(Thursday, March 30, 2023)

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by President Pro Tempore Hancock.

The roll was called and the following Senators were present:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

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

Pastor Mark Wible, Highland Baptist Church, Waco, offered the invocation as follows:

Heavenly Father, we humbly bow before You this morning with gratitude for Your guidance in our lives. We acknowledge our dependence upon You for our daily needs. I pray for this Senate as they convene. Your word instructs us to ask You for wisdom and it will be given to us. As this body makes decisions that affect the lives of every resident of Texas, we ask for Your wisdom. We ask for guidance in decisions that involve the poor, the marginalized, the future of our state, our economic stability, the education of our children, our safety, and our ability to live life well. The challenges of the days in which we live are great, but Your grace is greater. The needs of their constituents are vast, but You are more than able to meet each one. Your word instructs to give honor to whom honor is due. I honor these who sacrificially serve us and thank You for their willingness to lead in such a time as this. Lord, let Your kingdom come and Your will be done today in every decision, deliberation, and direction they take. Bless this session. It is through Jesus' name I pray. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

Senator Gutierrez was recognized and introduced to the Senate members of the Uvalde High School Student Council, Morales Junior High School Student Council, and Batesville School Student Council.

The Senate welcomed its guests.

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

March 30, 2023

Austin, Texas

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

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

To be members of the Commission on Jail Standards for terms to expire January 31, 2029:

Duane Lock

Southlake, Texas

Andrew B. "Ben" Perry

Waco, Texas

Esmaeil Porsa, M.D.

Houston, Texas

The individuals listed above are being reappointed.

Respectfully submitted,

/s/Greg Abbott

Governor

March 30, 2023

Austin, Texas

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

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

To be a member of the Texas Board of Professional Geoscientists for a term to expire February 1, 2029:

Mark N. Varhaug

Dallas, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

Senator Middleton was recognized and presented Dr. Namita Bhardwaj of Friendswood as the Physician of the Day.

The Senate welcomed Dr. Bhardwaj, accompanied by Amy Jones, and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

Senator Blanco offered the following resolution:

SR 354, Recognizing the Community Action Agencies of Texas for their contributions.

The resolution was read and was adopted without objection.

Senator Blanco, joined by Senator Perry, was recognized and introduced to the Senate a Texas Association of Community Action Agencies, Incorporated, delegation including President Laura Ponce and Executive Director Amanda Shelton.

The Senate welcomed its guests.

Senator Zaffirini offered the following resolution:

SR 368, Recognizing March 30, 2023, as Survivors Speak Texas Day.

The resolution was read and was adopted without objection.

Senator Zaffirini was recognized and introduced to the Senate a Survivors Speak Texas Day delegation including Terra Tucker, Joe Henderson, and Clarence Watson.

The Senate welcomed its guest.

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.

The President Pro Tempore at 11:34 a.m. announced the conclusion of morning call.

Senator Huffman moved to suspend the regular order of business to take up for consideration CSSB 1045 at this time on its second reading:

CSSB 1045, Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

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

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

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

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

Senator Birdwell moved to suspend the regular order of business to take up for consideration SB 29 at this time on its second reading:

SB 29, Relating to prohibited governmental entity implementation or enforcement of a vaccine mandate, mask requirement, or private business or school closure to prevent the spread of COVID-19.

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

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, 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 Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1045 be placed on its third reading and final passage:

CSSB 1045, Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

The motion prevailed by the following vote:  Yeas 25, Nays 6.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.

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

The bill was read third time and was passed by the following vote:  Yeas 19, Nays 12.

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

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

Senator Hancock moved to suspend the regular order of business to take up for consideration SB 936 at this time on its third reading and final passage:

SB 936, Relating to certain agreements with collective bargaining organizations related to certain publicly funded public work contracts.

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

Yeas:  Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.

Nays:  Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, 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 Kolkhorst and by unanimous consent, the regular order of business was suspended to take up for consideration SB 25 at this time on its second reading:

SB 25, Relating to support for nursing-related postsecondary education, including scholarships to nursing students, loan repayment assistance to nurses and nursing faculty, and grants to nursing education programs.

The bill was read second time.

Senator Kolkhorst offered the following amendment to the bill:

Amend SB 25 (senate committee report) as follows:

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

SECTION ____.  Section 61.651(1), Education Code, is amended to read as follows:

(1)  "Professional nursing student" means a student enrolled in:

(A)  an institution of higher education; or

(B)  a nonprofit, tax-exempt, regionally accredited college or university operating in accordance with a memorandum of understanding with this state under an executive order issued by the governor [a private or independent institution of higher education] in a course of study leading to an initial or an advanced degree in professional nursing.

(2)  In SECTION 1 of the bill, strike amended Section 61.655(c), Education Code (page 1, lines 36 through 58), and substitute the following:

(c)  Each year funds are available, the board shall establish the categories of persons eligible to receive scholarships[, matching funds,] and loan repayments and the criteria for selecting persons to be assisted under each category. The criteria:

(A)  an institution of higher education; or

(2)  may include:

(A) [(1)]  scholastic ability and performance;

(B) [(2)]  financial need;

(C) [(3)]  the geographical area in which the person is likely to practice;

(D) [(4)]  whether the person receives Temporary Assistance for Needy Families [Aid to Families with Dependent Children] or participates in another public welfare program;

(E) [(5)]  employment by a state agency;

(F) [(6)]  employment on a nursing school faculty or a person's intention to seek employment on a nursing school faculty;

(G) [(7)]  whether the person is practicing in a geographical area, a practice setting, or an area of practice with an acute nursing shortage or is likely to practice in such an area;

(H) [(8)]  the type of certificate or academic degree held or pursued; or

(I) [(9)]  any additional factors the board considers relevant to promoting the health care and educational needs of the state.

(3)  Strike the recital to SECTION 2 of the bill (page 1, lines 59-60) and substitute the following:

SECTION 2.  Section 61.656, Education Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(4)  In SECTION 2 of the bill, in amended Section 61.656, Education Code (page 2, between lines 9 and 10), insert the following:

(5)  In SECTION 8 of the bill, between Subsections (a) and (b) (page 3, between lines 9 and 10), insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:

(_)  Section 61.655, Education Code, as amended by this Act, applies beginning with scholarships and loan repayment assistance awarded under a program established under Subchapter L, Chapter 61, Education Code, for the 2024-2025 academic year. Scholarships and loan repayment assistance awarded under a program established under Subchapter L, Chapter 61, Education Code, for an academic year before the 2024-2025 academic year are governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(6)  In SECTION 8 of the bill, in Subsection (b) (page 3, lines 10-12), strike "The changes in law made by this Act apply beginning with loan repayment assistance awarded under Subchapter JJ, Chapter 61, Education Code," and substitute "The changes in law made by this Act to Subchapter JJ, Chapter 61, Education Code, apply beginning with loan repayment assistance awarded under that subchapter".

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

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

SB 25 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 Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 25 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

Thursday, March 30, 2023 - 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 an exemption from sales and use taxes for certain family care items.

Honoring Dr. Alberto Gutiérrez of McAllen for his years of service to the Rio Grande Valley.

Respectfully,

/s/Stephen Brown,

Chief Clerk

House of Representatives

The President laid before the Senate CSSB 796 by Senator Middleton on its second reading. The bill had been read second time and further consideration postponed to a time certain of 11:00 a.m. Wednesday, March 29, 2023:

CSSB 796, Relating to arbitration provisions in surplus lines insurance contracts.

Question:  Shall CSSB 796 be passed to engrossment?

CSSB 796 was passed to engrossment by a viva voce vote.

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

Senator Middleton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 796 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 laid before the Senate CSSB 895 by Senator Johnson on its second reading. The bill had been read second time, an amendment offered, and further consideration postponed to a time certain of 11:00 a.m. today:

CSSB 895, Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

Question:  Shall Floor Amendment No. 1 to CSSB 895 be adopted?

Senator Johnson again offered the following amendment to the bill:

Amend CSSB 895 (senate committee report), in SECTION 1.01 of the bill, as follows:

(1)  In added Section 152.003(16), Finance Code (page 3, lines 7 and 8), strike "by a provider of money transmission services".

(2)  In added Section 152.003(19), Finance Code (page 3, lines 33 through 35), strike "is fully backed by sovereign currency and grants the holder the right to redeem the coin for sovereign currency from the issuer" and substitute the following:

(C)  grants a holder of the stablecoin the right to redeem the stablecoin for sovereign currency from the issuer

(3)  In added Section 152.004, Finance Code (page 5, lines 56 through 69), strike added Subdivision (3) and substitute the following:

(4)  In added Subchapter B, Chapter 152, Finance Code (page 8, between lines 19 and 20), insert the following:

(5)  Renumber subsequent sections of added Subchapter B, Chapter 152, Finance Code, accordingly, and correct cross-references to sections within Chapter 152 as necessary.

(6)  In added Section 152.060, Finance Code (page 9, lines 41 through 43), strike added Subsection (b) and substitute the following:

(7)  In added Section 152.104(c), Finance Code (page 12, lines 7 through 10), strike added Subdivision (7) and substitute the following:

The amendment to CSSB 895 was again 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.

Senator Kolkhorst offered the following amendment to the bill:

Amend CSSB 895 (senate committee printing) in SECTION 1 of the bill, immediately following added Section 152.005, Finance Code (page 2, between lines 66 and 67), by inserting the following:

The amendment to CSSB 895 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.

CSSB 895 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:  Hall.

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 895 be placed on its third reading and final passage.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Hall.

The bill was read third time and was passed by the following vote:  Yeas 30, Nays 1. (Same as previous roll call)

Senators West, Nichols, Miles, Hughes, and Kolkhorst submitted the following Motion In Writing:

Mr. President:

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

SB 2567 by West, Relating to the issuance of temporary tags and license plates by a motor vehicle dealer.

SB 2573 by Nichols, Relating to the jurisdiction of the 411th District Court and of the County Court at Law of Polk County.

SB 2581 by Miles, Relating to the service area of the Houston Community College System District.

SCR 36 by Hughes, Designating Mineola as the official Sweets Capital of Texas for a 10-year period ending in 2033, replacing the city's previous designation as the City of Festivals.

SCR 38 by Kolkhorst, Designating April 6 as Texas High School Coaches Day for a 10-year period ending in 2033.

The Motion In Writing was read and prevailed without objection.

The following bills and resolutions, filed on or before March 10, 2023, were introduced, read first time, and referred to the committees indicated:

SB 2216 by Blanco, Gutierrez, Hinojosa, LaMantia, Zaffirini

Relating to the awarding of grants to certain entities for homeland security expenses.

To Committee on Border Security.

SB 2217 by Blanco, Gutierrez, Hinojosa, LaMantia, West, Zaffirini

Relating to requiring state agencies participating in Operation Lone Star to develop and report performance measures on the agency's operations.

To Committee on Border Security.

SB 2219 by Blanco, Gutierrez, Hinojosa, LaMantia, Zaffirini

Relating to the funding categories of the unified transportation program.

To Committee on Transportation.

SB 2567 by West

Relating to the issuance of temporary tags and license plates by a motor vehicle dealer.

To Committee on Transportation.

SB 2568 by LaMantia

Relating to the powers of the Hidalgo County Drainage District Number 1; authorizing the issuance of bonds.

To Committee on Local Government.

SB 2573 by Nichols

Relating to the jurisdiction of the 411th District Court and of the County Court at Law of Polk County.

To Committee on Jurisprudence.

SB 2578 by Johnson, Paxton, Perry, Schwertner, Springer

Relating to the Upper Guadalupe River Authority, following the recommendations of the Sunset Advisory Commission; altering terms of the board of directors; specifying grounds for the removal of a member of the board of directors.

To Committee on Water, Agriculture, and Rural Affairs.

SB 2580 by Nichols

Relating to the creation of the Liberty County Municipal Utility District No. 12; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Committee on Local Government.

SB 2581 by Miles

Relating to the service area of the Houston Community College System District.

To Subcommittee on Higher Education.

SB 2582 by Johnson, Paxton, Perry, Schwertner, Springer

Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

To Committee on Water, Agriculture, and Rural Affairs.

SCR 36 by Hughes

Designating Mineola as the official Sweets Capital of Texas for a 10-year period ending in 2033, replacing the city's previous designation as the City of Festivals.

To Committee on Administration.

SCR 38 by Kolkhorst

Designating April 6 as Texas High School Coaches Day for a 10-year period ending in 2033.

To Committee on Administration.

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

HB 300 to Committee on Finance.

HB 446 to Committee on Health and Human Services.

HB 590 to Committee on Water, Agriculture, and Rural Affairs.

HB 608 to Committee on Local Government.

Senator Hall submitted the following Motion In Writing:

Mr. President:

I move suspension of Senate Rule 5.14, the Intent Calendar rule, in order to move the Intent Calendar deadline to noon tomorrow.

HALL

The Motion In Writing was read and prevailed without objection.

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 in the Press Room, 2E.9.

On motion of Senator Nichols, Senator Parker will be shown as Co-author of SB 11.

On motion of Senator Perry, Senator Parker will be shown as Co-author of SB 28.

On motion of Senator Birdwell, Senator Parker will be shown as Co-author of SB 29.

On motion of Senator Campbell, Senator Springer will be shown as Co-author of SB 163.

On motion of Senator Springer, Senators Blanco and LaMantia will be shown as Co-authors of SB 349.

On motion of Senator Eckhardt, Senators Hall and Nichols will be shown as Co-authors of SB 361.

On motion of Senator Blanco, Senator Birdwell will be shown as Co-author of SB 617.

On motion of Senator Blanco, Senator Birdwell will be shown as Co-author of SB 1133.

On motion of Senator Parker, Senator Huffman will be shown as Co-author of SB 1388.

On motion of Senator Middleton, Senators Flores, King, Parker, and Springer will be shown as Co-authors of SB 1396.

On motion of Senator Sparks, Senator Flores will be shown as Co-author of SB 1585.

On motion of Senator Perry, Senator Flores will be shown as Co-author of SB 1960.

On motion of Senator Nichols, Senator Springer will be shown as Co-author of SB 1983.

On motion of Senator Johnson, Senator Campbell will be shown as Co-author of SB 2110.

On motion of Senator Johnson, Senator Campbell will be shown as Co-author of SB 2111.

On motion of Senator Hall, Senator Parker will be shown as Co-author of SB 2464.

On motion of Senator Eckhardt, Senator Campbell will be shown as Co-author of SCR 4.

On motion of Senator Zaffirini and by unanimous consent, the Senate at 12:54 p.m. agreed to recess, pending the receipt of committee reports, until 9:00 a.m. Monday, April 3, 2023, for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 2:00 p.m. Monday, April 3, 2023.

Pursuant to a previously adopted motion, the Senate at 8:59 a.m. Monday, April 3, 2023, recessed until 9:00 a.m. today.

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

STATE AFFAIRS — SB 1575, CSSJR 54, CSSB 23, CSSB 20, SB 2087, SB 1601, CSSB 21

CRIMINAL JUSTICE — SB 1527, SB 386, SB 1717

STATE AFFAIRS — CSSB 1649, CSSB 930, SB 1092, SB 1910, CSSB 12, SB 1373

FINANCE — SB 1243, SB 1013, SB 1509, SB 1244, SB 1444

TRANSPORTATION — CSSB 1741

STATE AFFAIRS — CSSB 500

EDUCATION — SB 1563, SB 1008, SB 798, SB 459, CSSB 16, CSSB 8

BUSINESS AND COMMERCE — CSSB 2013

CRIMINAL JUSTICE — CSSB 947, CSSB 129, CSSB 806

ADMINISTRATION — SB 281, SB 739, SCR 9, SCR 7, SCR 16, SCR 8, SB 464, SCR 22, SCR 31

BUSINESS AND COMMERCE — CSSB 821, CSSB 1112, CSSB 2011

STATE AFFAIRS — CSSB 1927

BUSINESS AND COMMERCE — CSSB 2014, CSSB 2010, CSSB 1002, CSSB 1287, CSSB 2015

STATE AFFAIRS — CSSB 1269

BUSINESS AND COMMERCE — SB 483, SB 1120, CSSB 1017, CSSB 1213, CSSB 1238

FINANCE — CSSB 1831, CSSB 1332, CSSB 1333, CSSB 1207

CRIMINAL JUSTICE — CSSB 991

TRANSPORTATION — CSSB 261, CSSB 540, CSSB 1418

BUSINESS AND COMMERCE — CSSB 1122

CRIMINAL JUSTICE — CSSB 1727

HEALTH AND HUMAN SERVICES — SB 956, SB 426, SB 1588

EDUCATION — CSSB 902, SB 133

SB 25, SB 796, SB 895, SB 936, SB 1045

SR 354, SR 368