SENATE JOURNAL
EIGHTY-EIGHTH LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

THIRTY-EIGHTH DAY
(Wednesday, April 19, 2023)

The Senate met at 8:22 p.m. pursuant to adjournment and was called to order by Senator Birdwell.

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 Presiding Officer announced that a quorum of the Senate was present.

Senator Campbell offered the invocation as follows:

Gracious heavenly Father, we lay out bills in the Senate and in the Legislature. I'm laying out a request to You. You give us the government, but help us remember that it's not about Republican or Democrat principles. It's about Your principles, kingdom principles. Heavenly Father, help us remember this, that You give us all an equal opportunity to choose You as our Lord and savior. And I pray that we do that in Jesus' name. 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.

SENATE BILLS ON FIRST READING

The following bills were introduced, read first time, and referred to the committees indicated:

SB 2558 by Middleton
Relating to the election, terms, and resignation of the board of commissioners of the Brazoria Drainage District No. 4.
To Committee on Local Government.

SB 2609 by Hughes
Relating to the creation of the Fannin Farms Municipal Utility District of Fannin County; 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.

HOUSE BILLS ON FIRST READING

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

HB 14 to Committee on Local Government.
HB 54 to Committee on Health and Human Services.
HB 149 to Committee on Local Government.
HB 260 to Committee on Local Government.
HB 266 to Committee on Jurisprudence.
HB 349 to Committee on Local Government.
HB 430 to Committee on Local Government.
HB 465 to Committee on Health and Human Services.
HB 473 to Committee on Education.
HB 540 to Committee on Business and Commerce.
HB 587 to Committee on Veteran Affairs.
HB 697 to Committee on Business and Commerce.
HB 785 to Committee on Jurisprudence.
HB 879 to Committee on Local Government.
HB 899 to Committee on Local Government.
HB 916 to Committee on Health and Human Services.
HB 1038 to Committee on Finance.
HB 1248 to Committee on Local Government.
HB 1287 to Committee on Health and Human Services.
HB 1323 to Subcommittee on Higher Education.
HB 1415 to Committee on Transportation.
HB 1472 to Committee on Local Government.
HB 1515 to Committee on Natural Resources and Economic Development.
HB 1526 to Committee on Natural Resources and Economic Development.
HB 1553 to Committee on Business and Commerce.
HB 1760 to Committee on State Affairs.
HB 1898 to Committee on Health and Human Services.
HB 1912 to Committee on Education.
HB 2354 to Committee on Local Government.
HB 2371 to Committee on Local Government.
HB 2384 to Committee on State Affairs.
HB 2489 to Committee on Natural Resources and Economic Development.
HB 2706 to Committee on Business and Commerce.
HB 3805 to Committee on Transportation.
HB 4065 to Committee on Health and Human Services.
HB 4422 to Committee on Border Security.

CONCLUSION OF MORNING CALL

The Presiding Officer at 8:26 p.m. announced the conclusion of morning call.

COMMITTEE  SUBSTITUTE
SENATE BILL 1938 ON THIRD READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSSB 1938 at this time on its third reading and final passage:

CSSB 1938, Relating to the failure of a voter registrar to comply with voter registration laws.

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 third time and was passed by the following vote:  Yeas 20, Nays 11. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE JOINT RESOLUTION 29 ON THIRD READING

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

CSSJR 29, Proposing a constitutional amendment establishing a parent's right to direct a child's education.

The motion prevailed by the following vote:  Yeas 21, Nays 10.

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

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

The resolution was read third time and was passed by the following vote:  Yeas 21, Nays 10. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 1807 ON THIRD READING

Senator Springer moved to suspend the regular order of business to take up for consideration CSSB 1807 at this time on its third reading and final passage:

CSSB 1807, Relating to the unlawful altering of election procedures; providing a civil penalty.

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)

(President in Chair)

COMMITTEE  SUBSTITUTE
SENATE BILL 220 ON THIRD READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSSB 220 at this time on its third reading and final passage:

CSSB 220, Relating to the enforcement of laws relating to elections.

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)

SENATE BILL 2275 ON THIRD READING

Senator Hughes moved to suspend the regular order of business to take up for consideration SB 2275 at this time on its third reading and final passage:

SB 2275, Relating to the authority of the Supreme Court of Texas to adopt certain rules.

The motion prevailed by the following vote:  Yeas 21, Nays 10.

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

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

The bill was read third time and was passed by the following vote:  Yeas 21, Nays 10. (Same as previous roll call)

COMMITTEE  SUBSTITUTE
SENATE BILL 17 ON THIRD READING

Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 17 at this time on its third reading and final passage:

CSSB 17, Relating to the powers and duties of the governing boards of public institutions of higher education.

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)

REMARKS ORDERED PRINTED

On motion of Senator West and by unanimous consent, the remarks regarding CSSB 17 were ordered reduced to writing and printed in the Senate Journal.

The remarks are printed in an addendum to this day's Journal.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 96, HCR 98.

SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)

Senator Hall submitted the following Motion In Writing:

Mr. President:

I move to suspend Senate Rule 11.13 to permit committees to meet during consideration of the Local and Uncontested Calendar.

HALL

The Motion In Writing was read and prevailed without objection.

SENATE RULES SUSPENDED
(Posting Rules)

On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Local Government might meet at 9:45 a.m. tomorrow 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 and consider SB 2142 at 9:00 a.m. tomorrow upon conclusion of the Local and Uncontested Calendar Session in the Senate Chamber.

RECESS AND MOTION TO RECESS

On motion of Senator Whitmire and by unanimous consent, the Senate at 10:02 p.m. agreed to recess until 9:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

The Senate further agreed to recess, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow.