THIRTY-SIXTH DAY
(Monday, April 17, 2023)
The Senate met at 11:04 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 Roath, Acton Baptist Church, Granbury, offered the invocation as follows:
Our Father in heaven, may Your name be glorified and exalted above the Earth and above man. Lord, give us the wisdom, understanding, and character we need to do what is right in Your eyes. I pray for these men and women who are tasked with doing good for us all. Lord, may You give them eyes to see and ears to hear. Lord, give them wisdom that leads to humility. Lord, make them humble so they may see the obvious truth. May they uphold the corporate good of the public and not their own gain. Lord, may You lead them to acknowledge the rights given us by our creator God and the opportunity You intended for each individual to pursue a good life. Lord, I know that You are here, and may we all be aware of Your presence and fear You. For Yours is the kingdom and power and the glory forever. I pray in the good name of Jesus Christ. 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.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, April 17, 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 providing property tax relief through the public school finance system and property tax appraisal and administration.
Relating to third-party review of plats and property development plans, permits, and similar documents, and the inspection of an improvement related to such a document.
Relating to the exemption from registration fees of certain vehicles used by nonprofit disaster relief organizations.
Relating to the confidentiality of certain home address information in ad valorem tax appraisal records.
Relating to the use of community health workers in Medicaid managed care.
Relating to the sale of park land owned by certain municipalities.
Relating to policies and procedures regarding certain public school students with disabilities.
Relating to notaries public; increasing the amount of certain fees.
Relating to the calculation of net to land in the appraisal of open-space land for ad valorem tax purposes.
Relating to the required filing and use of an affidavit containing the contact information of certain persons in a guardianship proceeding.
Relating to the prosecution and punishment of the offense of trafficking of persons.
Relating to the exemption of certain property from municipal drainage service charges.
Relating to the criteria and qualifications for distributions under the rural volunteer fire department assistance program.
Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.
Relating to a study on state land use to facilitate health and wellness for veterans.
Relating to analyzing and mitigating transportation security threats in this state.
Relating to discrimination on the basis of hair texture or protective hairstyle associated with race.
Relating to education and training for peace officers on interacting with persons with Alzheimer's disease and other dementias.
Relating to an exemption from the severance tax for gas produced from certain wells that is consumed on site and would otherwise have been lawfully vented or flared.
Relating to determining the student enrollment of a public school that allows non-enrolled students to participate in University Interscholastic League activities for purposes of assigning a University Interscholastic League classification.
Relating to the disposition by a public junior college library of certain library materials.
Relating to cemeteries in certain municipalities and counties.
Relating to the delegation of certain authority of a county judge or commissioners court in certain counties.
Relating to the delivery of certain notices or other communications in connection with guardianship proceedings.
Relating to prohibiting the suspension of a person's driver's license or extension of the period of a driver's license suspension for certain driving while license invalid convictions; authorizing a fee.
Relating to the composition of the Texas Maternal Mortality and Morbidity Review Committee.
Relating to the provision of property owners' association insurance by the FAIR Plan Association in certain areas.
Relating to the release of a reversionary interest in certain real property by the Health and Human Services Commission.
Relating to the authority of entities regulated by the Texas Department of Insurance to conduct business electronically.
Relating to construction of certain laws prohibiting discrimination, distinctions, inducements, rebates, and certain other conduct related to property and casualty insurance.
Relating to excused absences from public school for certain students to attend mental health care appointments.
Relating to the licensing of marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers, including certain out-of-state applicants.
Relating to certain contracts regarding airports operated by or on behalf of a local government.
Relating to the eligibility of social workers for the Homes for Texas Heroes home loan program.
Relating to construction standards for certain recreational vehicle parks and campgrounds.
Relating to the sale and purchase of certain fish.
Relating to the content of a public school campus improvement plan.
Relating to the applicability of certain municipal governmental requirements on an agricultural operation.
Relating to the authority to approve change orders for certain municipal contracts.
Relating to eligibility requirements under the owner-builder loan program.
Relating to the adoption of a mental health leave policy for certain telecommunicators.
Relating to juveniles committed to the Texas Juvenile Justice Department.
Relating to the continuation and functions of the Texas Economic Development and Tourism Office.
Relating to parkland dedication for multifamily, hotel, and motel property development by certain municipalities; authorizing a fee.
Relating to the continuation and functions of the Office of State-Federal Relations.
Relating to the definition of amusement ride for purposes of amusement ride regulation.
Relating to performance criteria for the award of adult education and literacy funds.
Relating to certain offenses regarding parking privileges of veterans with disabilities.
Relating to the right of an insured to enter into a contract with a public insurance adjuster.
Relating to the period for which a pesticide must be registered.
Relating to certain records of a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service.
Relating to a state employment preference for certain individuals who reside with veterans with a disability.
Relating to the establishment of the commercial oyster mariculture advisory board.
Relating to the licensing requirements for certain operators of wastewater systems and public water systems.
Relating to the designation of a portion of Farm-to-Market Road 521 in Brazoria County as the Clarence "BB" Sasser Medal of Honor Highway.
Relating to the filing of an annual audit report by a title insurance company, title insurance agent, or direct operation.
Relating to capital stock requirements for certain insurance companies.
Relating to the prosecution of the offense of forgery.
Relating to supplemental pay for members of the Texas military forces suffering an economic hardship as a result of serving on military duty.
Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.
Relating to mental health first aid training provided by local mental health authorities and local behavioral health authorities.
Relating to the designation of a portion of Business Interstate Highway 20-E in Ector County as the Mac Wilson and Rex Young Medal of Honor Highway.
Relating to the qualifications of statistical agents for the commissioner of insurance.
Relating to designating September 30 as Vanessa Guillén Day.
Relating to the selection and administration of an appraisal review board in certain counties; authorizing a fee.
Relating to the availability of dates of birth under the public information law.
Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a surviving spouse or surviving child.
Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.
Relating to memoranda of understanding between the Texas Water Development Board and other state agencies.
Relating to the safety of a referee, judge, or other official at certain public school extracurricular activities and prohibiting certain conduct by a spectator related to those officials' safety.
Relating to renaming the Texas Natural Resources Information System as the Texas Geographic Information Office and the duties of certain officers of that entity.
Relating to the regulation of manufactured homes.
Relating to cemeteries in certain municipalities.
Relating to the verification of the veteran status of inmates and prisoners.
Relating to the establishment of the TexMesonet Hydrometeorology Network and creation of the TexMesonet Advisory Committee.
Relating to the issuance of Antarctica Service Medal specialty license plates.
Relating to exempting certain contracts from procurement notice requirements.
Relating to the designation of a portion of State Highway 49 in Titus County as the Titus County WWI Veterans Memorial Highway.
Relating to the designation of a portion of Farm to Market Road 2348 in Titus County as the Army Staff Sergeant Clay Allen Craig Memorial Bridge.
Relating to consideration of the location of a bidder's principal place of business in certain municipality contracts.
Relating to the use of audiovisual technology during meetings by the Texas Water Development Board and the Water Conservation Advisory Council.
Relating to the composition and use of money in the flood infrastructure fund.
Relating to the renewal of certain expired certificates issued by the Texas Commission on Fire Protection; authorizing a fee.
Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of real property for ad valorem tax purposes and to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations.
Congratulating the Cavender family on its receipt of the 2023 Star of Texas Award from the Texas Historical Foundation.
Recognizing the 2023 Texas A&M University System policy interns.
Recognizing May 6-12, 2023, as Nurses Week in Texas.
SCR 32
Hinojosa
Sponsor: Guerra
|
Recognizing Lone Star National Bank on the occasion of its 40th anniversary.
SCR 37
Hughes
Sponsor: Hefner
|
Recognizing the 150th anniversary of the city of Mineola.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
MESSAGES FROM THE GOVERNOR
The following Messages from the Governor were read and were referred to the Committee on Nominations:
April 17, 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 University of Houston System Board of Regents for a term to expire August 31, 2023:
Gregory C. "Greg" King
San Antonio, Texas
(replacing Stephen I. "Steve" Chazen, Ph.D. of Bellaire who is deceased)
Respectfully submitted,
/s/Greg Abbott
Governor
April 14, 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 Facilities Commission for a term to expire January 31, 2029:
Eddy Betancourt
Mission, Texas
(Mr. Betancourt is being reappointed)
Respectfully submitted,
/s/Greg Abbott
Governor
April 14, 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 Racing Commission for a term to expire February 1, 2029:
Robert C. Pate
Corpus Christi, Texas
(Judge Pate is being reappointed)
Respectfully submitted,
/s/Greg Abbott
Governor
PHYSICIAN OF THE DAY
Senator King was recognized and presented Dr. Lesca Hadley of Cleburne as the Physician of the Day.
The Senate welcomed Dr. Hadley and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 420
Senator Paxton offered the following resolution:
SR 420, In memory of Carl E. F. Dally.
The resolution was read.
On motion of Senator Paxton, SR 420 was adopted by a rising vote of the Senate.
In honor of the memory of Carl E. F. Dally, the text of the resolution is printed at the end of today's Senate Journal.
Senator Paxton was recognized and introduced to the Senate family members of Carl E. F. Dally including his son, William Carl Dally; daughter-in-law, Cindy Laguna Dally; granddaughter, Laura Dally Stowe; great-granddaughter, Ella Frances Stowe; and Janey Noack.
The Senate welcomed its guests and extended its sympathy.
SENATE RESOLUTION 431
Senator Flores offered the following resolution:
WHEREAS, National Volunteer Week is taking place from April 16 to 22, 2023, and this occasion provides a welcome opportunity to recognize the many volunteer firefighters across the Lone Star State; and
WHEREAS, Volunteer firefighters serve in both rural and urban communities throughout the state, performing such duties as fire suppression, emergency medical aid and rescue, hazardous material response, and training and public education; these highly trained individuals are members of more than 1,000 fire departments, and they provide over 80 percent of the fire services in Texas; and
WHEREAS, In addition to offering vital emergency services, volunteer fire departments contribute to their communities by hosting open house events and building relationships with area residents; many volunteer firefighters also participate in a variety of service organizations; and
WHEREAS, These brave men and women give generously of their time and talents in order to protect the lives and property of their fellow citizens, and they are indeed deserving of special recognition; now, therefore, be it
RESOLVED, That the Senate of the 88th Texas Legislature hereby commend volunteer firefighters for their outstanding service and extend to them sincere gratitude and best wishes for the future.
FLORES
SPRINGER
SR 431 was read and was adopted without objection.
GUESTS PRESENTED
Senator Flores, joined by Senators Birdwell, Springer, Perry, and Kolkhorst, was recognized and introduced to the Senate the Devine Volunteer Fire and Rescue Department and the State Firefighters' & Fire Marshals' Association of Texas including Robert Pequeno III, Phyllis Martin, Anthony Bollman, Kenneth Kuykendall, Eugene Sanchez, Raquel Seaton, Scott DeLucia, Greg Atkinson, Chuck Richardson, Donny Boggs, Billy Tidwell, and Mark Wobus.
The Senate welcomed its guests.
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 11:48 a.m. announced the conclusion of morning call.
COMMITTEE SUBSTITUTE
SENATE BILL 1397 ON SECOND READING
On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1397 at this time on its second reading:
CSSB 1397, Relating to the continuation and functions of the Texas Commission on Environmental Quality.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 1397 ON THIRD READING
Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1397 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.
COMMITTEE SUBSTITUTE
SENATE BILL 1055 ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1055 at this time on its second reading:
CSSB 1055, Relating to the creation of a new university in Nacogdoches, Texas, within The University of Texas System and the allocation of the annual constitutional appropriation to certain agencies and institutions of higher education; abolishing Stephen F. Austin State University.
The bill was read second time.
Senator Nichols offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1055 (senate committee printing) as follows:
(1) In SECTION 2 of the bill, abolishing Stephen F. Austin State University, strike Subsection (a) (page 2, lines 33-37) and substitute the following:
(a) Stephen F. Austin State University is abolished on September 1, 2023, or on an alternate date the board of regents of The University of Texas System determines appropriate to achieve the maximum operating efficiency of the system. A designated alternate date must be entered into the minutes of the board.
(2) In SECTION 3 of the bill, establishing Stephen F. Austin State University, a member of The University of Texas System, and providing transition language, strike Subsection (h) (page 3, line 65, through page 4, line 13), substitute the following subsections, and reletter subsequent subsections accordingly:
(h) A person who is a participant or is eligible to participate in a group benefits insurance program of Stephen F. Austin State University under Chapter 1551, Insurance Code, or who would be eligible to participate at a future date as a retiree, on the date Stephen F. Austin State University is abolished, as authorized by this Act, is eligible to participate as an employee, current retiree, or vested former employee of Stephen F. Austin State University, a member of The University of Texas System, or as a dependent or surviving dependent, as if all benefits-eligible service credit had been earned in a benefits-eligible position at Stephen F. Austin State University, a member of The University of Texas System. A person who is eligible under this subsection for the uniform insurance benefits under Chapter 1601, Insurance Code, is not eligible to participate in a group benefits insurance program under Chapter 1551, Insurance Code.
(i) The Employees Retirement System of Texas, Stephen F. Austin State University, and The University of Texas System shall take all actions necessary to implement Subsection (h). For that purpose:
(1) the Employees Retirement System of Texas shall provide to The University of Texas System the information, including protected health information to the extent authorized by law, necessary for payment activities and plan operations, including health plan operations, of the uniform insurance benefits under Chapter 1601, Insurance Code; and
(2) Stephen F. Austin State University and The University of Texas System shall ensure that the Employees Retirement System of Texas receives full contributions for each month in which employees of Stephen F. Austin State University are covered by the group benefits insurance program under Chapter 1551, Insurance Code.
(j) An employee of Stephen F. Austin State University who is participating in the deferred compensation plan under Subchapter C, Chapter 609, Government Code, on the date the university is abolished, as authorized by this Act, is considered to have terminated employment on that date for purposes of the deferred compensation plan.
The amendment to CSSB 1055 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 1055 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 1055 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1055 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.
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1057 ON SECOND READING
Senator Whitmire moved to suspend the regular order of business to take up for consideration CSSB 1057 at this time on its second reading:
CSSB 1057, Relating to the authority of certain municipalities and local government corporations to use certain tax revenue for certain qualified projects.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hughes, Middleton, Springer.
The bill was read second time and was passed to engrossment by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1057 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 CSSB 1057 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hughes, Middleton, Springer.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
SENATE BILL 1158 ON SECOND READING
Senator Whitmire moved to suspend the regular order of business to take up for consideration SB 1158 at this time on its second reading:
SB 1158, Relating to single event classification for eligibility under the major events reimbursement program.
The motion prevailed.
Senators Hall, Hughes, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Hall, Hughes, Middleton.
SENATE BILL 1158 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 SB 1158 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Middleton.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2144 ON SECOND READING
On motion of Senator Parker and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2144 at this time on its second reading:
CSSB 2144, Relating to advanced air mobility technology.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 2144 ON THIRD READING
Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2144 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.
COMMITTEE SUBSTITUTE
SENATE BILL 1188 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1188 at this time on its second reading:
CSSB 1188, Relating to receivership of the Agua Special Utility District and requirements for candidates for the board of directors of the Agua Special Utility District.
The bill was read second time.
Senator Hinojosa offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1188 (senate committee report) in SECTION 3 of the bill as follows:
(1) In the recital (page 2, line 26), strike "Section 7201.059" and substitute "Sections 7201.059 and 7201.060".
(2) Immediately following added Section 7201.059, Special District Local Laws Code (page 2, between lines 40 and 41), insert the following:
Sec. 7201.060. AUTOMATIC RESIGNATION OF DIRECTOR ON CANDIDACY FOR OTHER ELECTIVE OFFICE. If a director announces the director's candidacy, or in fact becomes a candidate, in any general, special, or primary election for any elective office other than the office of director for the authority, that announcement or candidacy constitutes an automatic resignation of the office of the director.
The amendment to CSSB 1188 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 1188 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 1188 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1188 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.
SENATE BILL 1663 ON SECOND READING
Senator Alvarado moved to suspend the regular order of business to take up for consideration SB 1663 at this time on its second reading:
SB 1663, Relating to the authority of a municipality to alter speed limits.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hughes, Kolkhorst, Middleton, Paxton, Springer.
The bill was read second time and was passed to engrossment by the following vote: Yeas 23, Nays 8. (Same as previous roll call)
SENATE RESOLUTION 429
Senator Miles offered the following resolution:
SR 429, Recognizing April 17, 2023, as Red and White Day.
MILES
JOHNSON
WEST
WHITMIRE
The resolution was read and was adopted by a rising vote of the Senate.
GUESTS PRESENTED
Senator Miles, joined by Senators West, Whitmire, and Bettencourt, was recognized and introduced to the Senate a Delta Sigma Theta Sorority, Incorporated, delegation including National President Elsie Cooke-Holmes, Regional Director Crystal Barker, Texas/New Mexico State Coordinator Karen Dourseau, Texas/New Mexico State Facilitator Jade McGhee, Texas Social Action Coordinator Sharon Watkins Jones, Southwest Regional Social Action Special Projects Chair Jeri Brooks, Wanda Adams, and Teneshia Hudspeth.
The Senate welcomed its guests.
(Senator Birdwell in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 510 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 510 at this time on its second reading:
CSSB 510, Relating to the confidentiality of certain information maintained by state licensing agencies.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 510 (senate committee report) as follows:
(1) In SECTION 2 of the bill, strike added Section 552.11765(d), Government Code (page 2, lines 24 through 30), and substitute the following:
(d) For a license issued under Chapter 42, 43, 103, or 161, Human Resources Code, or Chapter 142, 242, 247, 248A, 250, or 252, Health and Safety Code, Subsection (b) does not prohibit the disclosure of:
(1) the last four digits of the social security number of a license holder in connection with a verification of employability or an employee misconduct registry search provided by the Health and Human Services Commission;
(2) a home address where activity regulated by the licensing authority occurs; or
(3) an e-mail address or phone number associated with activity regulated by the licensing authority.
(2) Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Subchapter D, Chapter 507, Occupations Code, is amended by adding Section 507.161 to read as follows:
Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE NUMBER. Except as provided by Section 507.160(d), the home address and telephone number of a license holder are confidential and not subject to disclosure under Chapter 552, Government Code.
The amendment to CSSB 510 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 510 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 510 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 510 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.
COMMITTEE SUBSTITUTE
SENATE BILL 1495 ON SECOND READING
On motion of Senator Johnson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1495 at this time on its second reading:
CSSB 1495, Relating to the confidentiality of certain information collected by certain local governments and airport governing boards at a parking facility.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 1495 ON THIRD READING
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 1495 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.
SENATE BILL 1663 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1663 be placed on its third reading and final passage:
SB 1663, Relating to the authority of a municipality to alter speed limits.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hughes, Kolkhorst, Middleton.
The bill was read third time and was passed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hughes, Kolkhorst, Middleton, Paxton, Springer.
COMMITTEE SUBSTITUTE
SENATE BILL 2429 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 2429 at this time on its second reading:
CSSB 2429, Relating to reporting procedures and training programs for law enforcement agencies regarding missing children and missing persons.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 2429 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 2429 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.
SENATE BILL 1083 ON SECOND READING
Senator King moved to suspend the regular order of business to take up for consideration SB 1083 at this time on its second reading:
SB 1083, Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy.
The motion prevailed.
Senator Perry asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Perry.
SENATE BILL 1083 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1083 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Perry.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2482 ON SECOND READING
On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2482 at this time on its second reading:
CSSB 2482, Relating to a survey of public schools regarding Holocaust Remembrance Week instruction.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 2482 ON THIRD READING
Senator Menéndez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2482 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.
COMMITTEE SUBSTITUTE
SENATE BILL 200 ON SECOND READING
Senator Eckhardt moved to suspend the regular order of business to take up for consideration CSSB 200 at this time on its second reading:
CSSB 200, Relating to the period for which an applicant for admission as an undergraduate student to a public institution of higher education is entitled to an academic fresh start.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Schwertner.
COMMITTEE SUBSTITUTE
SENATE BILL 200 ON THIRD READING
Senator Eckhardt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 200 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1204 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 1204 at this time on its second reading:
CSSB 1204, Relating to state and local government information technology and information security.
The bill was read second time.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1204 (senate committee printing) in SECTION 9 of the bill, in proposed Section 2054.1115(c), Government Code (page 4, lines 1 and 2), by striking "the three most commonly used peer-to-peer payment systems" and substituting "at least three commonly used peer-to-peer payment systems that provide for data privacy and financial security".
The amendment to CSSB 1204 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 1204 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 1204 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 1204 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
(Senator Bettencourt in Chair)
(President in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 1 ON SECOND READING
On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1 at this time on its second reading:
CSHB 1, General Appropriations Bill.
The bill was read second time.
Senator West offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 1 (senate committee report) in Article III of the bill, following the Special Provisions Relating Only to State Agencies of Higher Education (page III-281), by striking Rider 59.
The amendment to CSHB 1 was read.
On motion of Senator Huffman, Floor Amendment No. 1 was tabled 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.
CSHB 1 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 1 ON THIRD READING
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 CSHB 1 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 260 ON THIRD READING
Senator Kolkhorst moved to suspend the regular order of business to take up for consideration SB 260 at this time on its third reading and final passage:
SB 260, Relating to confirmation of a voter's residence by a voter registrar.
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)
(Senator Birdwell in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1060 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1060 at this time on its second reading:
CSSB 1060, Relating to the adoption of political shareholder proposals by insurers and insurer holding companies.
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)
COMMITTEE SUBSTITUTE
SENATE BILL 2018 ON SECOND READING
Senator Flores moved to suspend the regular order of business to take up for consideration CSSB 2018 at this time on its second reading:
CSSB 2018, Relating to prohibitions on camping in a public place.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Miles, West, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 23, Nays 8. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 177 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 177 at this time on its second reading:
CSSB 177, Relating to informed consent before provision of certain medical treatments and exemptions from COVID-19 vaccination requirements.
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)
COMMITTEE SUBSTITUTE
SENATE BILL 1599 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1599 at this time on its second reading:
CSSB 1599, Relating to ballots voted by mail.
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.
Senator Miles offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1599 (Senate committee report) as follows:
In SECTION 4 of the bill, in amended Section 86.008, Election Code (page 2, line 4), strike the word "second" and substitute the word "sixth"
The amendment to CSSB 1599 was read and was adopted by a viva voce vote.
All Members are deemed to have voted on the adoption of Floor Amendment No. 1.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 1599 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ___. Section 87.0222, Election Code, is amended to read as follows:
Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) Except as provided by Subsection (a-1), not later than the ninth day before election day [Notwithstanding Section 87.024, in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services], the jacket envelopes containing [the] early voting ballots voted by mail shall [may] be delivered to the board [between the end of the ninth day before the last day of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge of the board].
(a-1) Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots under Subsection (a) may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge.
(b) The early voting clerk shall post notice of each delivery of balloting materials under this section that is to be made before the time for opening the polls on election day. The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.
(c) At least 24 hours before each delivery made before the time for opening the polls on election day, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the delivery is to be made.
SECTION ___. Sections 87.0241(a) and (c), Election Code, are amended to read as follows:
(a) The early voting ballot board shall make its determination [may determine] whether to accept early voting ballots voted by mail in accordance with Section 87.041 [at any time] after the ballots are delivered to the board.
(c) The secretary of state shall prescribe any procedures necessary for implementing this section [in regard to elections described by Subsection (b)(2)].
The amendment to CSSB 1599 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 1599 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 1599 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 1599 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.
RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled resolutions in the presence of the Senate:
HCR 94, HCR 100.
SCR 32, SCR 37.
SENATE BILL 1575 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration SB 1575 at this time on its second reading:
SB 1575, Relating to the authority of a member of the State Board of Education to request an attorney general opinion.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.
The bill was read second time.
Senator Hinojosa offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 1575 (senate committee printing) in SECTION 1 of the bill, in proposed Section 402.042(b)(10), Government Code (page 1, line 38), by striking "a member" and substituting "the chair".
The amendment to SB 1575 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 1575 as amended was passed to engrossment by the following vote: Yeas 31, Nays 0.
SENATE BILL 1575 ON THIRD READING
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 SB 1575 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.
SENATE BILL 1600 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration SB 1600 at this time on its second reading:
SB 1600, Relating to a person submitting proof of citizenship to verify eligibility to vote in Texas.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, 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)
COMMITTEE SUBSTITUTE
SENATE BILL 1403 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration CSSB 1403 at this time on its second reading:
CSSB 1403, Relating to an interstate compact for border security, including building a border wall and sharing state intelligence and resources.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Menéndez, West, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1403 ON THIRD READING
Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1403 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Menéndez, West, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1852 ON SECOND READING
On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1852 at this time on its second reading:
CSSB 1852, Relating to active shooter training for peace officers.
The bill was read second time.
Senator Gutierrez offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1852 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.02098 to read as follows:
Sec. 411.02098. TRAINING ON INTERAGENCY COORDINATION IN RESPONSE TO MASS SHOOTING EVENT. (a) The department shall, in consultation with the Texas Commission on Law Enforcement, develop and provide a training program on interagency coordination in response to a mass shooting event at a school. The training program must include instruction on best practices with respect to the following topics:
(1) command and control procedures;
(2) protection of the school's students;
(3) emergency medical practices that minimize casualties from injuries caused by firearms; and
(4) tactics for denying an intruder on the school's premises entry into a classroom and other school facilities.
(b) The department shall require, as applicable, appropriate law enforcement personnel at each school district police department and each local law enforcement agency that provides school resource officers to a school district under Section 37.081, Education Code, to annually complete the training program developed under Subsection (a).
SECTION ____. As soon as practicable after the effective date of this Act, the Department of Public Safety shall develop the training program required by Section 411.02098, Government Code, as added by this Act.
The amendment to CSSB 1852 was read and failed of adoption by the following vote: Yeas 12, Nays 19.
Yeas: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
CSSB 1852 was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 1852 ON THIRD READING
Senator Flores moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1852 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.
COMMITTEE SUBSTITUTE
SENATE BILL 1518 ON SECOND READING
Senator King moved to suspend the regular order of business to take up for consideration CSSB 1518 at this time on its second reading:
CSSB 1518, Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
The motion prevailed.
Senators Eckhardt, LaMantia, and West asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Eckhardt, LaMantia, West.
COMMITTEE SUBSTITUTE
SENATE BILL 1518 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1518 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.
Nays: Eckhardt, LaMantia, West.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
SENATE BILL 1484 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration SB 1484 at this time on its second reading:
SB 1484, Relating to a border operations training program for peace officers employed by local law enforcement agencies.
The motion prevailed.
Senator Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Eckhardt.
SENATE BILL 1484 ON THIRD READING
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 SB 1484 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Eckhardt.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 49 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 49 at this time on its second reading:
CSSB 49, Relating to crime victims' compensation.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 49 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 CSSB 49 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.
SENATE BILL 1709 ON SECOND READING
On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1709 at this time on its second reading:
SB 1709, Relating to the prosecution of the offenses of sedition and engaging in organized criminal activity; increasing criminal penalties.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 1709 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1709 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.
SENATE BILL 1140 ON SECOND READING
On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1140 at this time on its second reading:
SB 1140, Relating to the adequacy and effectiveness of managed care plan networks.
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.
SENATE BILL 1140 ON THIRD READING
Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1140 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.
COMMITTEE SUBSTITUTE
SENATE BILL 506 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 506 at this time on its second reading:
CSSB 506, Relating to information required to be reported biennially to the legislature by state agencies that administer state taxes or fees.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 506 (senate committee printing) in SECTION 1 of the substitute, in added Section 2117.001, Government Code (page 1, line 40), by adding the following immediately after the underlined period:
The term does not include a university system or an institution of higher education as defined by Section 61.003, Education Code.
The amendment to CSSB 506 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.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 506 (senate committee printing) in SECTION 1 of the substitute, in added Section 2117.003, Government Code, as follows:
(1) Strike added Sections 2117.003(1) and (2), Government Code (page 1, lines 51 through 56), and substitute the following:
(1) audit activities listed by each type of tax administered by the agency, including total assessments, emerging audit issues, and common audit errors;
(2) In added Section 2117.003(3), Government Code (page 1, line 57), strike "(3)" and substitute "(2)".
(3) In added Section 2117.003(4), Government Code (page 2, line 1), strike "(4)" and substitute "(3)".
(4) In added Section 2117.003(5), Government Code (page 2, line 4), strike "(5)" and substitute "(4)".
(5) In added Section 2117.003(6), Government Code (page 2, line 10), strike "(6)" and substitute "(5)".
(6) In added Section 2117.003(7), Government Code (page 2, line 13), strike "(7)" and substitute "(6)".
The amendment to CSSB 506 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 506 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 506 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 506 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.
COMMITTEE SUBSTITUTE
SENATE BILL 357 ON SECOND READING
On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 357 at this time on its second reading:
CSSB 357, Relating to the employment of honorably retired peace officers as school district security personnel and the applicability to those officers of certain law governing private security.
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.
COMMITTEE SUBSTITUTE
SENATE BILL 357 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 357 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.
SENATE CONCURRENT RESOLUTION 2
ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration SCR 2 at this time on its second reading:
SCR 2, Extending the duty of the comptroller of public accounts under Section 7-c, Article VIII, Texas Constitution, to deposit certain tax revenue to the state highway fund.
The resolution was read second time and was adopted by the following vote: Yeas 31, Nays 0.
SENATE BILL 1668 REREFERRED
(Motion In Writing)
Senator Hughes submitted a Motion In Writing requesting that SB 1668 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Jurisprudence.
The Motion In Writing was read and prevailed without objection.
SENATE RULE 7.07(b) SUSPENDED
(Permission to Introduce)
(Motion In Writing)
Senators Hinojosa 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 2607 by Hinojosa, Relating to the use of tax collections in determining certain state and local responsibilities for school funding.
SCR 44 by Kolkhorst, Granting Aransas County permission to sue Regional Pool Alliance and waiving Regional Pool Alliance's governmental immunity with respect to claims by Aransas County for and in connection with covered losses sustained from Hurricane Harvey.
The Motion In Writing was read and prevailed without objection.
SENATE BILLS AND RESOLUTION ON FIRST READING
The following bills and resolution were introduced, read first time, and referred to the committees indicated:
SB 2579 by Zaffirini
Relating to the creation of the Guadalupe County Municipal Utility District No. 8; 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 2607 by Hinojosa
Relating to the use of tax collections in determining certain state and local responsibilities for school funding.
To Committee on Education.
SCR 44 by Kolkhorst
Granting Aransas County permission to sue Regional Pool Alliance and waiving Regional Pool Alliance's governmental immunity with respect to claims by Aransas County for and in connection with covered losses sustained from Hurricane Harvey.
To Committee on State Affairs.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Creighton and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee on Higher Education might meet upon adjournment in the Betty King Committee Room, 2E.20.
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 upon adjournment today in the Press Room, 2E.09.
CO-AUTHORS OF SENATE BILL 49
On motion of Senator Zaffirini, Senators Eckhardt and West will be shown as Co-authors of SB 49.
CO-AUTHOR OF SENATE BILL 114
On motion of Senator Menéndez, Senator Zaffirini will be shown as Co-author of SB 114.
CO-AUTHOR OF SENATE BILL 177
On motion of Senator Middleton, Senator Kolkhorst will be shown as Co-author of SB 177.
CO-AUTHOR OF SENATE BILL 200
On motion of Senator Eckhardt, Senator West will be shown as Co-author of SB 200.
CO-AUTHOR OF SENATE BILL 357
On motion of Senator Hall, Senator Hinojosa will be shown as Co-author of SB 357.
CO-AUTHORS OF SENATE BILL 506
On motion of Senator Perry, Senators Kolkhorst and West will be shown as Co-authors of SB 506.
CO-AUTHOR OF SENATE BILL 510
On motion of Senator Perry, Senator West will be shown as Co-author of SB 510.
CO-AUTHOR OF SENATE BILL 777
On motion of Senator Hancock, Senator Blanco will be shown as Co-author of SB 777.
CO-AUTHOR OF SENATE BILL 785
On motion of Senator Birdwell, Senator Flores will be shown as Co-author of SB 785.
CO-AUTHOR OF SENATE BILL 805
On motion of Senator Bettencourt, Senator West will be shown as Co-author of SB 805.
CO-AUTHOR OF SENATE BILL 943
On motion of Senator Kolkhorst, Senator Zaffirini will be shown as Co-author of SB 943.
CO-AUTHORS OF SENATE BILL 1029
On motion of Senator Hall, Senators Bettencourt and Campbell will be shown as Co-authors of SB 1029.
CO-AUTHOR OF SENATE BILL 1060
On motion of Senator Hughes, Senator Kolkhorst will be shown as Co-author of SB 1060.
CO-AUTHORS OF SENATE BILL 1083
On motion of Senator King, Senators Hughes and Zaffirini will be shown as Co-authors of SB 1083.
CO-AUTHOR OF SENATE BILL 1204
On motion of Senator Paxton, Senator Zaffirini will be shown as Co-author of SB 1204.
CO-AUTHOR OF SENATE BILL 1278
On motion of Senator Bettencourt, Senator West will be shown as Co-author of SB 1278.
CO-AUTHORS OF SENATE BILL 1442
On motion of Senator Springer, Senators Paxton and West will be shown as Co-authors of SB 1442.
CO-AUTHOR OF SENATE BILL 1495
On motion of Senator Johnson, Senator West will be shown as Co-author of SB 1495.
CO-AUTHOR OF SENATE BILL 1565
On motion of Senator Hughes, Senator Springer will be shown as Co-author of SB 1565.
CO-AUTHOR OF SENATE BILL 1585
On motion of Senator Sparks, Senator Miles will be shown as Co-author of SB 1585.
CO-AUTHOR OF SENATE BILL 1595
On motion of Senator Hancock, Senator Miles will be shown as Co-author of SB 1595.
CO-AUTHOR OF SENATE BILL 1599
On motion of Senator Hughes, Senator Parker will be shown as Co-author of SB 1599.
CO-AUTHORS OF SENATE BILL 1663
On motion of Senator Alvarado, Senators West and Zaffirini will be shown as Co-authors of SB 1663.
CO-AUTHOR OF SENATE BILL 1725
On motion of Senator Hughes, Senator Miles will be shown as Co-author of SB 1725.
CO-AUTHOR OF SENATE BILL 1872
On motion of Senator Schwertner, Senator Zaffirini will be shown as Co-author of SB 1872.
CO-AUTHOR OF SENATE BILL 1938
On motion of Senator Bettencourt, Senator Kolkhorst will be shown as Co-author of SB 1938.
CO-AUTHOR OF SENATE BILL 2021
On motion of Senator Paxton, Senator Middleton will be shown as Co-author of SB 2021.
CO-AUTHOR OF SENATE BILL 2072
On motion of Senator Bettencourt, Senator Kolkhorst will be shown as Co-author of SB 2072.
CO-AUTHOR OF SENATE BILL 2371
On motion of Senator Campbell, Senator Middleton will be shown as Co-author of SB 2371.
CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 2
On motion of Senator Nichols, Senator Bettencourt will be shown as Co-author of SCR 2.
CO-AUTHOR OF SENATE JOINT RESOLUTION 70
On motion of Senator Hughes, Senator Middleton will be shown as Co-author of SJR 70.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SR 421 by Gutierrez, In memory of Carlos Garcia.
SR 424 by Blanco, In memory of Willie Cager.
SR 426 by Kolkhorst, In memory of Leopoldo Jesus Villa.
SR 427 by Kolkhorst, In memory of Robert Charles Dominguez.
Congratulatory Resolutions
SR 422 by Blanco, Recognizing Kristi Daugherty for her selection as one of El Paso Inc.'s 2022 Women of Impact.
SR 425 by Kolkhorst, Recognizing Salvatore Zaccagnino on the occasion of his 85th birthday.
SR 428 by Parker, Recognizing Arielle Ash for leading the Super Bowl's first all-female piloted flyover.
HCR 96 (Hughes), Congratulating the Cavender family on its receipt of the 2023 Star of Texas Award from the Texas Historical Foundation.
HCR 98 (Flores), Recognizing the 2023 Texas A&M University System policy interns.
Official Designation Resolution
SR 423 by Blanco, Recognizing April 22, 2023, as Blackwell School Day.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 4:55 p.m. adjourned, in memory of Carl E. F. Dally, until 11:00 a.m. tomorrow.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
April 17, 2023
STATE AFFAIRS — CSSB 2433
HEALTH AND HUMAN SERVICES — SB 1698
WATER, AGRICULTURE, AND RURAL AFFAIRS — SB 1091, SB 1670, CSSB 1290
CRIMINAL JUSTICE — CSSB 876
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 2057, CSSB 543, CSSB 1809, CSSB 2196
HEALTH AND HUMAN SERVICES — CSSB 820, CSSB 265, SB 1469, SB 1343, SB 189, SB 186, SB 161, CSSB 861
CRIMINAL JUSTICE — SB 385
LOCAL GOVERNMENT — SB 2566
WATER, AGRICULTURE, AND RURAL AFFAIRS — CSSB 638, CSSB 1839, CSSB 2406
LOCAL GOVERNMENT — CSSB 1181, CSSB 1226, CSSB 572
FINANCE — CSSB 1000
LOCAL GOVERNMENT — CSSB 1124, SB 1252, SB 1923, SB 1998, SB 1814, SB 2053, SB 1803, SB 539
EDUCATION — CSSB 2158, SB 1515, CSSB 2565, CSSB 763, CSSB 1630, CSSB 999, CSSB 2139, CSSB 2123, SB 2372, SB 695, SB 55, SB 567, SB 1758, SB 1720
FINANCE — CSSB 267
WATER, AGRICULTURE, AND RURAL AFFAIRS — CSSB 2379
HEALTH AND HUMAN SERVICES — CSSB 135, CSSB 187
EDUCATION — CSSB 2032, CSSB 11
STATE AFFAIRS — CSSB 1446, SB 1029, SB 1131, SB 1044, SB 1617
HEALTH AND HUMAN SERVICES — CSSB 622, CSSB 188, CSSB 1629, CSSB 2381, CSSB 1024
BUSINESS AND COMMERCE — SB 2493, SB 2233
FINANCE — CSSJR 56
BUSINESS AND COMMERCE — SB 2232
CRIMINAL JUSTICE — CSSB 1970
BUSINESS AND COMMERCE — SB 2269, SB 1219, SB 958, SB 1646, SB 1645, SB 1644, SB 1431
CRIMINAL JUSTICE — CSSB 1841, CSSB 338, CSSB 2101
BUSINESS AND COMMERCE — SB 1170
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — SB 1520, CSSB 1340
BUSINESS AND COMMERCE — CSSB 1607, CSSB 1404
WATER, AGRICULTURE, AND RURAL AFFAIRS — SB 1047
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 627
BUSINESS AND COMMERCE — CSSB 1732
WATER, AGRICULTURE, AND RURAL AFFAIRS — SB 2052, SB 1778, SB 2586
HEALTH AND HUMAN SERVICES — CSSB 1031
BILLS ENGROSSED
April 17, 2023
SB 49, SB 200, SB 260, SB 357, SB 506, SB 510, SB 1055, SB 1057, SB 1083, SB 1140, SB 1158, SB 1188, SB 1204, SB 1397, SB 1403, SB 1484, SB 1495, SB 1518, SB 1575, SB 1599, SB 1663, SB 1709, SB 1852, SB 2144, SB 2429, SB 2482
RESOLUTIONS ENROLLED
April 17, 2023
SCR 32, SCR 37, SR 420, SR 421, SR 422, SR 423, SR 424, SR 425, SR 426, SR 427, SR 428, SR 429, SR 431
In Memory
of
Carl E. F. Dally
Senate Resolution 420
WHEREAS, The passing of Judge Carl E. F. Dally on October 19, 2022, at the age of 98, brought a profound loss to his family, friends, and colleagues; and
WHEREAS, Born to Emsley and Ethel Dally on January 22, 1924, Carl Dally grew up in rural Merino, Colorado, with three younger siblings, Robert, Louise, and Bernice; he attended Colorado A&M, Michigan State University, and the University of Denver, where he earned his bachelor's degree in economics and a law degree; coming of age during World War II, he served in the European Theater from 1942 to 1945 as a sergeant in the U.S. Army Air Corps 57th Bomb Wing; he returned to military service as a captain in the U.S. Air Force during the Korean War; and
WHEREAS, While stationed at Bryan Air Force Base, Judge Dally met a native Texan, the former Edith Carr, and fell in love; they married in 1952, and the following year they were blessed with a son, William "Bill" Carl Dally, born on his mother's birthday, February 9; guided by the motto "happy wife, happy life," Judge Dally settled permanently in Texas, yet he made it a point to visit his family in Colorado every year; and
WHEREAS, Judge Dally began his career in Houston as an assistant district attorney for Harris County; later, he became a partner at Briscoe, Dally, & Shaffer, and he also lectured in criminal law at South Texas College of Law; in 1971, he was appointed a commissioner of the Texas Court of Criminal Appeals; when Texas voters approved a constitutional amendment in 1977 to increase the Texas Court of Criminal Appeals from five to nine judges, he was one of two commissioners who automatically became a judge, and he served from 1978 to 1983; he took pride in his service to the public, and his colleagues knew him for his integrity, work ethic, and dedication to the rule of law; and
WHEREAS, From 1983 to 1993, Judge Dally served his fellow Texans as the assistant state prosecuting attorney in the Office of the State Prosecuting Attorney; he was also a visiting judge on the Third Court of Appeals and wrote opinions and served as a mentor until well into his 80s; and
WHEREAS, Christ was always at the center of his heart, and Judge Dally enjoyed being a Sunday school teacher at Second Baptist Church of Houston, a deacon at Hyde Park Baptist Church, and a member of Austin Baptist Church; and
WHEREAS, Judge Dally's last and favorite job was being a devoted and doting grandpa to his granddaughter, Laura, who had hoped to introduce him to his great-granddaughter, Ella, who was born less than a month after his passing; and
WHEREAS, Carl Dally made a lasting, positive difference through his professional and civic contributions and devotion to his family, and although he is deeply missed by those he left behind, he will forever hold a special place in their hearts; now, therefore, be it
RESOLVED, That the Senate of the 88th Texas Legislature hereby pay tribute to the life of the Honorable Carl E. F. Dally and extend sincere condolences to the members of his family: to his son, William Carl Dally, and daughter-in-law, Cindy Laguna Dally; to his granddaughter, Laura Dally Stowe, and her husband, Nathan Jay Stowe; to his great-granddaughter, Ella Frances Stowe; and to all others who mourn his passing; and, be it further
RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas Senate adjourns this day, it do so in memory of Judge Carl Dally.
PAXTON