(Wednesday, March 17, 2021)

The Senate met at 1:49 p.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present:  Alvarado, Bettencourt, Birdwell, Blanco, Buckingham, Campbell, Creighton, Eckhardt, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.

Absent-excused:  Miles, Paxton.

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

Senator Powell offered the invocation as follows:

It's God's amazing grace that brings us together on this day and in this hallowed place. Through God's amazing grace, we are privileged to be here together to protect all Texans, educate our precious children and youth, and to care for the most vulnerable among us. We pray today that just as Your amazing grace blesses our daily lives that we will be blessed in this gathering. We pray especially that each one of us will be filled with unity, with hope, and with wisdom. Lord, as we pray for unity, we ask that You create in every heart today a deep respect for one another, one that brings us to consensus as we seek to do the important work of our beloved state. And, Lord, instill hope in our hearts and renew our faith so that we can work together with shared purpose to create a better future for our citizens. Lord, we pray for wisdom that our words and our actions be guided today by wisdom as we work to protect the most vulnerable, to ensure equal opportunity, and rise to the challenges of such a complex time. I pray these things today according to my faith in Jesus' name while respecting and honoring all faiths. 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.

On motion of Senator Whitmire, Senator Miles was granted leave of absence for today on account of illness.

On motion of Senator Whitmire, Senator Paxton was granted leave of absence for today on account of illness.

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

March 17, 2021

Austin, Texas

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

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

To be members of the Correctional Managed Health Care Committee for terms to expire February 1, 2025:

John W. Burruss, M.D.

Dallas, Texas

Diego De la Mora, M.D.

Horizon City, Texas

Robert D. "Bobby" Greenberg, M.D.

Belton, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

March 17, 2021

Austin, Texas

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

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

To be members of the Motor Vehicle Crime Prevention Authority for terms to expire February 1, 2027:

Julio C. Gonzalez

Dallas, Texas

Gilberto Salinas

Brownsville, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

March 17, 2021

Austin, Texas

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

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

To be members of the Guadalupe-Blanco River Authority Board of Directors for terms to expire February 1, 2027:

Sheila L. Old

Seguin, Texas

Dennis L. Patillo

Victoria, Texas

Andra M. Wisian

Boerne, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Buckingham.

Senator Buckingham moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:  Yeas 29, Nays 0.

Absent-excused:  Miles, Paxton.

Administrator, Texas Bullion Depository:  Macy Douglas, Travis County.

Public Counsel, Office of Injured Employee Counsel:  Jessica Corna Barta, Travis County.

Members, Real Estate Research Advisory Committee:  Douglas Brian Foster, Caldwell County; Vicki Lynn Fullerton, Montgomery County; Warren Douglas Jennings, Tarrant County; Elizabeth Robison Martin, Kendall County; Walter Frederick Nelson, Montgomery County; Rebecca W. Vajdak, Bell County.

Members, Statewide Health Coordinating Council:  Kimberly Nicole Haynes, Travis County; Doris Jean Jackson, Fort Bend County; Cheryl Denise Turner Sparks, Howard County; Bharath Thankavel, Dallas County.

Commissioner, Texas Animal Health Commission:  Thomas Eugene Oates, Walker County.

Members, Texas Appraiser Licensing and Certification Board:  Ray Bolton, Travis County; Rolando Flores Castro, Harris County; Paola Escalante-Castillo, Hidalgo County; Martha Gayle Reid Lynch, El Paso County; Sara Jones Oates, Travis County; Stephanie Robinson, Collin County; Lisa Huber Sprinkle, El Paso County.

Members, Texas Board of Professional Engineers and Land Surveyors:  Coleen Marie Johnson, Travis County; Marguerite McClinton Stoglin, Tarrant County; Sina Kouchekali Nejad, Jefferson County.

Members, Texas Crime Stoppers Council:  Lauren Hart Day, Travis County; Gregory F. New, Ellis County; Stephanie Louise Vanskike, Hardin County.

Members, State Board of Trustees, Texas Emergency Services Retirement System:  Nathan Douglas, Harris County; Matthew Ray Glaves, Brazoria County; Jerry Romero, El Paso County.

Members, Board of Directors, Texas Health Services Authority:  Paula Ellen Anthony-McMann, Smith County; Victoria Ai Linh Bryant, Harris County; Shannon Kay Sowder Calhoun, Goliad County; Lourdes Matiana Cuellar, Harris County; Salil Vijay Deshpande, Harris County; Emily Ann Francis Hartmann, El Paso County; Jonathan James Sandstrom Hill, Travis County; Kenneth Scott James, Travis County; Jerome P. Lisk, Smith County; Leticia C. Rodriguez, Ward County; Siobhan Anna Garcia Shahan, Lubbock County; Carlos James Vital, Harris County.

Members, Board of Directors, Texas Underground Facility Notification Corporation:  Joe Louis Canales, Travis County; Joseph Wayne Costa, Dallas County; Roberto Gerardo De Leon, Nueces County; Senaida Galvan, Bexar County; William Ogden Geise, Travis County; Sockalingam Kannappan, Harris County; Christopher Scott Nowak, Harris County; George Spencer, Travis County.

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

There was no objection.

The President at 1:56 p.m. announced the conclusion of morning call.

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 25 at this time on its second reading:

CSSB 25, Relating to the right of certain residents to designate an essential caregiver for in-person visitation.

The motion prevailed by the following vote:  Yeas 29, Nays 0.

Absent-excused:  Miles, Paxton.

The bill was read second time.

Senator Kolkhorst offered the following amendment to the bill:

Amend CSSB 25 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  It is the intent of the legislature to ensure that residents of long-term care facilities and other residences have a guaranteed right to visitation by family members, friends, caregivers, and other individuals. The legislature expects facilities and program providers to ensure that the guaranteed visitation rights are available to residents every day of each year, consistent with existing resident rights. The legislature intends for facilities and program providers to temporarily limit a resident's guaranteed visitation rights to in-person visitation by essential caregivers only during a declared public health emergency.

The amendment to CSSB 25 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Absent-excused:  Miles, Paxton.

Senator Kolkhorst offered the following amendment to the bill:

Amend CSSB 25 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  If before implementing any 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 that provision until the waiver or authorization is granted.

The amendment to CSSB 25 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:

Absent-excused:  Miles, Paxton.

Senator Campbell offered the following amendment to the bill:

Amend CSSB 25 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, in added Section 260B.0002(c), Health and Safety Code (page 2, line 25), immediately following the underlined period, insert the following:

(2)  In SECTION 2 of the bill, in added Section 555.202(c), Health and Safety Code (page 3, line 5), immediately following the underlined period, insert the following:

The amendment to CSSB 25 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. 3 except as follows:

Absent-excused:  Miles, Paxton.

Senator Campbell offered the following amendment to the bill:

Amend CSSB 25 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, in added Section 260B.0002(e), Health and Safety Code (page 2, line 30), between "may" and "suspend", insert "petition the commission to".

(2)  In SECTION 1 of the bill, in added Section 260B.0002(e), Health and Safety Code (page 2, line 32), between "risk." and "A", insert the following:

(3)  In SECTION 1 of the bill, in added Section 260B.0002(e), Health and Safety Code (page 2, line 34), between "in-person" and "visitation", insert "essential caregiver".

(4)  In SECTION 2 of the bill, in added Section 555.202(e), Health and Safety Code (page 3, line 9), between "may" and "suspend", insert "petition the commission to".

(5)  In SECTION 2 of the bill, in added Section 555.202(e), Health and Safety Code (page 3, line 11), between "risk." and "A", insert the following:

(6)  In SECTION 2 of the bill, in added Section 555.202(e), Health and Safety Code (page 3, line 13) between "in-person" and "visitation", insert "essential caregiver".

The amendment to CSSB 25 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. 4 except as follows:

Absent-excused:  Miles, Paxton.

CSSB 25 as amended was passed to engrossment by the following vote:  Yeas 29, Nays 0.

Absent-excused:  Miles, Paxton.

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 CSSB 25 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 29, Nays 0.

Absent-excused:  Miles, Paxton.

The bill was read third time and was passed by the following vote:  Yeas 29, Nays 0.  (Same as previous roll call)

On motion of Senator Kolkhorst and by unanimous consent, the regular order of business was suspended to take up for consideration CSSJR 19 at this time on its second reading:

CSSJR 19, Proposing a constitutional amendment establishing a right for certain residents receiving care in residential settings to designate an essential caregiver for in-person visitation.

The resolution was read second time and was passed to engrossment by a viva voce vote.

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

Absent-excused:  Miles, Paxton.

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 CSSJR 19 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 29, Nays 0.

Absent-excused:  Miles, Paxton.

The resolution was read third time and was passed by the following vote:  Yeas 29, Nays 0.  (Same as previous roll call)

Senator Perry submitted a Motion In Writing requesting that SB 29 be withdrawn from the Committee on Education and rereferred to the Committee on State Affairs.

The Motion In Writing was read and prevailed without objection.

On motion of Senator Kolkhorst, Senators Alvarado, Taylor, and West will be shown as Co-authors of SB 25.

On motion of Senator Seliger, Senator Blanco will be shown as Co-author of SB 230.

On motion of Senator Hinojosa, Senators Blanco and Gutierrez will be shown as Co-authors of SB 780.

On motion of Senator Hinojosa, Senator Lucio will be shown as Co-author of SB 956.

On motion of Senator Creighton, Senator Blanco will be shown as Co-author of SB 1101.

On motion of Senator Taylor, Senator Johnson will be shown as Co-author of SB 1276.

On motion of Senator Bettencourt, Senator Hinojosa will be shown as Co-author of SB 1362.

On motion of Senator Gutierrez, Senator Blanco will be shown as Co-author of SB 1378.

On motion of Senator Kolkhorst, Senators Bettencourt, Creighton, Taylor, and West will be shown as Co-authors of SJR 19.

The following resolutions were adopted by the Senate:

SR 145 by Zaffirini, Recognizing Alec Martinez, Silvia Castanos, and the volunteers of Red Wing United for their relief efforts during the COVID-19 pandemic.

SR 146 by Hinojosa, Recognizing Robert Ezekiel Schmidt for achieving the rank of Eagle Scout.

SR 147 by Hinojosa, Recognizing John Robert Hatherill for his contributions to the Natural Sciences Department at Del Mar College.

SR 148 by Kolkhorst, Recognizing Carter Houston McVean, Senior Royalty King of the 131st Brenham Maifest.

SR 149 by Kolkhorst, Recognizing Clara Ashley Hamilton, Senior Royalty Queen of the 131st Brenham Maifest.

SR 150 by Kolkhorst, Recognizing John Paul Kenjura, Junior Royalty King of the 131st Brenham Maifest.

SR 151 by Kolkhorst, Recognizing Dinah Grace Sue Neil, Junior Royalty Queen of the 131st Brenham Maifest.

On motion of Senator Whitmire and by unanimous consent, the Senate at 2:58 p.m. agreed to recess, pending the receipt of messages and committee reports, until 4:00 p.m. tomorrow.

Pursuant to a previously adopted motion, the Senate at 3:59 p.m. Thursday, March 18, 2021, recessed until 4:00 p.m. today.

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

STATE AFFAIRS — SB 45, CSSB 157, SB 155, SB 798, SB 156, SB 198, SB 270, CSSJR 27, CSSB 26, SB 247, SB 231, SB 30

SB 25, SJR 19

SR 145, SR 146, SR 147, SR 148, SR 149, SR 150, SR 151