(Thursday, April 15, 2021)

The Senate met at 12:00 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, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.

Absent-excused:  Lucio.

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

Senator Miles offered the invocation as follows:

Lord, we pray for our Members on both sides in the Senate and the House. Reveal Yourself to us, bring us closer to You, each in our own unique way, that we may hear Your voice clearly and distinctly. Speak to us of truth, integrity, justice, and fairness. Return us, we pray, to upholding the democracy of our country and our state and to help others, to right the wrongs, and to make the world a better place. Give each one of us strength to reach out to our colleagues across the aisle and work together, our Father. We boldly pray You would bless our families individually and collectively. Let us see the good works done by the people of faith across our state and our districts. Give us a desire to promote what honors You, Lord. Let us hear Your voice speak to us of honor, sacrifice, and purity. Let us not forget why we are here. In Jesus' name we pray. 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 Lucio was granted leave of absence for today on account of important business.

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 12:02 p.m. announced the conclusion of morning call.

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSSB 10 at this time on its third reading and final passage:

CSSB 10, Relating to the use by a county or municipality of public money for lobbying activities.

The motion prevailed by the following vote:  Yeas 17, Nays 13.

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

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

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 17, Nays 13. (Same as previous roll call)

Senator Buckingham moved to suspend the regular order of business to take up for consideration SB 659 at this time on its third reading and final passage:

SB 659, Relating to disannexation of certain areas that do not receive full municipal services.

The motion prevailed by the following vote:  Yeas 18, Nays 12.

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, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 18, Nays 12. (Same as previous roll call)

Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 29 at this time on its third reading and final passage:

CSSB 29, Relating to requiring public school students to compete in interscholastic athletic competitions based on biological sex.

The motion prevailed by the following vote:  Yeas 18, Nays 12.

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, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 18, Nays 12. (Same as previous roll call)

Senator Schwertner moved to suspend the regular order of business to take up for consideration SB 19 at this time on its third reading and final passage:

SB 19, Relating to prohibited contracts with companies that discriminate against the firearm or ammunition industries.

The motion prevailed by the following vote:  Yeas 18, Nays 12.

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, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 18, Nays 12. (Same as previous roll call)

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSSB 28 at this time on its third reading and final passage:

CSSB 28, Relating to the approval of open-enrollment charter schools and the applicability of certain state and local laws to open-enrollment charter schools.

The motion prevailed by the following vote:  Yeas 17, Nays 13.

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

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

Absent-excused:  Lucio.

The bill was read third time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend CSSB 28 on third reading by amending Floor Amendment No. 2, by Sen. Hughes, as follows:

On page 1, line 19, after "work.", insert "An open-enrollment charter school does not have the power of eminent domain."

The amendment to CSSB 28 was read.

Question: Shall Floor Amendment No. 1 on Third Reading to CSSB 28 be adopted?

The President at 12:40 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

The President at 12:43 p.m. called the Senate to order as In Legislative Session.

Question: Shall Floor Amendment No. 1 on Third Reading to CSSB 28 be adopted?

The amendment to CSSB 28 was adopted by a viva voce vote.

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

Absent-excused:  Lucio.

CSSB 28 as amended was finally passed by the following vote:  Yeas 16, Nays 14.

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

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

Absent-excused:  Lucio.

On motion of Senator Campbell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1678 at this time on its second reading:

CSSB 1678, Relating to the prohibited release by a public agency of information regarding the members, supporters, or volunteers of or donors to certain nonprofit organizations; creating a criminal offense.

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

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

Absent-excused:  Lucio.

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 CSSB 1678 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 0. (Same as previous roll call)

Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 442 at this time on its second reading:

CSSB 442, Relating to local school health advisory councils and health education provided by public schools, including requirements regarding human sexuality instruction.

The motion prevailed by the following vote:  Yeas 23, Nays 7.

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

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Miles, West, Whitmire.

Absent-excused:  Lucio.

The bill was read second time.

Senator Hughes offered the following amendment to the bill:

Amend CSSB 442 (senate committee printing) in SECTION 1 of the bill, in added Section 28.004(e-3), Education Code, by striking Subdivision (1) (page 2, line 45) and substituting the following:

The amendment to CSSB 442 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:  Lucio.

Senator Hughes offered the following amendment to the bill:

Amend CSSB 442 (senate committee report) as follows:

(1)  In the recital to SECTION 1 of the bill, amending Section 28.004, Education Code (page 1, line 27), strike "(d),".

(2)  In SECTION 1 of the bill, amending Section 28.004, Education Code, strike Subsection (d) (page 1, lines 30 through 53).

The amendment to CSSB 442 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:  Lucio.

CSSB 442 as amended was passed to engrossment by the following vote:  Yeas 23, Nays 7.

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

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Miles, West, Whitmire.

Absent-excused:  Lucio.

Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 18 at this time on its second reading:

CSSB 18, Relating to authority of the governor and certain political subdivisions to regulate firearms, ammunition, knives, air guns, explosives, and combustibles and certain associated businesses during certain disasters and emergencies.

The motion prevailed.

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

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Amend CSSB 18 (senate committee report) by striking SECTION 5 of the bill (page 2, line 38, through page 3, line 34) and renumbering the SECTIONS of the bill accordingly.

The amendment to CSSB 18 was read and failed of adoption by the following vote:  Yeas 12, Nays 18.

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

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

Absent-excused:  Lucio.

CSSB 18 was passed to engrossment by the following vote:  Yeas 23, Nays 7.

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

Nays:  Alvarado, Blanco, Eckhardt, Johnson, Menéndez, Miles, Whitmire.

Absent-excused:  Lucio.

Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 18 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 24, Nays 6.

Yeas:  Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Menéndez, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Zaffirini.

Nays:  Alvarado, Blanco, Eckhardt, Johnson, Miles, Whitmire.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 23, Nays 7.

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

Nays:  Alvarado, Blanco, Eckhardt, Johnson, Menéndez, Miles, Whitmire.

Absent-excused:  Lucio.

Senator Birdwell moved to suspend the regular order of business to take up for consideration CSSB 13 at this time on its second reading:

CSSB 13, Relating to state contracts with and investments in certain companies that boycott energy companies.

The motion prevailed.

Senators Eckhardt, Johnson, Menéndez, and Powell 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:

Amend CSSB 13 (senate committee report) as follows:

(1)  In SECTION 2 of the bill, in added Section 2274.002(b), Government Code (page 5, line 44), strike "A" and substitute "Except as provided by Section 2274.003, a".

(2)  In SECTION 2 of the bill, immediately following added Section 2274.002, Government Code (page 5, between lines 49 and 50), insert the following:

(1)  an issuance, sale, or delivery that is sufficient to address the general revenue cash flow shortfall forecast; or

The amendment to CSSB 13 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:  Lucio.

CSSB 13 as amended was passed to engrossment by a viva voce vote.

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

Nays:  Eckhardt, Johnson, Menéndez, Powell.

Absent-excused:  Lucio.

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 CSSB 13 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 26, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Buckingham, Campbell, Creighton, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Miles, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.

Nays:  Eckhardt, Johnson, Menéndez, Powell.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 26, Nays 4. (Same as previous roll call)

Senator Hancock moved to suspend the regular order of business to take up for consideration CSSB 1282 at this time on its second reading:

CSSB 1282, Relating to cost recovery for costs arising from the interconnection of certain electric generation facilities with the ERCOT transmission system.

The motion prevailed by the following vote:  Yeas 18, Nays 12.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Paxton, Springer, Taylor, West.

Nays:  Blanco, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Perry, Powell, Schwertner, Seliger, Whitmire, Zaffirini.

Absent-excused:  Lucio.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 19, Nays 11.

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

Nays:  Blanco, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Perry, Powell, Seliger, Whitmire, Zaffirini.

Absent-excused:  Lucio.

Senator Springer moved to suspend the regular order of business to take up for consideration SB 550 at this time on its second reading:

SB 550, Relating to the manner of carrying a handgun by a person who holds a license under Subchapter H, Chapter 411, Government Code.

The motion prevailed.

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

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

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

Nays:  Whitmire.

Absent-excused:  Lucio.

Senator Springer moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 550 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 29, Nays 1.

Nays:  Whitmire.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 29, Nays 1. (Same as previous roll call)

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSCR 3 at this time on its second reading:

CSSCR 3, Condemning China's practice of involuntary organ harvesting.

The resolution was read second time and was adopted by the following vote:  Yeas 30, Nays 0.

Absent-excused:  Lucio.

Senator Hall moved to suspend the regular order of business to take up for consideration SB 1253 at this time on its second reading:

SB 1253, Relating to the issuance and renewal of licenses to carry a handgun for purposes of reciprocity with other states.

The motion prevailed.

Senators Blanco, Gutierrez, West, and Whitmire asked to be recorded as voting "Nay" on suspension of the regular order of business.

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

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

Nays:  Blanco, Gutierrez, West, Whitmire.

Absent-excused:  Lucio.

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 SB 1253 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 26, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Eckhardt, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, Zaffirini.

Nays:  Blanco, Gutierrez, West, Whitmire.

Absent-excused:  Lucio.

The bill was read third time and was passed by the following vote:  Yeas 26, Nays 4. (Same as previous roll call)

Senator Springer submitted the following Motion In Writing:

Mr. President:

I move the suspension of Senate Rule 7.07(b) to permit the introduction of the following bill:

SB 2213 by Springer, Relating to the removal of electric energy storage facilities.

SPRINGER

The Motion In Writing was read and prevailed without objection.

The following bill was introduced, read first time, and referred to the committee indicated:

SB 2213 by Springer

Relating to the removal of electric energy storage facilities.

To Committee on Business & Commerce.

The following bills received from the House were read first time and referred to the committees indicated:

HB 5 to Committee on Transportation.

HB 1325 to Committee on Higher Education.

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

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

On motion of Senator Nelson, Senator Huffman will be shown as Co-author of SB 63.

On motion of Senator Hancock, Senator Alvarado will be shown as Co-author of SB 372.

On motion of Senator Hughes, Senators Nelson and Paxton will be shown as Co-authors of SB 442.

On motion of Senator Nelson, Senator Kolkhorst will be shown as Co-author of SB 476.

On motion of Senator Buckingham, Senator Hughes will be shown as Co-author of SB 659.

On motion of Senator Alvarado, Senators Huffman, Schwertner, West, and Whitmire will be shown as Co-authors of SB 678.

On motion of Senator Schwertner, Senator Zaffirini will be shown as Co-author of SB 721.

On motion of Senator Powell, Senator Hancock will be shown as Co-author of SB 763.

On motion of Senator Huffman, Senator Nelson will be shown as Co-author of SB 766.

On motion of Senator Blanco, Senator Powell will be shown as Co-author of SB 869.

On motion of Senator Eckhardt, Senators Alvarado and Zaffirini will be shown as Co-authors of SB 945.

On motion of Senator Buckingham, Senator Creighton will be shown as Co-author of SB 987.

On motion of Senator Kolkhorst, Senator Powell will be shown as Co-author of SB 1152.

On motion of Senator Creighton, Senator Bettencourt will be shown as Co-author of SB 1159.

On motion of Senator Nichols, Senator Seliger will be shown as Co-author of SB 1274.

On motion of Senator Hancock, Senator Schwertner will be shown as Co-author of SB 1282.

On motion of Senator Zaffirini, Senator Powell will be shown as Co-author of SB 1297.

On motion of Senator Creighton, Senator Paxton will be shown as Co-author of SB 1300.

On motion of Senator West, Senator Powell will be shown as Co-author of SB 1390.

On motion of Senator Zaffirini, Senator Powell will be shown as Co-author of SB 1457.

On motion of Senator Huffman, Senator Zaffirini will be shown as Co-author of SB 1496.

On motion of Senator Whitmire, Senator Eckhardt will be shown as Co-author of SB 1510.

On motion of Senator West, Senator Miles will be shown as Co-author of SB 1544.

On motion of Senator Bettencourt, Senator Creighton will be shown as Co-author of SB 1623.

On motion of Senator Blanco, Senator Powell will be shown as Co-author of SB 1912.

On motion of Senator Blanco, Senator Powell will be shown as Co-author of SB 1914.

On motion of Senator Menéndez, Senator Gutierrez will be shown as Co-author of SB 2038.

On motion of Senator Hughes, Senator Alvarado will be shown as Co-author of SB 2092.

On motion of Senator Buckingham, Senator Springer will be shown as Co-author of SB 2201.

On motion of Senator Paxton, Senators Creighton, Nelson, Springer, and Zaffirini will be shown as Co-authors of SCR 3.

On motion of Senator Campbell, Senator Springer will be shown as Co-author of SR 237.

On motion of Senator Whitmire and by unanimous consent, the Senate at 2:00 p.m. agreed to recess until 8:00 a.m. Monday, April 19, 2021, for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 2:00 p.m. Monday, April 19, 2021.

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

FINANCE — CSSB 1524, CSSB 609

CRIMINAL JUSTICE — SCR 1, SB 109, SB 474, CSSB 710, CSSB 906, SB 922, SB 1550, CSSB 281

TRANSPORTATION — CSSB 1566, CSSB 1334, CSSB 1817

HIGHER EDUCATION — CSSB 1230

CRIMINAL JUSTICE — SB 576

STATE AFFAIRS — CSSB 1439, SB 1418, CSSB 1158, CSSB 1901

BUSINESS AND COMMERCE — CSSB 1580

STATE AFFAIRS — CSSB 1675

BUSINESS AND COMMERCE — CSSB 1757

SB 10, SB 13, SB 18, SB 19, SB 28, SB 29, SB 518, SB 550, SB 659, SB 1253, SB 1678

SR 248