(Tuesday, April 20, 2021)

The Senate met at 1:00 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, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.

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

Senator Bettencourt offered the invocation as follows:

Then the Pharisees went out and laid plans to trap Him with His words. They sent their disciples to Him along with the Herodians. Teacher, they said, We know You're a man of integrity and that You teach the way of God in accordance with the truth. You aren't swayed by men, because You pay no attention to who they are. Tell us, then, what is Your opinion? Is it right to pay taxes to Caesar or not? But Jesus, knowing their evil intent, said, You hypocrites, why are you trying to trap me? Show me the coin for paying the tax. They brought Him a denarius, and He asked them, Whose portrait is this? Whose inscription? Caesar's, they replied. And then, He said to them, Give to Caesar what is Caesar's, and to God what is God's. And with that, I would like to pray for the wisdom of many counselors to come upon the Members of the Senate and their staff as they make decisions every day to give to Caesar what is Caesar's and to God what is God's. Thank you.

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.

The following Message from the Governor was read and was referred to the Committee on Nominations:

April 20, 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 Board of Occupational Therapy Examiners for terms to expire February 1, 2027:

Jacob W. Boggus

Harlingen, Texas

Stephanie D. Johnston, O.T.D.

Magnolia, Texas

Sally Harris King

Houston, Texas

The individuals listed above are being reappointed.

Respectfully submitted,

/s/Greg Abbott

Governor

Senator Hancock offered the following resolution:

SR 277, Recognizing April 2021 as Alcohol Responsibility Month.

The resolution was read and was adopted without objection.

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the Autism Society of America in honoring the month of April 2021 as Autism Acceptance Month; and

WHEREAS, April has been known as Autism Awareness Month in the United States and has been a time to focus on empowering autistic individuals and their families; today, the autism community seeks to shift the language surrounding autism in order to move beyond "awareness" and to foster acceptance as a means of more fully integrating individuals living with autism into our social fabric; and

WHEREAS, The Autistic Self Advocacy Network began celebrating the month of April as Autism Acceptance Month in 2011, and since then, numerous groups have followed the network's example; a culture of true acceptance can lead to improved comprehensive support services for those with autism and provide them with more opportunities for education, employment, accessible housing, and affordable health care; and

WHEREAS, Autism Acceptance Month is an opportunity to celebrate individual differences while building an inclusive society that enables people with autism to live full lives; it is fitting that we honor the efforts of all who help promote an understanding of autism as a natural condition in the human experience; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 87th Legislature, hereby recognize April of 2021 as Autism Acceptance Month and encourage citizens and organizations throughout Texas to participate in efforts to support and empower individuals with autism and their families; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of Autism Acceptance Month.

SR 285 was read.

On motion of Senator Bettencourt and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Lucio, SR 285 was adopted without objection.

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 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 31, Nays 0.

Commissioner, Public Utility Commission of Texas:  Peter Minton Lake, Travis County.

Commissioner, Red River Compact Commission:  Robin Lynn Phillips, Grayson County.

Members, State Commission on Judicial Conduct:  Valerie E. Ertz, Dallas County; Janis Annette Holt, Hardin County; M. Patrick Maguire, Kerr County; Clifton L. Roberson, Smith County; David John Schenck, Dallas County; Frederick Carl Tate, Tarrant County.

Member, Board, Texas Department of Housing and Community Affairs:  Ajay K. Thomas, Travis County.

Members, Texas State Board of Acupuncture Examiners:  Elisabeth Lee Carlson, Dallas County; Sheri Jene Davidson, Harris County; Maria Magdalena Garcia, Collin County; Samantha Ann Gonzalez, Bexar County.

Members, Texas State Board of Examiners of Professional Counselors:  Vanessa Hall, Harris County; Garrett Adams Nerren, Dallas County.

Member, Board of Regents, The University of Texas System:  Kevin Paul Eltife, Smith County.

The President at 1:26 p.m. announced the conclusion of morning call.

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1019 at this time on its second reading:

SB 1019, Relating to a requirement for the Texas Higher Education Coordinating Board to report certain student loan data.

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 1019 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.

The President acknowledged that Senator Zaffirini had cast her 65,000th consecutive vote in the Texas Senate and presented her with an honorary gavel.

Senator Schwertner moved to suspend the regular order of business to take up for consideration CSSB 207 at this time on its third reading and final passage:

CSSB 207, Relating to recovery of medical or health care expenses in civil actions.

The motion prevailed by the following vote:  Yeas 19, Nays 12.

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

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

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12.  (Same as previous roll call)

On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1245 at this time on its second reading:

CSSB 1245, Relating to the farm and ranch survey conducted by the comptroller for purposes of estimating the productivity value of qualified open-space land as part of the study of school district taxable values.

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 CSSB 1245 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 Powell and by unanimous consent, the regular order of business was suspended to take up for consideration SB 763 at this time on its second reading:

SB 763, Relating to the creation of the urban air mobility advisory committee.

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:  Springer.

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 SB 763 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 30 Nays 1.

Nays:  Springer.

On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1764 at this time on its second reading:

SB 1764, Relating to the payment of delinquent ad valorem taxes on property subject to a tax sale.

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 SB 1764 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 Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1809 at this time on its second reading:

SB 1809, Relating to the enforcement of insurance laws, including laws governing the unauthorized business of insurance; authorizing administrative penalties.

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 Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1809 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 Hughes moved to suspend the regular order of business to take up for consideration SB 1699 at this time on its second reading:

SB 1699, Relating to the protection of expressive rights of student organizations at public institutions of higher education.

The motion prevailed by the following vote:  Yeas 20, Nays 11.

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

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

The bill was read second time.

Senator Hughes moved to postpone further consideration of the bill to a time certain of 2:30 p.m. today.

The motion prevailed.

Question:  Shall SB 1699 be passed to engrossment?

On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration SB 721 at this time on its second reading:

SB 721, Relating to the disclosure of appraisal reports in connection with the use of eminent domain 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 Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 721 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 Schwertner moved to suspend the regular order of business to take up for consideration SB 723 at this time on its second reading:

SB 723, Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

The motion prevailed.

Senators Alvarado and Eckhardt 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 on the passage to engrossment except as follows:

Nays:  Alvarado, Eckhardt.

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 SB 723 be placed on its third reading and final passage.

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

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

Nays:  Alvarado, Eckhardt.

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

Senator Schwertner moved to suspend the regular order of business to take up for consideration CSSB 726 at this time on its second reading:

CSSB 726, Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

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

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

Nays:  Alvarado, Powell, West, Whitmire.

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

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 CSSB 726 be placed on its third reading and final passage.

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

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

Nays:  Alvarado, Powell, West, Whitmire.

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

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1817 at this time on its second reading:

CSSB 1817, Relating to motor vehicle titles.

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:  Creighton, Springer.

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1817 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 29, Nays 2.

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

Nays:  Creighton, Springer.

On motion of Senator Springer and by unanimous consent, the regular order of business was suspended to take up for consideration SB 586 at this time on its second reading:

SB 586, Relating to the filing of certain reports by distributors of certain off-highway vehicles purchased outside this state; providing civil penalties.

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:  Hall, Hughes.

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 586 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 29, Nays 2.

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

Nays:  Hall, Hughes.

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration SB 2188 at this time on its second reading:

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

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 Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2188 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 West and by unanimous consent, the regular order of business was suspended to take up for consideration SB 109 at this time on its second reading:

SB 109, Relating to the criminal offense of fraudulent securing of document execution.

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 West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 109 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 Johnson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 334 at this time on its second reading:

CSSB 334, Relating to disclosure under the public information law of certain records of an appraisal district.

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:  Creighton.

Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 334 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 30, Nays 1.

Nays:  Creighton.

On motion of Senator Creighton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1490 at this time on its second reading:

CSSB 1490, Relating to the authority of the Texas Higher Education Coordinating Board to authorize certain degree programs offered by private postsecondary educational institutions.

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 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 1490 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 Birdwell moved to suspend the regular order of business to take up for consideration CSSB 1261 at this time on its second reading:

CSSB 1261, Relating to the exclusive jurisdiction of the state to regulate greenhouse gas emissions in this state and the express preemption of local regulation of those emissions.

The motion prevailed by the following vote:  Yeas 20, Nays 11.

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

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

The bill was read second time and was passed to engrossment by the following vote:  Yeas 20, Nays 11. (Same as previous roll call)

Senator Creighton moved to suspend the regular order of business to take up for consideration SCR 12 at this time on its second reading:

SCR 12, Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

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 resolution was read second time and was adopted by the following vote:  Yeas 18, Nays 13. (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 SB 1696 at this time on its second reading:

SB 1696, Relating to establishing a system for the sharing of information regarding cyber attacks or other cybersecurity incidents occurring in schools in this state.

The bill was read second time.

Senator Paxton offered the following amendment to the bill:

Amend SB 1696 (senate committee report) as follows:

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

SECTION ____.  The heading to Section 11.175, Education Code, is amended to read as follows:

Sec. 11.175.  SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL CYBERSECURITY.

(2)  In SECTION 1 of the bill, in the introductory language (page 1, line 26), strike "Subsection (e)" and substitute "Subsections (b), (c), (d), and (e)".

(3)  In SECTION 1 of the bill, amending Section 11.175, Education Code (page 1, between lines 27 and 28), insert the following:

(b)  Each school district and open-enrollment charter school shall adopt a cybersecurity policy to:

(1)  secure district cyberinfrastructure against cyber attacks and other cybersecurity incidents; and

(2)  determine cybersecurity risk and implement mitigation planning.

(c)  A school district's or open-enrollment charter school's cybersecurity policy may not conflict with the information security standards for institutions of higher education adopted by the Department of Information Resources under Chapters 2054 and 2059, Government Code.

(d)  The superintendent of each school district and open-enrollment charter school shall designate a cybersecurity coordinator to serve as a liaison between the district or school and the agency in cybersecurity matters.

(4)  In SECTION 1 of the bill, in amended Section 11.175(e), Education Code (page 1, line 28), strike "The district's cybersecurity coordinator" and substitute the following:

"A [The district's] cybersecurity coordinator designated under Subsection (d)"

(5)  In SECTION 1 of the bill, in amended Section 11.175(e), Education Code (page 1, line 31), strike "district" and substitute "school district's or open-enrollment charter school's [district]".

(6)  In SECTION 1 of the bill, in added Section 11.175(g), Education Code (page 1, line 37), insert "participating" between "between" and "public".

(7)  In SECTION 1 of the bill, in added Section 11.175(g), Education Code (page 1, line 41), insert "participating" between "between" and "schools".

The amendment to SB 1696 was read and was adopted by a viva voce vote.

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

SB 1696 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:  Creighton, Kolkhorst, Nichols.

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 SB 1696 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 28, Nays 3.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Buckingham, Campbell, Eckhardt, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.

Nays:  Creighton, Kolkhorst, Nichols.

On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration SB 766 at this time on its second reading:

SB 766, Relating to requiring sexually oriented businesses to participate in the federal electronic verification of employment authorization program, or E-verify; creating a criminal offense.

The bill was read second time.

Senator Huffman offered the following amendment to the bill:

Amend SB 766 (senate committee report) as follows:

(1)  Strike the recital to SECTION 1 of the bill (page 1, lines 19-21) and substitute the following:

SECTION 1.  Section 51.016, Labor Code, is amended by amending Subsections (a), (b), (c), (d), (e), (h), and (i) and adding Subsection (j) to read as follows:

(2)  In SECTION 1 of the bill, in amended Section 51.016, Labor Code (page 1, between lines 26 and 27), insert the following:

(b)  A sexually oriented business may not employ or enter into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with an individual younger than 21 [18] years of age.

(3)  In SECTION 1 of the bill, strike amended Section 51.016(h), Labor Code (page 1, lines 46-52), and substitute the following:

(h)  The commission, the attorney general, or a [local] law enforcement agency may inspect a record maintained under this section and request proof of E-verify program information verification if there is good reason to believe that an individual younger than 21 [18] years of age is employed or has been employed by, or has entered into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with, the sexually oriented business within the five [two] years preceding the date of the inspection.

(i)  A person commits an offense if the person:

(1)  fails to maintain a record as required by this section; [or]

(2)  knowingly or intentionally hinders an inspection authorized under Subsection (h); or

(3)  violates Subsection (b).

(4)  In SECTION 2 of the bill (page 1, line 56), strike "The change in law made by this Act" and substitute "Section 51.016(c)(2), Labor Code, as added by this Act,".

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

SECTION ____.  Chapter 106, Alcoholic Beverage Code, is amended by adding Section 106.17 to read as follows:

SECTION ____.  Subchapter A, Chapter 102, Business & Commerce Code, is amended by adding Section 102.0031 to read as follows:

SECTION ____.  Section 102.004(a), Business & Commerce Code, is amended to read as follows:

(a)  The attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate Section 102.002, [or] 102.003, or 102.0031.

SECTION ____.  Section 102.005(b), Business & Commerce Code, is amended to read as follows:

(b)  A sexually oriented business commits an offense if the business violates Section 102.003 or 102.0031.

SECTION ____.  Section 125.0015(a), Civil Practice and Remedies Code, is amended to read as follows:

(a)  A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity maintains a common nuisance:

(1)  discharge of a firearm in a public place as prohibited by the Penal Code;

(2)  reckless discharge of a firearm as prohibited by the Penal Code;

(3)  engaging in organized criminal activity as a member of a combination as prohibited by the Penal Code;

(4)  delivery, possession, manufacture, or use of a substance or other item in violation of Chapter 481, Health and Safety Code;

(5)  gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;

(6)  prostitution, promotion of prostitution, or aggravated promotion of prostitution as prohibited by the Penal Code;

(7)  compelling prostitution as prohibited by the Penal Code;

(8)  commercial manufacture, commercial distribution, or commercial exhibition of obscene material as prohibited by the Penal Code;

(9)  aggravated assault as described by Section 22.02, Penal Code;

(10)  sexual assault as described by Section 22.011, Penal Code;

(11)  aggravated sexual assault as described by Section 22.021, Penal Code;

(12)  robbery as described by Section 29.02, Penal Code;

(13)  aggravated robbery as described by Section 29.03, Penal Code;

(14)  unlawfully carrying a weapon as described by Section 46.02, Penal Code;

(15)  murder as described by Section 19.02, Penal Code;

(16)  capital murder as described by Section 19.03, Penal Code;

(17)  continuous sexual abuse of young child or children as described by Section 21.02, Penal Code;

(18)  massage therapy or other massage services in violation of Chapter 455, Occupations Code;

(19)  employing or entering into a contract for the performance of work or the provision of a service with an individual younger than 21 years of age for work or services performed [a minor] at a sexually oriented business as defined by Section 243.002, Local Government Code;

(20)  trafficking of persons as described by Section 20A.02, Penal Code;

(21)  sexual conduct or performance by a child as described by Section 43.25, Penal Code;

(22)  employment harmful to a child as described by Section 43.251, Penal Code;

(23)  criminal trespass as described by Section 30.05, Penal Code;

(24)  disorderly conduct as described by Section 42.01, Penal Code;

(25)  arson as described by Section 28.02, Penal Code;

(26)  criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $500 or more; [or]

(27)  a graffiti offense in violation of Section 28.08, Penal Code; or

(28)  permitting an individual younger than 18 years of age to enter the premises of a sexually oriented business as defined by Section 243.002, Local Government Code.

SECTION ____.  Section 51.031(b), Labor Code, is amended to read as follows:

(b)  An offense under Section 51.014(d), [or Section] 51.0145, or 51.016(i)(3) is a Class A misdemeanor.

SECTION ____.  Section 43.251(a)(1), Penal Code, is amended to read as follows:

(1)  "Child" means a person younger than 21 [18] years of age.

SECTION ____.  The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

The amendment to SB 766 was read and was adopted by a viva voce vote.

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

SB 766 as amended was passed to engrossment by a viva voce vote.

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

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 SB 766 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 Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 281 at this time on its second reading:

CSSB 281, Relating to the use of hypnotically induced statements in a criminal trial.

The bill was read second time.

Senator Huffman offered the following amendment to the bill:

Amend CSSB 281 (senate committee report) as follows:

(1)  In SECTION 1 of the bill, in added Article 38.24, Code of Criminal Procedure (page 1, line 39), insert "Not withstanding Article 38.23, this article does not affect the admissibility of evidence derived from a statement described by Subsection (b) that corroborates a crime."

The amendment to CSSB 281 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.

CSSB 281 as amended was passed to engrossment by a viva voce vote.

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

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 CSSB 281 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 CHAMBER

Austin, Texas

Tuesday, April 20, 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 creation of the Texas Electricity Supply Chain Security and Mapping Committee.

Relating to the applicability to election judges of a prohibition on the carrying of a handgun at a polling place.

Relating to developing a strategic plan to support the child-care workforce.

Relating to the regulation of the injection and geologic storage of carbon dioxide in this state.

Relating to the imposition of consecutive sentences for certain offenses arising out of the same criminal episode.

Relating to notice of the cash price of certain health care services by certain hospitals.

Relating to the response and resilience of certain electricity service providers to major weather-related events or other natural disasters; granting authority to issue bonds.

Relating to the recovery and securitization of certain extraordinary costs incurred by certain gas utilities; providing authority to issue bonds and impose fees and assessments.

Relating to the rental and operation of electric generation equipment.

Relating to immunity from liability of public and private schools and security personnel employed by those schools for certain actions of security personnel.

Relating to the licensing and regulation of genetic counselors; requiring an occupational license; authorizing a fee.

Relating to antique outboard motors.

Relating to referrals to and consent to services under certain programs designed to serve pregnant women and families.

Relating to the rate of interest on certain tax refunds.

Relating to the eligibility of social workers for the Homes for Texas Heroes home loan program.

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.

Relating to the number of baccalaureate degree programs certain public junior colleges may offer.

Relating to inspection requirements for buyer's temporary tags for vehicles sold to nonresident buyers of certain vehicles.

Relating to the criteria considered by groundwater conservation districts before granting or denying a permit.

Relating to the eligibility and designation of certain gas entities and gas facilities as critical during an energy emergency.

Relating to the training and education of appraisal review board members.

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

Relating to the use of lifeguards and informational signs to improve safety on public beaches.

Relating to civil liability of a nursing facility resident's responsible payor for misappropriation of the resident's funds.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

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

HB 374 to Committee on Administration.

HB 533 to Committee on Local Government.

HB 1363 to Committee on Business & Commerce.

HB 1905 to Committee on Water, Agriculture & Rural Affairs.

HB 2326 to Committee on Administration.

HB 2494 to Committee on Local Government.

HB 2660 to Committee on Natural Resources & Economic Development.

Senator Schwertner submitted a Motion In Writing requesting that SB 655 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Administration.

The Motion In Writing was read and prevailed without objection.

On motion of Senator Schwertner and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Administration might meet and consider SB 655 tomorrow.

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

On motion of Senator Zaffirini, Senator Blanco will be shown as Co-author of SB 38.

On motion of Senator Miles, Senator West will be shown as Co-author of SB 68.

On motion of Senator Johnson, Senator Blanco will be shown as Co-author of SB 118.

On motion of Senator Johnson, Senator Blanco will be shown as Co-author of SB 119.

On motion of Senator Johnson, Senator Miles will be shown as Co-author of SB 181.

On motion of Senator West, Senator Menéndez will be shown as Co-author of SB 272.

On motion of Senator Hinojosa, Senator Zaffirini will be shown as Co-author of SB 275.

On motion of Senator Hinojosa, Senator Eckhardt will be shown as Co-author of SB 281.

On motion of Senator Lucio, Senator Seliger will be shown as Co-author of SB 462.

On motion of Senator Hughes, Senator Lucio will be shown as Co-author of SB 528.

On motion of Senator Huffman, Senator Johnson will be shown as Co-author of SB 530.

On motion of Senator Alvarado, Senators Miles and Zaffirini will be shown as Co-authors of SB 678.

On motion of Senator Lucio, Senator Blanco will be shown as Co-author of SB 706.

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

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

On motion of Senator Kolkhorst, Senator Paxton will be shown as Co-author of SB 968.

On motion of Senator Huffman, Senators Gutierrez, Menéndez, Powell, and Whitmire will be shown as Co-authors of SB 1028.

On motion of Senator Perry, Senator Creighton will be shown as Co-author of SB 1146.

On motion of Senator Kolkhorst, Senator Creighton will be shown as Co-author of SB 1158.

On motion of Senator Taylor, Senator Creighton will be shown as Co-author of SB 1230.

On motion of Senator Birdwell, Senators Creighton and Hall will be shown as Co-authors of SB 1261.

On motion of Senator Taylor, Senator Schwertner will be shown as Co-author of SB 1343.

On motion of Senator Creighton, Senator Schwertner will be shown as Co-author of SB 1385.

On motion of Senator Bettencourt, Senators Kolkhorst and Springer will be shown as Co-authors of SB 1449.

On motion of Senator Hughes, Senators Creighton, Lucio, and Zaffirini will be shown as Co-authors of SB 1524.

On motion of Senator Bettencourt, Senator West will be shown as Co-author of SB 1764.

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

On motion of Senator Blanco, Senator Miles will be shown as Co-author of SB 2136.

On motion of Senator West, Senator Lucio will be shown as Co-author of SB 2212.

On motion of Senator Creighton, Senator Buckingham will be shown as Co-author of SCR 12.

On motion of Senator Paxton, Senator Johnson will be shown as Co-sponsor of HB 723.

On motion of Senator Buckingham, Senator Zaffirini will be shown as Co-sponsor of HB 2536.

The following resolutions were adopted by the Senate:

SR 284 by Schwertner, Recognizing Drayton McLane Jr. for his contributions to Milam County.

SR 286 by Kolkhorst, Recognizing the 150th anniversary of the town of Round Top.

HCR 78 (Hancock), Commemorating the 85th anniversary of the Texas Alcoholic Beverage Commission.

On motion of Senator Whitmire and by unanimous consent, the Senate at 3:12 p.m. agreed to adjourn, pending the receipt of committee reports, until 1:00 p.m. tomorrow.

Pursuant to a previously adopted motion, the Senate at 12:59 p.m. Wednesday, April 21, 2021, adjourned until 1:00 p.m. today.

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

HEALTH AND HUMAN SERVICES — SB 1856, SB 2049, SB 1917, SB 1895, HB 797, CSSB 184, CSSB 452, CSSB 437, CSSB 1808, CSSB 1829, CSSB 1911, CSSB 1349, CSSB 984, SB 1534, SB 1763, SB 1341, SB 1244, SB 1136, CSSB 1138, CSSB 617, CSSB 50, SB 1692

WATER, AGRICULTURE AND RURAL AFFAIRS — SB 784, SB 840, HB 1070, HB 2089, SCR 32, SB 2183, SB 1997, CSSB 1719

STATE AFFAIRS — SJR 51, SB 282, SB 912, SB 1111, SCR 29, SB 825, SB 285, CSSB 1646, SB 1761, CSSB 286

JURISPRUDENCE — CSSB 1458

NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 900

WATER, AGRICULTURE AND RURAL AFFAIRS — CSSB 997

STATE AFFAIRS — HB 567

BUSINESS AND COMMERCE — CSSB 2116

SB 109, SB 207, SB 281, SB 334, SB 586, SB 721, SB 723, SB 726, SB 763, SB 766, SB 1019, SB 1245, SB 1490, SB 1696, SB 1764, SB 1809, SB 1817, SB 2188

SB 270, SR 277, SR 284, SR 285, SR 286

SB 632