(Continued)

(Tuesday, April 6, 2021)

The Senate met at 11:00 a.m. and was called to order by the President.

Senator Paxton offered the invocation as follows:

Our Father in heaven, as we gather today, our first day together after Easter weekend, first of all come to thank You that You are our God, that You came to us not because we deserved it, but because of Your great love for us. Thank You. The birth, the life, the atoning death and resurrection of Your son, it is for freedom, Christ has set us free. Today, as we engage in the work of the people of Texas as the duly elected Senators for those people, we ask that You would give us focus and energy and clarity to bring our very best to this floor and to one another as we thoughtfully, prayerfully consider how to best serve the people who've sent us here, how best to serve You. And even more, Father, I ask that You would give us what we cannot bring which is divine wisdom, divine love, divine vision that as we consider together what comes before us on this floor today, we would do it in a way that accomplishes purposes we could never even imagine, purposes higher and better, purposes that are not just temporal, but eternal. With that, Father, we pray send Your spirit here among us, within us, around us. And it is the name of Jesus, who has saved us, who keeps us saved, and who is coming again, that we pray. Amen.

HOUSE CHAMBER

Austin, Texas

Tuesday, April 6, 2021 - 1

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

Relating to the computation of the replenishment ratio used to determine an employer's unemployment compensation contribution tax rate.

Relating to the preparedness for extreme weather emergencies of facilities that provide electricity service; providing an administrative penalty.

Relating to measures to facilitate the award of postsecondary course credit leading to workforce credentialing based on military experience, education, and training.

Relating to state occupational licensing of certain military veterans and military spouses.

Relating to liability arising from farm animals.

Relating to requirements for human trafficking awareness and prevention in commercial lodging establishments; authorizing a civil penalty.

Relating to notice requirements for a leased dwelling located in a floodplain.

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

Relating to the rule against perpetuities.

Relating to the eligibility of certain children who are or were in foster care for free prekindergarten programs in public schools.

Relating to the possession and administration of certain vaccines by a home and community support services agency or its employees.

Relating to the franchise tax treatment of certain loans and grants made under the federal Coronavirus Aid, Relief, and Economic Security Act.

Relating to certain procedures regarding court-ordered financial support for a child in the conservatorship of the Department of Family and Protective Services.

Relating to methods to send applications and orders for sealing juvenile records.

Relating to the sale of alcoholic beverages in areas annexed by certain municipalities.

Relating to excluding the furnishing of an academic transcript from the definition of "information service" for purposes of sales and use taxes.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

The President announced the signing of the following enrolled resolution in the presence of the Senate:  HCR 70.

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

April 1, 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 appointment:

To be a member of the Public Utility Commission of Texas for a term to expire September 1, 2025:

James W. "Will" McAdams

Cedar Park, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

April 1, 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 Texas Optometry Board for terms to expire January 31, 2027:

Ronald L. "Ron" Hopping, O.D.

Friendswood, Texas

Carey A. Patrick, O.D.

Allen, Texas

Rene D. Pena

El Paso, Texas

The individuals listed above are being reappointed.

Respectfully submitted,

/s/Greg Abbott

Governor

April 6, 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 Texas State Board of Acupuncture Examiners for terms to expire January 31, 2027:

Maria M. Garcia

Plano, Texas

Samantha A. Gonzalez

San Antonio, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

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.

Senator Campbell offered the following resolution:

SR 216, Commemorating the 2021 State Civics Fair and its participants.

CAMPBELL

MENÉNDEZ

The resolution was read and was adopted without objection.

Senator Campbell, joined by Senators Menéndez and Eckhardt, was recognized and introduced to the Senate Susan Nold, Director, and Heather Vaughn, Educational Outreach Coordinator, Annette Strauss Institute for Civic Life.

The Senate welcomed its guests.

Senator Birdwell acknowledged the Baylor University men's basketball team for winning a national championship.

Senator Buckingham offered the following resolution:

SR 219, Recognizing April 9, 2021, as Realtor Day.

The resolution was read and was adopted without objection.

Senator Buckingham was recognized and introduced to the Senate Marvin Jolly, Texas Association of Realtors.

The Senate welcomed its guest.

Mr. President:

The following members hereby request to suspend Senate Rule 7.07(b), Limitations on Introduction, to permit the introduction of bills and resolutions as follows:

SB 2157 by Creighton, Relating to desired future conditions for groundwater that are declared unreasonable.

SB 2158 by Campbell, Relating to authorizing the Texas Education Agency to provide identification kits for certain children.

SB 2160 by Menéndez, Relating to the filing of an assumed name certificate by certain business entities.

SB 2168 by Hinojosa, Relating to the creation of additional judicial districts in Hidalgo County.

SB 2169 by Hinojosa, Relating to the operations of the Nueces County Hospital District, including the operations of a health care provider participation program administered by the district.

SB 2181 by West, Relating to the financing of certain sports and community venue projects.

SB 2187 by Nichols, Relating to passenger transportation on state aircraft.

SB 2188 by Seliger, Relating to the municipal or county regulation of residential detention facilities for immigrant or refugee children.

The Motion In Writing was read and prevailed without objection.

The following bills were introduced, read first time, and referred to the committees indicated:

SB 2143 by Hall

Relating to the qualifications and method of electing directors of the High Point Special Utility District of Kaufman and Rockwall Counties.

To Committee on Local Government.

SB 2157 by Creighton

Relating to desired future conditions for groundwater that are declared unreasonable.

To Committee on Water, Agriculture & Rural Affairs.

SB 2158 by Campbell

Relating to authorizing the Texas Education Agency to provide identification kits for certain children.

To Committee on Education.

SB 2160 by Menéndez

Relating to the filing of an assumed name certificate by certain business entities.

To Committee on Business & Commerce.

SB 2168 by Hinojosa

Relating to the creation of additional judicial districts in Hidalgo County.

To Committee on Jurisprudence.

SB 2169 by Hinojosa

Relating to the operations of the Nueces County Hospital District, including the operations of a health care provider participation program administered by the district.

To Committee on Local Government.

SB 2176 by Hughes

Relating to the powers and duties of the Franklin County Water District; providing authority to issue bonds.

To Committee on Local Government.

SB 2177 by Kolkhorst

Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 5; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2178 by Kolkhorst

Relating to the creation of the Harris County Municipal Utility District No. 576; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2179 by Kolkhorst

Relating to the creation of the Fort Bend County Municipal Utility District No. 246; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2180 by Bettencourt

Relating to the creation of the Harris County Municipal Utility District No. 581; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2181 by West

Relating to the financing of certain sports and community venue projects.

To Committee on Natural Resources & Economic Development.

SB 2182 by Creighton

Relating to the creation of the Montgomery County Water Control and Improvement District No. 205; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2183 by Campbell

Relating to the boundaries of, and validating certain acts and proceedings of, the Driftwood Conservation District.

To Committee on Water, Agriculture & Rural Affairs.

SB 2184 by Taylor

Relating to the authority of the Brazoria Drainage District Number Four to impose a maintenance tax and the validation of certain acts of the Brazoria Drainage District Number Four.

To Committee on Local Government.

SB 2185 by Hinojosa

Relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3.

To Committee on Local Government.

SB 2186 by Hinojosa

Relating to the powers and duties of the Port of Corpus Christi Authority of Nueces County, Texas.

To Committee on Ports.

SB 2187 by Nichols

Relating to passenger transportation on state aircraft.

To Committee on Transportation.

SB 2188 by Seliger, Gutierrez

Relating to the municipal or county regulation of residential detention facilities for immigrant or refugee children.

To Committee on Local Government.

The following bill received from the House was read first time and referred to the committee indicated:

HB  1195 to Committee on Finance.

The President laid before the Senate the following resolution:

SCR 39, In memory of Clyde Moody Siebman.

SPRINGER

HUGHES

On motion of Senator Springer, the resolution was considered immediately, was read, and was adopted by a rising vote of the Senate.

In honor of the memory of Clyde Moody Siebman, the text of the resolution is printed at the end of today's Senate Journal.

The President laid before the Senate the following resolution:

SCR 42, In memory of Moises Sanchez.

HINOJOSA

LUCIO

On motion of Senator Hinojosa, the resolution was considered immediately, was read, and was adopted by a rising vote of the Senate.

In honor of the memory of Moises Sanchez, the text of the resolution is printed at the end of today's Senate Journal.

Senator Nelson moved to suspend the regular order of business to take up for consideration CSSB 1 at this time on its second reading:

CSSB 1, General Appropriations Bill.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

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

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

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 CSSB 1 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.

On motion of Senator Buckingham and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 632 at this time on its second reading:

CSSB 632, Relating to provision of broadband infrastructure and connectivity by the Lower Colorado River Authority.

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

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

Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 632 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.

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SB 43 at this time on its second reading:

SB 43, Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan; providing licensing and registration requirements; authorizing an administrative penalty.

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

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

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 SB 43 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.

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 702 at this time on its second reading:

CSSB 702, Relating to the continuation and functions of the Prepaid Higher Education Tuition Board.

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

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

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 702 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.

On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration SB 297 at this time on its second reading:

SB 297, Relating to the criminal history record information requirement for applicants for renewal of a license issued by the Texas State Board of Public Accountancy.

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

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

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 SB 297 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.

On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 581 at this time on its second reading:

CSSB 581, Relating to regulation by a property owners' association of certain religious displays.

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

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

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 CSSB 581 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

The bill was read third time and was passed by the following vote:  Yeas 31, Nays 0.

Senator Perry moved to suspend the regular order of business to take up for consideration SB 155 at this time on its third reading and final passage:

SB 155, Relating to the use of information from the lists of noncitizens and nonresidents excused or disqualified from jury service.

The motion prevailed by the following vote:  Yeas 18, Nays 13.

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

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, Lucio, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.

The bill was read third time and was passed by the following vote:  Yeas 18, Nays 13. (Same as previous roll call)

On motion of Senator Buckingham and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Nominations might meet today.

On motion of Senator Nichols and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Transportation might meet and consider SB 2187 tomorrow.

On motion of Senator Huffman and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Jurisprudence might meet today.

On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Local Government might meet and consider SB 2188 today.

On motion of Senator Springer, Senator Hughes will be shown as Co-author of SB 22.

On motion of Senator Zaffirini, Senators Hinojosa and West will be shown as Co-authors of SB 43.

On motion of Senator Miles, Senator West will be shown as Co-author of SB 73.

On motion of Senator Blanco, Senator Hinojosa will be shown as Co-author of SB 171.

On motion of Senator Seliger, Senator Powell will be shown as Co-author of SB 177.

On motion of Senator Paxton, Senator Johnson will be shown as Co-author of SB 344.

On motion of Senator Bettencourt, Senators Taylor and West will be shown as Co-authors of SB 581.

On motion of Senator Buckingham, Senator Eckhardt will be shown as Co-author of SB 632.

On motion of Senator Bettencourt, Senator Springer will be shown as Co-author of SB 1112.

On motion of Senator Bettencourt, Senators Birdwell and Taylor will be shown as Co-authors of SB 1113.

On motion of Senator Bettencourt, Senator Taylor will be shown as Co-author of SB 1116.

On motion of Senator Springer, Senators Paxton and Zaffirini will be shown as Co-authors of SB 1126.

On motion of Senator Kolkhorst, Senator West will be shown as Co-author of SB 1137.

On motion of Senator Taylor, Senator Bettencourt will be shown as Co-author of SB 1160.

On motion of Senator Seliger, Senator Powell will be shown as Co-author of SB 1180.

On motion of Senator Whitmire, Senator Powell will be shown as Co-author of SB 1196.

On motion of Senator Creighton, Senator Zaffirini will be shown as Co-author of SB 1780.

On motion of Senator Lucio, Senator Nichols will be shown as Co-author of SB 1922.

On motion of Senator Alvarado, Senator Powell will be shown as Co-author of SJR 49.

The following resolutions were adopted by the Senate:

SR 223 by Eckhardt, In memory of Juan Benjamin Holguin Sr.

SR 221 by Eckhardt, Recognizing Lillyan Baker Duck and Lloyd Nolan Duck III on the birth of their son, Hooper James Duck.

SR 222 by Eckhardt, Recognizing Michael Albers and Allison Craig on the birth of their daughter, Hanna Coraline Albers.

On motion of Senator Whitmire, the Senate at 3:29 p.m. adjourned, in memory of John Calvin "JC" Campbell, Hank Jones, Clyde Moody Siebman, and Moises Sanchez, until 11:00 a.m. tomorrow.

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

BUSINESS AND COMMERCE — CSSB 424, CSSB 877

JURISPRUDENCE — CSSB 1822, CSSB 1529

FINANCE — CSSB 799, CSSB 248

CRIMINAL JUSTICE — CSSB 36, CSSB 476

HIGHER EDUCATION — CSSB 1525, CSSB 1490, SB 1094, SB 346, SB 165, CSSB 1251, CSSB 480

EDUCATION — CSSB 28, CSSB 89, CSSB 226

BUSINESS AND COMMERCE — CSSB 6, CSSB 876

STATE AFFAIRS — CSSB 1387, CSSB 1025, CSSJR 45

SB 1, SB 43, SB 155, SB 297, SB 581, SB 632, SB 702

SR 216, SR 219, SR 221, SR 222, SR 223

WHEREAS, The untimely death of noted attorney and admired civic leader Clyde Moody Siebman on March 4, 2021, at the age of 62, brought a great loss to his family, his friends, and the legal community in Texas and beyond; and

WHEREAS, Born in Sherman on November 26, 1958, to Newell and Carol Siebman, Clyde Siebman grew up in Pottsboro and Plano with the companionship of his beloved sister, Annette, and numerous dear cousins; he received a dual bachelor's degree in business administration and psychology at Southern Methodist University, and while completing his juris doctor degree at SMU Dedman School of Law, he met his future wife, Carol Ann Mumm; they became the proud parents of a daughter, Elizabeth, and they were eventually blessed with a granddaughter, Kendall; and

WHEREAS, Mr. Siebman began his career as a law clerk for U.S. District Judge Paul Brown, inaugural judge of the Eastern District of Texas; in 1991, he became a founding partner of Siebman, Forrest, Burg, & Smith, known as Siebman & Siebman during the years he practiced with his wife, before she joined the judiciary; today, the firm has offices in Sherman and four other cities, and the legal team includes his daughter, Elizabeth Siebman Forrest, a named partner, and his niece, Becca Skupin, an associate; and

WHEREAS, A national expert in intellectual property law, Mr. Siebman began handling such cases even before the Eastern District became a preferred venue for patent litigation; he was heavily involved in the New York Intellectual Property Law Association, the Leahy Institute of Advanced Patent Studies, and the Sedona Conference; moreover, he was frequently called upon to moderate judicial panels and appear at legal conferences across the country; he also visited Chinese universities with a delegation of attorneys and judges and lectured on U.S. trial practices; among myriad accolades, he was recognized by The Best Lawyers in America as 2018 Dallas/Fort Worth Lawyer of the Year for Patent Litigation and 2020 Dallas/Fort Worth Lawyer of the Year for Copyright Litigation; and

WHEREAS, Mr. Siebman regularly represented clients in complex commercial litigation in the Fifth U.S. Circuit Court of Appeals, as well as other venues, and he served his profession in numerous leadership roles; committed to innovation, he chaired the advisory board of the Institute for Law and Technology and served as an ex officio member of the board; he worked tirelessly in behalf of his colleagues in East Texas, founding the district's bar association and serving as its president; moreover, he was the driving force behind the association's Bench-Bar Conference of the Eastern District of Texas, one of the nation's foremost legal programs, and served as chair for a quarter century; he made further contributions as a member of several Eastern District committees and the State Bar of Texas Board of Directors; and

WHEREAS, Highly engaged in civic life, Mr. Siebman served as Republican Party chair in Grayson County and as a member of the State Republican Executive Committee; he energetically supported GOP candidates at all levels and was instrumental in the ascendance of the Republican Party in the county and the state; nevertheless, he was happy to reach across the aisle in the public interest, and he received plaudits in the Eastern District for his work with a prominent local Democrat to fill vacant federal judgeships; in 2000, he was a member of the Presidential Electoral College; and

WHEREAS, Mr. Siebman served on the Red River Boundary Commission and played a key role in resolving a dispute between Texas and Oklahoma dating back to the Louisiana Purchase; as conservator of the Riverbend Water Resource District, he helped settle a decades-long legal battle over water issues in East Texas and Southwest Arkansas, and he was appointed in 2017 to the Red River Interstate Compact Commission; he also served as chair of the North Texas Regional Airport Board and of the Grayson County Regional Mobility Authority; and

WHEREAS, Clyde Siebman made a tremendous positive impact through his professional and civic contributions, earning the high esteem of all who knew him, but he will be remembered equally for his warmth, integrity, and kindness; now, therefore, be it

RESOLVED, That the 87th Legislature of the State of Texas hereby pay tribute to the life of Clyde Moody Siebman and extend sincere condolences to his loved ones; and, be it further

RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Clyde Moody Siebman.

SPRINGER

HUGHES

WHEREAS, The Legislature of the State of Texas honors and commemorates the life of Trooper Moises Sanchez, who died on August 24, 2019, at the age of 49; and

WHEREAS, A treasured Texan and a highly esteemed law enforcement officer, Moises Sanchez is remembered for his rewarding life of service to his fellow citizens and for his strength, his courage, and his many contributions to his community and state; and

WHEREAS, Moises Sanchez served his country with distinction in the United States Marine Corps from 1989 to 1993, and he had a successful 18-year career with FedEx; he went on to join the Texas Department of Public Safety, and he served as a state trooper for more than four years; he earned a reputation for excellence in the field of law enforcement, and he was greatly respected and admired by his colleagues; and

WHEREAS, On April 6, 2019, Trooper Sanchez sustained two gunshot wounds while serving in the line of duty in Edinburg, Texas, and he passed away as a result of his injuries nearly five months later; Trooper Sanchez was posthumously honored as a recipient of the 2019 Star of Texas Award in recognition of his sacrifice and service as a first responder; and

WHEREAS, Throughout his career in law enforcement, Moises Sanchez demonstrated uncommon bravery and fortitude and an exceptional commitment to public service; he was also a devoted husband to his wife, Yvonne, and a devoted father to his three children, Zachary, Zebastian, and Zoey; it is truly fitting that the Texas Legislature honor his life and his invaluable service to the citizens of Texas; now, therefore, be it

RESOLVED, That the 87th Legislature of the State of Texas hereby pay tribute to the life of Moises Sanchez and extend sincere condolences to his family; and, be it further

RESOLVED, That a copy of this resolution be prepared in honor and in memory of Moises Sanchez.

HINOJOSA

LUCIO