FORTY-SIXTH DAY
(Wednesday, May 3, 2023)
The Senate met at 11:06 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present: Alvarado, Bettencourt, Birdwell, Blanco, 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 announced that a quorum of the Senate was present.
Pastor Dustin L. Slaton, First Baptist Church, Round Rock, offered the invocation as follows:
Our heavenly Father, thank You for the men and women in this room and for the service they provide to the great State of Texas. Leadership in all arenas is a stewardship. It is a unique opportunity given by You, the creator and sustainer of the universe, to exercise responsible, humble authority over a given place and people for a period of time. And in that time, these leaders have the opportunity to make decisions that will make our state better for those alive today and those who will come after us. I ask You to empower them to make the right decisions. As these men and women make decisions that will impact the 30 million citizens of our state, I pray that they will make those decisions that are morally just. Help them to make decisions that respect the dignity of every human You created. And help them to make decisions which respect the authority of Your holy word, which provides the foundational principles for the laws of our society. I also want to pray for each of these men and women's families. The service these Senators provide to their constituents in public affects their families in private. And truly, those families are making their own kind of sacrifice as their loved ones serve. I ask that You will let them see the blessings of that sacrifice and that You will sustain their relationships as they endure the strain of spending weeks apart. Finally, Lord, I pray that these men and women will live their lives in such a way that they will experience the joy of Your approval. And I hope they will experience the goodness of God in a very personal way, and that one day they will be able to stand before You and hear, Well done, my good and faithful servant. I pray all this in the 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
Wednesday, May 3, 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 the creation of a specialty trial court to hear certain cases; authorizing fees.
Relating to the authorization by referendum of an optional county fee on vehicle registration in certain counties.
Relating to the Texas Medical Disclosure Panel.
HB 247
Thompson, Senfronia
|
Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.
Relating to the definition of a commercial fleet.
Relating to the annual base salary from the state of a district judge.
Relating to the sequestration of a jury in a criminal case.
Relating to certain policies and procedures for health care specialty consultations in certain child abuse or neglect investigations and assessments.
Relating to the release of certain defendants detained in jail pending trial.
Relating to creating a temporary educator certification for certain military service members.
Relating to the licensing and regulation of music therapists; requiring an occupational license; authorizing fees.
Relating to the issuance of certain tags, permits, and license plates authorizing the movement of vehicles.
Relating to a campus of the Texas State Technical College System located in Ellis County.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to Medicaid reimbursement for certain medication-assisted treatments for opioid or substance use disorder.
Relating to the allocation of certain constitutional transfers of money to the economic stabilization fund, the state highway fund, and the Grow Texas fund and to the permissible uses of money deposited to the Grow Texas fund.
Relating to the statute of limitations for the offense of abandoning or endangering a child.
Relating to the use of body worn cameras by correctional officers.
Relating to the limitation of liability of a financial institution acquiring a trustee financial institution.
Relating to the review date for certain governmental entities subject to the sunset review process.
Relating to standardized training for election officers.
Relating to requirements for beneficial tax treatment related to a leasehold or other possessory interest in a public facility used to provide multifamily housing.
Relating to the eligibility for custodial officer service in the Employees Retirement System of Texas of juvenile justice officers employed by the Texas Juvenile Justice Department.
Relating to the Occupational Therapy Licensure Compact; authorizing fees.
Relating to notice provided to a court regarding a defendant confined in a state jail felony facility.
Relating to rural development funds and insurance tax credits for certain investments in those funds; authorizing fees.
Relating to vicarious liability of a transportation network company for acts of a driver using the company's digital network.
Relating to the consequences of a criminal conviction on a person's eligibility for an occupational license.
Relating to the validity of a contract for which a disclosure of interested parties is required.
Relating to authorizing the payment to employees of the Texas Department of Criminal Justice for vacation leave.
Relating to the Rita Littlefield Chronic Kidney Disease Centralized Resource Center established within the Health and Human Services Commission.
Relating to the administration of assessment instruments to public school students on religious holy days.
Relating to persons authorized to conduct a marriage ceremony.
Relating to the operation of a hospital at home program by certain hospitals; authorizing a fee.
Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
Relating to compensatory time accrued by an employee of the Texas Department of Criminal Justice.
Relating to the Rural Veterinarian Incentive Program.
Relating to the recovery of fuel and purchased power costs by electric utilities.
Relating to the regulation of the practice of pharmacy.
Relating to regulation of massage therapists and massage establishments by political subdivisions.
Relating to toll collections by a toll project entity.
Relating to the allocation of certain constitutional transfers of money to the economic stabilization fund, the state highway fund, the oil and gas regulation and cleanup account, the Texas emissions reduction plan fund, the property tax relief fund, and the Texas severance tax revenue and oil and natural gas (Texas STRONG) defense fund and to the permissible uses of money deposited to the Texas severance tax revenue and oil and natural gas (Texas STRONG) defense fund.
Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
Relating to an exemption from the plumbing licensing law for certain work performed on certain private property.
Relating to certain practices of a health maintenance organization or insurer to encourage the use of certain physicians and health care providers.
Relating to the Licensed Professional Counselors Compact; authorizing fees.
Relating to a study of carrizo cane on the international border of this state.
Relating to required training and continuing education requirements for persons who provide medical care or other support to survivors of sexual assault.
Relating to the eligibility for student loan repayment assistance under the math and science scholars loan repayment program.
Relating to requirements for the use and transfer of electronic devices to students by a public school.
Relating to the use of dyed diesel fuel to operate a motor vehicle during and for a limited period following certain disasters.
Relating to prosecution of certain criminal offenses prohibiting sexually explicit visual material involving children.
Relating to teacher requirements for high quality prekindergarten programs.
Relating to the relocation, adjustment, and ownership of commercial signs.
Relating to the finality of public school accountability determinations.
Relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.
Relating to a liquidity stress test for certain insurance companies.
Relating to the composition of the board of directors of the Texas Agricultural Finance Authority and grant amounts under the young farmer grant program administered by the authority.
Relating to the procedures for transferring certain cases and proceedings between courts.
Relating to the prosecution of the offense of theft of service.
Relating to ensuring certain adoptive parents may consent to medical care and access information regarding their child who is eligible for benefits under Medicaid.
Relating to providing children committed to the Texas Juvenile Justice Department with certain documents on discharge or release.
Relating to the establishment, administration, and use of the Texas land and water conservation fund.
Relating to the authority of certain counties to impose a county hotel occupancy tax.
Relating to a school district's grievance procedure regarding complaints concerning violation of parental rights.
Relating to measures to prevent and respond to opioid-related drug overdoses, including policies and training regarding the use of opioid antagonists, at student residences on campuses of public institutions of higher education; providing immunity.
Relating to the slaughtering of livestock.
Relating to the transportation of horse meat.
Relating to the continuation and operation of certain health care provider participation programs in this state.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Relating to county and municipal authority to impose certain value-based fees and require disclosure of certain information related to subdivision construction.
Relating to the requirement that certain persons taking oysters on a licensed commercial oyster boat obtain a commercial fisherman's license.
Relating to the criteria for media production development zone recognition.
Relating to the contents of the personal financial statement filed by public officers and candidates.
Relating to the establishment of the Future Texas Teachers Scholarship Program for certain students at public institutions of higher education.
Relating to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator in public schools.
Relating to the suspension of a money judgment pending appeal in a civil action.
Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.
Relating to the creation and operations of certain health care provider participation programs.
Relating to the installation and use of tracking equipment and access to certain communications by certain peace officers.
Relating to the Texas Pharmaceutical Initiative; authorizing fees.
Relating to the classification of a grievance filed with the State Bar of Texas.
Relating to the organization and operation of the legislative branch of state government.
Designating Winnie as the official Rice Capital of Texas for a 10-year period ending in 2033.
Designating the first week of November as Municipal Courts Week for a 10-year period beginning in 2023.
Designating December 8 as Special Hearts Day for a 10-year period ending in 2033.
HJR 11
Thompson, Senfronia
|
Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to terminate the sentence of a person who has successfully served the required number of years on parole.
Proposing a constitutional amendment prohibiting the imposition of an individual net worth or wealth tax.
SB 664
Perry
Sponsor: Buckley
|
Relating to the labeling of analogue and cell-cultured products.
SB 729
Huffman
Sponsor: Bonnen
|
Relating to the cash balance benefit under the Employees Retirement System of Texas.
(Amended)
SB 1004
Huffman
Sponsor: Herrero
|
Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.
SB 1115
Hancock
Sponsor: Patterson
|
Relating to the titling, registration, and operation of an autocycle.
SB 1207
Menéndez
Sponsor: Allison
|
Relating to the retirement system in certain municipalities for firefighters and police officers.
SB 1238
Nichols
Sponsor: Ashby
|
Relating to broadband development.
(Committee Substitute/Amended)
SB 1372
Perry
Sponsor: Ashby
|
Relating to costs associated with the destruction of certain deer.
SB 1730
Zaffirini
Sponsor: Cole
|
Relating to the processing of United States passport applications by a district court clerk; authorizing fees.
SB 1859
Hancock
Sponsor: Raymond
|
Relating to benefits and services for veterans and certain other related benefits.
SB 2232
LaMantia
Sponsor: Perez
|
Relating to requirements for insurance agents offering windstorm and hail insurance policies issued by the Texas Windstorm Insurance Association.
SB 2233
LaMantia
Sponsor: Perez
|
Relating to automatic renewal of certain policies issued by the Texas Windstorm Insurance Association.
SB 2284
Middleton
Sponsor: Harris, Cody
|
Relating to the sale of distilled spirits to ultimate consumers by the holder of a distiller's and rectifier's permit.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 3, 2023 - 2
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
Relating to child water safety requirements for certain organizations; authorizing disciplinary action, including an administrative penalty.
Relating to privileged parking and the issuance of specialty license plates for certain classroom teachers and retired classroom teachers; imposing a fee.
Relating to the confidentiality of certain information held by the Texas Education Agency.
Relating to safety requirements for amusement ride operators.
Relating to the issuance of Central Catholic High School specialty license plates.
Relating to prohibiting certain limitations on the operation of certain organizations that benefit veterans during a declared state of disaster.
Relating to copayments required by a health maintenance organization or preferred provider benefit plan for visiting physical therapists.
Relating to prior authorization for prescription drug benefits related to the treatment of autoimmune diseases and certain blood disorders.
Relating to the purchase of a United States flag or Texas flag by a governmental agency.
Relating to coverage of additional living expenses under a residential property insurance policy.
Relating to prohibiting housing discrimination by a property owners' association against a residential tenant based on the tenant's method of payment.
Relating to a public awareness campaign to promote the proper attachment of trailers to certain motor vehicles.
Relating to the inclusion of certain information regarding trailers in vehicle accident reports.
Relating to repayment of certain mental health professional education loans.
Relating to the acknowledgment of rejection of residential property insurance coverage of cosmetic damage to a metal roof.
Relating to a grant program for public improvement projects for unincorporated communities in certain counties.
Relating to the designation of liaison officers to assist certain students at public institutions of higher education who are parents.
Relating to the expiration of a protective order when the subject of the protective order is confined or imprisoned.
Relating to the prosecution of the offense of harassment.
Relating to a health literacy plan developed by the statewide health coordinating council and the inclusion of health literacy in the state health plan.
Relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.
Relating to water quality protection areas.
Relating to the redaction of certain information from a document posted on the Internet by a county clerk or district clerk on request of a person to whom the information relates or the judicial security division of the Office of Court Administration of the Texas Judicial System.
Relating to the issuance of private activity bonds for qualified residential rental projects.
Relating to the qualifications for serving as a member of the board of directors of a municipal utility district.
Relating to an exception to certain reporting requirements for health care providers reviewing information on maternal mortality and morbidity for the Texas Maternal Mortality and Morbidity Review Committee.
Relating to the creation and use of the electricity supply chain map.
Relating to nonrenewal of certain private passenger automobile insurance policies for the insured's failure to cooperate in a third-party liability claim or action.
Relating to the financial crimes intelligence center.
Relating to eligibility for tuition and fee exemptions at public institutions of higher education for certain students who were under the conservatorship of the Department of Family and Protective Services.
Relating to the adoption of physical fitness programs and standards for law enforcement officers employed by the office of the attorney general.
Relating to establishing a digital course materials pilot program.
Relating to the authority of certain independent school districts to change the terms for members of the districts' board of trustees.
Relating to the applicability of premium and maintenance taxes to the Texas Windstorm Insurance Association.
Relating to certificates of public convenience and necessity issued to certain retail public utilities.
Relating to designating June 28 as Special Forces Day.
Relating to the issuance of specialty license plates for veterans with disabilities and recipients of the Texas Humanitarian Service Medal and federal Humanitarian Service Medal.
Relating to the disbursement of money by a levee improvement district.
Relating to the establishment of a grocery access investment fund program.
Relating to light pollution mitigation for wind turbine generators.
Relating to the establishment by the Texas Workforce Commission of a workplace soft skills training pilot program.
Relating to the duties of a law enforcement agency regarding missing children and missing persons.
Relating to public utility agencies; providing authority to issue bonds; providing authority to impose assessments.
Relating to the adoption and amendment of an annual budget by certain emergency services districts.
Relating to requirements related to refunds and credit provided under terminated debt cancellation agreements.
Relating to repeal of the permit requirement for intrastate shipment of bees.
Relating to the regulation of a transportation protection agreement as a prepaid funeral benefit.
Relating to the assignment of certain retired and former justices and judges.
Relating to a strategic plan for improving maternal health, including the consolidation and repeal of certain planning and reporting requirements.
Relating to the operation in certain counties of mobile food service establishments in more than one municipality within the county.
Relating to a statement on a temporary tag warning against unauthorized reproduction, purchase, use, or sale of the tag.
Relating to egg grading and the selling of ungraded eggs; requiring an occupational license.
Relating to the methods by which the comptroller may provide certain notices relating to the revocation or suspension of a permit or license or the forfeiture of corporate privileges in this state.
Relating to the date by which the Texas Energy Reliability Council is required to submit to the legislature a report on the reliability and stability of the electricity supply chain.
Relating to the definitions of "pass" and "passing" used in reference to a vehicle.
Relating to redesignation of certain provisions describing court orders eligible for an interlocutory appeal.
Relating to the duties of a justice of the peace, medical examiner, or other investigator regarding the bodies of unidentified deceased persons.
Relating to the use of hotel occupancy tax revenue by certain municipalities.
Relating to eligibility for a loan under the disaster recovery loan program.
Relating to the management of a declared state of disaster.
Relating to the status of the registration of a vehicle after a failure to establish financial responsibility.
Relating to the dissolution of the Green Tree Park Municipal Utility District.
Relating to the use of certain lighting equipment on motorcycles and mopeds.
Relating to the reporting of political contributions, including in-kind contributions, and expenditures made using a credit card.
Relating to authorizing certain counties to impose a hotel occupancy tax, the applicability and rates of that tax in certain counties, and the use of revenue from that tax.
Relating to the disposition of certain property by the former Bois D'Arc Island Levee Improvement District of Dallas and Kaufman Counties and the record of dissolution of that district.
Relating to health benefit coverage for general anesthesia in connection with certain pediatric dental services.
Relating to requirements for the issuance of certain driver's licenses and commercial driver's licenses.
Relating to certain regulations regarding commercial driver's licenses.
Relating to the composition of the board of directors of the Texas School Safety Center.
Relating to the expiration and extension of certain provisions relating to engaging outside council for Federal Energy Regulatory Commission matters.
Relating to the directory of users of the centralized telephone service for entities in the capitol complex.
Relating to the regulation of water well drillers and water well pump installers.
Relating to making certain voluntary contributions when applying for a driver's license, commercial driver's license, or personal identification certificate.
Relating to eligibility to participate as an annuitant in the state employees group benefits program.
Relating to the disposal of certain instructional materials by a public school.
Relating to the eligibility of certain retired firefighters, police officers, and emergency medical services providers to purchase continued health benefits coverage.
Relating to the prosecution of the offense of fraudulent use or possession of credit card or debit card information.
Relating to the titling and registration of motor vehicles by motor vehicle dealers.
Relating to the issuance of bonds by certain local government corporations.
Relating to health benefit plan coverage of telemedicine, teledentistry, and telehealth appointments with an originating site or distant site located outside this state.
Relating to the business leave time account for a firefighter employee organization in certain municipalities.
Relating to certain disability and death benefits payable by the public retirement systems for police and fire fighters in certain municipalities.
Relating to a study on uranium deposits in this state.
Relating to the inclusion of a property in a conservation district by certain municipalities.
Relating to procedural requirements for uranium mining production area authorizations.
Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.
Relating to a study conducted by the Teacher Retirement System of Texas on the feasibility of offering alternative service retirement benefits to peace officers who are members of the retirement system.
Relating to enforcement actions taken against a child-care or child-placing agency administrator's license.
Relating to the provision of municipal services to a property in the extraterritorial jurisdiction of a municipality following the municipality's denial or refusal to permit an activity or structure on the property.
Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.
Relating to the qualifications to serve as a member of a board of trustees of a military reservation school district and rules adopted by the State Board of Education for the governance of a special-purpose district.
Relating to the eligibility of the National Reined Cow Horse Association Championship Series for funding under the major events reimbursement program.
Relating to courses in personal finance literacy and economics for high school students in public schools.
Relating to the preauthorization of medical or health care services by a health maintenance organization or an insurer.
Relating to qualifications for and limitations on awarding the Texas Legislative Medal of Honor.
Relating to eligible coastal municipalities for purposes of the municipal hotel occupancy tax.
Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.
Relating to annual financial reports submitted by state agencies.
Relating to the qualified allocation plan and manual adopted for the allocation of low income housing tax credits.
Relating to the eligibility of certain entities for services and commodity items provided by the Department of Information Resources and statewide technology centers.
Relating to the authority of certain municipalities to authorize and finance certain venue projects and to use municipal hotel occupancy tax revenue for certain of those projects; authorizing the imposition of a tax.
Relating to the use of the revenue derived from the municipal hotel occupancy tax by certain municipalities and to the rate at which that tax is imposed by those municipalities.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.
Relating to a study by the Texas A&M Forest Service of the potential effects of wildfires in this state.
Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.
Relating to notifications by the Department of Agriculture of certain stop-sale orders applicable to plant products and the seizure or destruction of certain plant products.
Relating to the manner in which certain criminal and juvenile proceedings are conducted.
Relating to the terms and qualifications of members on the Intellectual and Developmental Disability System Redesign Advisory Committee.
Relating to an alert system for dangerous plant and wildlife pests and diseases administered by the Texas A&M AgriLife Extension Service.
Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.
Relating to inheritance rights of adoptive parents.
Relating to incident-based reporting of information and statistics concerning offenses committed in this state and the establishment of the Texas crime information system by the Department of Public Safety.
Relating to a study on mental health services provided to veterans through the Texas Veterans Commission.
Relating to the appeal of certain ad valorem tax determinations through binding arbitration.
Relating to the establishment of the Building Better Futures Program to support educational and occupational skills training opportunities and support services for students with intellectual and developmental disabilities.
Relating to the establishment of the Texas Students with Disabilities Scholarship Program for certain students at public institutions of higher education.
Relating to authorizing certain counties to impose a hotel occupancy tax and the applicability of that tax in certain counties.
Relating to the approval of equivalent educational programs for persons whose driver's license is suspended following conviction of certain drug offenses.
Relating to an employment preference for members of the military and their spouses for positions at state agencies.
Relating to the management of overpopulations of white-tailed deer in areas where recreational hunting is not feasible.
Relating to the creation of the Springs Hill Special Utility District; authorizing a fee; granting the power of eminent domain.
Relating to the creation of the Montgomery County Water Control and Improvement District No. 6; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Montgomery County Municipal Utility District No. 227; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the boundaries of the Fort Bend County Municipal Utility District No. 144.
Relating to the creation of the Orchard Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Fort Bend County Municipal Utility District No. 262; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Cypress Creek Drainage Improvement District.
Relating to the creation of the Montgomery County Municipal Utility District No. 223; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Harris County Municipal Utility District No. 597; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Waller County Municipal Utility District No. 49; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Waller County Municipal Utility District No. 48; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Prairie View Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Waller County Municipal Utility District No. 57; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Grimes County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
PHYSICIAN OF THE DAY
Senator Middleton was recognized and presented Dr. Ernst Nicanord of LaMarque as the Physician of the Day.
The Senate welcomed Dr. Nicanord and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
(Senator Blanco in Chair)
SENATE RESOLUTION 507
Senator King offered the following resolution:
SR 507, Recognizing Texas Christian University on the occasion of its 150th anniversary.
KING
KOLKHORST
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator King, joined by Senators Kolkhorst, Perry, and Bettencourt, was recognized and introduced to the Senate a Texas Christian University delegation including President Daniel Pullin, mascot Super Frog, Deputy Athletics Director Mike Sinquefield, Student Government President Brandon Fox, and medical student Kavneet Kaur.
The Senate welcomed its guests.
SENATE RESOLUTION 510
Senator Sparks offered the following resolution:
SR 510, Recognizing The University of Texas Permian Basin on the occasion of its 50th anniversary.
SPARKS
ALVARADO
PERRY
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Sparks, joined by Senator Menéndez, was recognized and introduced to the Senate The University of Texas Permian Basin delegation including President Sandra Woodley, Becky Spurlock, Corey Benson, Michael Frawley, Tatum Hubbard, Matthew Cottrell, Paige Cooper, and mascot Freddy Falcon.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Flores, joined by Senators Eckhardt and Menéndez, was recognized and introduced to the Senate Texas state retirees including the following groups: Texas Game Warden Peace Officers Association, Texas Department of Public Safety Officers Association, Texas Public Employees Association, Texas Correctional Employees Council, Texas State Troopers Association, AFSCME Texas Retirees, Texas State Employees Union, and Texas Retired State Employees Association.
The Senate welcomed its guests.
MESSAGES FROM THE GOVERNOR
The following Messages from the Governor were read and were referred to the Committee on Nominations:
May 3, 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 Upper Guadalupe River Authority for terms to expire as indicated:
To Expire February 1, 2025:
Frances N. Lovett
Comfort, Texas
(replacing Lynda L. Ables of Kerrville who resigned)
To Expire February 1, 2029:
William R. "Bill" Rector, M. D.
Kerrville, Texas
(Dr. Rector is being reappointed)
Margaret B. "Maggie" Snow
Kerrville, Texas
(Ms. Snow is being reappointed)
Jeanne C. Stacy
Ingram, Texas
(replacing David M. "Mike" Hughes of Ingram whose term expired)
Respectfully submitted,
/s/Greg Abbott
Governor
May 3, 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 Correctional Managed Health Care Committee for a term to expire February 1, 2027:
Kristen S. "Kris" Coons
San Antonio, Texas
(Ms. Coons is being reappointed)
Respectfully submitted,
/s/Greg Abbott
Governor
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The Presiding Officer 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 Presiding Officer at 11:49 a.m. announced the conclusion of morning call.
SENATE BILL 2588 ON SECOND READING
Senator Huffman moved to suspend the regular order of business to take up for consideration SB 2588 at this time on its second reading:
SB 2588, Relating to the creation of the Fort Bend County Municipal Utility District No. 264; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
The motion prevailed.
Senators Hall, Hughes, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
Senator Kolkhorst asked to be recorded as "Present-not voting" on suspension of the regular order of business.
The bill was read second time and was passed to 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.
Present-not voting: Kolkhorst.
SENATE BILL 2588 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 SB 2588 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 3, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Middleton.
Present-not voting: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 3, Present-not voting 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 150 ON THIRD READING
Senator Springer moved to suspend the regular order of business to take up for consideration CSSB 150 at this time on its third reading and final passage:
CSSB 150, Relating to the maximum amount of unemployment benefits payable to an individual during a benefit year under the state unemployment insurance program.
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 2453 ON THIRD READING
Senator Menéndez moved to suspend the regular order of business to take up for consideration SB 2453 at this time on its third reading and final passage:
SB 2453, Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Alvarado, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Schwertner, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Creighton, Hall, Hancock, King, Middleton, Parker, Paxton, Perry, Sparks, Springer.
The bill was read third time and was passed by the following vote: Yeas 17, Nays 14.
Yeas: Alvarado, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, LaMantia, Menéndez, Miles, Nichols, Schwertner, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Creighton, Hall, Hancock, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Sparks, Springer.
COMMITTEE SUBSTITUTE
SENATE BILL 232 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 232 at this time on its second reading:
CSSB 232, Relating to the removal from office of an officer of a political subdivision for commission of certain criminal offenses.
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 232 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 232 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 2250 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSB 2250 at this time on its second reading:
CSSB 2250, Relating to the execution of a certificate of completion for the purchase of solar panels under a retail installment contract.
The motion prevailed.
Senator Hall asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2250 (senate committee report) in SECTION 1 of the bill by striking added Sections 345.0811(a)-(c), Finance Code (page 1, lines 29-40), and substituting the following:
If a retail seller of solar panels requires a retail buyer to execute a certificate of completion and the covered solar panel installation fails a building code inspection, resulting from the installation of the solar panels, before the first anniversary of the date the certificate was signed by the retail buyer, the certificate of completion is void.
The amendment to CSSB 2250 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 2250 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.
COMMITTEE SUBSTITUTE
SENATE BILL 2250 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 2250 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)
SENATE BILL 1814 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 1814 at this time on its second reading:
SB 1814, Relating to the definition of current debt service for the purpose of calculating the current debt rate of a taxing unit for ad valorem tax purposes.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, West, Whitmire, Zaffirini.
The bill was read second time.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 1814 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 44.004(c), Education Code, is amended to read as follows:
(c) The notice of public meeting to discuss and adopt the budget and the proposed tax rate may not be smaller than one-quarter page of a standard-size or a tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. Subject to Subsection (d), the notice must:
(1) contain a statement in the following form:
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
"The (name of school district) will hold a public meeting at (time, date, year) in (name of room, building, physical location, city, state). The purpose of this meeting is to discuss the school district's budget that will determine the tax rate that will be adopted. Public participation in the discussion is invited." The statement of the purpose of the meeting must be in bold type. In reduced type, the notice must state: "The tax rate that is ultimately adopted at this meeting or at a separate meeting at a later date may not exceed the proposed rate shown below unless the district publishes a revised notice containing the same information and comparisons set out below and holds another public meeting to discuss the revised notice." In addition, in reduced type, the notice must state: "Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.";
(2) contain a section entitled "Comparison of Proposed Budget with Last Year's Budget," which must show the difference, expressed as a percent increase or decrease, as applicable, in the amounts budgeted for the preceding fiscal year and the amount budgeted for the fiscal year that begins in the current tax year for each of the following:
(A) maintenance and operations;
(B) debt service; and
(C) total expenditures;
(3) contain a section entitled "Total Appraised Value and Total Taxable Value," which must show the total appraised value and the total taxable value of all property and the total appraised value and the total taxable value of new property taxable by the district in the preceding tax year and the current tax year as calculated under Section 26.04, Tax Code;
(4) contain a statement of the total amount of the outstanding and unpaid bonded indebtedness of the school district;
(5) contain a section entitled "Comparison of Proposed Rates with Last Year's Rates," which must:
(A) show in rows the tax rates described by Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of property, for columns entitled "Maintenance & Operations," "Interest & Sinking Fund," and "Total," which is the sum of "Maintenance & Operations" and "Interest & Sinking Fund":
(i) the school district's "Last Year's Rate";
(ii) the "Rate to Maintain Same Level of Maintenance & Operations Revenue & Pay Debt Service," which:
(a) in the case of "Maintenance & Operations," is the tax rate that, when applied to the current taxable value for the district, as certified by the chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, would impose taxes in an amount that, when added to state funds to be distributed to the district under Chapter 48, would provide the same amount of maintenance and operations taxes and state funds distributed under Chapter 48 per student in average daily attendance for the applicable school year that was available to the district in the preceding school year; and
(b) in the case of "Interest & Sinking Fund," is the tax rate that, when applied to the current taxable value for the district, as certified by the chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, and when multiplied by the district's anticipated collection rate, would impose taxes in an amount that, when added to state funds to be distributed to the district under Chapter 46 and any excess taxes collected to service the district's debt during the preceding tax year but not used for that purpose during that year, would provide the minimum dollar amount required to be paid to service the district's debt; and
(iii) the "Proposed Rate";
(B) contain fourth and fifth columns aligned with the columns required by Paragraph (A) that show, for each row required by Paragraph (A):
(i) the "Local Revenue per Student," which is computed by multiplying the district's total taxable value of property, as certified by the chief appraiser for the applicable school year under Section 26.01, Tax Code, and as adjusted to reflect changes made by the chief appraiser as of the time the notice is prepared, by the total tax rate, and dividing the product by the number of students in average daily attendance in the district for the applicable school year; and
(ii) the "State Revenue per Student," which is computed by determining the amount of state aid received or to be received by the district under Chapters 43, 46, and 48 and dividing that amount by the number of students in average daily attendance in the district for the applicable school year; and
(C) contain an asterisk after each calculation for "Interest & Sinking Fund" and a footnote to the section that, in reduced type, states "The Interest & Sinking Fund tax revenue is used to pay for bonded indebtedness on construction, equipment, or both. The bonds, and the tax rate necessary to pay those bonds, were approved by the voters of this district.";
(6) contain a section entitled "Comparison of Proposed Levy with Last Year's Levy on Average Residence," which must:
(A) show in rows the information described by Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns entitled "Last Year" and "This Year":
(i) "Average Market Value of Residences," determined using the same group of residences for each year;
(ii) "Average Taxable Value of Residences," determined after taking into account the limitation on the appraised value of residences under Section 23.23, Tax Code, and after subtracting all homestead exemptions applicable in each year, other than exemptions available only to disabled persons or persons 65 years of age or older or their surviving spouses, and using the same group of residences for each year;
(iii) "Last Year's Rate Versus Proposed Rate per $100 Value"; and
(iv) "Taxes Due on Average Residence," determined using the same group of residences for each year; and
(B) contain the following information: "Increase (Decrease) in Taxes" expressed in dollars and cents, which is computed by subtracting the "Taxes Due on Average Residence" for the preceding tax year from the "Taxes Due on Average Residence" for the current tax year;
(7) contain the following statement in bold print: "Under state law, the dollar amount of school taxes imposed on the residence of a person 65 years of age or older or of the surviving spouse of such a person, if the surviving spouse was 55 years of age or older when the person died, may not be increased above the amount paid in the first year after the person turned 65, regardless of changes in tax rate or property value.";
(8) contain the following statement in bold print: "Notice of Voter-Approval Rate: The highest tax rate the district can adopt before requiring voter approval at an election is (the school district voter-approval rate determined under Section 26.08, Tax Code). This election will be automatically held if the district adopts a rate in excess of the voter-approval rate of (the school district voter-approval rate)."; and
(9) contain a section entitled "Fund Balances," which must include the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal year that are not encumbered with or by corresponding debt obligation, less estimated funds necessary for the operation of the district before the receipt of the first payment under Chapter 48 in the succeeding school year.
SECTION ____. Section 26.04(e), Tax Code, is amended to read as follows:
(e) By August 7 or as soon thereafter as practicable, the designated officer or employee shall submit the rates to the governing body. The designated officer or employee shall post prominently on the home page of the taxing unit's Internet website in the form prescribed by the comptroller:
(1) the no-new-revenue tax rate, the voter-approval tax rate, and an explanation of how they were calculated;
(2) the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal year that are not encumbered with or by corresponding existing debt obligation; and
(3) a schedule of the taxing unit's debt obligations showing:
(A) the minimum dollar amount of principal and interest required to [that will] be paid to service the taxing unit's debts in the next year from property tax revenue, including payments of lawfully incurred contractual obligations providing security for the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the taxing unit by another political subdivision and, if the taxing unit is created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, payments on debts that the taxing unit anticipates to incur in the next calendar year;
(B) the amount by which taxes imposed for debt are to be increased because of the taxing unit's anticipated collection rate; and
(C) the total of the amounts listed in Paragraphs (A)-(B), less any amount collected in excess of the previous year's anticipated collections certified as provided in Subsection (b).
SECTION __. Section 26.05, Tax Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) The governing body of a taxing unit may approve a rate described by Subsection (a)(1) that exceeds the rate for the taxing unit as determined under that subsection only if:
(1) the rate is proposed to be approved by a motion that:
(A) states the rate determined under Subsection (a)(1);
(B) states the proposed rate;
(C) states the difference between the proposed rate and the rate determined under Subsection (a)(1); and
(D) describes the purpose for which the excess revenue collected from the proposed rate will be used; and
(2) the motion is approved by at least 60 percent of the members of the governing body.
The amendment to SB 1814 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 1814 as amended was passed to engrossment by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, West, Whitmire, Zaffirini.
SENATE BILL 1814 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1814 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.
Nays: Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Whitmire.
The bill was read third time and was passed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, West, Whitmire, Zaffirini.
SENATE BILL 2577 ON SECOND READING
Senator Flores moved to suspend the regular order of business to take up for consideration SB 2577 at this time on its second reading:
SB 2577, Relating to the creation of the Atascosa County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
The motion prevailed.
Senators Hall, Hughes, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
Senator Kolkhorst asked to be recorded as "Present-not voting" on suspension of the regular order of business.
The bill was read second time and was passed to 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.
Present-not voting: Kolkhorst.
SENATE BILL 2577 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 SB 2577 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 3, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Middleton.
Present-not voting: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 3, Present-not voting 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 418 ON SECOND READING
Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 418 at this time on its second reading:
CSSB 418, Relating to the transfer of students between public schools.
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.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 418 (senate committee report) in SECTION 3 of the bill, in added Section 25.036(d), Education Code, as follows:
(1) Between Subdivisions (2) and (3) (page 2, between lines 25 and 26), insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
( ) students who are dependents of an employee of the receiving district;
(2) In Subdivision (7) (page 2, line 34), add "and" after the underlined semicolon.
(3) In Subdivision (8) (page 2, line 37), strike "; and" and substitute an underlined period.
(4) Strike Subdivision (9) (page 2, lines 38 and 39).
The amendment to CSSB 418 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 418 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: Eckhardt.
COMMITTEE SUBSTITUTE
SENATE BILL 418 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 418 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)
COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 64 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for consideration CSSJR 64 at this time on its second reading:
CSSJR 64, Proposing a constitutional amendment authorizing a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Paxton, Perry, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, King, Middleton, Parker, Schwertner.
The resolution 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 JOINT RESOLUTION 64 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJR 64 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Paxton, Perry, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, King, Middleton, Parker, Schwertner.
The resolution was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2530 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 2530 at this time on its second reading:
CSSB 2530, Relating to contracts with and investments in companies that boycott certain energy companies.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, West, Zaffirini.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2530 (senate committee printing) as follows:
(1) Strike SECTION 1 of the bill, amending Section 809.001, Government Code (page 1, lines 24-42), and substitute the following:
SECTION 1. Sections 809.001(1) and (4), Government Code, are amended to read as follows:
(1) "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:
(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law;
(B) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy; or
(C) [(B)] does business with a company described by Paragraph (A) or (B).
(4) "Financial company" means a publicly traded:
(A) financial services or[,] banking company;[,] or
(B) investment company, including a mutual fund or exchange-traded fund.
(2) In SECTION 2 of the bill, in amended Section 809.101, Government Code, in proposed Subsection (b)(1)(D) of that section (page 1, line 60), between "financial" and "company", insert "services or banking".
(3) In SECTION 3 of the bill, in added Section 809.151(c), Government Code (page 2, lines 17 and 18), strike "for goods or services".
(4) In SECTION 3 of the bill, in added Section 809.151(c), Government Code (page 2, line 24), between "financial" and "company", insert "services or banking".
The amendment to CSSB 2530 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 2530 as amended was passed to engrossment by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, West, Zaffirini.
COMMITTEE SUBSTITUTE
SENATE BILL 2530 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 2530 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Johnson, LaMantia, West, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire.
Nays: Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, West, Zaffirini.
(President in Chair)
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
(Motion In Writing)
Senator Whitmire submitted the following Motion In Writing:
Mr. President:
I move to suspend Senate Rule 11.13 so that committees may meet while the Senate is meeting today.
WHITMIRE
The Motion In Writing was read and prevailed without objection.
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 Jurisprudence might meet immediately in the Press Room, 2E.9.
SENATE BILL 2037 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 2037 at this time on its second reading:
SB 2037, Relating to the regulation of platting and subdivisions of land by a municipality or county.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.
Nays: Alvarado, Blanco, Campbell, Eckhardt, Gutierrez, Hinojosa, Johnson, Menéndez, Miles, Whitmire, Zaffirini.
The bill was read second time.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 2037 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. Section 212.003(a), Local Government Code, is amended to read as follows:
(a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate, either directly or indirectly:
(1) the use of any building or property for business, industrial, residential, or other purposes;
(2) the bulk, height, or number of buildings constructed on a particular tract of land;
(3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;
(4) the minimum size of a lot, dimensions of a lot, minimum width of a lot frontage, minimum distance a lot must be set back from a road or property line, or another component of lot density on a particular tract of land;
(5) the number of residential units that can be built per acre of land; or
(6) [(5)] the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if[:
[(A)] the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities[; and
[(B) the developed tract of land is:
[(i)
located in a county with a population of 2.8 million or more; and
[(ii) served by:
[(a)
on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or
[(b)
on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water].
SECTION 2. Sections 232.101(a) and (b), Local Government Code, are amended to read as follows:
(a) By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt rules governing plats and subdivisions of land within the unincorporated area of the county as authorized by this subchapter [to promote the health, safety, morals, or general welfare of the county and the safe, orderly, and healthful development of the unincorporated area of the county].
(b) A [Unless otherwise authorized by state law, a] commissioners court shall not regulate, either directly or indirectly [under this section]:
(1) the use of any building or property for business, industrial, residential, or other purposes;
(2) the bulk, height, or number of buildings constructed on a particular tract of land;
(3) the size of a building that can be constructed on a particular tract of land, including without limitation and restriction on the ratio of building floor space to the land square footage;
(4) the minimum size of a lot, dimensions of a lot, minimum width of a lot frontage, minimum distance a lot must be set back from a road or property line, or another component of lot density on a particular tract of land;
(5) the number of residential units that can be built per acre of land;
(6) [(5)] a plat or subdivision in an adjoining county; or
(7) [(6)] road access to a plat or subdivision in an adjoining county.
SECTION 3. Sections 232.103 and 232.104, Local Government Code, are repealed.
SECTION 4. The changes in law made by this Act apply only to a plat application filed on or after the effective date of this Act. A plat application filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.
The amendment to SB 2037 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 2037 as amended was passed to engrossment by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.
Nays: Alvarado, Blanco, Campbell, Eckhardt, Gutierrez, Hinojosa, Johnson, Menéndez, Miles, Whitmire, Zaffirini.
SENATE BILL 2605 ON SECOND READING
Senator Flores moved to suspend the regular order of business to take up for consideration SB 2605 at this time on its second reading:
SB 2605, Relating to the creation of the Knob Creek Municipal Utility District of Bell County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
The motion prevailed.
Senators Hall, Hughes, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
Senator Kolkhorst asked to be recorded as "Present-not voting" on suspension of the regular order of business.
The bill was read second time and was passed to 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.
Present-not voting: Kolkhorst.
SENATE BILL 2605 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 SB 2605 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 3, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Middleton.
Present-not voting: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 3, Present-not voting 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 114 ON SECOND READING
Senator Menéndez moved to suspend the regular order of business to take up for consideration CSSB 114 at this time on its second reading:
CSSB 114, Relating to the provision of electricity service in the ERCOT power region.
The motion prevailed.
Senators Hall, Hancock, Hughes, and Springer 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, Hancock, Hughes, Springer.
COMMITTEE SUBSTITUTE
SENATE BILL 114 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 114 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Hall, Hancock, Hughes, Springer.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
(Senator Birdwell in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 595 ON SECOND READING
Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 595 at this time on its second reading:
CSSB 595, Relating to requiring parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, West, Whitmire, Zaffirini.
The bill was read second time.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 595 (senate committee printing) as follows:
(1) In the recital to SECTION 1 of the bill, amending Section 26.009, Education Code (page 1, lines 30 and 31), strike "and (a-3)" and substitute "(a-3), and (c)".
(2) In SECTION 1 of the bill, amending Section 26.009, Education Code (page 2, between lines 5 and 6), insert the following:
(c) Nothing in this section may be construed to affect:
(1) a child's consent to counseling under Section 32.004, Family Code; or
(2) the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of abuse or neglect under that chapter.
The amendment to CSSB 595 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 Hall offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 595 (senate committee report), in SECTION 1 of the bill, in added Section 26.009(a-2), Education Code (page 1, line 57), between "be" and "signed", by inserting "obtained for each separate activity in which the child participates, and each written consent must".
The amendment to CSSB 595 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 595 as amended was passed to engrossment by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.
Nays: Eckhardt, Gutierrez, West.
COMMITTEE SUBSTITUTE
SENATE BILL 595 ON THIRD READING
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 CSSB 595 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, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.
Nays: Eckhardt, Gutierrez, West.
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 365 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSB 365 at this time on its second reading:
CSSB 365, Relating to the issuance or amendment of a certificate of public convenience and necessity that authorizes the construction of an electrical substation.
The motion prevailed.
Senators Birdwell, Hall, Hancock, and Hughes 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: Birdwell, Hall, Hancock, Hughes, Springer.
COMMITTEE SUBSTITUTE
SENATE BILL 365 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 365 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Birdwell, Hall, Hancock, Hughes.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Birdwell, Hall, Hancock, Hughes, Springer.
COMMITTEE SUBSTITUTE
SENATE BILL 1567 ON SECOND READING
Senator Campbell moved to suspend the regular order of business to take up for consideration CSSB 1567 at this time on its second reading:
CSSB 1567, Relating to requiring public schools to maintain physical copies of certain instructional materials.
The motion prevailed.
Senators Eckhardt 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, West.
COMMITTEE SUBSTITUTE
SENATE BILL 1567 ON THIRD READING
Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1567 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, Whitmire, Zaffirini.
Nays: Eckhardt, West.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1979 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1979 at this time on its second reading:
CSSB 1979, Relating to an annual study by the Texas A&M University Texas Real Estate Research Center of the purchase and sale of single-family homes by certain institutional buyers.
The motion prevailed.
Senators Nichols and Perry asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1979 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 86.531(d), Education Code (page 2, line 2), strike "March" and substitute "June".
(2) In SECTION 2 of the bill (page 2, line 22), strike "March" and substitute "June".
The amendment to CSSB 1979 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 1979 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: Nichols, Perry.
COMMITTEE SUBSTITUTE
SENATE BILL 1979 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 1979 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Parker, Paxton, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Nichols, Perry.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
HOUSE BILL 1805 REREFERRED
(Motion In Writing)
Senator Perry submitted a Motion In Writing requesting that HB 1805 be withdrawn from the Committee on Health and Human Services and rereferred to the Committee on Water, Agriculture, and Rural Affairs.
The Motion In Writing was read and prevailed without objection.
HOUSE JOINT RESOLUTION 125 REREFERRED
(Motion In Writing)
Senator Huffman submitted a Motion In Writing requesting that HJR 125 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Finance.
The Motion In Writing was read and prevailed without objection.
HOUSE BILL 2454 REREFERRED
(Motion In Writing)
Senator Hughes submitted a Motion In Writing requesting that HB 2454 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Criminal Justice.
The Motion In Writing was read and prevailed without objection.
(Senator King in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 2497 ON SECOND READING
On motion of Senator Middleton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2497 at this time on its second reading:
CSSB 2497, Relating to the bilingual education allotment under the public school finance system.
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 2497 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 CSSB 2497 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 RULES SUSPENDED
(Posting Rules)
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 upon recess today in the Betty King Committee Room, 2E.22.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Huffman and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Finance might meet upon recess today in the Press Room, 2E.9.
RECESS AND MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 2:25 p.m. agreed to recess until 2:45 p.m. today for the Local and Uncontested Calendar Session.
The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow.
AFTER RECESS
The Senate met at 2:51 p.m. and was called to order by Senator Hall.
BILL AND RESOLUTION SIGNED
The Presiding Officer announced the signing of the following enrolled bill and resolution in the presence of the Senate after the caption had been read:
SB 240, HCR 106.
SESSION HELD FOR
LOCAL AND UNCONTESTED CALENDAR
The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar.
Pursuant to Senate Rule 9.03(d), the following bills and resolutions were laid before the Senate in the order listed, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on passage to engrossment or third reading, suspension of the Constitutional Three-day Rule, and final passage are indicated after each caption. All Members are deemed to have voted "Yea" on viva voce votes unless otherwise indicated.
HB 49 (Kolkhorst)
Relating to public access to certain hospital investigation information and materials.
(viva voce vote) (31-0) (31-0)
HB 446 (Kolkhorst)
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
(viva voce vote) (31-0) (31-0)
HB 842 (Whitmire)
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.
(viva voce vote) (30-1) "Nay" Springer (30-1) "Nay" Springer
HB 2664 (Perry)
Relating to the disclosure of customer information by government-operated utilities.
(viva voce vote) (31-0) (31-0)
HB 3106 (Hughes)
Relating to the designation of a portion of State Highway 49 in Titus County as the Titus County WWI Veterans Memorial Highway.
(viva voce vote) (31-0) (31-0)
HB 3108 (Hughes)
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.
(viva voce vote) (31-0) (31-0)
SCR 42 (Hinojosa)
Designating December 8 as Special Hearts Day for a 10-year period beginning in 2023.
(31-0)
CSSCR 46 (Flores)
Authorizing the State Preservation Board to approve the placement of the Texas Game Warden Memorial at the State Capitol Complex.
(31-0)
CSSB 389 (Hall)
Relating to information requested from the Texas Medical Board by a member, committee, or agency of the legislature.
(viva voce vote) (31-0) (31-0)
(Senator Middleton in Chair)
SB 414 (Paxton)
Relating to the designation of a portion of State Highway 19 as the Mildred McMillan Garrett Memorial Bridge.
(viva voce vote) (31-0) (31-0)
SB 436 (Middleton)
Relating to the punishment for the offense of purchasing or selling human organs; increasing a criminal penalty.
(viva voce vote) (31-0) (31-0)
SB 496 (Zaffirini)
Relating to a study on potential improvements to training provided to 9-1-1 emergency service call takers and dispatchers.
(viva voce vote) (30-1) "Nay" Springer (30-1) "Nay" Springer
CSSB 518 (Kolkhorst)
Relating to the consideration of standardized test scores as a factor in nonautomatic admissions decisions at certain public institutions of higher education.
(viva voce vote) (28-3) "Nays" Eckhardt, Gutierrez, Johnson (28-3) "Nays" Eckhardt, Gutierrez, Johnson
CSSB 945 (Kolkhorst)
Relating to the disclosure of certain health care cost information by certain health care facilities; authorizing an administrative penalty.
(viva voce vote) (31-0) (31-0)
CSSB 1011 (Parker)
Relating to the punishment for the offense of trafficking of persons.
(viva voce vote) (31-0) (31-0)
SB 1187 (Hughes)
Relating to the authority of the TexAmericas Center to provide services to and make investments in certain business enterprises and to create certain business organizations for purposes of the center.
(viva voce vote) (29-2) "Nays" Middleton, Springer (29-2) "Nays" Middleton, Springer
SB 1257 (Creighton)
Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.
(viva voce vote) (31-0) (31-0)
SB 1266 (Parker)
Relating to increasing the criminal penalty for certain offenses committed in a disaster area or an evacuated area.
(viva voce vote) (30-1) "Nay" Eckhardt (30-1) "Nay" Eckhardt
SB 1267 (Parker)
Relating to the punishment for the criminal offense of operation of a stash house; increasing a criminal penalty.
(viva voce vote) (30-1) "Nay" Eckhardt (30-1) "Nay" Eckhardt
CSSB 1327 (Blanco)
Relating to authorizing a day-care center to employ an interim director.
(viva voce vote) (31-0) (31-0)
CSSB 1388 (Parker)
Relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.
(viva voce vote) (28-3) "Nays" Eckhardt, Gutierrez, Johnson (28-3) "Nays" Eckhardt, Gutierrez, Johnson
CSSB 1402 (Zaffirini, Paxton)
Relating to the composition, continuation, and duties of the Sexual Assault Survivors' Task Force, compensation for task force members and certain other task force participants, and establishment of a mandatory training program for peace officers on responding to reports of child sexual abuse and adult sexual assault.
(viva voce vote) (30-1) "Nay" Hughes (30-1) "Nay" Hughes
CSSB 1419 (Birdwell)
Relating to limitations on the use of public money under certain economic development agreements or programs adopted by certain political subdivisions.
(viva voce vote) (27-4) "Nays" Blanco, Eckhardt, Gutierrez, Springer (27-4) "Nays" Blanco, Eckhardt, Gutierrez, Springer
CSSB 1471 (Bettencourt)
Relating to access by the Texas Education Agency and private schools to certain criminal history records.
(viva voce vote) (31-0) (31-0)
SB 1506 (Hughes)
Relating to a seizure management and treatment plan for the care to be provided by a public school to a student with a seizure disorder.
(viva voce vote) (31-0) (31-0)
SB 1519 (King)
Relating to electric utility weather emergency preparedness.
(viva voce vote) (31-0) (31-0)
SB 1525 (Blanco)
Relating to the confidentiality of certain home address information in property tax appraisal records.
(viva voce vote) (30-1) "Nay" Middleton (30-1) "Nay" Middleton
(Senator King in Chair)
CSSB 1668 (Hughes)
Relating to property owners' associations, including condominium owners' associations.
(viva voce vote) (30-1) "Nay" Springer (30-1) "Nay" Springer
CSSB 1716 (Zaffirini)
Relating to term limits for certain contracts regarding airports and associated air navigation facilities operated by or on behalf of a local government.
(viva voce vote) (30-1) "Nay" Springer (30-1) "Nay" Springer
SB 1766 (Creighton)
Relating to indemnification and duties of real property appraisers under certain governmental contracts.
(viva voce vote) (31-0) (31-0)
SB 1802 (Springer)
Relating to administrative procedures in the architectural barriers program at the Texas Department of Licensing and Regulation.
(viva voce vote) (31-0) (31-0)
CSSB 2008 (Kolkhorst)
Relating to operating requirements for farm mutual insurance companies related to insurance in force on rural property.
(viva voce vote) (31-0) (31-0)
CSSB 2105 (Johnson)
Relating to the registration of and certain other requirements relating to data brokers; providing a civil penalty and authorizing a fee.
(viva voce vote) (29-2) "Nays" Hughes, Springer (29-2) "Nays" Hughes, Springer
CSSB 2142 (Parker)
Relating to requiring the attorney general to establish a process to identify and report certain foreign-related transactions in this state to the Committee on Foreign Investment in the United States.
(viva voce vote) (30-1) "Nay" Eckhardt (30-1) "Nay" Eckhardt
CSSB 2212 (Blanco)
Relating to the disclosure by a pharmacy to a patient of certain price information for a drug or biological product.
(viva voce vote) (30-1) "Nay" Springer (30-1) "Nay" Springer
CSSB 2256 (Blanco)
Relating to the verification of health care practitioner continuing education compliance through the establishment of continuing education tracking systems.
(viva voce vote) (31-0) (31-0)
CSSB 2304 (LaMantia)
Relating to the regulation of driver education courses and driving safety courses and the provision of information regarding the Texas Driving with Disability Program to certain public school students.
(viva voce vote) (30-1) "Nay" Hughes (30-1) "Nay" Hughes
SB 2314 (Hughes)
Relating to a membership interest in a limited liability company subject to a charging order.
(viva voce vote) (31-0) (31-0)
SB 2358 (Parker)
Relating to security procedures for digital applications that pose a network security risk to state agencies.
(viva voce vote) (31-0) (31-0)
SB 2403 (Springer)
Relating to required reporting regarding a school district's program for gifted and talented students.
(viva voce vote) (31-0) (31-0)
CSSB 2479 (Zaffirini)
Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.
(viva voce vote) (31-0) (31-0)
SB 2579 (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.
(viva voce vote) (27-3-1) "Nays" Hall, Hughes, Middleton "Present-not voting" Kolkhorst (27-3-1) "Nays" Hall, Hughes, Middleton "Present-not voting" Kolkhorst
SB 2601 (Hinojosa)
Relating to payment of costs related to the relocation of certain utility facilities for state highway projects.
(viva voce vote) (30-1) "Nay" Hughes (30-1) "Nay" Hughes
BILLS REMOVED FROM
LOCAL AND UNCONTESTED CALENDAR
Senator Middleton and Senator Hall requested in writing that SB 252 be removed from the Local and Uncontested Calendar.
Senator West and Senator Hall requested in writing that SB 668 be removed from the Local and Uncontested Calendar.
Senator Miles and Senator Hall requested in writing that SB 1181 be removed from the Local and Uncontested Calendar.
Senator Zaffirini and Senator Hall requested in writing that SB 2608 be removed from the Local and Uncontested Calendar.
SESSION CONCLUDED FOR
LOCAL AND UNCONTESTED CALENDAR
Senator King announced that the session to consider bills and resolutions placed on the Local and Uncontested Calendar was concluded.
CO-AUTHOR OF SENATE BILL 114
On motion of Senator Menéndez, Senator Blanco will be shown as Co-author of SB 114.
CO-AUTHORS OF SENATE BILL 232
On motion of Senator Hinojosa, Senators Menéndez, Sparks, and Zaffirini will be shown as Co-authors of SB 232.
CO-AUTHOR OF SENATE BILL 334
On motion of Senator Schwertner, Senator Blanco will be shown as Co-author of SB 334.
CO-AUTHOR OF SENATE BILL 418
On motion of Senator Paxton, Senator Zaffirini will be shown as Co-author of SB 418.
CO-AUTHORS OF SENATE BILL 833
On motion of Senator King, Senators Kolkhorst and Middleton will be shown as Co-authors of SB 833.
CO-AUTHOR OF SENATE BILL 1195
On motion of Senator Hughes, Senator Middleton will be shown as Co-author of SB 1195.
CO-AUTHOR OF SENATE BILL 1567
On motion of Senator Campbell, Senator Creighton will be shown as Co-author of SB 1567.
CO-AUTHOR OF SENATE BILL 1979
On motion of Senator Hughes, Senator Bettencourt will be shown as Co-author of SB 1979.
CO-AUTHOR OF SENATE BILL 2250
On motion of Senator Zaffirini, Senator West will be shown as Co-author of SB 2250.
CO-AUTHOR OF SENATE BILL 2615
On motion of Senator Menéndez, Senator Zaffirini will be shown as Co-author of SB 2615.
CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 25
On motion of Senator Parker, Senator Birdwell will be shown as Co-author of SCR 25.
CO-AUTHOR OF SENATE JOINT RESOLUTION 64
On motion of Senator West, Senator Zaffirini will be shown as Co-author of SJR 64.
CO-SPONSORS OF HOUSE BILL 54
On motion of Senator Zaffirini, Senators Blanco and LaMantia will be shown as Co-sponsors of HB 54.
CO-SPONSOR OF HOUSE BILL 446
On motion of Senator Kolkhorst, Senator Whitmire will be shown as Co-sponsor of HB 446.
CO-SPONSOR OF HOUSE BILL 474
On motion of Senator Zaffirini, Senator Blanco will be shown as Co-sponsor of HB 474.
CO-SPONSOR OF HOUSE BILL 1297
On motion of Senator Birdwell, Senator Menéndez will be shown as Co-sponsor of HB 1297.
CO-SPONSOR OF HOUSE BILL 1315
On motion of Senator Hinojosa, Senator Blanco will be shown as Co-sponsor of HB 1315.
CO-SPONSOR OF HOUSE BILL 1488
On motion of Senator Miles, Senator Blanco will be shown as Co-sponsor of HB 1488.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SR 504 by Flores, In memory of Tommy Williams.
SR 512 by Hughes, In memory of Dorothy Sue Spruell.
SR 513 by LaMantia, Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, and Zaffirini, In memory of Mary Elizabeth Altman Yturria.
Congratulatory Resolutions
SR 511 by Eckhardt, Recognizing Robert and Judy Moore on the occasion of their 50th wedding anniversary.
HCR 108 (Parker), Congratulating Dr. Stephanie Howard on her appointment as superintendent of Midland ISD.
HCR 109 (Hughes), Commemorating the 150th anniversary of the city of Hawkins.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 3:19 p.m. adjourned 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:
May 3, 2023
LOCAL GOVERNMENT — HB 2071
WATER, AGRICULTURE, AND RURAL AFFAIRS — HB 1750
LOCAL GOVERNMENT — CSSB 1804
CRIMINAL JUSTICE — HB 767, HB 1088, HB 2183, HB 1910, HB 1207, HB 279, HB 467, HB 1161, HB 914, HB 598
LOCAL GOVERNMENT — SB 1916, SB 1251, SB 1526
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — CSSB 1860
LOCAL GOVERNMENT — HB 1925, HB 608, CSSB 1546, CSSB 2370
HEALTH AND HUMAN SERVICES — SB 2548, HB 793
BUSINESS AND COMMERCE — CSSB 1621
JURISPRUDENCE — HB 266, HB 785, HB 2559, SB 1195
BILLS AND RESOLUTION ENGROSSED
May 3, 2023
SB 114, SB 150, SB 232, SB 365, SB 389, SB 414, SB 418, SB 436, SB 496, SB 518, SB 595, SB 945, SB 1011, SB 1187, SB 1257, SB 1266, SB 1267, SB 1327, SB 1388, SB 1402, SB 1419, SB 1471, SB 1506, SB 1519, SB 1525, SB 1567, SB 1668, SB 1716, SB 1766, SB 1802, SB 1814, SB 1979, SB 2008, SB 2105, SB 2142, SB 2212, SB 2250, SB 2256, SB 2304, SB 2314, SB 2358, SB 2403, SB 2453, SB 2479, SB 2497, SB 2530, SB 2577, SB 2579, SB 2588, SB 2601, SB 2605, SJR 64
BILLS AND RESOLUTIONS ENROLLED
May 3, 2023
SB 664, SB 1004, SB 1115, SB 1207, SB 1372, SB 1730, SB 1859, SB 2232, SB 2233, SB 2284, SR 504, SR 507, SR 510, SR 511, SR 512, SR 513