THIRTY-NINTH DAY
(Thursday, May 13, 2021)
The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by President Pro Tempore Birdwell.
The roll was called and the following Senators were present: 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, Springer, Taylor, West, Whitmire, Zaffirini.
Absent-excused: Creighton.
The President Pro Tempore announced that a quorum of the Senate was present.
Senator Kolkhorst offered the invocation as follows:
Father, we are so grateful to You. You are our sovereign God and our Lord. And, Father, during this time we just ask that You give us guidance and that we seek You for that guidance and then that we're thankful for the little things, our friendships, our constituents that have sent us here to work on their behalf, and then this beautiful time of the year, spring, where the beauty is just all around us, the flowers are blooming, and the grass is so green, and that we take that moment to pause and to see it all before us, to be still before You, God, and to know that we can cast all of our anxiety and all our worries on You. 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.
LEAVE OF ABSENCE
On motion of Senator Whitmire, Senator Creighton was granted leave of absence for today on account of illness.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, May 13, 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:
Proposing a constitutional amendment providing for the creation of and use of money in the Grow Texas fund and allocating certain general revenues to that fund, the economic stabilization fund, and the state highway fund.
Proposing a constitutional amendment authorizing a county to finance the development or redevelopment of transportation or infrastructure in unproductive, underdeveloped, or blighted areas in the county; authorizing the issuance of bonds and notes.
Proposing a constitutional amendment to authorize a political subdivision other than a school district to establish a limitation on the amount of ad valorem taxes that the political subdivision may impose on the residence homesteads of persons who are disabled or elderly and their surviving spouses.
THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 16 (123 Yeas, 24 Nays, 1 Present, not voting)
HB 33 (144 Yeas, 1 Nays, 1 Present, not voting)
HB 1585 (146 Yeas, 0 Nays, 1 Present, not voting)
THE HOUSE HAS REFUSED TO CONCUR IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
HB 1927 (non-record vote)
House Conferees: Schaefer - Chair/Burrows/Canales/Guillen/White
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President Pro Tempore 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.
CONCLUSION OF MORNING CALL
The President Pro Tempore at 11:18 a.m. announced the conclusion of morning call.
HOUSE BILL 977 ON SECOND READING
On motion of Senator Campbell, on behalf of Senator Creighton, and by unanimous consent, the regular order of business was suspended to take up for consideration HB 977 at this time on its second reading:
HB 977, Relating to a petition filed for a place on the ballot for the board of directors for the Montgomery County Hospital District.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 977 ON THIRD READING
Senator Campbell, on behalf of Senator Creighton, moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 977 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
(President in Chair)
HOUSE BILL 454 ON SECOND READING
On motion of Senator Bettencourt, on behalf of Senator Creighton, and by unanimous consent, the regular order of business was suspended to take up for consideration HB 454 at this time on its second reading:
HB 454, Relating to the creation of a specialty treatment court for certain individuals residing with a child who is the subject of a juvenile court case.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 454 ON THIRD READING
Senator Bettencourt, on behalf of Senator Creighton, moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 454 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 1057 ON SECOND READING
Senator Schwertner, on behalf of Senator Creighton, moved to suspend the regular order of business to take up for consideration HB 1057 at this time on its second reading:
HB 1057, Relating to designating November 7 as Victims of Communism Day.
The motion prevailed.
Senator Eckhardt asked to be recorded as "Present-not voting" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Present-not voting: Eckhardt.
Absent-excused: Creighton.
HOUSE BILL 1057 ON THIRD READING
Senator Schwertner, on behalf of Senator Creighton, moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1057 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.
Present-not voting: Eckhardt.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call)
STATEMENT REGARDING 1057
Senator Eckhardt submitted the following statement regarding HB 1057:
Millions of people have endured torture, abuse, and death at the hands of totalitarian regimes, including communism. Those people and the suffering they endured are surely worthy of our thought and remembrance. Yet communism is just one label of the many totalitarian regimes which hoard power to the few, resist democratic ideals, and strip people of their inalienable rights. If this bill had sought to commemorate the victims of all totalitarian regimes – no matter the political philosophy – I would have enthusiastically supported it. But this bill fails that test, and instead is designed to be a symbolic vote to force adherence to a particular political ideology. I can therefore neither support nor oppose the bill.
ECKHARDT
(Senator Huffman in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1572 ON THIRD READING
Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 1572 at this time on its third reading and final passage:
CSSB 1572, Relating to the numbering and signing of ballots by early voting clerks and deputy early voting clerks.
The motion prevailed by the following vote: Yeas 18, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Springer, Taylor.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 18, Nays 12. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1984 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1984 at this time on its second reading:
CSSB 1984, Relating to the reassignment of the carryforward designation of certain private activity bonds.
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: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 1984 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1984 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 2127 ON SECOND READING
On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2127 at this time on its second reading:
HB 2127, Relating to consumption of alcoholic beverages in public entertainment facilities and zones.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 2127 ON THIRD READING
Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2127 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 604 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 604 at this time on its second reading:
HB 604, Relating to a microchip scan of animals in the custody of an animal shelter or releasing agency, including an animal rescue organization.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 604 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 604 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 569 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration HB 569 at this time on its second reading:
HB 569, Relating to credit toward payment of a fine and costs for certain misdemeanants confined in jail or prison before sentencing.
The bill was read second time.
Senator West offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 569 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. This Act may be cited as the Bonton Farms Act.
The amendment to HB 569 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: Creighton.
HB 569 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 569 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 569 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 1322 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1322 at this time on its second reading:
CSHB 1322, Relating to a summary of a rule proposed by a state agency.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
COMMITTEE SUBSTITUTE
HOUSE BILL 1322 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1322 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2232 ON SECOND READING
Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 2232 at this time on its second reading:
CSSB 2232, Relating to the management of polling place locations during a continuous period for voting.
The motion prevailed by the following vote: Yeas 18, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Springer, Taylor.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.
Absent-excused: Creighton.
The bill was read second time.
Senator Hall offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2232 (senate committee printing) as follows:
(1) Strike the following SECTIONS of the bill:
(A) SECTION 1 (page 1, lines 23-28);
(B) SECTION 2 (page 1, lines 29-37);
(C) SECTION 3 (page 1, lines 38-59);
(D) SECTION 4 (page 1, line 60, through page 2, line 10); and
(E) SECTION 5 (page 2, lines 11-19).
(2) Renumber remaining SECTIONS of the bill accordingly.
The amendment to CSSB 2232 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: Creighton.
CSSB 2232 as amended was passed to engrossment by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 2232 ON THIRD READING
Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2232 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
(President in Chair)
CONFERENCE COMMITTEE ON HOUSE BILL 1927
Senator Schwertner called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 1927 and moved that the request be granted.
The motion prevailed without objection.
The President asked if there were any motions to instruct the conference committee on HB 1927 before appointment.
There were no motions offered.
Accordingly, the President announced the appointment of the following conferees on the part of the Senate: Senators Schwertner, Chair; Birdwell, Hughes, Campbell, and Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 993 ON SECOND READING
On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 993 at this time on its second reading:
CSSB 993, Relating to the practice of therapeutic optometry.
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: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 993 ON THIRD READING
Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 993 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
REMARKS ORDERED PRINTED
On motion of Senator Buckingham and by unanimous consent, the remarks by Senators Buckingham and Hancock regarding CSSB 993 were ordered reduced to writing and printed in the Senate Journal as follows:
Senator Buckingham: Thank you, Mr. President. Alright, so, Senator Hancock, these scope bills are a big deal, and I think we all want patients to be treated at the highest standard of care, and the standard in this case for ophthalmologists, regardless of whether or not the ophthalmologist or optometrist is providing their care, is the American Academy of Ophthalmology Preferred Practice Patterns on glaucoma. Correct?
Senator Hancock: Correct. As you know, you know, assisting in this bill, they have been held to the same standards since 1999, and this does not change that.
Senator Buckingham: And the bill also has a new provision which protects patients by instituting a peer review by ophthalmologists and optometrists. It requires optometrists to be held at the same standard of care we just discussed. So, tell me a little bit about that peer review process.
Senator Hancock: Alright, so, the process is actually regarding to the glaucoma-related complaints, and that process will be optometrists and ophthalmologists will appoint, and the respect, from their respective boards, collaborative review board that will deal with the complaints and make recommendations for disciplinary action if necessary. The peer review process between the two boards will be in existence for six years.
Senator Buckingham: Okay, let's just talk a little bit about another protection in the bill. In accordance with the bill, if a patient's condition is worsening on medical management at all, even the slightest bit of progression, the patient must immediately be referred to an ophthalmologist. Is that true?
Senator Hancock: Correct. If a, initial treatment in minor cases would be handled there. If there was any additional treatment or any extension of the glaucoma, it would be referred to an ophthalmologist.
Senator Buckingham: And just to give our ladies up front a heads up, I am going to ask that this conversation be reduced to writing. And, ladies, I will give you my notes because there is about to be a bunch of medical terms that I will not suffer you having to look up. So, thank you, Senator Hancock, for that. The goals of managing patients with primary open-angle glaucoma are to control intraocular pressure in the target range and to prevent progressive visual field and optic nerve or retinal nerve fiber layer damage in order to preserve visual function and quality of life. This is why the referral for progression component in Section 351.3581(d)(5) is so important, especially when there is a failure of medical management defined as an inability to reduce a patient's intraocular pressure to target range on topical anti-glaucoma medications. In medical terms, progression is defined as any change to the optic nerve or visual field which include and is not limited to, one, progressive changes to the optic nerve neural, retinal rim, and/or retinal nerve fiber layer on ophthalmoscopy, stereoscopic fundus photographs, ocular coherence tomography, or any new advanced diagnostic modality assessing the optic nerve and nerve fiber layer structure. Any visual field change from baseline in three different points on consecutive visual field tests or a worsening in the mean division and/or pattern standard deviation. Once progression is detected, it's important to refer the patient for a higher level of care to prevent further progressive and permanent nerve or vision loss. Isn't that correct?
Senator Hancock: Or in Senator Hancock's terms, any progress in the glaucoma, an ophthalmologist must receive a referral.
Senator Buckingham: That's good.
Senator Hancock: Your words.
Senator Buckingham: Yes, Sir. And you also put some additional patient protections in this bill requiring referral of a patient who is not responding to treatment. A patient who arrives at the optometrist's door with any of the following must also immediately be referred to an ophthalmologist: the patient has uncontrolled intraocular pressure on one or both eyes and is 16 years of age or less; patient has an acute episode of uncontrolled intraocular pressure that is immediately sight threatening such as neovascular glaucoma, acute angle closure glaucoma, or a traumatic hyphema; patient with the diagnosis of advanced glaucoma in one or both eyes regardless of age, as defined by CMS, glaucomatous visual field loss in both hemifields or visual field loss in only one hemifield but the defect encroaches within five degrees of fixation; a patient with chronic glaucoma that is progressing as defined by a worsening of their optic nerve and/or visual field while under treatment by a therapeutic optometrist requires timely consultation with an ophthalmologist; if the treating therapeutic optometrist is unable to lower the intraocular pressure to the desired target pressure range for the patient, which is based on their stage of disease and other factors, the patient has a, quote, refractory glaucoma and a consultation with an ophthalmologist is required. The timing of the referral consult should depend on the risk factors associated with the likelihood of glaucomatous disease progression. Isn't that correct?
Senator Hancock: Correct.
Senator Buckingham: In addition, there are other situations when referral is indicated. For example, if a patient fails to reach target pressures, typically defined as a minimum of 20 to 30 percent reduction in intraocular pressure from baseline and/or failure to reduce an intraocular pressure below 18, the patient will be at risk for continued nerve damage and vision loss. This has been proven in many large-scale epidemiologic studies. Isn't that correct, Senator?
Senator Hancock: Correct.
Senator Buckingham: And so, thank you, Senator Hancock. I appreciate being able to work with you on this bill. And when the time is right, Mr. President, I'd like to move that the discussion between Senator Hancock and myself be reduced to writing and placed in the Journal.
COMMITTEE SUBSTITUTE
SENATE BILL 1059 ON SECOND READING
On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1059 at this time on its second reading:
CSSB 1059, Relating to the process for determining the Medicaid eligibility of certain former foster care youth.
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: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 1059 ON THIRD READING
Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1059 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 54 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 54 at this time on its second reading:
HB 54, Relating to accompanying and filming peace officers of state and local law enforcement agencies for producing reality television programs.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Buckingham, Hughes, Springer.
Absent-excused: Creighton.
HOUSE BILL 54 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 54 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Eckhardt, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Taylor, West, Whitmire, Zaffirini.
Nays: Buckingham, Hughes, Springer.
Absent-excused: Creighton.
(Senator Hughes in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 1147 ON SECOND READING
On motion of Senator Taylor and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1147 at this time on its second reading:
CSHB 1147, Relating to military readiness for purposes of the indicators of achievement under the public school accountability system and the college, career, or military readiness outcomes bonus under the Foundation School Program.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
COMMITTEE SUBSTITUTE
HOUSE BILL 1147 ON THIRD READING
Senator Taylor moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1147 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
(President Pro Tempore Birdwell in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 962 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 962 at this time on its second reading:
CSSB 962, Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.
The motion prevailed by the following vote: Yeas 22, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Springer, Taylor, West, Whitmire.
Nays: Buckingham, Eckhardt, Johnson, Perry, Powell, Schwertner, Seliger, Zaffirini.
Absent-excused: Creighton.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 962 (senate committee printing) in SECTION 1 of the bill, in added Section 174.002, Health and Safety Code, as follows:
(1) In Subsection (a) (page 1, line 52), between "provides" and "express", insert ", in person or electronically,".
(2) In Subsection (b) (page 2, line 4), between "provides" and "express", insert ", in person or electronically,".
(3) Strike Subsection (c)(2) (page 2, lines 30-32), and substitute the following:
(2) obtained from the individual's treating physician for use in the screening, diagnosis, or treatment of the individual by a clinical laboratory that is certified by the Centers for Medicare and Medicaid Services;
(4) In Subsection (c)(3) (page 2, line 37), between "seq.)" and the underlined semicolon, insert "or 45 C.F.R. Part 46".
The amendment to CSSB 962 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: Creighton.
CSSB 962 as amended was passed to engrossment by the following vote: Yeas 22, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Springer, Taylor, West, Whitmire.
Nays: Buckingham, Eckhardt, Johnson, Perry, Powell, Schwertner, Seliger, Zaffirini.
Absent-excused: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 962 ON THIRD READING
Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 962 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 24, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Powell, Springer, Taylor, West, Whitmire.
Nays: Buckingham, Eckhardt, Perry, Schwertner, Seliger, Zaffirini.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 22, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Springer, Taylor, West, Whitmire.
Nays: Buckingham, Eckhardt, Johnson, Perry, Powell, Schwertner, Seliger, Zaffirini.
Absent-excused: Creighton.
(President in Chair)
SENATE BILL 8 WITH HOUSE AMENDMENTS
Senator Hughes called SB 8 from the President's table for consideration of the House amendments to the bill.
The President laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 8 (house committee report) on page 9 by inserting the following language between lines 12 and 13:
(j) Notwithstanding any other law, a civil action under this section may not be brought by a person who impregnated the abortion patient through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code.
Floor Amendment No. 2
Amend SB 8 (house committee printing) as follows:
(1) Strike "chapter" and substitute "subchapter" in each of the following places:
(A) page 6, lines 13, 18, 20, 26, and 27;
(B) page 7, lines 3, 4, 12, 14, 23, and 27; and
(C) page 8, lines 8, 16, and 20.
(2) On page 7, line 17, strike "sixth" and substitute "fourth".
The amendments were read.
Senator Hughes moved to concur in the House amendments to SB 8.
The motion prevailed by the following vote: Yeas 18, Nays 12.
Yeas: Bettencourt, Birdwell, Buckingham, Campbell, Hall, Hancock, Huffman, Hughes, Kolkhorst, Lucio, Nelson, Nichols, Paxton, Perry, Schwertner, Seliger, Springer, Taylor.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, Menéndez, Miles, Powell, West, Whitmire, Zaffirini.
Absent-excused: Creighton.
RECESS
On motion of Senator Whitmire, the Senate at 1:54 p.m. recessed until 2:45 p.m. today.
AFTER RECESS
The Senate met at 2:45 p.m. and was called to order by the President.
BILLS SIGNED
The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:
HB 103, HB 719, HB 788, HB 3390, HB 3401.
HOUSE BILL 3529 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3529 at this time on its second reading:
HB 3529, Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 3529 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3529 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
HOUSE BILL 636 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 636 at this time on its second reading:
HB 636, Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; authorizing a fee.
The bill was read second time.
Senator Nichols offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 636 (senate committee report) as follows:
(1) Strike SECTIONS 1 and 2 of the bill amending Sections 1301.002(9-a) and (10), Occupations Code (page 1, lines 24 through 56).
(2) Strike SECTION 15 of the bill amending Section 1301.3576, Occupations Code (page 4, lines 48 through 58).
(3) In SECTION 23 of the bill, in amended Section 1301.452(a), Occupations Code (page 7, line 27), following the underlined semicolon, strike "or".
(4) In SECTION 23 of the bill, in amended Section 1301.452(a), Occupations Code (page 7, line 29), between "Section 1301.255" and the period, insert the following:
;
(8) offering to perform or performing plumbing for compensation without:
(A) holding a plumbing contractor license;
(B) being employed by a plumbing contractor and acting in the scope of that employment; or
(C) contracting with a plumbing contractor to perform the offered plumbing; or
(9) failing to supervise plumbing as required by this chapter or board rule
(5) In SECTION 32 of the bill, in the repealer (page 8, lines 39 through 51), insert the following appropriately numbered subdivisions and renumber the subdivisions of the SECTION accordingly:
( ) Section 1301.002(9-a);
( ) Section 1301.351(a-2);
(6) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ___. Section 1301.002, Occupations Code, is amended by amending Subdivisions (2), (3), (4), (6), (9), and (10) and adding Subdivision (7-a) to read as follows:
(2) "Drain cleaner" means a person who:
(A) has completed at least 4,000 hours working under the supervision of a [responsible] master plumber as a drain cleaner-restricted registrant;
(B) has fulfilled the requirements of and is registered with the board; and
(C) installs cleanouts and removes and resets p-traps to eliminate obstructions in building drains and sewers under the supervision of a [responsible] master plumber.
(3) "Drain cleaner-restricted registrant" means a person who:
(A) has worked as a plumber's apprentice under the supervision of a [responsible] master plumber;
(B) has fulfilled the requirements of and is registered with the board; and
(C) clears obstructions in sewer and drain lines through any code-approved existing opening under the supervision of a [responsible] master plumber.
(4) "Journeyman plumber" means a person licensed under this chapter who:
(A) has met the qualifications for registration as a plumber's apprentice or for licensing as a tradesman plumber-limited license holder;
(B) has completed at least 8,000 hours working under the supervision of a [responsible] master plumber;
(C) installs, changes, repairs, services, or renovates plumbing or supervises any of those activities under the supervision of a [responsible] master plumber;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the board.
(6) "Plumber's apprentice" means a person other than a master plumber, journeyman plumber, or tradesman plumber-limited license holder who, as the person's principal occupation, learns about and assists in the installation of plumbing, has fulfilled the requirements of and is registered by the board, and works under the supervision of a [responsible] master plumber [and the direct supervision of a licensed plumber].
(7-a) "Plumbing contractor" means a person licensed as a plumbing contractor under this chapter who:
(A) is a master plumber, or employs a master plumber, for the purpose of offering and performing plumbing work that will be performed or supervised by the master plumber;
(B) is authorized to obtain permits for plumbing work;
(C) assumes responsibility for plumbing work performed for compensation paid to the person; and
(D) has submitted a certificate of insurance as required by Section 1301.3576.
(9) "Residential utilities installer" means a person who:
(A) has completed at least 2,000 hours working under the supervision of a master plumber as a plumber's apprentice;
(B) has fulfilled the requirements of and is registered with the board; and
(C) constructs and installs yard water service piping for one-family or two-family dwellings and building sewers under the supervision of a [responsible] master plumber.
(10) "Tradesman plumber-limited license holder" means a person who:
(A) has:
(i) completed at least 4,000 hours working under the direct supervision of a journeyman or master plumber as a plumber's apprentice; or
(ii) successfully completed a coherent sequence of courses in the plumbing trade that are offered through a career and technology education program, as described by Section 1301.3542;
(B) has passed the required examination;
(C) constructs and installs plumbing for one-family or two-family dwellings under the supervision of a [responsible] master plumber; and
(D) has fulfilled the other requirements of the board.
SECTION ___. Section 1301.151(a), Occupations Code, is amended to read as follows:
(a) The Texas State Board of Plumbing Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1) one member who has at least 10 years' practical experience and is licensed as a master plumber;
(2) one member who has at least five years' practical experience and is licensed as a journeyman plumber;
(3) one member who has at least five years' practical experience and is licensed as a plumbing inspector;
(4) one member who is [has been] a plumbing contractor [responsible master plumber for at least five years with at least 10 years' experience as a licensed journeyman plumber or master plumber];
(5) one member who is a licensed engineer practicing in the field of plumbing engineering;
(6) two members who are building contractors with at least five years' contracting experience, one of whom is principally engaged in home building and one of whom is principally engaged in commercial building; and
(7) two members who represent the public.
SECTION ___. Subchapter E, Chapter 1301, Occupations Code, is amended by adding Section 1301.264 to read as follows:
Sec. 1301.264. SUPERVISION RULES; RESPONSIBILITY FOR PLUMBING WORK. (a) The board by rule shall:
(1) require that, for each task involved in plumbing, a master plumber:
(A) perform the task; or
(B) provide general or direct supervision of a less experienced plumber who performs the task;
(2) require that each plumber's apprentice and tradesman plumber-limited license holder perform plumbing under the direct or general supervision of a more experienced plumber;
(3) specify the plumbing tasks that a plumber's apprentice or tradesman plumber-limited license holder must perform under direct supervision and the plumbing tasks a plumber's apprentice or tradesman plumber-limited license holder must perform under general supervision;
(4) specify the amount of classroom training meeting the requirements of Subsection (b), practical plumbing experience, or a combination of that training and experience necessary to:
(A) exempt a plumber from the direct supervision requirements under this section; and
(B) permit the plumber to perform the plumbing under general supervision;
(5) require a plumber, other than a master plumber, to document the plumber's:
(A) classroom training that meets the requirements of Subsection (b); and
(B) practical plumbing experience; and
(6) require the plumbing contractor, and supervising plumber, if any, to assume responsibility for plumbing performed, including the quality of the plumbing and the supervision of less experienced plumbers.
(b) Notwithstanding the minimum requirements for a continuing education program or instructor established under this chapter, the board by rule shall establish minimum requirements for classroom training, other than a continuing education program under this chapter, that, if successfully completed and documented by a plumber, the board shall credit toward:
(1) the necessary classroom training required to:
(A) exempt the plumber from the direct supervision requirements under this section; and
(B) permit the plumber to perform specified plumbing tasks under general supervision;
(2) the continuing education required under this chapter to renew a license, endorsement, or certificate of registration, as applicable to the plumber; and
(3) the eligibility requirements for a license under this chapter, as applicable to the plumber.
SECTION ___. Section 1301.302, Occupations Code, is amended to read as follows:
Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A written proposal, invoice, or contract relating to plumbing services performed by or under the direction of a plumber licensed under this chapter must contain the name and license number of the plumbing contractor [responsible master plumber] and the name, mailing address, and telephone number of the board. The person who performed the services shall give the customer an invoice or completed contract document on completion of the job, regardless of whether the person charged a fee for performing the services.
SECTION ____. Sections 1301.351(a), (a-1), and (c), Occupations Code, are amended to read as follows:
(a) A person[, other than a responsible master plumber,] may not perform or offer to perform [engage in] plumbing for compensation unless:
(1) the person holds:
(A) a plumbing contractor license; and
(B) the proper license, endorsement, or certificate of registration[, or endorsement] required by this chapter to perform or supervise the performance of plumbing; [and]
(2) the person:
(A) is employed by a plumbing contractor;
(B) performs or supervises the plumbing in the scope of that employment; and
(C) holds the proper license, endorsement, or certificate of registration required by this chapter; or
(3) the person offers to perform plumbing and contracts with a plumbing contractor for the performance of the plumbing [the person's work is supervised and controlled by a person licensed under this chapter].
(a-1) A person may not act as a plumbing contractor [responsible master plumber] unless the person holds the appropriate license and meets the applicable requirements [for a responsible master plumber] under this chapter.
(c) A plumbing contractor [license holder] who is supervising and controlling [under Subsection (a)(2)] the work of a person engaged in the business of plumbing in the construction of a new one-family or two-family dwelling in an unincorporated area of the state must have training and management responsibility for, and shall review and inspect, the person's work. The plumbing contractor [license holder] is not required to provide continuous or uninterrupted on-the-job oversight of the person's work.
SECTION ____. Section 1301.3576, Occupations Code, is amended to read as follows:
Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER]. Before a plumbing contractor offers or performs plumbing [master plumber works as a responsible master plumber], the plumbing contractor [master plumber] must[:
[(1)] provide the board with a certificate of insurance that meets the requirements of Section 1301.552[; and
[(2)
present evidence satisfactory to the board of successful completion of a training program approved or administered by the board regarding the laws and rules applicable to the operation of a plumbing business in this state].
SECTION ____. Section 1301.551(g), Occupations Code, is amended to read as follows:
(g) A [responsible master plumber,] plumbing contractor[,] or other person who is required to obtain a permit under this section is not required to pay a plumbing registration fee or administrative fee in a municipality or any other political subdivision.
SECTION ____. Section 1301.552, Occupations Code, is amended to read as follows:
Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN POLITICAL SUBDIVISION. A political subdivision that requires a plumbing contractor [responsible master plumber] or an agent of a plumbing contractor [responsible master plumber] to obtain a permit before performing plumbing in the political subdivision shall verify through the board's Internet website, or by contacting the board by telephone, that the plumbing contractor [responsible master plumber] has on file with the board a certificate of insurance. The certificate of insurance must:
(1) be written by an insurer authorized to engage in the business of insurance in this state or an eligible surplus lines insurer under Chapter 981[, as defined by Section 981.002], Insurance Code;
(2) provide for commercial general liability insurance for the plumbing contractor [responsible master plumber] for a claim for property damage or bodily injury, regardless of whether the claim arises from negligence or on a contract; and
(3) provide coverage of not less than $300,000 for all claims arising in a one-year period.
SECTION ____. Notwithstanding any other provision of this Act:
(1) the authorization of a person holding a designation on the effective date of this Act to act as a responsible master plumber continues in effect until September 1, 2022;
(2) a person is not required to hold a plumbing contractor license to perform or offer to perform plumbing for compensation until September 1, 2022; and
(3) a person holding a designation to act as a responsible master plumber on the effective date of this Act may apply at no cost to the person for a plumbing contractor license until September 1, 2022, and after September 1, 2022, if the person applies for a plumbing contractor license, the person shall pay any fee required by law for the plumbing contractor license.
SECTION ____. The changes in law made by this Act to the qualifications of the members of the Texas State Board of Plumbing Examiners do not affect the entitlement of a member serving on the board immediately before the effective date of this Act to continue to serve for the remainder of the member's term. As the terms of board members expire, the governor shall appoint or reappoint a member who has the qualifications required for a member under Section 1301.151, Occupations Code, as amended by this Act.
The amendment to HB 636 was read.
On motion of Senator Whitmire, Floor Amendment No. 1 was tabled by the following vote: Yeas 17, Nays 11.
Yeas: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Hughes, Johnson, Lucio, Menéndez, Miles, Perry, Powell, Springer, Taylor, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Buckingham, Campbell, Hall, Hancock, Huffman, Nichols, Paxton, Schwertner, Seliger.
Absent: Kolkhorst, Nelson.
Absent-excused: Creighton.
Senator Nichols offered the following amendment to the bill:
Floor Amendment No. 2
Amend HB 636 (senate committee report) as follows:
(1) In SECTION 18 of the bill, in the heading to Section 1301.401, Occupations Code (page 5, line 37), strike "ANNUAL" and substitute "[ANNUAL]".
(2) In SECTION 18 of the bill, in amended Section 1301.401(a), Occupations Code (page 5, line 39), strike "year" and substitute "or two years as determined by board rule [year]".
(3) In SECTION 18 of the bill, in amended Section 1301.401(a), Occupations Code (page 5, line 41), strike "annually" and substitute "[annually]".
(4) In SECTION 18 of the bill, in amended Section 1301.401(b), Occupations Code (page 5, line 42), between "rule" and "may", insert "shall establish the requirements for renewing a license, registration, or endorsement under this chapter and".
The amendment to HB 636 was read.
On motion of Senator Whitmire, Floor Amendment No. 2 was tabled by the following vote: Yeas 15, Nays 13.
Yeas: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Hughes, Johnson, Lucio, Menéndez, Miles, Powell, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Buckingham, Campbell, Hall, Hancock, Huffman, Nichols, Paxton, Perry, Schwertner, Seliger, Taylor.
Absent: Kolkhorst, Nelson.
Absent-excused: Creighton.
HB 636 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Birdwell, Hall.
Absent-excused: Creighton.
HOUSE BILL 636 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 636 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 2.
Yeas: Alvarado, Bettencourt, Blanco, Buckingham, Campbell, Eckhardt, Gutierrez, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Schwertner, Seliger, Springer, Taylor, West, Whitmire, Zaffirini.
Nays: Birdwell, Hall.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2089 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2089 at this time on its second reading:
CSSB 2089, Relating to the use of certain tax revenue to acquire, construct, enhance, upgrade, operate, and maintain convention center facilities, multipurpose arenas, venues, and spaceport and spacecraft observation facilities in certain municipalities.
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.
Absent-excused: Creighton.
COMMITTEE SUBSTITUTE
SENATE BILL 2089 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2089 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Buckingham, Campbell, 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.
Absent-excused: Creighton.
SENATE BILL 230 WITH HOUSE AMENDMENT
Senator Seliger called SB 230 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Amendment
A BILL TO BE ENTITLED
AN ACT
relating to the continuing education requirement for county commissioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 81.0025(a) and (b), Local Government Code, are amended to read as follows:
(a) A county commissioner must successfully complete at least 16 [classroom] hours of continuing education in the performance of the duties of county commissioners at least once in each 12-month period.
(b) Continuing education instruction required by this section must be certified by an accredited public institution of higher education. The instruction may be completed online with the approval of the commissioners court, except a county commissioner must complete the instruction in person in the first 12-month period of the commissioner's first term.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.
The amendment was read.
Senator Seliger moved to concur in the House amendment to SB 230.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
SENATE BILL 1126 WITH HOUSE AMENDMENT
Senator Springer called SB 1126 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1126 (house committee report) as follows:
(1) On page 1, lines 14 and 15, strike "such other institutions as may be assigned by specific legislative act" and substitute "any other institution assigned by law".
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter C, Chapter 107, Education Code, is amended by adding Section 107.47 to read as follows:
Sec. 107.47. REPORT ON TRANSITION OF BRANCH LOCATIONS TO COMPONENT INSTITUTIONS. (a) Not later than December 1, 2022, the system shall, using available funding, prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing legislative committees with primary jurisdiction over appropriations or higher education a report on the transition of the Texas Woman's University branch locations at Dallas and Houston to component institutions of the system. The report must include:
(1) a strategy for each branch location to attain accreditation by the Southern Association of Colleges and Schools Commission on Colleges;
(2) a strategy for improvement and expansion of facilities, if needed, at each branch location that does not include the use of additional state funding;
(3) proposed degree programs to be offered by each branch location that will meet the requirements for approval by the Texas Higher Education Coordinating Board and the estimated additional state costs associated with those programs; and
(4) any anticipated increase in administrative costs associated with the transition, including any personnel costs required to attain accreditation described by Subdivision (1).
(b) This section expires January 1, 2023.
SECTION ____. Subchapters G and H, Chapter 107, Education Code, as added by this Act, apply beginning with the 2023-2024 academic year.
The amendment was read.
Senator Springer moved to concur in the House amendment to SB 1126.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
SENATE BILL 1774 WITH HOUSE AMENDMENT
Senator Alvarado called SB 1774 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Amendment
A BILL TO BE ENTITLED
AN ACT
relating to the conveyance of certain real property by certain navigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 60, Water Code, is amended by adding Section 60.0381 to read as follows:
Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION DISTRICTS. (a) This section applies only to:
(1) a district that controls a ship channel or waterway that is the subject of a project that has been authorized or modified by the United States Congress in the Water Resources Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 Stat. 2615); and
(2) a lease entered into before the effective date of the Act enacting this section.
(b) Notwithstanding any other provision of law, including Section 5007.004, Special District Local Laws Code, to the extent that a district has entered into a surface lease with an original term of at least 20 years, the district may sell the land, improvements, easements, and any other interests in the real property or any part of the real property to the surface lease counterparty according to this section. The land, improvements, easements, and any other interests in real property may be conveyed by the district to the surface lease counterparty, without complying with the notice and bidding or other requirements of Sections 60.040-60.042. The sale must be:
(1) approved by the port commission;
(2) executed by the chair of the port commission;
(3) attested by the executive director of the district; and
(4) made for an amount that is not less than the reasonable market value of the land, improvements paid for by the district, easements, or other interest in real property, as applicable, at the time of contracting for the sale.
(c) Money received from the sale of real property as described by this section in excess of the sum of the reasonable market value of the property and the amount of rent due for the unexpired term of the surface lease may be used only for the purpose of a project that has been authorized or modified by the United States Congress in the Water Resources Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 Stat. 2615).
(d) A district may not sell land under this section to an entity that presents an undue security or safety risk to this state because of potential sabotage to or subversion of the integrity, operation, or maintenance of a ship channel or waterway of this state.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.
The amendment was read.
Senator Alvarado moved to concur in the House amendment to SB 1774.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, May 13, 2021 - 2
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 supplemental information required for inclusion with a written statement of an individualized education program developed for certain public school students who received special education services during the 2019-2020 or 2020-2021 school year.
Relating to the hours for public consumption of alcoholic beverages.
Relating to the protection of religious organizations.
Relating to authorizing equal opportunity for access by certain students to University Interscholastic League sponsored activities; authorizing a fee.
Relating to certain increases in benefits under the firefighters' relief and retirement fund in certain municipalities.
Relating to intelligence databases for combinations and criminal street gangs.
Relating to the requirements for interlocal contracts.
Relating to the breach of development agreement contracts governing land in the extraterritorial jurisdiction of certain municipalities.
Relating to ticket sales for charitable raffles conducted by the charitable foundations of certain professional sports teams.
HB 2204
Thompson, Senfronia
|
Relating to the conduct of charitable bingo.
Relating to the municipal regulation of housing for homeless individuals provided by a religious organization.
Relating to the dates a retail fireworks permit holder may sell fireworks to the public.
Relating to annually adjusting for inflation the maximum amount of a motor vehicle excluded in determining eligibility for the supplemental nutrition assistance program.
Relating to the authority of an independent school district to change the date of the general election and terms for officers.
Relating to the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents.
Relating to the reentry and reintegration programs provided by the Texas Department of Criminal Justice.
Relating to the prohibited suspension of a provision of the Code of Criminal Procedure or Penal Code during a declared state of disaster.
Relating to limitations periods in arbitration proceedings.
Relating to the date a deferral or abatement of the collection of ad valorem taxes on the residence homestead of an elderly or disabled person or disabled veteran expires.
Relating to the statute of limitations for tampering with certain physical evidence.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE BILL 2093 WITH HOUSE AMENDMENT
Senator Hughes called SB 2093 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 2093 (house committee report) as follows:
(1) On page 1, lines 2-3, strike "for office in primary elections" and substitute "considered for nomination by convention"
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 2093.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
HOUSE BILL 1363 ON SECOND READING
On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1363 at this time on its second reading:
HB 1363, Relating to treatment of a patient by a physical therapist without a referral.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Buckingham.
Absent-excused: Creighton.
HOUSE BILL 1363 ON THIRD READING
Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1363 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 1.
Nays: Buckingham.
Absent-excused: Creighton.
(Senator Buckingham in Chair)
SENATE BILL 1230 WITH HOUSE AMENDMENT
Senator Taylor called SB 1230 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1230 as follows:
(1) On page 2, strike lines 10 and 11 and substitute the following appropriately numbered subdivision:
(____) one individual who is an administrator of a public junior college as defined by Section 61.003, a business leader, or a stakeholder knowledgeable in junior college mission, instructional programs, and finance.
(2) On page 3, between lines 11 and 12, insert the following appropriately lettered subsection:
(____) To inform the recommendations required under Subsection (h), the commission may examine and make recommendations on other policy and finance matters, including:
(1) workforce demand and skills gaps;
(2) dual credit programs and costs;
(3) variation between taxing districts and service areas;
(4) student graduation, transfer, and success metrics; and
(5) the relationship between economic cycles and student enrollment.
(3) On page 3, between lines 17 and 18, insert the following appropriately lettered subsection:
(____) The governor shall designate the presiding officer of the commission.
(4) Reletter subsections appropriately.
The amendment was read.
Senator Taylor moved to concur in the House amendment to SB 1230.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
(President in Chair)
HOUSE BILL 1763 ON SECOND READING
On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1763 at this time on its second reading:
HB 1763, Relating to the contractual relationship between a pharmacist or pharmacy and a health benefit plan issuer or pharmacy benefit manager.
The bill was read second time.
(Senator Blanco in Chair)
(President in Chair)
Senator Gutierrez offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 1763 (senate committee report) as follows:
(1) In SECTION 1 of the bill, between added Sections 1369.557 and 1369.558, Insurance Code (page 3, between lines 19 and 20), insert the following:
Sec. 1369.558. GAG CLAUSES PROHIBITED. (a) A contract between a health benefit plan issuer or pharmacy benefit manager and a pharmacist or pharmacy may not prohibit or restrict the pharmacist or pharmacy from disclosing to a patient:
(1) cost information for a prescription drug, including information regarding billed or allowed amounts, reimbursement rates, or out-of-pocket costs associated with the drug; or
(2) an available alternative, including a more affordable or effective alternative, to a specific prescription drug.
(b) A pharmacist or pharmacy may use information described by Subsection (a) to:
(1) assist a patient and institutional purchaser in making informed decisions regarding their health care;
(2) assist a patient in making informed choices among health care providers; and
(3) allow comparisons between prices paid by health benefit plan issuers and pharmacy benefit managers to health care providers.
(2) Renumber the sections of and redesignate the cross-references in added Subchapter L, Chapter 1369, Insurance Code, accordingly.
The amendment to HB 1763 was read.
Senator Gutierrez withdrew Floor Amendment No. 1.
HB 1763 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Absent-excused: Creighton.
HOUSE BILL 1763 ON THIRD READING
Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1763 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 0.
Absent-excused: Creighton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)
SENATE BILL 1448 WITH HOUSE AMENDMENT
Senator Taylor called SB 1448 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1448 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 2210.351, Insurance Code, is amended by amending Subsection (d) and adding Subsection (f) to read as follows:
(d) The association may use a rate filed by the association without prior commissioner approval if:
(1) the filing is made not later than the 30th day before the date of any use or delivery for use of the rate;
(2) the filed rate does not exceed [105 percent of] the rate in effect on the date on which the filing is made; and
(3) [the filed rate does not reflect a rate change for an individual rating class that is 10 percent higher than the rate in effect for that rating class on the date on which the filing is made; and
[(4)] the commissioner has not disapproved the filing in writing, advising of the reasons for the disapproval and the criteria the association is required to meet to obtain approval.
(f) The association may not file a rate under this section that exceeds the rate in effect on the date on which the filing is made unless two-thirds of the board of directors votes to approve the rate.
SECTION ____. Section 2210.352, Insurance Code, is amended by amending Subsection (a-1) and adding Subsection (a-3) to read as follows:
(a-1) The association may use a rate filed by the association under this section without prior commissioner approval if:
(1) the filing is made not later than the 30th day before the date of any use or delivery for use of the rate; and
(2) the filed rate does not exceed [105 percent of] the rate used by the association in effect on the date on which the filing is made[; and
[(3)
the filed rate does not reflect a rate change for an individual rating class that is 10 percent higher than the rate in effect for that rating class on the date on which the filing is made].
(a-3) The association may not file a rate under this section that exceeds the rate in effect on the date on which the filing is made unless two-thirds of the board of directors votes to approve the rate.
SECTION ____. Sections 2210.351 and 2210.352, Insurance Code, as amended by this Act, apply only to a rate filed by the Texas Windstorm Insurance Association with the Texas Department of Insurance on or after the effective date of this Act. A rate filed with the Texas Department of Insurance before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.
The amendment was read.
Senator Taylor moved to concur in the House amendment to SB 1448.
The motion prevailed by the following vote: Yeas 25, Nays 5.
Yeas: Alvarado, Bettencourt, Blanco, Buckingham, Campbell, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Springer, Taylor, West, Whitmire, Zaffirini.
Nays: Birdwell, Eckhardt, Powell, Schwertner, Seliger.
Absent-excused: Creighton.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)
Senator Schwertner submitted the following Motion In Writing:
Mr. President:
I move to suspend Senate Rule 11.13 so that committees may meet during the reading and referral of bills.
SCHWERTNER
The Motion In Writing was read and prevailed without objection.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry 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 tomorrow in the press room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
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 in the Senate Chamber today.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 4:38 p.m. agreed to adjourn, in memory of Daniel A. San Miguel, upon completion of the introduction of bills and resolutions on first reading, until 10:00 a.m. tomorrow.
HOUSE BILLS AND RESOLUTIONS ON FIRST READING
The following bills and resolutions received from the House were read first time and referred to the committees indicated:
HB 3 to Committee on State Affairs.
HB 30 to Committee on Criminal Justice.
HB 130 to Committee on Transportation.
HB 158 to Committee on Health & Human Services.
HB 222 to Committee on Jurisprudence.
HB 246 to Committee on Jurisprudence.
HB 262 to Committee on Jurisprudence.
HB 295 to Committee on Jurisprudence.
HB 404 to Committee on Business & Commerce.
HB 619 to Committee on Natural Resources & Economic Development.
HB 663 to Committee on Local Government.
HB 674 to Committee on Jurisprudence.
HB 692 to Committee on Business & Commerce.
HB 697 to Committee on Veteran Affairs & Border Security.
HB 746 to Committee on Local Government.
HB 769 to Committee on Natural Resources & Economic Development.
HB 827 to Committee on Transportation.
HB 854 to Committee on State Affairs.
HB 1068 to Committee on Education.
HB 1154 to Committee on Local Government.
HB 1159 to Committee on Jurisprudence.
HB 1284 to Committee on Natural Resources & Economic Development.
HB 1307 to Committee on Criminal Justice.
HB 1427 to Committee on Business & Commerce.
HB 1505 to Committee on Transportation.
HB 1520 to Committee on Natural Resources & Economic Development.
HB 1565 to Committee on Business & Commerce.
HB 1570 to Committee on Natural Resources & Economic Development.
HB 1683 to Committee on Natural Resources & Economic Development.
HB 1694 to Committee on Criminal Justice.
HB 1810 to Committee on Business & Commerce.
HB 1919 to Committee on Health & Human Services.
HB 1987 to Committee on State Affairs.
HB 2242 to Committee on Local Government.
HB 2430 to Committee on Jurisprudence.
HB 2445 to Committee on Criminal Justice.
HB 2701 to Committee on State Affairs.
HB 2803 to Committee on Jurisprudence.
HB 2822 to Committee on Health & Human Services.
HB 2911 to Committee on Business & Commerce.
HB 2912 to Committee on Business & Commerce.
HB 2926 to Committee on State Affairs.
HB 2951 to Committee on Water, Agriculture & Rural Affairs.
HB 2988 to Committee on Business & Commerce.
HB 2998 to Committee on Business & Commerce.
HB 3081 to Committee on Water, Agriculture & Rural Affairs.
HB 3098 to Committee on Business & Commerce.
HB 3115 to Committee on Business & Commerce.
HB 3276 to Committee on State Affairs.
HB 3360 to Committee on Jurisprudence.
HB 3400 to Committee on Education.
HB 3417 to Committee on Business & Commerce.
HB 3474 to Committee on Finance.
HB 3489 to Committee on Education.
HB 3660 to Committee on Criminal Justice.
HB 3702 to Committee on Finance.
HB 3853 to Committee on Transportation.
HB 3948 to Committee on Business & Commerce.
HB 3949 to Committee on Transportation.
HB 3976 to Committee on Business & Commerce.
HB 4012 to Committee on Business & Commerce.
HB 4018 to Committee on Finance.
HB 4066 to Committee on Water, Agriculture & Rural Affairs.
HB 4166 to Committee on State Affairs.
HB 4454 to Committee on Water, Agriculture & Rural Affairs.
HB 4474 to Committee on Business & Commerce.
HB 4492 to Committee on Business & Commerce.
HB 4563 to Committee on Local Government.
HJR 4 to Committee on Jurisprudence.
HJR 140 to Committee on Finance.
CO-AUTHOR OF SENATE BILL 505
On motion of Senator Miles, Senator Campbell will be shown as Co-author of SB 505.
CO-AUTHOR OF SENATE BILL 993
On motion of Senator Hancock, Senator West will be shown as Co-author of SB 993.
CO-AUTHORS OF SENATE BILL 1084
On motion of Senator Powell, Senators Miles and Zaffirini will be shown as Co-authors of SB 1084.
CO-AUTHOR OF SENATE BILL 1527
On motion of Senator Perry, Senator Gutierrez will be shown as Co-author of SB 1527.
CO-AUTHOR OF SENATE BILL 1622
On motion of Senator Bettencourt, Senator Hinojosa will be shown as Co-author of SB 1622.
CO-AUTHOR OF SENATE BILL 1630
On motion of Senator Miles, Senator Campbell will be shown as Co-author of SB 1630.
CO-AUTHOR OF SENATE BILL 1914
On motion of Senator Blanco, Senator Miles will be shown as Co-author of SB 1914.
CO-AUTHOR OF SENATE BILL 2232
On motion of Senator Hall, Senator Creighton will be shown as Co-author of SB 2232.
CO-SPONSORS OF HOUSE BILL 54
On motion of Senator Whitmire, Senators Hinojosa and West will be shown as Co-sponsors of HB 54.
CO-SPONSOR OF HOUSE BILL 454
On motion of Senator Miles, Senator Bettencourt will be shown as Co-sponsor of HB 454.
CO-SPONSOR OF HOUSE BILL 569
On motion of Senator West, Senator Paxton will be shown as Co-sponsor of HB 569.
CO-SPONSOR OF HOUSE BILL 604
On motion of Senator Zaffirini, Senator Buckingham will be shown as Co-sponsor of HB 604.
CO-SPONSORS OF HOUSE BILL 636
On motion of Senator Whitmire, Senators Alvarado and Menéndez will be shown as Co-sponsors of HB 636.
CO-SPONSOR OF HOUSE BILL 725
On motion of Senator Zaffirini, Senator Eckhardt will be shown as Co-sponsor of HB 725.
CO-SPONSORS OF HOUSE BILL 1057
On motion of Senator Creighton, Senators Bettencourt, Hall, Lucio, Menéndez, and Paxton will be shown as Co-sponsors of HB 1057.
CO-SPONSOR OF HOUSE BILL 1133
On motion of Senator Hughes, Senator Bettencourt will be shown as Co-sponsor of HB 1133.
CO-SPONSOR OF HOUSE BILL 1147
On motion of Senator Taylor, Senator West will be shown as Co-sponsor of HB 1147.
CO-SPONSOR OF HOUSE BILL 1363
On motion of Senator Hughes, Senator Menéndez will be shown as Co-sponsor of HB 1363.
CO-SPONSORS OF HOUSE BILL 1603
On motion of Senator Seliger, Senators Birdwell, Eckhardt, Gutierrez, Johnson, Menéndez, and Miles will be shown as Co-sponsors of HB 1603.
CO-SPONSORS OF HOUSE BILL 1763
On motion of Senator Hughes, Senators Buckingham, Creighton, Gutierrez, Kolkhorst, and Seliger will be shown as Co-sponsors of HB 1763.
CO-SPONSOR OF HOUSE BILL 1925
On motion of Senator Buckingham, Senator Lucio will be shown as Co-sponsor of HB 1925.
CO-SPONSOR OF HOUSE BILL 2127
On motion of Senator Hancock, Senator Alvarado will be shown as Co-sponsor of HB 2127.
CO-SPONSOR OF HOUSE BILL 2667
On motion of Senator Perry, Senator Gutierrez will be shown as Co-sponsor of HB 2667.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Congratulatory Resolutions
SR 402 by Powell, Recognizing Faye Beaulieu for her service on the Hurst-Euless-Bedford Independent School District Board of Trustees.
SR 406 by Kolkhorst, Honoring the life of Mary Lee Feitsam Najvar, who at 21 became the youngest licensed mortician in Texas.
SR 407 by Nelson, Recognizing Chimney Creek Ranch on the occasion of its 100th anniversary of family ownership.
SR 409 by West, Recognizing the DeSoto High School Lady Eagles basketball team for winning a state championship.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 5:20 p.m. adjourned, in memory of Daniel A. San Miguel, until 10:00 a.m. tomorrow.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 13, 2021
TRANSPORTATION — CSHB 19
LOCAL GOVERNMENT — CSHB 2171
EDUCATION — CSSB 2094
BUSINESS AND COMMERCE — CSHB 2090
HEALTH AND HUMAN SERVICES — HB 1792, SB 2037, HB 1011, SB 1084, CSHB 135, CSSB 1489
JURISPRUDENCE — SB 1741
WATER, AGRICULTURE AND RURAL AFFAIRS — HB 2840, HB 2841, HB 1484, HB 1958, HB 3689, HB 3132
BUSINESS AND COMMERCE — HB 1777, HB 1752, HB 3769, HB 1939, HB 2106, HB 3615, HB 3130, HB 2698, HB 763, HB 2819, HB 914, HB 3924, HB 2920
CRIMINAL JUSTICE — HB 375, HB 1012, HB 1403, HB 1545, HB 2343, HB 2669, HB 3165
WATER, AGRICULTURE AND RURAL AFFAIRS — HB 4579, HB 4436, HB 3442
LOCAL GOVERNMENT — CSSB 2214, CSSB 1412, SB 2244, SB 2242, SB 1745, HB 2847, HB 1543, HB 1228, HB 840, HB 180, CSSB 2237
WATER, AGRICULTURE AND RURAL AFFAIRS — HB 837
HEALTH AND HUMAN SERVICES — CSSB 1630, CSSB 917
WATER, AGRICULTURE AND RURAL AFFAIRS — CSHB 2326, CSHB 2213
RESOLUTIONS ENROLLED
May 12, 2021
SR 393, SR 394, SR 396, SR 399, SR 400, SR 401
BILLS ENGROSSED
May 13, 2021
SB 962, SB 993, SB 1059, SB 1572, SB 1984, SB 2089, SB 2232