terminal cancers, because you have, when we spoke about this earlier, it's terminal cancers primarily because of the pain generated by terminal cancers, not the fact that it's cancer in general, but that it is terminal, thus causing certain amounts of pain because of its terminal nature of cancer?

Senator Campbell: Right, that's a fair statement. We're dealing with the pain. Also, this can help nausea, that as you can have bowel obstruction and some other problems with where the cancer is, it can also help nausea, but again, that is left between the specialist and the patient.

Senator Birdwell: Okay, is the, are there cancers that, though terminal, are either less painful or not painful in your specialty, and as a medically trained doctor, I submit to your knowledge and authority here. What I'm very trying to hone in on--

Senator Campbell: Yes.

Senator Birdwell: --is that it's pain related to terminal cancers, and I don't want this, no pun intended meant whatsoever, but I don't want this bill to metastasize into a pain management bill.

Senator Campbell: Right.

Senator Birdwell: Where now it's not related to cancer, it's now just simply pain.

Senator Campbell: And that is a good question and for some that are concerned about whether this is a slippery slope and where are we--

Senator Birdwell: I'm more concerned it's a cliff--

Senator Campbell: Yeah.

Senator Birdwell: --Senator, but that's why we're having a very--

Senator Campbell: A very candid conversation.

Senator Birdwell: --very sound conversation.

Senator Campbell: Yes, yes, yes. There are, it is for, it's terminal cancer, pain associated with terminal cancer. And I think I may have lost--

Senator Birdwell: But the oncologist--

Senator Campbell: --your question.

Senator Birdwell: --the oncologist will be the one, because look, I've had a--

Senator Campbell: Yes, yes.

Senator Birdwell: --I've had a pain management doctor walk into my room the day after I came out of ICU. I don't want this to turn into, now we've added, we're going to add pain management specialists, and it's Katy, bar the door.

Senator Campbell: Well, so to your point, initially, I thought any doctor-patient relationship was good enough, but I put belt and suspenders and defined it to just those specialists that deal with those--

Senator Birdwell: Right, because here's--

Senator Campbell: --type of diagnosis, those type of patients.

Senator Birdwell: –here's the reason I ask the specificity of the question, and I'll revert to my personal medical experience. While my experience was not neurological, actually there was a part of it that was, because of the vestibulopathy I had, doctor, but--

Senator Campbell: Yes, Sir.

Senator Birdwell: --but there was a part of it that was, that I had to be referred to a neurologist for some of the, and an OTO doc, for some of the inner ear damage as a result of some of the aminoglycosides.

Senator Campbell: I can only imagine.

Senator Birdwell: But point I'm getting at is, all the medical professionals that I dealt with and I continue to deal with, none have ever said I needed CBD. Now, granted, the bulk of the rigor of my experience was 2001 to 2005. While that's very valid experience, its shelf life as it relates to advances in medical technology is very different. So, I'm open to this consideration that you've put in here, again, because I think you've crafted the bill very tightly. I'm just very concerned that we're going to rush, again, with all respect to Senator Menéndez, I wouldn't be comfortable going any further than this because of what I'm seeing in Colorado, Washington, and Oregon and what's happening in those states, I am highly guarded. And that's why I want to have this conversation with you.

Senator Campbell: And, Senator Birdwell, that's why we've put restraints on this bill, kept it narrowly crafted. So, I appreciate that. I share your concerns for any movement toward jumping, I mean, this going over the cliff for legalizing marijuana. I am not for legalizing marijuana. I don't think that's a surprise to anyone.

Senator Birdwell: Is there a, the reason I ask the question about types of cancer is are there cancers that are terminal that don't require CBD as a pain--

Senator Campbell: Pain, yes.

Senator Birdwell: --or do you know if there are?

Senator Campbell: You know, there's likely to be some out there. There are so many cancers, but even a squamous cell, which is a skin cancer gone wild, can have pain, because eventually, as cancer metastasizes, it starts affecting nerves, nerve endings, and that's where you start getting your pain. So, whether it's headaches from glioblastoma or belly pain because of cancer, so I cannot say that there are some cancers that do not have pain, but what I can say is that the decision between a doctor and a patient, the oncologist, the specialist and somebody who's got terminal cancer, it's up to them, and at some point, I've got to leave it to the doctor's discretion. There is, I hope nothing in this bill that--

Senator Birdwell: Okay.

Senator Campbell: --is the nose of the camel under the tent for legalizing marijuana.

Senator Birdwell: Is there any contemplation of CBD oil use for cancer that is nonterminal?

Senator Campbell: No.

Senator Birdwell: Is there any contemplation in the bill that you would intend at some future date that you mentioned you took research out--

Senator Campbell: Yes.

Senator Birdwell: --exactly what the research was, I don't know, but some sort of data analysis, is there any contemplation of changing the percentage from low THC at .5 to something that would be measured as moderate or high THC?

Senator Campbell: I can tell you I did start with that. I started with less than one percent. There's more information for .5, but what we've been able to see is the last four years when it was first passed in '15, we haven't seen any problems or movement toward legalizing marijuana any more by having that, so I think .5 is safe. Now, the bill does not imply that we're going any higher. Is it my intention, my intention is to watch for research, see what it shows. It's not my intention to go further, higher, that's probably not a good term. It's not my intention to increase the percentage of THC without some substantial data, good quality.

Senator Birdwell: Okay. You mentioned data--

Senator Campbell: And research, it's not just data, but it's research.

Senator Birdwell: But that takes me to my next question that, does the Texas Medical Board, or is there a private entity out there does it, because look, I've had, what makes this session different for me, in previous sessions, I've had individuals come in, talk to my staff that I knew that their ultimate end stake, based upon, you know, Facebook pages, other things, their ultimate end stake was full recreational legalization.

Senator Campbell: Yes.

Senator Birdwell: But they were in talking to me about medical use of marijuana.

Senator Campbell: Yes.

Senator Birdwell: So, that caused me suspect in their motivations for why they were, because it's, you win your battles in Ashkelon, and to get the full recreational, you know–

Senator Campbell: One step at a time.

Senator Birdwell: –are we going down that road as we've talked. But what made this session different for me was that I had some parents, parents of Blake--

Senator Campbell: The disorder.

Senator Birdwell: --others, people that aren't ness-- you know, that have the same cautions that I do, that said there may be some potential here. So, it told me there's a different motivation. I was doing my best, as the Lord says, be discerning, and so that caused me some, a slightly different perspective in how I looked at what might be some potential here. But I want to make sure that it's research that is unbiased, that it's research that, because look, I have yet to have competent medical authority come in and tell me this is the right thing to do. You're the first doctor to tell me this is the right thing to do. I've had a bunch of people interested in something else tell me it's the right thing to do, but you're the first doctor to tell me that. And I've seen a lot of doctors in my last 18 years, doc, but so does the Medical Board have some mechanism to give us unbiased analysis of that research? Or is there some other entity that the state has to give us authenticated view of that research, as opposed to a biased, or partisan's not the right word, but an agenda-driven research result?

Senator Campbell: That's a good question. I will say that I don't believe the Texas Medical Board has that even on their radar. Their board is more complaint driven, trying to protect the public, the general welfare, and make sure doctors are doing what they're supposed to do.

Senator Birdwell: They were up for Sunset this go around. This wasn't any part of that, so.

Senator Campbell: Alright, no, so to answer your question specifically about the Texas Medical Board, no. Now, I can tell you that this has DPS oversight from the dispensaries to physicians, the registry. Now, again, since it was passed in '15, there doesn't seem to have been problem. We will now look what happens over the next two years, and sometimes you say you can't take the genie out of the bottle, but we most certainly can tighten up the neck of that if we find that there's misuse, mishandling, misprescribing by physicians. We've tried to tie it narrowly. Physicians really walk, you know, whenever you're talking about specialists, they're trying to walk the line, so--

Senator Birdwell: Well, here's the--

Senator Campbell: --I'd say DPS is probably the closest thing we have. Do we have a specific agency or group that's going to measure the data, monitor it, other than DPS, I don't think so.

Senator Birdwell: What I don't want to see happen is either CBD be the bridge to full recreational ma-- you know–

Senator Campbell: Yes, yes.

Senator Birdwell: –recreational usage. I also don't want to see it, in its current format, become the next opioid crisis.

Senator Campbell: Yes.

Senator Birdwell: But what are the mechanisms in place to ensure that? And it sounds like we haven't contemplated that yet here.

Senator Campbell: Well, I think that we limited it. It's not as easy to get. It is, there's only three dispensaries that do this, sell this. It's expensive, but saying all that aside, we can do something today to help families even though we don't have, I mean, with these diagnoses, even though we don't have great data. And as I said at the onset, that's the arena I'm used to practicing in. We can't control what the next legislative body will do, what even the makeup of the Chamber would look like, so I can't speak to that. I can only speak to what this bill directs, and, you know, if I need to come back and do something more, because we have seen some missteps, I'll be the first to lead on that.

Senator Birdwell: I would certainly appreciate that.

Senator Campbell: You're welcome, Senator.

Senator Birdwell: I have another question, Madame Senator, and then there's a couple of points I want to make. Is there a possibility, you mentioned the ABM Specialties or the Bureau of Osteopathic Specialties, is there a possibility that those two organizations could make a change to their specializations and what they sanction that would inherently expand prescribing authority based upon your legislation here, that would expand medical professionals based upon their change in certifications, that would expand the medical professionals that you did not contemplate in this legislation?

Senator Campbell: No, because it says--

Senator Birdwell: Okay, two private boards will not be able to make a decision that has the inverse effect in the State of Texas law that you have not contemplated here?

Senator Campbell: Correct, I mean, you can become a specialist in THC, cannabis, treatment of cannabis, whatever, that is not a specialty that is, if a board opens it up for a specialty like that, that does not meet the diagnosis requirements for the specialists. So, it's not going to make them a cancer doctor.

Senator Birdwell: I just want to make sure that in the way you've structured the bill, decisions by a non-legislative body, but a medical board will inherently expand, as you've got it written in the state law.

Senator Campbell: A board can open up specialties however they want, whatever criteria they base it on. But the bill says you've got to be a specialist in that disease, so can't speak to what they would do. And let me tell you, Senator Birdwell, you're bringing up great questions, and it is definitely something that I think I need to come back with next session–it's late in the session–and maybe put, look at what we've talked about and bring in some legislation just to provide some security, some assurity of the bill.

Senator Birdwell: I also want to mention, I want to tell you something in your capacity, not just as a doctor, but as Chair of the Committee on Veteran Affairs and Border Security. There are challenges that you're seeing, and I mean no disrespect to our fellow sovereign states of Colorado, Oregon, Washington and others, but you're already seeing a black market for high THC in Colorado, the nature of destruction of lives and opportunity from the misuse of recreational marijuana. I've got employers in my district that tell me about their concerns, particularly with younger employees, but finding folks that can pass a drug test. I don't want the State of Texas to move to a future state endorsement of such challenges, and that's why I'm so concerned with this bill, not as it is–

Senator Campbell: But how it could be.

Senator Birdwell: –but the step of, that it must be to get to some future state, thus my concern with what Senator Menéndez has said. I don't think he wants full recreational use, but I am highly cautious at the direction in the state, the steps that we are taking here. What wounds my heart most, though, Senator, in your capacity as Chair of Veteran Affairs, is that there are those out there that would leverage in the name of compassion, veterans who wear the scars or the missing limbs that no one wants to say no to--

Senator Campbell: Yes, Sir.

Senator Birdwell: --that would leverage that compassion and that desire not to say no to veterans, that will use that leverage and as my discernment informs me to the full legalization of recreational marijuana. Members, I want you to understand what I'm about to tell you. We will do a major disservice to our state, and I would admonish this body to not let my scars or those of other veterans cause us to endorse such a policy. One of my most famous constituents, Chris Kyle, is deceased because of multi-year marijuana user who claimed in his murder trial to have PTSD. Fortunately, there were 12 Texans in that jury box from Stephenville that didn't buy that. And from the conversation you had with Senator Lucio about what we found in veterans who have committed suicide for THC, I want to make sure that we don't put us down that road. Senator, I think you have crafted the bill correctly. You and Representative Klick, I should say, have crafted the bill correctly. I will support it. But I will not allow it to become the road to perdition for Texas that has manifested itself in Colorado and other states. Thank you for your work, Madame, Ma'am.

Senator Campbell: Thank you, Senator Birdwell. I appreciate the comments, the questions, and I agree and will support that.

HOUSE BILL 2868 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration HB 2868 at this time on its second reading:

HB 2868, Relating to the procurement of interior design services by a governmental entity.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Alvarado, Bettencourt, Buckingham, Creighton, Flores, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays: Birdwell, Campbell, Fallon, Hall, Hughes, Paxton.

The bill was read second time and was passed to third reading by the following vote: Yeas 25, Nays 6. (Same as previous roll call)

HOUSE BILL 2868 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 2868 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Nays: Birdwell, Campbell, Fallon, Hall, Hughes, Paxton.

The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)

(President Pro Tempore Watson in Chair)

HOUSE CONCURRENT RESOLUTION 133
ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration HCR 133 at this time on its second reading:

HCR 133, Directing the Texas Higher Education Coordinating Board to conduct a study on the creation of a divinity program at Texas Southern University.

The motion prevailed.

Senator Hancock asked to be recorded as voting "Nay" on suspension of the regular order of business.

The resolution was read second time and was adopted by the following vote: Yeas 30, Nays 1.

Nays: Hancock.

COMMITTEE SUBSTITUTE
HOUSE BILL 2718 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration CSHB 2718 at this time on its second reading:

CSHB 2718, Relating to authorizing an increase in the student union fee at The University of Texas at Arlington.

The motion prevailed.

Senators Creighton, Fallon, Hall, Hughes, and Paxton 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 the following vote: Yeas 26, Nays 5.

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

Nays: Creighton, Fallon, Hall, Hughes, Paxton.

COMMITTEE SUBSTITUTE
HOUSE BILL 2718 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 CSHB 2718 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 5.

Nays: Creighton, Fallon, Hall, Hughes, Paxton.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

HOUSE BILL 4157 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration HB 4157 at this time on its second reading:

HB 4157, 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.

The motion prevailed.

Senator Paxton 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: Paxton.

HOUSE BILL 4157 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 4157 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Paxton.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 4182 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration CSHB 4182 at this time on its second reading:

CSHB 4182, Relating to an intercollegiate athletics fee at the University of North Texas at Dallas.

The motion prevailed.

Senators Creighton, Fallon, Hall, and Hancock 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: Creighton, Fallon, Hall, Hancock.

COMMITTEE SUBSTITUTE
HOUSE BILL 4182 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 CSHB 4182 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, Flores, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays: Creighton, Fallon, Hall, Hancock.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 3317 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3317 at this time on its second reading:

CSHB 3317, Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes.

The bill was read second time.

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3317 (senate committee printing) as follows:

(1) Strike SECTION 9 of the bill (page 2, lines 32-39) and renumber subsequent SECTIONS of the bill accordingly.

(2) In SECTION 11 of the bill (page 2, line 49), add the following appropriately numbered subdivision to that SECTION and renumber the subsequent subdivisions of that SECTION accordingly:

(__) the dedicated account in the general revenue fund for proceeds from the sale of certain historic property, created by House Bill No. 1422 or similar legislation;

(3) In SECTION 12 of the bill, strike Subdivision (1) of that SECTION (page 3, lines 33-35) and renumber the subsequent subdivisions of that SECTION accordingly.

(4) In SECTION 12 of the bill, strike Subdivision (5) of that SECTION (page 3, lines 43-45) and renumber the subsequent subdivisions of that SECTION accordingly.

(5) In SECTION 12 of the bill (page 3, line 24), add the following appropriately numbered subdivisions to that SECTION and renumber the subsequent subdivisions of that SECTION accordingly:

(__) the Texas infrastructure resiliency fund, created as a special fund in the treasury by Senate Bill No. 7 or similar legislation;

(__) the tax reduction and excellence in education fund, created as a special fund in the treasury by House Bill No. 3 or similar legislation;

(6) In SECTION 13 of the bill (page 3, line 66), add the following appropriately numbered subdivision to that SECTION and renumber the subsequent subdivisions of that SECTION accordingly:

(__) the dedication of the proceeds from the sale, lease, or other disposition of certain state property to the Texas capital trust fund provided by House Bill No. 4541 or similar legislation;

(7) Add the following appropriately numbered SECTIONS to the bill and renumber the subsequent SECTIONS of the bill accordingly:

SECTION ____. COMMERCIAL GULF SHRIMP UNLOADING LICENSING FEE; DEDICATION OF REVENUE. (a) Section 77.034(d), Parks and Wildlife Code, is amended to read as follows:

(d) The fee for a commercial gulf shrimp unloading license is $1485, or an amount set by the commission, whichever amount is more. Revenue from the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032.

(b) Section 2 of this Act does not apply to money dedicated to the game, fish, and water safety account by Section 77.034(d), Parks and Wildlife Code, as amended by this Act.

SECTION ____. CLEAN AIR ACCOUNT; DEDICATION OF REVENUE. (a) Section 382.05155(d), Health and Safety Code, is amended to read as follows:

(d) The commission by rule may add a surcharge to an application fee assessed under this chapter for an expedited application in an amount sufficient to cover the expenses incurred by the expediting, including overtime, contract labor, and other costs. The surcharge is considered part of the application fee and shall be deposited with the fee to the credit of the clean air account established under Section 382.0622(b).

(b) Section 2 of this Act does not apply to the dedication of money made by Subsection (a) of this section.

SECTION ____. WATER RESOURCE MANAGEMENT ACCOUNT; DEDICATION OF REVENUE. (a) Section 28A.101(c), Water Code, is reenacted to read as follows:

(c) Registration fees collected under this section shall be deposited in the water resource management account and may be used only to implement this chapter.

(b) Money dedicated by Section 28A.101(c), Water Code, as added by Chapter 107 (H.B. 571), Acts of the 82nd Legislature, Regular Session, 2011, to the water resource management account for the purposes described by Section 28A.101(c) is rededicated by this Act, and Section 2 of this Act does not apply to the rededication of that money.

The amendment to CSHB 3317 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.

CSHB 3317 as amended 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 3317 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3317 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 4390 ON SECOND READING

Senator Nelson moved to suspend the regular order of business to take up for consideration CSHB 4390 at this time on its second reading:

CSHB 4390, Relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.

The motion prevailed.

Senator Creighton 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: Creighton.

COMMITTEE SUBSTITUTE
HOUSE BILL 4390 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 4390 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Creighton.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 4150 ON SECOND READING

On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 4150 at this time on its second reading:

CSHB 4150, Relating to safety and inspection requirements for certain utilities that provide electricity.

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 4150 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 CSHB 4150 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 3285 ON SECOND READING

Senator Huffman moved to suspend the regular order of business to take up for consideration HB 3285 at this time on its second reading:

HB 3285, 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.

The motion prevailed.

Senators Creighton and Hall asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Huffman offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3285 (senate committee report) as follows:

(1) In SECTION 5 of the bill, in added Section 461A.058, Health and Safety Code (page 2, line 38) strike "implement" and substitute "operate".

(2) In SECTION 5 of the bill, in added Section 461A.059, Health and Safety Code (page 2, line 51) strike "establish" and substitute "operate".

(3) In SECTION 11 of the bill (page 4, line 18), between "SECTION 11." and "Not", insert "(a)".

(4) In SECTION 11 of the bill (page 4, between lines 24 and 25), insert the following:

(b) Notwithstanding Subsection (a) of this section, if an opioid misuse public awareness campaign described by Section 461.058, Health and Safety Code, as added by this Act, is already in operation as of the effective date of this Act, the Health and Human Services Commission and the Department of State Health Services may continue to operate that public awareness campaign to satisfy the requirements of that section.

(c) Notwithstanding Subsection (a) of this section, if an opioid antagonist program described by Section 461A.059, Health and Safety Code, as added by this Act, is already in operation as of the effective date of this Act, the Health and Human Services Commission may continue to operate that program to satisfy the requirements of that section.

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. A state agency is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the state agency may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

The amendment to HB 3285 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 Watson offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 3285 (senate committee printing) by inserting the following appropriately numbered sections and renumbering the remaining sections accordingly:

SECTION ____. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9362 to read as follows:

Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL ADVISORS AND STUDENT ORGANIZATION OFFICERS. (a) In this section:

(1) "Public or private institution of higher education" includes an "institution of higher education" and a "private or independent institution of higher education," as those terms are defined by Section 61.003.

(2) "Residential advisor" means a student who is employed by a public or private institution of higher education to serve in an advisory capacity for students living in a residential facility.

(3) "Residential facility" means a residence used exclusively for housing or boarding students or faculty of a public or private institution of higher education.

(4) "Student organization" includes any organization that is composed mostly of students enrolled at a public or private institution of higher education and that:

(A) is registered with the institution;

(B) receives student organization resource fee revenues or other funding from the institution; or

(b) A public or private institution of higher education that imposes any mandatory training requirements on residential advisors or officers of student organizations must ensure that overdose awareness and appropriate response training is included with that training.

SECTION ____. Section 51.9362, Education Code, as added by this Act applies beginning with training required for the 2019-2020 academic year.

The amendment to HB 3285 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.

HB 3285 as amended 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: Creighton, Hall.

HOUSE BILL 3285 ON THIRD READING

Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3285 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, Fallon, Flores, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays: Creighton, Hall.

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 1941 ON SECOND READING

Senator Watson moved to suspend the regular order of business to take up for consideration CSHB 1941 at this time on its second reading:

CSHB 1941, Relating to unconscionable prices charged by certain health care facilities for medical care.

The motion prevailed.

Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Watson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1941 (senate committee printing), in SECTION 1 of the bill, by striking added Section 17.464(a)(2), Business & Commerce Code (page 1, lines 44 through 49), and substituting the following:

(2) "Emergency facility":

(A) means:

(i) a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or

(ii) a hospital that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); and

(B) does not include a hospital that:

(i) has been operating as a hospital for less than one year;

(ii) has submitted an application to a federally recognized accreditation program for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); and

(iii) has not failed an accreditation for certification.

The amendment to CSHB 1941 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.

CSHB 1941 as amended 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: Schwertner.

COMMITTEE SUBSTITUTE
HOUSE BILL 1941 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1941 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Schwertner.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 2805 ON SECOND READING

On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2805 at this time on its second reading:

HB 2805, Relating to regulations for taking marl, sand, gravel, shell, or mudshell.

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 2805 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 HB 2805 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.

AT EASE

The President at 1:11 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

The President at 1:39 p.m. called the Senate to order as In Legislative Session.

COMMITTEE SUBSTITUTE
HOUSE BILL 3745 ON SECOND READING

Senator Birdwell moved to suspend the regular order of business to take up for consideration CSHB 3745 at this time on its second reading:

CSHB 3745, Relating to the Texas emissions reduction plan fund and account.

The motion prevailed.

Senators Bettencourt, Creighton, Hall, and Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Birdwell offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3745 (senate committee printing) by striking all below the enacting clause and substituting the following:

SECTION 1. Section 151.0515(d), Tax Code, is amended to read as follows:

(d) This section expires August 31, 2021 [~~2019~~].

SECTION 2. Section 152.0215(c), Tax Code, is amended to read as follows:

SECTION 3. Section 501.138(b-3), Transportation Code, is amended to read as follows:

(b-3) This subsection and Subsection (b-2) expire August 31, 2021 [~~2019~~].

SECTION 4. Section 502.358(c), Transportation Code, is amended to read as follows:

SECTION 5. The heading to Section 548.5055, Transportation Code, is amended to read as follows:

Sec. 548.5055. TEXAS EMISSIONS [~~EMISSION~~] REDUCTION PLAN FEE.

SECTION 6. Sections 548.5055(b) and (c), Transportation Code, are amended to read as follows:

(b) The department shall remit fees collected under this section to the comptroller at the time and in the manner prescribed by the comptroller for deposit in the Texas emissions [~~emission~~] reduction plan fund.

SECTION 7. Sections 8(a-2) and (b), Chapter 755 (S.B. 1731), Acts of the 85th Legislature, Regular Session, 2017, are repealed.

SECTION 8. This Act takes effect August 30, 2019.

The amendment to CSHB 3745 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.

CSHB 3745 as amended 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: Bettencourt, Creighton, Hall, Hughes.

(Senator Hancock in Chair)

COMMITTEE SUBSTITUTE
HOUSE BILL 4258 ON SECOND READING

Senator Campbell moved to suspend the regular order of business to take up for consideration CSHB 4258 at this time on its second reading:

CSHB 4258, Relating to review and approval by the attorney general of certain bonds financing an educational facility for certain charter schools.

The motion prevailed by the following vote: Yeas 22, Nays 9.

Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Lucio, Nelson, Nichols, Powell, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays: Buckingham, Johnson, Kolkhorst, Menéndez, Miles, Paxton, Perry, Rodríguez, Schwertner.

The bill was read second time and was passed to third reading by the following vote: Yeas 21, Nays 10.

Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Miles, Nelson, Paxton, Schwertner, Seliger, Taylor, Watson, West, Zaffirini.

Nays: Buckingham, Johnson, Kolkhorst, Lucio, Menéndez, Nichols, Perry, Powell, Rodríguez, Whitmire.

COMMITTEE SUBSTITUTE
HOUSE BILL 4258 ON THIRD READING

Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 4258 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 6.

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

Nays: Johnson, Menéndez, Nichols, Powell, Rodríguez, Whitmire.

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10.

Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Fallon, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Miles, Nelson, Paxton, Schwertner, Seliger, Taylor, Watson, West, Zaffirini.

Nays: Buckingham, Johnson, Kolkhorst, Lucio, Menéndez, Nichols, Perry, Powell, Rodríguez, Whitmire.

HOUSE BILL 3384 ON SECOND READING

On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3384 at this time on its second reading:

HB 3384, Relating to the authority of the comptroller to conduct a limited-scope review of an appraisal district located in an area declared by the governor to be a disaster area.

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 3384 ON THIRD READING

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3384 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 3371 ON SECOND READING

On motion of Senator Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3371 at this time on its second reading:

HB 3371, Relating to the regulation of certain battery-charged fences by municipalities and counties.

The bill was read second time.

Senator Taylor offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3371 (senate committee report) in SECTION 1 of the bill, in added Section 250.009(c)(2), Local Government Code (page 1, line 59), between "standards" and "described", by inserting the following:

(2) set by the International Electrotechnical Commission as published on June

29, 2018 or alarm system

(3)

The amendment to HB 3371 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.

HB 3371 as amended 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 3371 ON THIRD READING

Senator Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3371 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 4205 ON SECOND READING

Senator Perry moved to suspend the regular order of business to take up for consideration HB 4205 at this time on its second reading:

HB 4205, Relating to accountability intervention provisions applicable to school district campuses, including the conditions under which a closed campus may be repurposed to serve students at that campus location and the creation of accelerated campus excellence turnaround plans.

The motion prevailed.

Senators Alvarado, Menéndez, Rodríguez, and Whitmire asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Perry offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 4205 (senate committee report) as follows:

(1) In SECTION 1 of the bill, in added Section 39A.105(b)(3), Education Code, strike page 2, lines 1 through 7, and substitute the following:

(3) that at least 60 percent of the classroom teachers assigned to the campus be teachers who demonstrated instructional effectiveness during the previous school year, with instructional effectiveness determined by:

(A) for a teacher who taught in the district during the previous school year:

(i) the teacher's impact on student growth as determined using a locally developed value-added model that measures student performance on at least one assessment selected by the district;

(2) In SECTION 1 of the bill, in added Section 39A.105(b)(3)(B), Education Code (page 2, line 15), strike "quartile" and substitute "half".

(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter C, Chapter 39A, Education Code, is amended by adding Section 39A.116 to read as follows:

Sec. 39A.116. COMMISSIONER AUTHORITY. A decision by the commissioner under this subchapter is final and may not be appealed.

The amendment to HB 4205 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 Watson offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 4205 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in added Section 39A.105(b)(5)(D), Education Code (page 2, line 30), strike "and" after the underlined semicolon.

(2) In SECTION 1 of the bill, following added Section 39A.105(b)(5)(E), Education Code (page 2, between lines 33 and 34), insert the following:

(F) providing student services before or after the instructional day that improve student performance, which may include tutoring, extracurricular activities, counseling services, and offering breakfast, lunch, and dinner to all students at the campus; and

The amendment to HB 4205 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.

HB 4205 as amended 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, Menéndez, Rodríguez, Whitmire.

HOUSE BILL 4205 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 4205 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 4.

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

Nays: Alvarado, Menéndez, Rodríguez, Whitmire.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 3231 ON SECOND READING

Senator Fallon moved to suspend the regular order of business to take up for consideration CSHB 3231 at this time on its second reading:

CSHB 3231, Relating to the regulation of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories by a county or municipality.

The motion prevailed by the following vote: Yeas 21, Nays 10.

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

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

The bill was read second time.

Senator Fallon offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3231 (committee printing) on page 3 between lines 10 and 11 by adding subsection (g) as follows:

(g) This section does not limit the enforceability of any state or federal law.

The amendment to CSHB 3231 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.

CSHB 3231 as amended was passed to third reading by the following vote: Yeas 21, Nays 10.

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

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

HOUSE BILL 2041 ON SECOND READING

On motion of Senator Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2041 at this time on its second reading:

HB 2041, Relating to the regulation of freestanding emergency medical care facilities.

The bill was read second time.

Senator Taylor offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2041 (senate committee report) as follows:

(1) In SECTION 6 of the bill, immediately following added Section 254.156(i), Health and Safety Code (page 3, between lines 51 and 52), insert the following:

(j) A facility's failure to obtain the signed disclosure statement required by this section from the patient or the patient's legally authorized representative may not be a determining factor in the adjudication of liability for health care services provided to the patient at the facility.

(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ___. The Health and Human Services Commission and the Department of State Health Services are required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission and department may, but are not required to, implement a provision of this Act using other appropriations available for that purpose.

The amendment to HB 2041 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.

HB 2041 as amended 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 2041 ON THIRD READING

Senator Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2041 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 1634 ON SECOND READING

Senator Zaffirini moved to suspend the regular order of business to take up for consideration HB 1634 at this time on its second reading:

HB 1634, Relating to the imposition and rate of the county hotel occupancy tax in certain counties; authorizing the imposition of a tax.

The motion prevailed by the following vote: Yeas 25, Nays 6.

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

Nays: Bettencourt, Campbell, Creighton, Hall, Hancock, Hughes.

The bill was read second time.

Senator Campbell offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1634 (senate committee printing) in SECTION 1 of the bill, at the end of added Section 352.002(y), Tax Code (page 1, line 29), by inserting the following:

The tax imposed under this subsection does not apply to a hotel located in a municipality that:

(1) has a population of 50,000 or more;

(2) is the county seat of a county adjacent to the county to which this subsection applies; and

(3) imposes a tax under Chapter 351 applicable to the hotel.

The amendment to HB 1634 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 Taylor offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1634 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Section 351.101, Tax Code, is amended by adding Subsection to read as follows:

(q) In addition to the purposes provided by Subsections (a) and (e), a municipality with a population of more than 10,000 that has a city hall located less than three miles from a space center operated by an agency of the federal government and that is wholly located in a county with a population of four million or more may use revenue from the hotel occupancy tax for the construction, improvement, enlarging, equipping, renovating, repairing, operation, and maintenance of a coliseum or multiuse facility and related infrastructure or a venue, as defined by Section 334.001(4), Local Government Code, that is related to the promotion of tourism, including a hotel, resort, or convention center facility located on land owned by the municipality or a nonprofit corporation acting on behalf of the municipality.

The amendment to HB 1634 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.

HB 1634 as amended was passed to third reading by the following vote: Yeas 26, Nays 5.

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

Nays: Bettencourt, Creighton, Hall, Hancock, Hughes.

HOUSE BILL 1634 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1634 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 5.

Nays: Bettencourt, Creighton, Hall, Hancock, Hughes.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

GUESTS PRESENTED

Senator Hinojosa, joined by Senators Lucio and Birdwell, was recognized and introduced to the Senate members of The University of Texas Rio Grande Valley chess team and congratulated them for winning the President's Cup.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Fallon was recognized and introduced to the Senate students and teachers from Gunter Middle School in Grayson County.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE
HOUSE BILL 3231 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 CSHB 3231 be placed on its third reading and final passage:

CSHB 3231, Relating to the regulation of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories by a county or municipality.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Nays: Alvarado, Menéndez, Powell, Rodríguez, West, Whitmire.

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10.

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

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

COMMITTEE SUBSTITUTE
HOUSE BILL 2978 ON SECOND READING

Senator Watson moved to suspend the regular order of business to take up for consideration CSHB 2978 at this time on its second reading:

CSHB 2978, Relating to granting an easement to the City of Austin.

The motion prevailed.

Senator Birdwell asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to 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: Birdwell.

COMMITTEE SUBSTITUTE
HOUSE BILL 2978 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2978 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Birdwell.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 2188 ON SECOND READING

Senator Alvarado moved to suspend the regular order of business to take up for consideration HB 2188 at this time on its second reading:

HB 2188, Relating to the operation of electric and nonelectric bicycles.

The motion prevailed.

Senators Hall and Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to 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: Hall, Hughes.

HOUSE BILL 2188 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 2188 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

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

Nays: Hall, Hughes.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 492 ON SECOND READING

On motion of Senator Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 492 at this time on its second reading:

CSHB 492, Relating to a temporary exemption from ad valorem taxation of a portion of the appraised value of certain property damaged by a disaster.

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 492 ON THIRD READING

Senator Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 492 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 1399 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration CSHB 1399 at this time on its second reading:

CSHB 1399, Relating to the creation and storage of DNA records for a person arrested for certain felony offenses.

The motion prevailed by the following vote: Yeas 26, Nays 5.

Yeas: Alvarado, Bettencourt, Birdwell, Buckingham, Creighton, Fallon, Flores, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, Whitmire, Zaffirini.

Nays: Campbell, Hall, Hancock, Perry, West.

The bill was read second time.

Senator Creighton, on behalf of Senator West, offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1399 (senate committee printing) as follows:

On page 2, line 55, between "," and "the", insert "or after an individual has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of a crime for which the person was sentenced,".

The amendment to CSHB 1399 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 Hughes offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1399 (senate committee report) in SECTION 6 of the bill, by striking amended Section 411.1471(e), Government Code (page 2, lines 53-58), and substituting the following:

(e) Notwithstanding Subsection (d), on acquittal of a defendant described by Subsection (a)(1) [~~or (2)~~] or dismissal of the case against the defendant, [~~the court shall order~~] the law enforcement agency taking the specimen shall [to] immediately destroy the record of the collection of the specimen, and [~~require~~] the department shall [to] destroy the specimen and the record of its receipt. As soon as practicable after the acquittal of the defendant or the dismissal of the case, the court shall provide notice of the acquittal or dismissal to the applicable law enforcement agency and the department.

The amendment to CSHB 1399 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.

CSHB 1399 as amended was passed to third reading by the following vote: Yeas 26, Nays 5.

Nays: Campbell, Hall, Hancock, Perry, West.

COMMITTEE SUBSTITUTE
HOUSE BILL 1399 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 1399 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 5.

Nays: Campbell, Hall, Hancock, Perry, West.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

HOUSE CONCURRENT RESOLUTION 140
ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration HCR 140 at this time on its second reading:

HCR 140, Recognizing 2020 as "The Year to Embrace the Gulf."

The resolution was read second time and was adopted by the following vote: Yeas 31, Nays 0.

HOUSE BILL 4765 ON SECOND READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration HB 4765 at this time on its second reading:

HB 4765, Relating to the creation of the Harris County Improvement District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

The motion prevailed.

Senator Hall 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: Hall.

HOUSE BILL 4765 ON THIRD READING

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4765 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Hall.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 2524 ON SECOND READING

On motion of Senator Miles and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2524 at this time on its second reading:

CSHB 2524, Relating to the prosecution of the criminal offense of theft of service.

The bill was read second time.

Senator Miles offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2524 (senate committee report) in SECTION 1 of the bill as follows:

(1) In amended Section 31.04(d), Penal Code (page 2, line 10), between "and (B)" and the underlined comma, insert "and (b)(5)".

(2) In added Section 31.04(d-3)(1), Penal Code (page 2, line 32), strike "and" and substitute "[~~and~~]".

(3) In added Section 31.04(d-3)(2), Penal Code (page 2, line 35), between "service" and the period, insert the following:

; and

(3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3)

The amendment to CSHB 2524 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.

CSHB 2524 as amended 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 2524 ON THIRD READING

Senator Miles moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2524 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 996 ON SECOND READING

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 996 at this time on its second reading:

CSHB 996, Relating to the collection of consumer debt by debt buyers.

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 996 ON THIRD READING

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 996 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.

REMARKS ORDERED PRINTED

On motion of Senator Hughes and by unanimous consent, the remarks by Senators Paxton and Hughes regarding CSHB 996 were ordered reduced to writing and printed in the Senate Journal as follows:

Presiding Officer: Senator Hughes. Are you wish-- for what purpose?

Senator Hughes: Mr. President, will the gentlelady yield for some legislative intent questions?

Presiding Officer: Senator Paxton, do you yield?

Senator Paxton: Of course.

Senator Hughes: Thank you. Thank you, Senator Paxton. And you just mentioned this in your layout, I want to make sure we're clear and we can get it in in case anyone has questions later. I, so I understand that this bill explicitly only applies to debt buyers and the definition in the act does not apply to third-party debt collectors who are not debt buyers or not collecting on behalf of debt buyers. Is, is that not, is that correct?

Senator Paxton: That is exactly correct. Your understanding is right on point.

Senator Hughes: Thank you, Senator.

COMMITTEE SUBSTITUTE
HOUSE BILL 2486 ON SECOND READING

Senator Schwertner moved to suspend the regular order of business to take up for consideration CSHB 2486 at this time on its second reading:

CSHB 2486, Relating to certain required disclosures and prohibited practices of certain employee benefit plans and health insurance policies that provide benefits for dental care services.

The motion prevailed.

Senator Hall 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: Hall.

COMMITTEE SUBSTITUTE
HOUSE BILL 2486 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 2486 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Hall.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 2856 ON SECOND READING

On motion of Senator Kolkhorst and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2856 at this time on its second reading:

CSHB 2856, Relating to restrictions under disaster remediation contracts; creating a criminal offense.

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 2856 ON THIRD READING

Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2856 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 2210 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 2210 at this time on its second reading:

HB 2210, Relating to the consideration for public school accountability purposes of certain students receiving residential services in state hospitals.

The bill was read second time.

Senator Powell offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2210 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, strike added Section 39.0552 (page 1, lines 28 through 34), and substitute the following:

Sec. 39.0552. MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT AND STATE HOSPITAL FOR ACCOUNTABILITY PURPOSES. A memorandum of understanding between a school district and a state hospital under which the district provides educational services to a student who resides in the state hospital must provide that the school district include the performance of the student on an assessment instrument or other achievement indicator adopted under Section 39.053 or a reporting indicator adopted under Section 39.301 in determining the performance of that school district.

(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. This Act applies to a memorandum of understanding entered into between a school district and a state hospital before, on, or after the effective date of this Act. A memorandum of understanding entered into before the effective date of this Act must be amended as soon as practicable after the effective date of this Act.

The amendment to HB 2210 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.

HB 2210 as amended 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 2210 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 2210 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 1869 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1869 at this time on its second reading:

HB 1869, Relating to the composition of the Governor's EMS and Trauma Advisory Council.

The bill was read second time.

Senator Buckingham offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1869 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in amended Section 773.012(b), Health and Safety Code (page 1, line 25), strike "17" and substitute "19".

(2) In SECTION 1 of the bill, in amended Section 773.012(b), Health and Safety Code (page 1, line 25), add the following appropriately numbered subdivisions to that section and renumber subsequent subdivisions accordingly:

(__) a representative of a stand-alone emergency medical services agency in a municipality or taxing district, appointed from a list of names recommended by a statewide association representing emergency medical services agencies;

(__) a certified paramedic, appointed from a list of names recommended by a statewide association representing emergency medical services agencies or emergency medical services personnel;

(3) In SECTION 2 of the bill, in amended Section 773.012(f), Health and Safety Code (page 2, line 14), strike "five or six" and substitute "six or seven [~~five~~]".

The amendment to HB 1869 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.

HB 1869 as amended 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 1869 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1869 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 3041 ON SECOND READING

Senator Buckingham moved to suspend the regular order of business to take up for consideration HB 3041 at this time on its second reading:

HB 3041, Relating to the renewal of a preauthorization for a medical or health care service.

The motion prevailed.

Senator Hall 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: Hall.

HOUSE BILL 3041 ON THIRD READING

Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3041 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Hall.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 1885 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1885 at this time on its second reading:

HB 1885, Relating to the waiver of penalties and interest if an error by a mortgagee results in failure to pay an ad valorem tax.

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 1885 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1885 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 2195 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2195 at this time on its second reading:

HB 2195, Relating to an active shooter emergency policy for school districts and required active shooter training for school district peace officers and school resource officers.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2195 (senate committee printing) as follows:

(1) In the recital to SECTION 1 of the bill (page 1, line 26), strike "(f)" and substitute "(g)".

(2) In SECTION 1 of the bill, amending Section 37.108, Education Code (page 1, line 27), strike "(f)" and substitute "(g)".

The amendment to HB 2195 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.

HB 2195 as amended 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 2195 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2195 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 4428 ON SECOND READING

Senator Fallon moved to suspend the regular order of business to take up for consideration HB 4428 at this time on its second reading:

HB 4428, Relating to the application for and expiration of a license to carry a handgun.

The motion prevailed by the following vote: Yeas 23, Nays 8.

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

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

The bill was read second time and was passed to third reading by the following vote: Yeas 23, Nays 8. (Same as previous roll call)

HOUSE BILL 3012 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3012 at this time on its second reading:

HB 3012, Relating to the disposition of certain students to alternative education settings and the provision of educational services to students in those settings or subject to in-school or out-of-school suspension.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3012 (senate committee report) in SECTION 2 of the bill, in amended Section 37.011(b), Education Code (page 1, line 42), by striking "under Section 22.07" and substituting "as described by Section 22.07(c-1), (d), or (e)".

The amendment to HB 3012 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.

HB 3012 as amended 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 3012 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3012 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 1063 ON SECOND READING

Senator Buckingham moved to suspend the regular order of business to take up for consideration CSHB 1063 at this time on its second reading:

CSHB 1063, Relating to telemedicine medical, telehealth, and home telemonitoring services under Medicaid.

The motion prevailed.

Senator Fallon 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: Fallon.

COMMITTEE SUBSTITUTE
HOUSE BILL 1063 ON THIRD READING

Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1063 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Fallon.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 4428 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 4428 be placed on its third reading and final passage:

HB 4428, Relating to the application for and expiration of a license to carry a handgun.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Nays: Alvarado, Johnson, Lucio, Menéndez, Rodríguez, Whitmire.

The bill was read third time and was passed by the following vote: Yeas 23, Nays 8.

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

COMMITTEE SUBSTITUTE
HOUSE BILL 170 ON SECOND READING

Senator Alvarado moved to suspend the regular order of business to take up for consideration CSHB 170 at this time on its second reading:

CSHB 170, Relating to coverage for mammography under certain health benefit plans.

The motion prevailed.

Senators Bettencourt, Creighton, Hall, Hughes, and 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: Bettencourt, Creighton, Hall, Hughes, Kolkhorst.

COMMITTEE SUBSTITUTE
HOUSE BILL 170 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 CSHB 170 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 5.

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

Nays: Bettencourt, Creighton, Hall, Hughes, Kolkhorst.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

COMMITTEE SUBSTITUTE
HOUSE BILL 1962 ON SECOND READING

On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1962 at this time on its second reading:

CSHB 1962, Relating to the continuation and functions of the Texas State Library and Archives Commission, including the custody and ownership of certain state records.

The bill was read second time.

Senator Watson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1962 by adding the following appropriately numbered SECTION to the bill and renumbering SECTIONS of the bill accordingly:

SECTION ____. (a) Subject to Subsection (b) of this section, as soon as practicable after the effective date of this Act, the General Land Office on behalf of the State of Texas shall grant to the City of Austin, by an appropriate instrument of conveyance, a permanent easement in the property owned by the State of Texas and described by Subsection (d) of this section.

(b) Consideration for the easement to be granted under Subsection (a) of this section is the requirement that the City of Austin use the easement primarily to promote a public purpose of the state by using the easement primarily as a sidewalk, trail, and recreation easement and thereby promoting public health and general welfare and providing recreation, beautification, and civic improvement. The easement automatically terminates if the City of Austin:

(1) uses the easement in a manner that fails to promote a public purpose of the state described by this subsection of this section; or

(2) sells or transfers all or any part of the easement.

(c) The City of Austin shall reimburse the General Land Office for the expenses incurred by the General Land Office in connection with granting the easement under this section of this Act.

(d) The easement referred to in this section is in the property described as follows:

DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME 76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING, at a 60d nail found in the north line of that 1.51 acre tract of land conveyed to the City of Austin in a Gift Deed Of Land recorded in Volume 5154, Page 2230, of said Deed Records, same being a corner in the easterly line of THE GROVE AT SHOAL CREEK, according to the map or plat thereof recorded in Document No. 201800146, of the Official Public Records of said County, and the northwest corner of the herein described tract, from which a 1/2 inch iron rod found for the northwest corner of said 1.51 acre tract, bears North 62°26'39" West, a distance of 41.93 feet;

THENCE, North 01°22'52" East (bearing basis), with said easterly line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the northwest corner of the herein described tract, from which a, X mark in rock found for a corner in said easterly line bears, North 01°22'52" East, a distance of 362.51 feet;

THENCE, departing said easterly line and over and across said State of Texas tract the following four (4) courses and distances:

1. South 85°36'10" East,, a distance of 130.18 feet;

2. South 01°22'52" West, a distance of 149.86 feet to the to the beginning of a curve to the left;

3. With said curve to the left, having a radius of 50.00 feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a chord which bears South 30°31'53 East, a distance of 52.86 feet to the end of said curve;

4. South 62°26'39" East, a distance of 191.49 feet to the northeast corner of the herein described tract, being in the curving west right-of-way line of Shoal Creek Boulevard (80' right-of-way - no dedication found), from which a 1/2 inch iron rod found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK VILLAGE, according to the map or plat thereof recorded in Volume 97, Page 35, of said Plat Records, bears South 83°30'05' East a distance of 84.97 feet;

THENCE, with said west right-of-way line and with said non-tangent curve to the left, having a radius of 318.41 feet, an arc length of 25.15 feet, a delta angle of 04°31'32", and a chord which bears South 21°25'26" West, a distance of 25.14 feet to the southeast corner of the herein described tract, same being the northeast corner of Lot 5, SHOAL COURTS, according to the map or plat thereof recorded in Volume 6, Page 280, of said Plat Records;

THENCE, North 62°26'39" West, with the north line of said Lot 5, passing a 1/2 inch iron rod found in a concrete retaining wall for the northwest corner of said Lot 5 and the northeast corner of said 1.51 acre tract at a distance of 155.49 (record 155.75) feet and continuing for a total distance of 357.88 feet the POINT OF BEGINNING containing 0.667 of one acre of land within these metes and bounds.

Subject tract described herein is an easement. No monumentation set for corners.

Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North 01°22'52" East

The amendment to CSHB 1962 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.

CSHB 1962 as amended was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading.

COMMMITTEE SUBSTITUTE
HOUSE BILL 1962 ON THIRD READING

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1962 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 1669 ON SECOND READING

Senator Lucio moved to suspend the regular order of business to take up for consideration CSHB 1669 at this time on its second reading:

CSHB 1669, Relating to increasing and improving the mental health and substance use disorder workforce in this state and increasing the capacity of local mental health authorities to provide access to mental health services in certain counties.

The motion prevailed by the following vote: Yeas 23, Nays 8.

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

Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Nelson, Paxton, Schwertner.

The bill was read second time.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1669 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter A, Chapter 555, Health and Safety Code, is amended by adding Section 555.004 to read as follows:

Sec. 555.004. ADDITIONAL METHODS TO PROTECT RIGHTS OF CENTER RESIDENTS AND CLIENTS. In addition to other methods required by law, rule, or policy to protect the rights of residents and clients in centers, the executive commissioner shall:

(1) develop formal methods to more fully educate executives, administrators, supervisors, and direct care employees of centers and residents, clients, and guardians on:

(A) the rights of residents and clients;

(B) the health and medical obligations and responsibilities and the legal obligations and responsibilities toward residents and clients of executives, administrators, and direct care employees of centers;

(C) the categories and types of specific needs and complex behavioral challenges of various populations of residents and clients that may require additional attention and specialized training, including:

(i) alleged criminal offenders, including sexual offenders;

(ii) residents and clients living with dementia;

(iii) aging or geriatric residents and clients; and

(iv) adolescent residents and clients;

(D) the circumstances under which a resident's or client's rights may be restricted, the circumstances under which a resident's or client's rights may not be restricted, and the processes and procedures that must be followed to restrict a right; and

(E) the manner in which a person may file a complaint; and

(2) specify processes and procedures, including the use of flowcharts, that centers and direct care employees must use and the specialized training direct care employees must receive to ensure that centers comply fully with laws, rules, and policies relating to:

(A) the rights of residents and clients;

(B) the circumstances under which a resident's or client's rights may be restricted, the circumstances under which a resident's or client's rights may not be restricted, and the processes and procedures that must be followed to restrict a right;

(i) alleged criminal offenders, including sexual offenders;

(ii) residents and clients living with dementia;

(iii) aging or geriatric residents and clients; and

(iv) adolescent residents and clients; and

(D) the manner in which a person may file a complaint.

SECTION ____. Section 555.024, Health and Safety Code, is amended by adding Subsections (d-1) and (f) to read as follows:

(d-1) In addition to the training provided to direct care employees under Subsections (a), (c), and (d), each center shall develop and implement additional initial and refresher specialized training for all executives, administrators, supervisors, and direct care employees to support populations of residents and clients that may require additional attention and specialized training, including:

(1) alleged criminal offenders, including sexual offenders;

(2) residents and clients living with dementia;

(3) aging or geriatric residents and clients; and

(4) adolescent residents and clients.

(f) The executive commissioner by rule shall develop standards for the training provided to executives, administrators, supervisors, and direct care employees under this section, including the length of the training and the manner in which the training is provided. In developing standards relating to the manner in which training is provided, the executive commissioner shall ensure that the training is competency-based and, to the extent possible, provided in an interactive manner such as on a one-on-one basis, by a group discussion, or by a demonstration.

SECTION ____. The executive commissioner of the Health and Human Services Commission shall comply with Section 555.004, Health and Safety Code, as added by this Act, as soon as possible after the effective date of this Act.

SECTION ____. (a) Not later than January 1, 2020, each state supported living center shall develop and implement the additional training required by Section 555.024(d-1), Health and Safety Code, as added by this Act. Each state supported living center shall ensure that each direct care employee receives the additional training, regardless of when the employee was hired, not later than September 1, 2020.

(b) Not later than January 1, 2020, the executive commissioner of the Health and Human Services Commission shall develop the training standards required by Section 555.024(f), Health and Safety Code, as added by this Act. The executive commissioner shall ensure that each state supported living center implements the training standards as soon as possible.

The amendment to CSHB 1669 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 Lucio offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1669 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Chapter 12, Health and Safety Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. PUBLIC HEALTH LABORATORY CAPABILITIES IN CERTAIN COUNTIES

Sec. 12.151. PUBLIC HEALTH LABORATORY REPORT. (a) Not later than September 1, 2020, the department shall prepare and submit a written or electronic report to the legislature on public laboratories in this state's counties that are adjacent to an international border. The report must include:

(1) information on the existing testing capabilities of the public laboratories, focusing on clinical, environmental, and zoonotic testing capabilities; and

(2) recommendations to increase the efficiency, effectiveness, and productivity of the public laboratories through administrative action and legislation.

(b) The department shall collaborate with local health departments established under Subchapter D, Chapter 121, and public and private testing laboratories to collect information and develop recommendations for the report described by Subsection (a).

Sec. 12.152. LOCAL AGREEMENTS. Using available resources and as determined appropriate by the department, the department shall enter into agreements with institutions of higher education as defined by Section 61.003, Education Code, and public and private testing laboratories in this state to increase the availability of public health laboratory services for local health departments established under Subchapter D, Chapter 121, in counties adjacent to an international border. The agreements must establish protocols that:

(1) ensure confidentiality of the laboratory testing;

(2) require the testing procedures to satisfy state standards for laboratory testing;

(3) provide cost-effective resources to the local health departments to increase the availability of laboratory testing in the border counties;

(4) enhance the laboratory testing capacity, including testing of human and nonhuman specimens, in the border counties; and

(5) ensure the efficiency, effectiveness, and accuracy of laboratory test results.

Sec. 12.153. YEAR-ROUND ACCESS TO LABORATORY TESTING FOR VECTOR-BORNE INFECTIOUS DISEASES. Using available resources and as determined appropriate by the department, the department shall support access to year-round laboratory testing for vector-borne infectious diseases to record and address local outbreaks of vector-borne infectious diseases in the counties of this state that are most at risk for the year-round outbreaks, including Maverick, Val Verde, Webb, Zapata, Starr, Hidalgo, Willacy, and Cameron Counties. The department may make the access directly available or through a local agreement entered into under Section 12.152. The testing may include, as appropriate:

(1) arboviral testing;

(2) speciation testing;

(3) PCR testing;

(4) IgM testing;

(5) IgG testing; and

(6) any other testing the department determines appropriate.

SECTION ____. Subtitle C, Title 2, Health and Safety Code, is amended by adding Chapter 65 to read as follows:

CHAPTER 65. BORDER PUBLIC HEALTH INITIATIVE

Sec. 65.0001. DEFINITIONS. In this chapter:

(1) "Border county" means a county adjacent to this state's international border with Mexico.

(2) "Promotora" or "community health worker" has the meaning assigned by Section 48.001.

Sec. 65.0002. BORDER PUBLIC HEALTH INITIATIVE. (a) The department shall develop an initiative to reduce the adverse health impacts of diabetes, hypertension, and obesity for adults and children in border counties. The initiative must promote:

(1) educational resources designed to prevent those conditions;

(2) screenings of persons at risk for those conditions; and

(3) referrals to and treatment by health care providers for those conditions.

(b) In developing the border public health initiative, the department may consult and collaborate with:

(1) other health and human services agencies;

(2) other appropriate state or federal agencies;

(3) health science centers and medical schools; and

(4) public and private health care providers and hospitals.

Sec. 65.0003. OUTREACH CAMPAIGNS. To implement the border public health initiative described by Section 65.0002, the department shall conduct bilingual, culturally appropriate outreach campaigns in consultation and collaboration with appropriate individuals and entities that may include:

(1) promotoras and community health workers;

(2) academic centers located in border counties;

(3) nonprofit organizations;

(4) public schools;

(5) public and private health care providers and hospitals;

(6) worksite wellness programs;

(7) local business and health care providers that provide early detection of prediabetes, prehypertension, and obesity; and

(8) other local entities, as the department determines appropriate.

Sec. 65.0004. REPORT. Not later than January 1, 2023, the department shall prepare and electronically submit to the lieutenant governor, the speaker of the house of representatives, and the legislature a report describing:

(1) health outcomes and health care savings resulting from prevention, screenings, and treatment of chronic diseases under the border public health initiative; and

(2) other relevant findings, as determined by the department, resulting from the border public health initiative.

Sec. 65.0005. EXPIRATION. This chapter expires December 31, 2031.

SECTION ____. Chapter 81, Health and Safety Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. HEALTH PROFESSIONAL CONTINUING EDUCATION TO ADDRESS COMMUNICABLE AND OTHER DISEASES IN BORDER COUNTIES

Sec. 81.451. DEFINITIONS. In this subchapter:

(1) "Community health worker" has the meaning assigned by Section 48.001.

(2) "Health professional" means an individual whose:

(A) vocation or profession is directly or indirectly related to the maintenance of the health of another individual; and

(B) duties require a specified amount of formal education and may require a special examination, certificate or license, or membership in a regional or national association.

(3) "HIV" means human immunodeficiency virus.

Sec. 81.452. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a county adjacent to the international border with Mexico.

Sec. 81.453. HEALTH PROFESSIONAL CONTINUING EDUCATION. (a) To the extent funds are available, the department, in collaboration with health authorities, local health departments, and public health districts, shall provide to community health workers, health professionals, and applicable employees of a local health department or public health district continuing education designed to reduce the incidence of communicable and other diseases in counties described by Section 81.452.

(b) The continuing education described by Subsection (a) may address:

(1) the diagnosis and treatment of communicable and other diseases, including:

(A) tuberculosis, tuberculosis meningitis, multidrug resistant tuberculosis, and tuberculosis and HIV coinfections;

(B) sexually transmitted diseases and HIV; and

(2) methods for increasing pediatric and adult immunization rates;

(3) strategies for improving health care system operations related to public health, including identifying, monitoring, tracking, and responding to communicable and other diseases occurring in the counties described by Section 81.452; and

(4) any other matter that the department determines will assist health professionals, local health departments, and public health districts with addressing public health challenges existing in those counties.

(c) The department shall identify and assess the accessibility of continuing education resources and programs for local health departments in counties described by Section 81.452 that may provide the continuing education described by this section.

Sec. 81.454. FUNDING. (a) The department may solicit or accept gifts, grants, or donations to fund health professional continuing education under this subchapter.

(b) The department shall collaborate with state and federal agencies, nonprofit organizations, public and private hospitals, institutions of higher education, and the private sector to identify, apply for, and solicit sources of funding for health professional continuing education under this subchapter.

SECTION ____. Subtitle D, Title 2, Health and Safety Code, is amended by adding Chapter 90 to read as follows:

CHAPTER 90. DEMONSTRATION PROGRAMS ADDRESSING CHILDHOOD OBESITY AND CHRONIC DISEASE IN CERTAIN BORDER COUNTIES

Sec. 90.0001. DEFINITION. In this chapter, "border county" means a county adjacent to this state's international border with Mexico.

Sec. 90.0002. ESTABLISHMENT. The department shall establish the childhood obesity prevention demonstration program and the chronic disease prevention demonstration program under this chapter in counties that:

(1) are adjacent to the international border with Mexico; and

(2) have a population of less than 800,000 and more than 400,000.

Sec. 90.0003. CHILDHOOD OBESITY PREVENTION DEMONSTRATION PROGRAM. (a) To the extent funds are available, the department shall develop and implement a school-based demonstration program to address childhood obesity and related chronic diseases in each county to which this chapter applies.

(b) The demonstration program must be evidence-based and culturally appropriate.

(c) In developing the childhood obesity prevention demonstration program under Subsection (a), the department shall prioritize appropriate collaborations with:

(1) medical professionals specializing in obesity prevention;

(2) experts in public health;

(3) representatives of health science centers;

(4) experts in public and higher education;

(5) representatives of local school health advisory councils;

(6) interested parties from the counties participating in the program;

(7) a representative from the Texas Education Agency;

(8) a representative from the Texas Higher Education Coordinating Board; and

(9) representatives from other appropriate state agencies.

Sec. 90.0004. CHRONIC DISEASE PREVENTION DEMONSTRATION PROGRAM. (a) To the extent funds are available, the department shall establish a chronic disease prevention demonstration program for adults residing in each county to which this chapter applies.

(b) In establishing the chronic disease prevention demonstration program under Subsection (a), the department shall prioritize appropriate collaboration with:

(1) medical professionals specializing in chronic disease treatment;

(2) representatives from hospitals licensed under Chapter 241;

(3) representatives from academic centers located in border counties; and

(4) a representative from a medical school in the immediate border region.

Sec. 90.0005. RECOMMENDATIONS FOR SCHOOLS AND OTHER ENTITIES. The department, based on the results of the demonstration programs established under this chapter, shall share the strategies, best practices, and recommendations the department determines are successful in addressing childhood obesity and chronic disease prevention with public schools and other appropriate entities in each county to which this chapter applies.

Sec. 90.0006. EVALUATION. The department shall evaluate the effectiveness of the demonstration programs established under this chapter not later than September 1, 2029.

Sec. 90.0007. REPORT. Not later than November 1, 2029, the department shall submit a written or electronic report on the demonstration programs established under this chapter to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature. The report must include:

(1) a summary of the programs;

(2) an evaluation of the effectiveness of the programs; and

(3) recommendations on whether the programs should be continued, expanded to other border counties, or terminated.

Sec. 90.0008. RULES. The executive commissioner shall adopt rules as necessary to implement this chapter.

SECTION ____. Subchapter A, Chapter 121, Health and Safety Code, is amended by adding Section 121.0055 to read as follows:

Sec. 121.0055. SANITARIAN RECRUITMENT AND RETENTION PROGRAM IN BORDER COUNTIES. (a) This section applies only to a local health unit, local health department, or public health district that is:

(1) located in a county along the international border with Mexico; and

(2) affiliated with the department under Section 121.005.

(b) To the extent funds are available, the department shall develop a program under which the department:

(1) provides grants to local health units, local health departments, and public health districts to improve recruitment and retention of sanitarians registered under Chapter 1953, Occupations Code; and

(2) expands opportunities for training and registration of sanitarians to improve disease response and prevent foodborne, waterborne, vector-borne, and zoonotic diseases.

(c) The department shall administer the grant program described by Subsection (b) in coordination with local health units, local health departments, public health districts, and appropriate state agencies, federal agencies, nonprofit organizations, public and private hospitals, institutions of higher education, and other private entities.

(d) The department may provide a grant under Subsection (b) only in accordance with a contract between the department and the recipient. The contract must include provisions under which the department is granted sufficient control to ensure the public purpose of improved public health is accomplished and the state receives the return benefit.

(e) The department may solicit and accept gifts, grants, and donations to operate the program established under this section. The department shall coordinate with appropriate state agencies, federal agencies, nonprofit organizations, public and private hospitals, institutions of higher education, and other private entities in identifying and soliciting funding to implement this section.

SECTION ____. Chapter 161, Health and Safety Code, is amended by adding Subchapter X to read as follows:

SUBCHAPTER X. BORDER PUBLIC HEALTH RESPONSE TEAM

Sec. 161.701. DEFINITIONS. In this subchapter:

(1) "Border county" means a county adjacent to the international border with Mexico.

(2) "Disaster" has the meaning assigned by Section 418.004, Government Code. The term includes a state of disaster declared by:

(A) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);

(B) the governor under Section 418.014, Government Code; or

(3) "Response team" means the border public health response team established under Section 161.702.

(4) "Sanitarian" has the meaning assigned by Section 1953.001, Occupations Code.

Sec. 161.702. BORDER PUBLIC HEALTH RESPONSE TEAM. The department shall establish a border public health response team to deploy in response to public health threats declared by the commissioner and declared disasters in border counties.

Sec. 161.703. COMPOSITION OF RESPONSE TEAM. The response team may be composed of the following members appointed by the commissioner:

(1) an epidemiologist;

(2) a sanitarian;

(3) a nurse;

(4) a public health specialist; and

(5) any other person the commissioner considers appropriate.

Sec. 161.704. DEPARTMENT DUTIES. (a) The department, in consultation with the response team, shall, as necessary, enter into memoranda of understanding with other state agencies to develop policies, plans, and procedures to facilitate an effective response to a declared public health threat or disaster.

(b) The department shall provide, or contract to provide, training, equipment, and support staff to the response team to enhance the team's response efforts, as appropriate.

Sec. 161.705. RESPONSE TEAM DUTIES. During a declared public health threat or disaster in a border county, the response team shall, as appropriate:

(1) assess health infrastructure and response capabilities for the threat or disaster in a border county;

(2) develop appropriate responses for the threat or disaster in a border county; and

(3) address language, cultural, and environmental factors that are unique to responding to the threat or disaster in a border county.

Sec. 161.706. FUNDING. (a) The department shall coordinate with the commission, the office of the governor, the federal government, and any other appropriate entity for funding to support the response team's activities.

(b) The department may accept on behalf of the response team a gift, grant, or donation from any source to carry out the purposes of this subchapter.

SECTION ____. Not later than December 1, 2019, the Department of State Health Services shall establish the border public health response team as required by Subchapter X, Chapter 161, Health and Safety Code, as added by this Act.

SECTION ____. The Department of State Health Services is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the department may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

The amendment to CSHB 1669 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.

CSHB 1669 as amended was passed to third reading by the following vote: Yeas 23, Nays 8.

Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Nelson, Paxton, Schwertner.

COMMITTEE SUBSTITUTE
HOUSE BILL 1669 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 CSHB 1669 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Alvarado, Birdwell, Buckingham, Campbell, Fallon, Flores, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nichols, Perry, Powell, Rodríguez, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays: Bettencourt, Creighton, Hall, Nelson, Paxton, Schwertner.

The bill was read third time and was passed by the following vote: Yeas 23, Nays 8.

Nays: Bettencourt, Creighton, Fallon, Hall, Hancock, Nelson, Paxton, Schwertner.

HOUSE BILL 3842 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration HB 3842 at this time on its second reading:

HB 3842, Relating to the requirement that a motor vehicle dealer obtain a general distinguishing number for a consignment location.

The motion prevailed.

Senators Bettencourt, Creighton, Fallon, and Hall asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Flores offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3842 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter B, Chapter 501, Transportation Code, is amended by adding Section 501.0236 to read as follows:

Sec. 501.0236. ISSUANCE OF TITLE AND PERMITS WHEN DEALER GOES OUT OF BUSINESS. (a) This section applies only to a person who is the purchaser of a motor vehicle for which the dealer:

(1) is required to apply for a title for the vehicle under Section 501.0234; and

(2) does not apply for the title because the dealer has gone out of business.

(b) A purchaser to whom this section applies may apply for:

(1) a title in the manner prescribed by the department by rule; and

(2) on expiration of the buyer's tag issued to the purchaser under Section 503.063, a 30-day permit under Section 502.095.

(c) An application for a title under this section must include a release of any recorded lien on the motor vehicle unless the only recorded lienholder is a dealer described by Subsection (a).

(d) The department shall waive the payment of fees for:

(1) a title issued to a purchaser described by this section, if the purchaser can show that fees for a title were paid to the dealer; and

(2) one 30-day permit issued to a purchaser described by this section.

(e) Notwithstanding Section 503.033(e), the department may recover against the surety bond executed by the dealer under Section 503.033 the amount of any fee waived for a title or permit issued under this section.

(f) The department shall adopt the rules necessary to implement this section.

SECTION ____. The heading to Section 503.033, Transportation Code, is amended to read as follows:

Sec. 503.033. SURETY BOND REQUIRED; LIABILITY OF SURETY [~~SECURITY REQUIREMENT~~].

SECTION ____. Sections 503.033(a) and (d), Transportation Code, are amended to read as follows:

(a) The department may not issue or renew a motor vehicle dealer general distinguishing number or a wholesale motor vehicle auction general distinguishing number unless the applicant provides to the department[:

[~~(1)~~] satisfactory proof that the applicant has purchased a properly executed surety bond in the amount of $50,000 [~~$25,000~~] with a good and sufficient surety approved by the department[~~; or~~

[~~(2) other security under Subsection (c)~~].

(d) A person may recover against a surety bond [~~or other security~~] if the person obtains against a person issued a motor vehicle dealer general distinguishing number or a wholesale motor vehicle auction general distinguishing number a judgment assessing damages and reasonable attorney's fees based on an act or omission on which the bond is conditioned that occurred during the term for which the general distinguishing number was valid.

The amendment to HB 3842 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.

HB 3842 as amended 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: Bettencourt, Creighton, Fallon, Hall.

HOUSE BILL 3842 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 3842 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 4.

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

Nays: Bettencourt, Creighton, Fallon, Hall.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

(President in Chair)

COMMITTEE SUBSTITUTE
HOUSE BILL 1025 ON SECOND READING

Senator Whitmire moved to suspend the regular order of business to take up for consideration CSHB 1025 at this time on its second reading:

CSHB 1025, Relating to membership on and the eligibility of certain persons to serve on the board of certain property owners' associations.

The motion prevailed.

Senators Hall and Taylor 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: Hall, Taylor.

COMMITTEE SUBSTITUTE
HOUSE BILL 1025 ON THIRD READING

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1025 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

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

Nays: Hall, Taylor.

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 2143 ON SECOND READING

On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2143 at this time on its second reading:

CSHB 2143, Relating to the eligibility of a first responder for workers' compensation benefits for post-traumatic stress disorder.

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 2143 ON THIRD READING

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2143 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 4388 ON SECOND READING

On motion of Senator Campbell and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4388 at this time on its second reading:

HB 4388, Relating to the management of the permanent school fund by the School Land Board and the State Board of Education.

The bill was read second time.

Senator Fallon offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 4388 (senate committee printing), in SECTION 1 of the bill, in added Section 43.0052, Education Code, as follows:

(1) On page 1, line 33, strike "and".

(2) On page 1, line 34, between "performances" and the underlined period, insert the following:

; and

(4) costs of implementing and administering the permanent school fund liquid account under Section 51.414, Natural Resources Code, including costs associated with contracts for:

(A) professional investment management;

(B) investment advisory services; and

The amendment to HB 4388 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 Taylor offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 4388 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. (a) The legislature finds that the periodic examination of distributions made from the permanent school fund to the available school fund is necessary for the effective management of permanent school fund investments.

(b) The Texas Education Agency, in consultation with the General Land Office, shall conduct a study regarding distributions from the permanent school fund to the available school fund. The study must:

(1) examine historical patterns in the real value of distributions made from all assets and revenues of the permanent school fund and historical patterns in the real value of permanent school fund assets relative to the number of students enrolled in the public education system;

(2) analyze the impact of underlying data and methodological assumptions on actual and projected distributions from the permanent school fund;

(3) seek input from state government officials involved in public education policy or in the appropriation of state funds to support the public education system;

(4) examine current and alternative approaches to balance the needs and interests of present and future beneficiaries of the permanent school fund and the available school fund;

(5) develop options to maximize available revenue distributions for the education of students enrolled in the public education system while preserving the permanent school fund for future generations; and

(6) consider any other subjects relevant to the purpose of the study.

(c) The Texas Education Agency may contract for investment management expertise for the purpose of implementing this section.

(d) Not later than June 1, 2020, the Texas Education Agency shall prepare and submit a report regarding the results of the study to the governor, the State Board of Education, the Legislative Budget Board, the lieutenant governor, the speaker of the house of representatives, and each legislative standing committee with primary jurisdiction over public education.

(e) This section expires January 1, 2021.

The amendment to HB 4388 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.

HB 4388 as amended 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 4388 ON THIRD READING

Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4388 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 3195 ON SECOND READING

Senator Whitmire moved to suspend the regular order of business to take up for consideration HB 3195 at this time on its second reading:

HB 3195, Relating to juveniles committed to the Texas Juvenile Justice Department.

The motion prevailed.

Senator Fallon asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Huffman offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3195 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ___. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.023 to read as follows:

Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM. (a) In this section:

(1) "Alternative education program" includes:

(A) a disciplinary alternative education program operated by a school district or open-enrollment charter school;

(B) a juvenile justice alternative education program; and

(C) a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity.

(2) "Licensed clinical social worker" has the meaning assigned by Section 505.002, Occupations Code.

(b) As soon as practicable after an alternative education program determines the date of a student's release from the program, the alternative education program administrator shall:

(1) provide written notice of that date to:

(A) the student's parent or a person standing in parental relation to the student; and

(B) the administrator of the campus to which the student intends to transition; and

(2) provide the campus administrator:

(A) an assessment of the student's academic growth while attending the alternative education program; and

(B) the results of any assessment instruments administered to the student.

(c) Not later than five instructional days after the date of a student's release from an alternative education program, the campus administrator shall coordinate the student's transition to a regular classroom. The coordination must include assistance and recommendations from:

(1) school counselors;

(2) school district peace officers;

(3) school resource officers;

(4) licensed clinical social workers;

(5) campus behavior coordinators;

(6) classroom teachers who are or may be responsible for implementing the student's personalized transition plan developed under Subsection (d); and

(7) any other appropriate school district personnel.

(d) The assistance required by Subsection (c) must include a personalized transition plan for the student developed by the campus administrator. A personalized transition plan:

(1) must include recommendations for the best educational placement of the student; and

(2) may include:

(A) recommendations for counseling, behavioral management, or academic assistance for the student with a concentration on the student's academic or career goals;

(B) recommendations for assistance for obtaining access to mental health services provided by the district or school, a local mental health authority, or another private or public entity;

(C) the provision of information to the student's parent or a person standing in parental relation to the student about the process to request a full individual and initial evaluation of the student for purposes of special education services under Section 29.004; and

(D) a regular review of the student's progress toward the student's academic or career goals.

(e) If practicable, the campus administrator, or the administrator's designee, shall meet with the student's parent or a person standing in parental relation to the student to coordinate plans for the student's transition.

(f) This section applies only to a student subject to compulsory attendance requirements under Section 25.085.

SECTION ___. Section 37.023, Education Code, as added by this Act, applies beginning with the 2019-2020 school year.

The amendment to HB 3195 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.

HB 3195 as amended 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: Fallon.

HOUSE BILL 3195 ON THIRD READING

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3195 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Fallon.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 1313 ON SECOND READING

On motion of Senator Birdwell and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1313 at this time on its second reading:

HB 1313, Relating to the authority of the chief appraiser of an appraisal district to increase the appraised value of property in the tax year following the year in which the appraised value of the property is lowered as a result of a protest or appeal.

The bill was read second time.

Senator Birdwell offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1313 (senate committee printing) by striking SECTIONS 2 and 3 of the bill (page 1, lines 43-46) and substituting the following appropriately numbered SECTIONS:

SECTION ___. Section 11.26, Tax Code, is amended by amending Subsection (i) and adding Subsection (i-1) to read as follows:

(i) If an individual who qualifies for the exemption provided by Section 11.13(c) [~~for an individual 65 years of age or older~~] dies, the surviving spouse of the individual is entitled to the limitation applicable to the residence homestead of the individual if:

(1) the surviving spouse is 55 years of age or older when the individual dies; and

(2) the residence homestead of the individual:

(A) is the residence homestead of the surviving spouse on the date that the individual dies; and

(B) remains the residence homestead of the surviving spouse.

(i-1) A limitation under Subsection (i) applicable to the residence homestead of the surviving spouse of an individual who was disabled and who died before January 1, 2020, is calculated as if the surviving spouse was entitled to the limitation when the individual died.

SECTION ___. This Act applies only to a tax year beginning on or after the effective date of this Act.

SECTION ___. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2020.

(b) Section 11.26, Tax Code, as amended by this Act, takes effect only if the constitutional amendment proposed by the 86th Legislature, Regular Session, 2019, 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 is approved by the voters. If that constitutional amendment is not approved by the voters, Section 11.26, Tax Code, as amended by this Act, has no effect.

The amendment to HB 1313 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 Buckingham offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1313 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 41.41, Tax Code, is amended by adding Subsection (c) to read as follows:

(c) An appraisal district or the appraisal review board for an appraisal district may not require a property owner to pay a fee in connection with a protest filed by the owner with the board.

The amendment to HB 1313 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.

HB 1313 as amended 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 1313 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 1313 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 3388 ON SECOND READING

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSHB 3388 at this time on its second reading:

CSHB 3388, Relating to the reimbursement of prescription drugs under Medicaid and the child health plan program.

The motion prevailed.

Senator Creighton asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Kolkhorst offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3388 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in amended Section 533.005(a)(23)(K)(i), Government Code (page 5, line 9), between "renewal" and "[~~", insert "~~ ~~, if applicable~~ ".

(2) In SECTION 2 of the bill, in added Section 533.00514, Government Code (page 7, between lines 8 and 9), insert the following:

(f) Notwithstanding any other provision of this section, the executive commissioner by rule may establish a minimum dispensing fee that is less than the fee required under Subsections (a) and (d) and may implement the minimum fee amount only after publishing the adopted rule.

(g) The commission shall encourage a managed care organization that contracts with the commission to provide health care services to recipients under this chapter to include in the organization's network all pharmacies that will promote value under an alternative payment model or other quality-based payment system developed by the organization in accordance with rules adopted by the executive commissioner. The payment system may include shared savings and incentive medication adherence, disease management, and comprehensive medication management.

(h) This section expires September 1, 2023.

(3) In SECTION 3 of the bill, in added Section 62.160, Health and Safety Code (page 7, line 16), after the underlined period, insert the following:

This section expires September 1, 2023.

(4) Strike SECTION 5 of the bill (page 7, lines 19-24) and substitute the following appropriately numbered SECTION:

SECTION ____. (a) If before implementing a provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing all provisions of this Act until the waiver or authorization is granted.

(b) Notwithstanding any other provision of this Act:

(1) if Health and Human Services Commission delays implementation of the provisions of this Act under Subsection (a) of this section, the changes in law made by those provisions apply beginning on the 180th day after the date the commission receives the authorization described that subsection; and

(2) until the changes in law made by this Act apply, the law as it existed immediately before the effective date of this Act applies, and the former law is continued in effect for that purpose.

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. (a) Not later than December 31, 2022, the Health and Human Services Commission shall submit a report to the legislature on the impact of this Act on and the changes made to prescription drug pricing and reimbursement under the Medicaid managed care program under Chapter 533, Government Code, and the child health plan program under Chapter 62, Health and Safety Code. The report must include an analysis and comparison of drug price deflation, professional fees, and trends in other public benefits programs, including Medicare under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.).

(b) This section expires September 1, 2023.

The amendment to CSHB 3388 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.

CSHB 3388 as amended 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: Creighton.

COMMITTEE SUBSTITUTE
HOUSE BILL 3388 ON THIRD READING

Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3388 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Creighton.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

HOUSE BILL 2764 ON SECOND READING

On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2764 at this time on its second reading:

HB 2764, Relating to minimum standards and caregiver training for substitute care providers for children in the conservatorship of the Department of Family and Protective Services.

The bill was read second time.

Senator Menéndez offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2764 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3072 to read as follows:

Sec. 261.3072. REQUIRED NOTIFICATIONS DURING INVESTIGATION AND INTERVIEW. (a) As soon as possible after initiating an investigation of a report of child abuse or neglect, the department shall notify the parent or conservator of the child who is the subject of the report of abuse or neglect and the person alleged to have committed the abuse or neglect of:

(1) the specific facts made in the report of abuse or neglect;

(2) the date the report of abuse or neglect was made; and

(3) whether the department is considering previously closed investigations against the person alleged to have committed the abuse or neglect.

(b) Before the department conducts an interview regarding a report of child abuse or neglect, the department shall:

(1) provide the person being interviewed with the contact information of the department employee conducting the interview, including the employee's name, e-mail address, and phone number;

(2) notify the person being interviewed of the person's right to:

(A) record the interview using an audio recording device;

(B) consult with an attorney during the interview and have an attorney present during the interview; and

(C) file a complaint relating to the department's conduct during the investigation with the department's office of consumer relations; and

(3) inform the person being interviewed that any information collected during the investigation may be used as evidence in a proceeding to remove the child or in a criminal proceeding.

(c) A department employee may not threaten adverse action or otherwise retaliate against a person who exercises a right described by Subsection (b)(2).

(d) The department employee conducting the interview shall obtain written verification from the person being interviewed that the department provided the person with the information required by Subsection (b).

SECTION ____. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.045 to read as follows:

Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE INTERVIEWS. (a) This section applies to all investigations conducted by the department, including investigations conducted by the adult protective services division and the child protective services division.

(b) Except as provided by Subsection (c), before a department employee conducts an interview as part of a department investigation, the employee shall:

(1) orally notify the person who is the subject of the interview that the person has the right to record the interview using an audio recording device; and

(2) obtain written verification from the person who is the subject of the interview that the department employee provided the notice required by Subdivision (1).

(1) an alleged victim of self-neglect; or

(2) a person who the department employee suspects is incapacitated.

The amendment to HB 2764 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.

HB 2764 as amended 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 2764 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 HB 2764 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 1973 ON SECOND READING

Senator Nelson moved to suspend the regular order of business to take up for consideration HB 1973 at this time on its second reading:

HB 1973, Relating to the system by which an application for a low income housing tax credit is scored.

The motion prevailed.

Senators Bettencourt and Creighton asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Watson offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1973 (senate committee report) as follows:

(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Sections 2306.111(c), (c-1), and (c-2), Government Code, are amended to read as follows:

(c) In administering federal housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), the department shall allocate [~~expend~~]:

(1) 95 percent of these funds for the benefit of non-participating small cities and rural areas that do not qualify to receive funds under the Cranston-Gonzalez National Affordable Housing Act directly from the United States Department of Housing and Urban Development, except that an amount not to exceed 15 percent of the funds allocated under this subdivision may be allocated to participating jurisdictions as necessary to meet the requirements of federal law; and

(2) at least five percent of these funds for the benefit of persons with disabilities who live in any area of this state.

(c-1) Eligibility to apply for set-aside funds under Subsection (c) is determined by federal law [~~The following entities are eligible to apply for set-aside funds under Subsection (c):~~

[~~(1)~~ ~~nonprofit providers of affordable housing, including community housing development organizations; and~~

[~~(2)~~ ~~for-profit providers of affordable housing~~].

(c-2) In allocating set-aside funds under Subsection (c), the department:

(1) may not give preference to nonprofit providers of affordable housing, except as necessary to meet the requirements of [~~required by~~] federal law; and

(2) shall allocate funds:

(A) in accordance with any applicable spending plan required under federal law; and

(B) in a manner that ensures that, to the greatest extent possible, an allocation required only under state law is made before an allocation is made solely to meet the requirements of federal law.

SECTION ____. The change in law made by this Act in amending Section 2306.111, Government Code, applies only to an application for financial assistance that is submitted to the Texas Department of Housing and Community Affairs on or after January 1, 2020. An application for financial assistance that is submitted to the department before January 1, 2020, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(2) In SECTION 2 of the bill (page 1, line 38), between "Act" and "applies", insert "in amending Section 2306.6710, Government Code,".

The amendment to HB 1973 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 Watson offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1973 (senate committee report) as follows:

(1) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION 1. Section 2306.6711(f), Government Code, is amended to read as follows:

(f) The board may allocate housing tax credits to more than one development in a single community, as defined by department rule, in the same calendar year [~~only~~] if:

(1) the developments are or will be located more than two linear miles apart; or

(2) the following conditions are met:

(A) at least one of the developments will be located wholly within a census tract:

(i) that has a poverty rate above 15 percent; and

(ii) in which the median value of owner-occupied homes has increased by 15 percent or more within the five years preceding the date of the application; and

(B) the applicant for the development:

(i) has obtained prior approval of the development from the governing body of the appropriate municipality or county containing the development; and

(ii) has included in the application a written statement of support from that governing body referencing this section and authorizing an allocation of housing tax credits for the development. [~~This subsection applies only to communities contained within counties with populations exceeding one million.~~]

(2) In SECTION 2 of the bill (page 1, line 38), strike "change" and substitute "changes".

(3) In SECTION 2 of the bill (page 1, line 38), strike "applies" and substitute "apply".

The amendment to HB 1973 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.

HB 1973 as amended 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: Bettencourt, Creighton.

HOUSE BILL 1973 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1973 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

Yeas: Alvarado, Birdwell, Buckingham, Campbell, 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.

Nays: Bettencourt, Creighton.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

HOUSE BILL 3496 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration HB 3496 at this time on its second reading:

HB 3496, Relating to the licensing and regulation of certain pharmacies; providing an administrative penalty.

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 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: Bettencourt.

HOUSE BILL 3496 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 HB 3496 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)

(Senator Menéndez in Chair)

HOUSE BILL 3750 ON SECOND READING

Senator Schwertner moved to suspend the regular order of business to take up for consideration HB 3750 at this time on its second reading:

HB 3750, Relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction.

The motion prevailed.

Senators Rodríguez, Watson, and Zaffirini asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Schwertner offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3750 (senate committee printing) in SECTION 1 of the bill, in added Section 212.003(d), Local Government Code (page 1, lines 29-32), by striking ", or in the drainage basin of a river designated by the Texas Commission on Environmental Quality as having high or exceptional aquatic life use in the Texas Surface Water Quality Standards".

The amendment to HB 3750 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:

Nays: Watson.

Senator Campbell offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 3750 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter Z, Chapter 42, Local Government Code, is amended by adding Section 42.9025 to read as follows:

Sec. 42.9025. RESTRICTION ON IMPOSING FINE OR FEE IN CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION. (a) This section applies only to an area that is located in a municipality's extraterritorial jurisdiction and:

(1) that has been disannexed from the municipality under Subchapter G, Chapter 43; or

(2) for which the municipality has attempted and failed to obtain consent for annexation under Subchapter C-4 or C-5, Chapter 43.

(b) Notwithstanding any other law, a municipality may not impose under a municipal ordinance a fine or fee on a person on the basis of:

(1) an activity that occurs wholly in an area described by Subsection (a); or

(2) the management or ownership of property located wholly in an area described by Subsection (a).

(c) This section does not limit a municipality from adopting and enforcing rates, fines, and fees for retail water, wastewater, or drainage utility services provided to the area described by Subsection (a).

(d) This section does not apply to development or redevelopment in an area in which an election was held under Section 43.0117.

The amendment to HB 3750 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 except as follows:

Nays: Birdwell.

HB 3750 as amended 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: Rodríguez, Watson, Zaffirini.

HOUSE BILL 3750 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 HB 3750 be placed on its third reading and final passage.

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

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

Nays: Rodríguez, Watson, Zaffirini.

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

COMMITTEE SUBSTITUTE
HOUSE BILL 1078 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration CSHB 1078 at this time on its second reading:

CSHB 1078, Relating to waiving certain driver's license and handgun license fees for certain applicants who hold a certification in cardiopulmonary resuscitation.

The motion prevailed.

Senators Birdwell and Johnson 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: Birdwell, Johnson.

COMMITTEE SUBSTITUTE
HOUSE BILL 1078 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 1078 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

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

Nays: Birdwell, Johnson.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

HOUSE BILL 3834 ON SECOND READING

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3834 at this time on its second reading:

HB 3834, Relating to the requirement that certain state and local government employees and state contractors complete a cybersecurity training program certified by the Department of Information Resources.

The bill was read second time.

Senator Paxton offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3834 (senate committee printing) in SECTION 3 of the bill as follows:

(1) In added Section 2054.519(b), Government Code (page 2, lines 12-13), strike "include activities, case studies, hypothetical situations, and other methods that".

(2) In added Section 2054.519, Government Code (page 2, between lines 17 and 18), add the following appropriately lettered subsection, reletter subsequent subsections of the section accordingly, and conform any cross-references to those provisions:

( ) The department may identify and certify under Subsection (a) training programs provided by state agencies and local governments that satisfy the training requirements described by Subsection (b).

(3) Strike added Sections 2054.5191(a) and (a-1), Government Code (page 2, lines 29-37), and substitute the following:

(a) Each state agency shall identify state employees who use a computer to complete at least 25 percent of the employee's required duties. At least once each year, an employee identified by the state agency and each elected or appointed officer of the agency shall complete a cybersecurity training program certified under Section 2054.519.

(a-1) At least once each year, a local government shall identify local government employees who have access to a local government computer system or database and require those employees and elected officials of the local government to complete a cybersecurity training program certified under Section 2054.519 or offered under Section 2054.519(e).

(4) In added Section 2054.5191(d), Government Code (page 2, lines 54-55), strike "audit the agency to ensure compliance with this section and send the results to the department" and substitute "require an internal review of the agency to ensure compliance with this section".

(5) In added Section 2054.5192(e), Government Code (page 3, lines 2-3), strike "agency's contract manager" and substitute "person who oversees contract management for the agency".

(6) In added Section 2054.5192(e)(2), Government Code (page 3, line 6), strike "conduct periodic audits" and substitute "periodically review agency contracts".

The amendment to HB 3834 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.

HB 3834 as amended 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 3834 ON THIRD READING

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3834 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 1495 ON SECOND READING

Senator Creighton moved to suspend the regular order of business to take up for consideration HB 1495 at this time on its second reading:

HB 1495, 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.

The motion prevailed.

Senators Bettencourt, Hughes, Paxton, and Powell 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 HB 1495 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter C, Chapter 161, Local Government Code, is amended by adding Section 161.107 to read as follows:

Sec. 161.107. DISCLOSURE OF CERTAIN CONTRACTS. (a) The commission shall prominently display on the county's Internet website the following regarding contracts for services executed by the county that would require a person to register as a lobbyist under Chapter 305, Government Code:

(1) the execution dates;

(2) the contract duration terms, including any extension options;

(3) the effective dates;

(4) the final amount of money the county paid in the previous fiscal year;

(5) the identity of all parties to the contract;

(6) the identity of all subcontractors in the contract; and

(7) the legislative agenda of the county.

(b) In lieu of displaying the items described by Subsections (a)(1)-(6) regarding a contract for services that would require a person to register as a lobbyist under Chapter 305, Government Code, the commission may post on the county's Internet website the contract executed by the county for those services.

(c) Information required to be displayed on a county's Internet website under this section is public information subject to disclosure under Chapter 552, Government Code.

SECTION ____. Section 2252.908(b), Government Code, is amended to read as follows:

(b) This section applies only to a contract of a governmental entity or state agency that:

(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; [or]

(2) has a value of at least $1 million; or

(3) is for services that would require a person to register as a lobbyist under Chapter 305.

SECTION ____. Section 140.0045, Local Government Code, is amended to read as follows:

Sec. 140.0045. ITEMIZATION OF CERTAIN [~~PUBLIC NOTICE~~] EXPENDITURES REQUIRED IN CERTAIN POLITICAL SUBDIVISION BUDGETS. (a) Except as provided by Subsection (b), the proposed budget of a political subdivision must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for:

(1) notices required by law to be published in a newspaper by the political subdivision or a representative of the political subdivision; and

(2) directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in Section 305.002, Government Code [~~that allows as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year~~].

(b) Subsection (a)(1) [~~This section~~] does not apply to a junior college district.

The amendment to HB 1495 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:

Nays: Powell.

Senator Creighton offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1495 (senate committee printing) as follows:

(1) Strike SECTION 2 of the bill, amending Section 161.001, Local Government Code (page 1, lines 25 through 43), and substitute the following appropriately numbered SECTION to the bill:

SECTION ____. Section 161.001, Local Government Code, is repealed.

(2) Strike SECTION 3 of the bill, amending Section 161.002(8), Local Government Code (page 1, line 44 through page 2, line 3).

(3) Strike SECTION 4 of the bill, adding Section 170.002, Local Government Code (page 2, lines 4 through 17).

(4) Renumber the SECTIONS of the bill accordingly.

The amendment to HB 1495 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 except as follows:

Nays: Powell.

HB 1495 as amended 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: Bettencourt, Hughes, Paxton, Powell.

HOUSE BILL 1495 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 HB 1495 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 4.

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

Nays: Bettencourt, Hughes, Paxton, Powell.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

SENATE BILL 7 WITH HOUSE AMENDMENTS

Senator Creighton called SB 7 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 7 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to flood planning, mitigation, and infrastructure projects; making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 15.405, Water Code, is amended to read as follows:

Sec. 15.405. FLOOD CONTROL PLANNING CONTRACTS.

SECTION 2. Section 15.405, Water Code, is amended by amending Subsections (a), (f), and (g) and adding Subsection (a-1) to read as follows:

(a) In this section, "flood control planning" means any work related to:

(1) planning for flood protection;

(2) preparing applications for and obtaining regulatory approvals at the local, state, or federal level;

(3) activities associated with administrative or legal proceedings by regulatory agencies; and

(4) preparing engineering plans and specifications to provide structural or nonstructural flood mitigation and drainage.

(a-1) The board may enter into contracts with political subdivisions to pay from the research and planning fund all or part of the cost of [~~developing~~] flood control planning [~~plans~~] for the political subdivision.

(f) The board shall adopt rules establishing criteria of eligibility for flood control planning money that considers:

(1) the relative need of the political subdivision for the money, giving greater importance to a county that has a median household income that is not greater than 85 percent of the median state household income;

(2) the legal authority of the political subdivision to plan for and control flooding; and

(3) the effect of flood control planning by the political subdivision on overall flood control in the state and within the area in which the political subdivision is located.

(g) The board shall require that flood control planning documents [~~plans~~] developed under contracts entered into under this section be made available to the commission.

SECTION 3 Chapter 15, Water Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. FLOOD INFRASTRUCTURE FUND

Sec. 15.531. DEFINITIONS. In this subchapter:

(1) "Eligible political subdivision" means a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a municipality, or a county.

(2) "Flood project" means a drainage, flood mitigation, or flood control project, including:

(A) planning and design activities;

(B) work to obtain regulatory approval to provide nonstructural and structural flood mitigation and drainage;

(D) construction and implementation of nonstructural projects, including projects that use nature-based features to protect, mitigate, or reduce flood risk.

(3) "Infrastructure fund" means the flood infrastructure fund.

(4) "Metropolitan statistical area" means an area so designated by the United States Office of Management and Budget.

Sec. 15.532. FINDINGS. The legislature finds that:

(1) the creation of the infrastructure fund and the administration of the fund by the board will encourage the development of nonstructural and structural flood mitigation in the state;

(2) the use of the infrastructure fund is in furtherance of the public purpose of mitigating the effects of flooding in the state; and

(3) the use of the infrastructure fund for the purposes provided by this subchapter is for the benefit of both the state and the political subdivisions to which the board makes financial assistance available in accordance with this subchapter and constitutes a program under Sections 49-d-3 and 52-a, Article III, Texas Constitution.

Sec. 15.533. FLOOD INFRASTRUCTURE FUND. (a) The flood infrastructure fund is a special fund in the state treasury outside the general revenue fund.

(b) The infrastructure fund may be used by the board, without further legislative appropriation, only as provided by this subchapter.

(1) appropriations from the legislature for a purpose of the infrastructure fund;

(2) proceeds of general obligation bonds issued for a purpose of the infrastructure fund;

(3) any fees or other sources of revenue that the legislature dedicates for deposit to the infrastructure fund;

(4) repayments of loans made from the infrastructure fund;

(5) interest earned on money credited to the infrastructure fund;

(6) depository interest allocable to the infrastructure fund;

(7) money from gifts, grants, or donations to the infrastructure fund; and

(8) money from revenue bonds or other sources designated by the board for deposit to the infrastructure fund.

Sec. 15.534. USE OF INFRASTRUCTURE FUND. (a) The board may use the infrastructure fund only:

(1) to make a loan to an eligible political subdivision at or below market interest rates for a flood project;

(2) to make a grant, low interest loan, or zero interest loan to an eligible political subdivision for:

(A) a flood project to serve an area outside of a metropolitan statistical area in order to ensure that the flood project is implemented; or

(B) a flood project to serve an economically distressed area;

(3) to make a loan at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a flood project;

(4) to make a grant to an eligible political subdivision to provide matching funds to enable the eligible political subdivision to participate in a federal program for a flood project;

(5) as a source of revenue or security for the payment of principal and interest on bonds issued by the board if the proceeds of the sale of the bonds will be deposited in the infrastructure fund; and

(6) to pay the necessary and reasonable expenses of the board in administering the infrastructure fund.

(b) Principal and interest payments on loans made under Subsection (a)(3) may be deferred for not more than 10 years or until construction of the flood project is completed, whichever is earlier.

Sec. 15.535. APPLICATION REQUIREMENTS. (a) Except as provided by Subsection (c), an eligible political subdivision applying for financial assistance under this subchapter for a proposed flood project must demonstrate in the application that:

(1) the eligible political subdivision has acted cooperatively with other political subdivisions to address flood control needs in the area in which the eligible political subdivisions are located;

(2) all eligible political subdivisions substantially affected by the proposed flood project have participated in the process of developing the proposed flood project;

(3) the eligible political subdivisions, separately or in cooperation, have held public meetings to accept comment on proposed flood projects from interested parties; and

(4) the technical requirements for the proposed flood project have been completed and compared against any other potential flood projects in the same area.

(b) The application must include an analysis of whether the proposed flood project could use floodwater capture techniques for water supply purposes, including floodwater harvesting, detention or retention basins, or other methods of capturing storm flow or unappropriated flood flow.

(c) An eligible political subdivision applying for assistance under Section 15.534(a)(3) is not required to make the demonstration described by Subsection (a)(4) of this section.

Sec. 15.536. APPROVAL OF APPLICATIONS. On review and recommendation by the executive administrator, the board may approve an application only if the board finds that:

(1) the application and the assistance applied for meet the requirements of this subchapter and board rules;

(2) the application demonstrates a sufficient level of cooperation among eligible political subdivisions and includes all of the eligible political subdivisions substantially affected by the flood project; and

(3) the taxes or other revenue, or both the taxes and other revenue, pledged by the applicant will be sufficient to meet all the obligations assumed by the eligible political subdivision.

Sec. 15.537. RULES. The board shall adopt rules necessary to carry out this subchapter, including rules:

(1) that establish procedures for an application for and for the award of financial assistance;

(2) for the investment of money; and

(3) for the administration of the infrastructure fund.

Sec. 15.538. INFORMATION CLEARINGHOUSE. The board shall act as a clearinghouse for information about state and federal flood planning, mitigation, and control programs that may serve as a source of funding for flood projects.

Sec. 15.539. LIABILITY. Participation in cooperative flood planning to obtain money under this subchapter does not subject an eligible political subdivision to civil liability in regard to a flood project.

SECTION 4. Subchapter H, Chapter 49, Water Code, is amended by adding Section 49.239 to read as follows:

Sec. 49.239. COOPERATIVE FLOOD CONTROL. A district, including a river authority, may participate in cooperative flood control planning for the purpose of obtaining financial assistance as an eligible political subdivision for a flood control project under Subchapter I, Chapter 15.

SECTION 5. Contingent on legislation of the 86th Legislature, Regular Session, 2019, that requires the creation of a state flood plan passing and becoming law, on the date that the Texas Water Development Board adopts the initial state flood plan in accordance with that law:

(1) Section 15.534, Water Code, as added by this Act, expires; and

(2) Subchapter I, Chapter 15, Water Code, is amended by adding Section 15.5341 to read as follows:

Sec. 15.5341. USE OF INFRASTRUCTURE FUND. (a) The board may use the infrastructure fund only to provide financing for flood projects included in the state flood plan.

(b) Money from the infrastructure fund may be awarded to several eligible political subdivisions for a single flood project.

SECTION 6. (a) The amount of $3.26 billion is appropriated out of the economic stabilization fund to the flood infrastructure fund for purposes of implementing Subchapter I, Chapter 15, Water Code, as added by this Act.

(b) This section takes effect only if this Act is approved by a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.

SECTION 7. This Act takes effect January 1, 2020, but only if the constitutional amendment proposed by the 86th Legislature, Regular Session, 2019, authorizing the legislature to provide for the creation of the flood infrastructure fund to assist in the financing of drainage, flood mitigation, and flood control projects is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.

Floor Amendment No. 1

Amend CSSB 7 (house committee printing) by striking all below the enacting clause and substituting the following:

ARTICLE 1. FLOOD CONTROL PLANNING

SECTION 1.01. The heading to Section 15.405, Water Code, is amended to read as follows:

Sec. 15.405. FLOOD CONTROL PLANNING CONTRACTS.

SECTION 1.02. Section 15.405, Water Code, is amended by amending Subsections (a), (f), and (g) and adding Subsection (a-1) to read as follows:

(a) In this section, "flood control planning" means any work related to:

(1) planning for flood protection;

(2) preparing applications for and obtaining regulatory approvals at the local, state, or federal level;

(3) activities associated with administrative or legal proceedings by regulatory agencies; and

(4) preparing engineering plans and specifications to provide structural or nonstructural flood mitigation and drainage.

(f) The board shall adopt rules establishing criteria of eligibility for flood control planning money that considers:

(2) the legal authority of the political subdivision to plan for and control flooding; and

(3) the effect of flood control planning by the political subdivision on overall flood control in the state and within the area in which the political subdivision is located.

(g) The board shall require that flood control planning documents [~~plans~~] developed under contracts entered into under this section be made available to the commission.

ARTICLE 2. FLOOD INFRASTRUCTURE FUND

SECTION 2.01. Chapter 15, Water Code, is amended by adding Subchapter I to read as follows: