FORTY-EIGHTH DAY
(Monday, May 8, 2023)
The Senate met at 11:12 a.m. pursuant to adjournment and was called to order by Senator Birdwell.
The roll was called and the following Senators were present: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
The Presiding Officer announced that a quorum of the Senate was present.
Dr. Ken May, First Baptist Church, Stephenville, offered the invocation as follows:
Father God, creator, king of the universe, we pause today to ask Your divine assistance upon this special body of legislators and upon the people of the State of Texas and upon this great nation. Please give us character and integrity in our conduct, provide grace and mercy in our deliberations, and pour out wisdom and unity that we may bless the people of Texas, especially those who are most vulnerable, and ensure and enrich the future of this great state. In el nombre de Jesu Christo, Shalom. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 8, 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 agreements authorizing a limitation on taxable value on certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees; authorizing a penalty.
Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Relating to the enforcement of certain federal laws regulating oil and gas operations within the State of Texas.
Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.
HB 102
Thompson, Senfronia
Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers' Compensation Act.
Relating to the terms and conditions of a standard possession order in a suit affecting the parent-child relationship.
Relating to inservice training on identifying abuse, neglect, and illegal, unprofessional, and unethical conduct in certain health care facilities.
Relating to the regulation by a property owners' association of the installation of solar roof tiles.
HB 340
Thompson, Senfronia
Relating to the requirement and study of insurance coverage for serious emotional disturbance of a child.
Relating to the provision of workers' compensation insurance and group accident and health insurance together in a packaged plan.
Relating to an application for an early voting ballot by mail.
Relating to the secretary of state posting on the secretary of state's Internet website databases containing certain information about elections.
HB 392
Thompson, Senfronia
Relating to the date on which certain persons placed on deferred adjudication community supervision are eligible to file a petition for an order of nondisclosure of criminal history record information.
Relating to a waiver of the requirement for the performance of an adoption evaluation in certain suits for adoption.
Relating to the designation of State Highway 356 in Irving as a historic highway.
Relating to delivery of certain statutory county court, district court, or appellate court orders.
Relating to the designation of portions of the state highway system as memorial highways for veterans.
Relating to the issuance of distinguishing license plates for farm and ranch vehicles.
Relating to the applicability to election judges of a prohibition on the carrying of a concealed handgun at a polling place.
Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order.
Relating to the issuance of Coast Guard Lifesaving Medal specialty license plates.
Relating to requirements to file a property owners' association assessment lien.
Relating to the use of expert testimony in certain suits affecting the parent-child relationship.
Relating to credit toward a defendant's sentence for time confined in jail or prison before sentencing.
Relating to the designation of the Aaron M. Hicks Memorial Interchange.
Relating to the designation of the portion of Interstate Highway 635 in Mesquite as the Officer Richard Houston II Memorial Highway.
Relating to the privilege against disclosure of certain collaborative family law communications.
Relating to ineligibility to serve as a poll watcher.
Relating to criminal history record information reviews of certain individuals providing services to individuals with an intellectual or developmental disability under Medicaid; providing an administrative penalty.
Relating to the contents of a petition in certain suits affecting the parent-child relationship.
Relating to the administration of a medication and the ordering and administration of an immunization or vaccination by a pharmacist.
Relating to the licensing of certain veterans by the Texas Commission on Law Enforcement and the hiring of those veterans by political subdivisions.
Relating to the reading and marking of a ballot by a person occupying a voting station or by the person's child.
Relating to the administration of and procedures relating to early voting by personal appearance.
Relating to the duty of an appraisal review board to determine a motion or protest filed by a property owner and the right of the owner to appeal the board's determination.
Relating to the designation of a portion of State Highway 19 as the Mildred McMillan Garrett Memorial Bridge.
Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.
Relating to documentation of proof of identification for voting.
Relating to the designation of a portion of Farm-to-Market Road 1960 in Harris County as the Deputy Constable Omar Ursin Memorial Highway.
Relating to access to criminal history record information by county offices providing pretrial release services.
Relating to the regulation of certain continuing education programs.
Relating to personnel training requirements for nursing facilities and assisted living facilities that advertise an Alzheimer's care unit or memory care unit.
Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.
Relating to health benefit coverage for certain fertility preservation services under certain health benefit plans.
Relating to the eligibility of a child for a determinate sentence for engaging in delinquent conduct that constitutes certain organized criminal activity.
Relating to the authority of certain minors to consent to Texas Home Visiting Program services and to the delivery of those services.
Relating to the enforcement of an order to pay child support by contempt.
Relating to requiring the Department of Information Resources to conduct a study concerning the cybersecurity of small businesses.
Relating to the issuance of state parklands passports to and a waiver of certain state park fees for certain veterans, active duty armed forces members, and certain family members of a person who died while serving in the United States armed forces.
Relating to the issuance of specialty license plates to certain professional sports teams.
Relating to funding for The University of Texas at Tyler's school of pharmacy.
Relating to increasing the criminal penalty for the offense of criminal mischief involving a public power supply.
Relating to the certificate of medical examination for chemical dependency and the duration of court-ordered treatment for a person with a chemical dependency.
Relating to the provision of counseling services by certain providers under Medicaid and reimbursement for those services.
Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material.
Relating to the designation of a portion of Farm to Market Road 2526 in Eastland County as the Sergeant Barbara Fenley Memorial Highway.
Relating to approval of subdivision plats, improvement projects, and certain special districts by certain counties.
Relating to the expiration date and funding of the supplemental special education services program.
Relating to the award of attorney's fees to a prevailing property owner in a judicial appeal of certain ad valorem tax determinations.
Relating to the designation of a portion of Interstate Highway 35 in Williamson County as the Officer Charles Whites Memorial Highway.
Relating to the issuance of Yvonne A. Ewell Townview Magnet Center specialty license plates; authorizing a fee.
Relating to the punishment for the criminal offense of racing on highway; increasing a criminal penalty.
Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.
Relating to authorizing certain political subdivisions to change the date on which the general election for officers is held.
Relating to the eligibility of certain events for funding under the major events reimbursement program.
Relating to county authority to cancel subdivisions in the extraterritorial jurisdiction of a municipality.
Relating to required mental health awareness training for first responders.
Relating to gas utility alternative gas expenses and infrastructure investments.
Relating to the award of compensatory damages caused by certain delays under governmental construction contracts.
Relating to the eligibility for grants for alternative fueling facilities.
Relating to the carrying or possession of a handgun by certain retired judges and justices.
Relating to liens on aircraft for certain charges.
Relating to the issuance of general-issue license plates commemorating the 100th anniversary of the writing of the state song.
Relating to the designation of a portion of U.S. Highway 87 in Hale County as the Pete and Nelda Laney Highway.
Relating to the authority of a political subdivision to regulate certain activities.
Relating to credit toward payment of fines and costs for certain defendants.
Relating to the eligibility of certain property to continue to qualify for an ad valorem tax exemption or special appraisal following certain changes in ownership.
Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.
Relating to maintenance and production of electronic public information under the public information law.
Relating to the requirements to obtain or renew an athletic trainer license.
Relating to transparency in certain contracts involving a school district.
Relating to the regulation of athletic trainers.
Relating to the confidentiality of working papers and electronic communications of administrative law judges and appeals judges under the workers' compensation system.
Relating to the designation of a portion of Farm-to-Market Road 40 in Lubbock County as The Maines Brothers Band Highway.
Relating to the operation of and lighting equipment for medical examiner vehicles and vehicles operated by justices of the peace in certain circumstances.
Relating to the designation of a portion of Interstate Highway 35W in Fort Worth as the Atatiana Jefferson Memorial Highway.
Relating to requiring each state agency to post on the agency's Internet website information on suicide prevention.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to security required before filing suit against a groundwater conservation district.
Relating to the issuance of specialty license plates for retired peace officers.
Relating to the sharing of controlled substance prescription monitoring information between the Texas State Board of Pharmacy and the Health and Human Services Commission for the state Medicaid program.
Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.
Relating to meetings of a county election board.
Relating to the permitting of and performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.
Relating to the designation of a portion of State Highway 144 in Hood and Somervell Counties as the Ed Shipman Memorial Highway.
Relating to the date of dissolution of the Save Historic Muny District.
Relating to the issuance of specialty license plates for industrial firefighters; authorizing a fee.
Relating to venue in certain actions involving a contract for an improvement to real property.
Relating to the regulation of private passenger vehicle rental companies.
Relating to the powers, duties, and use of funds of the Trinity Bay Conservation District.
Relating to the establishment of a service dog pilot program for certain veterans.
Relating to the office hours of an election authority during an election period.
Relating to municipal annexation of an area adjacent to contiguous or connecting railroad rights-of-way.
Relating to criminal responsibility for the conduct of a coconspirator.
Relating to the enforcement of county traffic rules in certain private subdivisions.
Relating to weight limitations for liquefied petroleum gas motor vehicles.
Relating to the public information law.
Relating to the designation of a portion of Farm-to-Market Road 517 in Brazoria and Galveston Counties as the Ken Clark Memorial Highway.
Relating to the omission of a deceased candidate from the ballot in certain elections.
Relating to the issuance of anticipation notes or other obligations by issuers located along the Gulf Coast in an emergency.
Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.
Relating to an optional designation on a driver's license or personal identification certificate indicating that a person is deaf or hard of hearing.
Relating to the issuance by the Texas Department of Housing and Community Affairs of certain federal forms for purposes of allocating low income housing tax credits; authorizing an administrative penalty.
Relating to prohibited local regulation with respect to a firearm or air gun.
Relating to the refund of premiums on the cancellation of Texas Windstorm Insurance Association policies by insureds.
Relating to the administration of perpetual care trust funds.
Relating to the submission of certain reports by the Health and Human Services Commission.
Relating to the disclosure of certain fees by a landlord.
Relating to prescription drug benefits under Medicaid and the child health plan program.
Relating to the sale of park land owned by certain municipalities.
Relating to the elimination of regular mandatory vehicle safety inspections for noncommercial vehicles and the imposition of replacement fees.
Relating to food system security and resiliency planning.
Relating to eligibility for coverage by the Fair Access to Insurance Requirements Plan in certain areas.
Relating to the administration, implementation, and enforcement of federal produce safety standards by the Department of Agriculture.
Relating to the definition of qualified employee for purposes of the enterprise zone program.
Relating to HIV and AIDS tests.
Relating to the implementation by the Texas Department of Transportation of a vehicle mileage user fee pilot program and a task force to assist in developing and evaluating the program.
Relating to veterinary services performed on certain animals in the care of a releasing agency.
Relating to court-ordered financial support by parents of an adult with a medically determinable disability.
Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.
Relating to weight limitations for hydrogen fueled motor vehicles.
Relating to required human trafficking prevention training and disclosure of certain information about human trafficking by tattoo and body piercing studios.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 8, 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 the establishment of an advisory committee to study suicide prevention and peer support programs in fire departments in this state.
Relating to the operation of a motor vehicle at an intersection with a stop sign.
Relating to the cleaning of a structure used to grow oysters for cultivated oyster mariculture.
Relating to a memorandum of understanding between public or private primary or secondary schools authorizing a school marshal of one school to act as a school marshal at the other school during an event at which both schools participate.
HB 3639
Morales, Christina
Relating to active shooter response training for peace officers, including school district peace officers and school resource officers.
Relating to the suspension of a public school student for engaging in certain conduct against an employee or volunteer of a school district.
Relating to the definition of "closing" for purposes of certain private activity bonds.
Relating to the designation of portions of the state highway system as memorial highways for certain deceased peace officers.
Relating to municipal and county hotel occupancy taxes.
Relating to the criminal penalty for the offense of the unauthorized reproduction, purchase, use, sale, or possession of a temporary tag; creating a criminal offense; increasing criminal penalties.
Relating to the confidentiality of ballots and proxies in a property owners' association election or vote.
Relating to the regulation of earned wage access services; requiring an occupational license; providing an administrative penalty; imposing fees.
Relating to the liability of county tax assessor-collectors for certain acts of deputies.
Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school and related reporting requirements regarding the use of restraint.
Relating to the eligibility of participants in the state employees group benefits program for certain federal benefits.
Relating to dismissal of a complaint alleging a parent contributing to nonattendance on the parent's fulfillment of certain terms.
Relating to eligibility requirements for certain events under the major events reimbursement program and the events trust fund.
Relating to the designation of certain fire marshals and related officers, inspectors, and investigators as peace officers.
Relating to the administration of the electronic state business daily.
Relating to prohibited relationships between holders of certain alcoholic beverage licenses and permits.
Relating to creating an audiovisual recording of an interview of a child by a child custody evaluator in certain suits affecting the parent-child relationship.
Relating to the regulation of certain occupations by the Texas Behavioral Health Executive Council; authorizing fees.
Relating to the procedure for qualifying for an exemption from ad valorem taxation of the residence homestead of an elderly person.
Relating to the applicability of certain laws requiring health care cost disclosures by health benefit plan issuers and administrators.
Relating to certain disclosures and other requirements relating to the sale of concert and other event tickets.
Relating to a request for admission to a specialty inpatient stabilization treatment program by the Department of Family and Protective Services of certain minors in the managing conservatorship of the department.
Relating to the procedure for resolving certain customer complaints before the Public Utility Commission of Texas.
Relating to motor vehicle windshield sunscreening devices.
Relating to the operation and movement of motorcycles on a roadway laned for traffic.
HB 4147
Thompson, Senfronia
Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder.
Relating to a pilot program to award grants for personalized treatment protocols for veterans diagnosed with post-traumatic stress disorder.
Relating to conducting certain contested case hearings under the Texas workers' compensation system by remote communication.
Relating to delivery of certain unclaimed money for scholarships for rural students, rural economic development, and energy efficiency assistance.
Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Relating to the right of a purchaser to terminate a contract of purchase and sale of real property for failure to provide notice that the property is located in a public improvement district.
Relating to a study on the recidivism rate of defendants who complete a veterans treatment court program.
Relating to enforceability of municipal prohibitions of outdoor signs in the municipality's extraterritorial jurisdiction.
Relating to the qualifications and term of the presiding officer of the Texas Funeral Service Commission.
Relating to prohibiting certain nondisclosure or confidentiality provisions in employment agreements.
Relating to regulation of residential service contract providers, sellers, and administrators.
Relating to licenses and similar documents issued by certain foreign governments.
Relating to the funding mechanism for the regulation of workers' compensation and workers' compensation insurance; authorizing surcharges.
Relating to the regulation of auctioneering by the Texas Department of Licensing and Regulation; authorizing an administrative penalty.
Relating to the management of groundwater by certain districts and the Texas Commission on Environmental Quality.
Relating to certain licensing and permitting requirements for game rooms; authorizing an occupational permit or license; authorizing a fee.
Relating to impoundment, storage, and notification fees for vehicles stored at vehicle storage facilities; authorizing fee increases and decreases; requiring the adjustment of authorized fees.
Relating to the scheduling of University Interscholastic League competitions.
Relating to the jurisdiction of county attorneys to prosecute the deceptive trade practice of price gouging during a declared disaster.
Relating to the regulation of beekeeping; imposing fees and authorizing other fees; expanding the applicability of an occupational permit.
Relating to the payment of employment compensation by certain state agencies.
Relating to the operation of a juvenile justice alternative education program by a county department of education.
Relating to the consideration of water markets in the regional water planning process.
Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.
Relating to the creation of a temporary educator certificate for educators certified by other states.
Relating to a study of the financing of regional facilities that convert groundwater to surface water.
Relating to peer support specialists for certain individuals with an intellectual or developmental disability and peer services for those individuals under Medicaid.
Relating to the use of an electronic recording device to report proceedings before a municipal court of record for the City of San Antonio.
Relating to a study by the Texas Water Development Board of issues faced by communities with artificial drainage systems.
Relating to a prohibition on certain e-cigarette products; creating a criminal offense.
Relating to the prosecution of the criminal offense of organized retail theft.
Relating to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to the jurisdiction of the Texas Commission on Environmental Quality over certain recharge injection wells.
Relating to a review by a local law enforcement agency of a school district's multihazard emergency operations plan.
Relating to information for the parents or guardians of pediatric cancer patients regarding risk of impaired fertility from treatment.
Relating to law enforcement agency personnel records and the reporting of separations of license holders to the Texas Commission on Law Enforcement.
Relating to the appointment of a dental director for the oral health improvement services program.
Relating to electricity service in areas of this state with a need for transmission projects.
Relating to the issuance of specialty license plates to state and federal judges.
Relating to the issuance of K9s4KIDs specialty license plates.
Relating to the designation of a portion of Farm-to-Market Road 2090 in Montgomery County as the Lance Corporal Armando Hernandez Memorial Highway.
Relating to protections for certain military dependents enrolled in a public school.
Relating to the establishment and administration of the Texas Semiconductor Innovation Consortium.
Relating to the public inspection of election records.
Relating to the office of vehicle fleet management's plan for the state's vehicle fleet.
Relating to the adoption and use of certain performance indicators to measure and evaluate career school or college programs.
Relating to the meeting requirements for the Galveston County Juvenile Board.
Relating to the creation and operation of a development zone by and the tax revenue received by The Woodlands Township; providing authority to issue bonds; providing authority to impose assessments and taxes.
Relating to the compensation of commissioners of the Port of Beaumont Navigation District of Jefferson County, Texas.
Relating to the authority of the Aransas County Navigation District to enter into certain leases.
Relating to the designation of a Texas Department of Transportation building in Starr County as the Eduardo "Eddie" Gracia, Jr., P.E. Area Engineer and Maintenance Facility.
Relating to the creation of the Solana Ranch Municipal Utility District No. 1; 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 Sandow Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the composition of the juvenile board of Navarro County.
Relating to the creation of the Fort Bend County Water Control and Improvement District No. 11; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Designating November as Texas Wildlife and Conservation Month for a 10-year period beginning in 2023.
Honoring Claire Bugen for 25 years of service as superintendent of the Texas School for the Deaf.
SB 58
Zaffirini
Sponsor: Thimesch
Relating to prohibitions in connection with the online sale of goods.
(Committee Substitute)
Relating to prohibiting the use of certain restraints, chemical irritants, or a Taser or similar device on certain public school students.
(Committee Substitute)
SB 271
Johnson
Sponsor: Shaheen
Relating to state agency and local government security incident procedures.
SB 281
Zaffirini
Sponsor: Lambert
Relating to the designation of state musicians for classical and nonclassical genres.
SB 294
Johnson
Sponsor: Klick
Relating to the use of epinephrine auto-injectors and medication designated for treatment of respiratory distress on public and private school campuses.
(Amended)
SB 412
Paxton
Sponsor: Guillen
Relating to protections for pregnant and parenting students enrolled in public institutions of higher education.
SB 415
Paxton
Sponsor: Smith
Relating to continuing education requirements for physicians regarding the identification and assistance of trafficked persons.
SB 435
Middleton
Sponsor: Bonnen
Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.
(Committee Substitute)
SB 507
Perry
Sponsor: Darby
Relating to the designation of a portion of U.S. Highway 87 in Concho County as the Deputy Samuel Leonard Memorial Highway.
SB 508
Perry
Sponsor: Darby
Relating to the designation of the portion of Farm-to-Market Road 765 in Concho County as the Sergeant Stephen Jones Memorial Highway.
SB 510
Perry
Sponsor: Longoria
Relating to the confidentiality of certain information maintained by state licensing agencies.
SB 569
Springer
Sponsor: Stucky
Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.
SB 580
Zaffirini
Sponsor: King, Tracy O.
Relating to the authority of certain counties to cancel platted subdivisions that have remained undeveloped.
SB 617
Blanco
Sponsor: González, Mary
Relating to the confidentiality of certain home address information in ad valorem tax appraisal records.
SB 699
Eckhardt
Sponsor: Howard
Relating to the continuation of a health care provider participation program by a certain hospital district.
SB 761
Hughes
Sponsor: Lambert
Relating to photo identification for certain debit or credit card transactions.
SB 806
Paxton
Sponsor: Manuel
Relating to the duties of peace officers regarding interactions with victims of sexual assault.
SB 818
Alvarado
Sponsor: Perez
Relating to the disposition of real property interests by navigation districts and port authorities.
SB 957
Alvarado
Sponsor: Walle
Relating to the designation of a portion of United States Highway 59 in Harris County as the Deputy Sheriff Darren Almendarez Memorial Highway.
SB 1021
Nichols
Sponsor: Canales
Relating to the handling of bids on certain contracts for highway projects.
(Committee Substitute)
SB 1023
Nichols
Sponsor: Canales
Relating to the establishment and posting of the maximum loads permitted on certain bridges.
SB 1093
Schwertner
Sponsor: Metcalf
Relating to facilities included in the electricity supply chain.
SB 1158
Whitmire
Sponsor: Paul
Relating to single event classification for eligibility under the major events reimbursement program.
SB 1210
Blanco
Sponsor: Guerra
Relating to the authority of the Railroad Commission of Texas to designate certain persons as the operator of an orphaned oil or gas well.
SB 1249
Hancock
Sponsor: Oliverson
Relating to the establishment of a living organ donor education program.
SB 1259
Creighton
Sponsor: Vasut
Relating to the maximum judgment amount awarded by a justice court in certain civil cases regarding the repair of residential rental property.
SB 1286
Schwertner
Sponsor: Johnson, Ann
Relating to prompt payment deadlines for health benefit plan claims affected by a catastrophic event.
SB 1322
Menéndez
Sponsor: Holland
Relating to the purchase and sale of vintage distilled spirits by the holder of a package store permit or local distributor's permit.
SB 1373
Hughes
Sponsor: Smithee
Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.
(Committee Substitute/Amended)
SB 1401
Zaffirini
Sponsor: Johnson, Ann
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
(Amended)
SB 1484
Creighton
Sponsor: Holland
Relating to a border operations training program for peace officers employed by local law enforcement agencies.
(Amended)
SB 1495
Johnson
Sponsor: Davis
Relating to the confidentiality of certain information collected by certain local governments and airport governing boards at a parking facility.
SB 1500
Nichols
Sponsor: Canales
Relating to powers and duties of navigation districts and the boards of trustees of municipal port facilities.
(Committee Substitute/Amended)
SB 1527
Huffman
Sponsor: Thompson, Senfronia
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
SB 1577
Menéndez
Sponsor: King, Ken
Relating to the Texas Real Estate Research Center, the Real Estate Research Advisory Committee, the Texas Real Estate Commission, and the Texas Appraiser Licensing and Certification Board; increasing a fee; authorizing a fee.
SB 1588
Blanco
Sponsor: Morales, Eddie
Relating to variances from Department of State Health Services rules governing the provision of emergency medical services.
SB 1639
Zaffirini
Sponsor: Thimesch
Relating to prohibitions in connection with ticket sales on an Internet website; providing a civil penalty.
SB 1645
Parker
Sponsor: Lambert
Relating to the hearings officer of the Texas Department of Banking.
SB 1646
Parker
Sponsor: Lambert
Relating to the regulation of state trust companies.
SB 1758
Schwertner
Sponsor: Gerdes
Relating to the use of certain land by The University of Texas System.
SB 1831
Hinojosa
Sponsor: Lambert
Relating to the purchase of certain goods and services by the Employees Retirement System of Texas.
SB 1837
Hinojosa
Sponsor: Lozano
Relating to the use of municipal hotel occupancy tax revenue by certain municipalities.
SB 1839
Hinojosa
Sponsor: Morrison
Relating to the unlawful sale or purchase of shark fins or shark fin products; creating a criminal offense.
SB 1852
Flores
Sponsor: Metcalf
Relating to active shooter training for peace officers.
SB 1866
Nichols
Sponsor: Metcalf
Relating to the use of customer-sited distributed generation facilities owned by certain non-ERCOT electric utilities.
SB 1914
Creighton
Sponsor: Manuel
Relating to improvement projects of the Sabine-Neches Navigation District of Jefferson County, Texas.
SB 1985
Hughes
Sponsor: Cain
Relating to the reestablishment of the committee to study the formation of a Texas Bicentennial Commission.
SB 1991
Bettencourt
Sponsor: Oliverson
Relating to the authorization of disbursements by the board of directors of the North Harris County Regional Water Authority.
SB 2069
Bettencourt
Sponsor: Schaefer
Relating to the required posting of signs regarding human trafficking penalties by certain schools.
SB 2085
Whitmire
Sponsor: Walle
Relating to a grant program for crime victim notification systems.
(Amended)
SB 2101
Miles
Sponsor: Morales, Christina
Relating to certain notifications related to the rights of crime victims.
SB 2193
LaMantia
Sponsor: Frank
Relating to programs established and operated by federally qualified health centers to provide primary care access to certain employees.
SB 2214
Blanco
Sponsor: Noble
Relating to compensatory time off for certain state employees.
SB 2221
Schwertner
Sponsor: Raney
Relating to issuance of specialty license plates to honor personnel of sheriff's offices.
SCR 44
Kolkhorst
Sponsor: Hunter
Granting Aransas County permission to sue Regional Pool Alliance and waiving Regional Pool Alliance's governmental immunity with respect to claims by Aransas County for and in connection with covered losses sustained from Hurricane Harvey.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
PHYSICIAN OF THE DAY
Senator Campbell was recognized and presented Dr. Brynna Connor of Austin as the Physician of the Day.
The Senate welcomed Dr. Connor and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
(President in Chair)
SENATE RESOLUTION 524
Senator Johnson offered the following resolution:
SR 524, Recognizing Goodwill Industries of Dallas on the occasion of its 100th anniversary.
JOHNSON
HALL
PARKER
WEST
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Johnson was recognized and introduced to the Senate a Goodwill Industries of Dallas delegation including Victor Reyes, Kate Cox, and Danielle Jessup.
The Senate welcomed its guests.
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
May 5, 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 Trinity River Authority Board of Directors for terms to expire March 15, 2027:
John W. Jenkins
Hankamer, Texas
(Mr. Jenkins is being reappointed)
Robert F. McFarlane, M.D.
Tennessee Colony, Texas
(Dr. McFarlane is being reappointed)
William O. "Will" Rodgers
Fort Worth, Texas
(Mr. Rodgers is being reappointed)
Frank H. Steed, Jr.
Kerens, Texas
(Mr. Steed is being reappointed)
Gregory S. "Greg" Wassberg
Grapeland, Texas
(replacing Ronald "Kevin" Maxwell of Grapeland whose term expired)
Respectfully submitted,
/s/Greg Abbott
Governor
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.
There was no objection.
CONCLUSION OF MORNING CALL
The President at 11:35 a.m. announced the conclusion of morning call.
AT EASE
The President at 11:35 a.m. announced the Senate would stand At Ease subject to the call of the Chair.
(Senator Birdwell in Chair)
IN LEGISLATIVE SESSION
The Presiding Officer at 1:34 p.m. called the Senate to order as In Legislative Session.
BILLS AND RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
SB 423, SB 1002, SB 1170, SB 1222, SB 1425, SB 1509, SB 1523, SB 1563.
SB 49, SB 593, SB 929, SB 1332, SB 1469, SB 1615, SB 1741, SB 2171.
HB 49, HB 446, HB 842, HB 2664, HB 3106, HB 3108, HCR 108, HCR 109.
HB 998, HB 1565, HJR 126.
SENATE BILL 1251 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 1251 at this time on its second reading:
SB 1251, Relating to the authority of the governing body of a school district to adopt an ad valorem tax rate that exceeds the district's voter-approval tax rate.
The motion prevailed.
Senator Johnson 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: Johnson.
SENATE BILL 1251 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 1251 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Johnson.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1146 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1146 at this time on its second reading:
CSSB 1146, Relating to the medical transportation and care for certain inmates in the Texas Department of Criminal Justice.
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 1146 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 CSSB 1146 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2616 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration SB 2616 at this time on its second reading:
SB 2616, Relating to the creation of the Travis County Municipal Utility District No. 27; 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 2616 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 SB 2616 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)
HOUSE BILL 467 ON SECOND READING
On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration HB 467 at this time on its second reading:
HB 467, Relating to the limitations period for certain criminal offenses based on assaultive conduct.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 467 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 HB 467 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
(President in Chair)
SENATE BILL 2434 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 2434 at this time on its second reading:
SB 2434, Relating to the dissolution of the SH130 Municipal Management District No. 1.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire.
The bill was read second time and was passed to engrossment by the following vote: Yeas 22, Nays 9. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2598 ON SECOND READING
Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 2598 at this time on its second reading:
CSSB 2598, Relating to the creation of the Honey Creek Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.
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.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2598 (senate committee printing) in SECTION 1 of the bill as follows:
(1) In added Section 3796.0901(a)(1), Special District Local Laws Code (page 5, line 61), strike "at least two-thirds" and substitute "50 percent or more".
(2) In added Section 3796.0901(a)(2), Special District Local Laws Code (page 5, line 64), strike "at least two-thirds" and substitute "50 percent or more".
The amendment to CSSB 2598 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 2598 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, Hughes, Middleton.
Present-not voting: Kolkhorst.
COMMITTEE SUBSTITUTE
SENATE BILL 2598 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 2598 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)
HOUSE BILL 1207 ON SECOND READING
On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1207 at this time on its second reading:
HB 1207, Relating to the statute of limitations for tampering with certain physical evidence.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1207 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 HB 1207 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 1217 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 1217 at this time on its second reading:
CSSB 1217, Relating to the Texas Windstorm Insurance Association.
The motion prevailed.
Senators Hancock, Hughes, 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 Middleton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1217 (senate committee printing) in SECTION 7 of the bill, by striking added Section 2210.211(b), Insurance Code (page 2, lines 60 and 61), and relettering subsequent subsections of the section accordingly.
The amendment to CSSB 1217 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 1217 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: Hancock, Hughes, Nichols, Perry.
COMMITTEE SUBSTITUTE
SENATE BILL 1217 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 1217 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, Hall, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Parker, Paxton, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hancock, Hughes, Nichols, Perry.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
SENATE BILL 1803 ON SECOND READING
On motion of Senator Springer and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1803 at this time on its second reading:
SB 1803, Relating to the effectiveness of state-funded homelessness programs at helping beneficiaries advance toward self-sufficiency.
The bill was read second time.
Senator Springer offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 1803 (senate committee report) by striking SECTION 1 of the bill (page 1, line 22, through page 2, line 42) and substituting the following:
SECTION 1. Chapter 321, Government Code, is amended by adding Section 321.0139 to read as follows:
Sec. 321.0139. AUDIT OF HOMELESSNESS SERVICES. (a) In each even-numbered year, the State Auditor shall require an audit to be conducted regarding the effectiveness and efficiency of all homelessness services that are provided by the state agencies identified under Subsections (e) and (f).
(a-1) Notwithstanding Subsection (a), 2026 is the first year that an audit is required to be conducted under this section. This subsection expires January 1, 2027.
(b) Not later than March 1 of the year in which an audit is required under this section, the State Auditor shall engage an independent external auditor to conduct the audit. The external auditor may not be under the direction of any agency subject to the audit under this section.
(c) The State Auditor shall supervise the external auditor to ensure that the audit is conducted in accordance with the requirements of this section.
(d) The audit shall:
(1) examine all state resources used in providing services to homeless individuals, including financial resources, employees, and infrastructure;
(2) according to the purposes of and activities funded by the agencies identified under Subsections (e) and (f), their programs, and participating community service providers, assess the effectiveness and efficiency of the agencies, programs, and providers in helping homeless individuals advance toward self-sufficiency, including an assessment of the percentage of beneficiaries:
(A) who maintain housing for at least 12 months after placement in the housing, disaggregated according to the primary payor for the housing and including payors other than the beneficiary;
(B) whose children are enrolled in school or other educational programs;
(C) if eligible, who:
(i) participate in at least 20 hours per week of paid employment, including paid apprenticeships;
(ii) are engaged in occupational or vocational training programs; and
(iii) earn a living wage, as defined by the applicable local workforce development board;
(D) who are ineligible to participate in at least 20 hours per week of paid employment described by Paragraph (C)(i), disaggregated by the reason for ineligibility;
(E) with mental health needs, who engage in ongoing mental health care services;
(F) with addiction or substance use disorders, who engage in ongoing treatment services;
(G) with a history of involvement with the criminal justice system that continued during the 12-month period following the provision of the applicable services; and
(H) with a history of involvement with the criminal justice system that ceased during the 12-month period following the provision of the applicable services;
(3) make recommendations for:
(A) eliminating poorly performing programs, services, and functions;
(B) ending contractual or funding relationships with poorly performing community service providers;
(C) consolidating duplicative or overlapping programs, services, and functions; and
(D) reallocating state resources to ensure that the outcomes in relation to the criteria described by Subdivision (2) are achieved in the most effective and economical manner; and
(4) based on the effectiveness at achieving the outcomes described by Subdivision (2), rate each applicable agency, program, or community service provider as "unsatisfactory," "satisfactory," or "exemplary."
(e) The following agencies must be included in the audit:
(1) the Texas Department of Housing and Community Affairs;
(2) the Health and Human Services Commission;
(3) the Department of Family and Protective Services;
(4) the Texas Education Agency;
(5) the Texas Workforce Commission;
(6) the Texas Veterans Commission; and
(7) the Texas Department of Criminal Justice.
(f) In addition to the agencies listed in Subsection (e), the State Auditor may select other state agencies for inclusion in the audit.
(g) The external auditor must:
(1) complete the audit not later than the 90th day after the date the auditor is engaged; and
(2) present its results and recommendations to the State Auditor and the heads of the agencies subject to the audit.
(h) Not later than November 1 of the year in which an audit is completed under this section, the State Auditor shall prepare and submit to the governor, the speaker of the house of representatives, the lieutenant governor, and the Legislative Budget Board a report regarding the audit and recommendations for improvement in the agencies, programs, and community service providers assessed by the State Auditor.
(i) The full audit and State Auditor's report must be published on the State Auditor's Internet website.
(j) The audit shall be paid for by using existing resources allocated for the purpose of auditing the agencies identified under Subsections (e) and (f).
The amendment to SB 1803 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 1803 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 1803 ON THIRD READING
Senator Springer moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1803 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 1804 ON SECOND READING
Senator Springer moved to suspend the regular order of business to take up for consideration CSSB 1804 at this time on its second reading:
CSSB 1804, Relating to the definitions of homeless, homelessness, and variations of those terms.
The motion prevailed.
Senator 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: West.
COMMITTEE SUBSTITUTE
SENATE BILL 1804 ON THIRD READING
Senator Springer moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1804 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: West.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
SENATE BILL 2434 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 2434 be placed on its third reading and final passage:
SB 2434, Relating to the dissolution of the SH130 Municipal Management District No. 1.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, Menéndez.
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, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Johnson, LaMantia, Menéndez, Miles, Whitmire.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Monday, May 8, 2023 - 3
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:
SB 604
King
Sponsor: Hefner
Relating to land services performed by a landman.
(Amended)
SB 840
West
Sponsor: Anchía
Relating to increasing the criminal penalty for assault of certain hospital personnel.
(Amended)
SB 1013
Hughes
Sponsor: Noble
Relating to the franchise and insurance premium tax credit for the certified rehabilitation of certified historic structures.
THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 2308 (139 Yeas, 0 Nays, 1 Present, not voting)
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
HOUSE BILL 2183 ON SECOND READING
On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2183 at this time on its second reading:
HB 2183, Relating to the temporary appointment of county jailers.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2183 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 HB 2183 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 1268 ON SECOND READING
Senator Johnson moved to suspend the regular order of business to take up for consideration CSSB 1268 at this time on its second reading:
CSSB 1268, Relating to the payment of insurance deductibles for property insurance claims.
The motion prevailed by the following vote: Yeas 21, Nays 10.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Perry, Schwertner, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hancock, Hughes, King, Middleton, Parker, Paxton, Sparks.
The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1268 ON THIRD READING
Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1268 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Perry, Schwertner, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Hughes, King, Middleton, Paxton, Sparks.
The bill was read third time and was passed by the following vote: Yeas 21, Nays 10.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Perry, Schwertner, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hancock, Hughes, King, Middleton, Parker, Paxton, Sparks.
COMMITTEE SUBSTITUTE
SENATE BILL 1393 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 1393 at this time on its second reading:
CSSB 1393, Relating to eligibility for coverage by the Fair Access to Insurance Requirements Plan in certain areas.
The motion prevailed.
Senators Hughes and Nichols 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: Hughes, Nichols.
COMMITTEE SUBSTITUTE
SENATE BILL 1393 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 1393 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, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hughes, Nichols.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
(Senator Flores in Chair)
SENATE BILL 2615 ON SECOND READING
Senator Eckhardt, on behalf of Senator Menéndez, moved to suspend the regular order of business to take up for consideration SB 2615 at this time on its second reading:
SB 2615, Relating to the creation of the Jones Avenue Municipal Management District; 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 2615 ON THIRD READING
Senator Eckhardt, on behalf of 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 SB 2615 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)
SENATE BILL 1489 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration SB 1489 at this time on its second reading:
SB 1489, Relating to prohibiting the investment of the permanent university fund, the national research university fund, or money held by a public institution of higher education in financial companies that boycott certain energy companies.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 19, Nays 12. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1860 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1860 at this time on its second reading:
CSSB 1860, Relating to the adoption of a climate policy in a municipal charter.
The motion prevailed by the following vote: Yeas 18, Nays 13.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, Nichols, West, Whitmire, Zaffirini.
The bill was read second time.
(President in Chair)
Senator Eckhardt, on behalf of Senator Menéndez, offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1860 (senate committee printing) in SECTION 5 of the bill, adding transition language (page 2, line 2), as follows:
(1) Strike "2026" and substitute "2050".
(2) Strike "2025" and substitute "2049".
MENÉNDEZ
ALVARADO
BLANCO
ECKHARDT
JOHNSON
WHITMIRE
The amendment to CSSB 1860 was read and failed of adoption by the following vote: Yeas 13, Nays 18.
Yeas: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, Nichols, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
CSSB 1860 was passed to engrossment by the following vote: Yeas 18, Nays 13.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, Nichols, West, Whitmire, Zaffirini.
SENATE BILL 2038 WITH HOUSE AMENDMENTS
Senator Bettencourt called SB 2038 from the President's table for consideration of the House amendments to the bill.
The President laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 2038 (house committee printing) as follows:
(1) On page 3, line 18, strike "Section 42.021" and substitute "any other law".
(2) On page 3, line 20, strike "does not become part of" and substitute "may not be included in".
(3) On page 3, line 20, between "jurisdiction" and "of", insert "or the corporate boundaries".
(4) On page 3, line 21, strike "another" and substitute "a".
(5) On page 3, line 21, strike "on release".
(6) On page 3, line 22, between "area" and "request", insert "subsequently".
(7) On page 3, line 22, strike "other".
(8) On page 3, line 23, between "jurisdiction" and the underlined period, insert "or corporate boundaries".
(9) On page 6, line 5, strike "42.021" and substitute "any other law".
(10) On page 6, line 7, strike "does not become part of" and substitute "may not be included in".
(11) On page 6, line 7, between "jurisdiction" and "or", insert "or the corporate boundaries".
(12) On page 6, line 8, strike "another" and substitute "a".
(13) On page 6, line 8, strike "on release".
(14) On page 6, line 9, between "area" and "request", insert "subsequently".
(15) On page 6, line 9, strike "other".
(16) On page 6, line 10, between "jurisdiction" and the underlined period, insert "or the corporate boundaries".
(17) On page 7, line 1, between "terminated" and "and", insert "as to the area".
Floor Amendment No. 2
Amend SB 2038 (house committee printing) as follows:
(1) On page 1, between lines 13 and 14, insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is:
(A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and
(B) in a county with a population of more than two million;
(2) On page 2, line 11, between "election" and the underlined semicolon, insert "date".
Floor Amendment No. 1 on Third Reading
Amend SB 2038 on third reading in SECTION 1 of the bill, in added Section 42.151, Local Government Code, by adding the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:
(____) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is:
(A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and
(B) in a county with a population of more than two million;
Floor Amendment No. 3 on Third Reading
Amend SB 2038 on third reading as follows:
(1) In SECTION 1 of the bill, in added Sections 42.101 and 42.151, Local Government Code, add the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) in an area that was voluntarily annexed into the Extraterritorial jurisdiction that is located in a county:
(A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and
(B) that has a population greater than 240,000;
The amendments were read.
Senator Bettencourt moved to concur in the House amendments to SB 2038.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, Whitmire, Zaffirini.
SENATE RULE 7.07(b) SUSPENDED
(Permission to Introduce)
(Motion In Writing)
Senator Kolkhorst offered the following Motion In Writing:
Mr. President:
I move suspension of Senate Rule 7.07(b) to permit the introduction of the following bill:
SB 2630 by Kolkhorst, Relating to the validation of certain acts of the Austin County Municipal Utility District No. 1.
KOLKHORST
The Motion In Writing was read and prevailed without objection.
SENATE BILL ON FIRST READING
The following bill was introduced, read first time, and referred to the committee indicated:
SB 2630 by Kolkhorst
Relating to the validation of certain acts of the Austin County Municipal Utility District No. 1.
To Committee on Local Government.
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 103 to Committee on State Affairs.
HB 671 to Committee on Veteran Affairs.
HB 677 to Committee on Transportation.
HB 844 to Committee on Criminal Justice.
HB 1073 to Committee on Health and Human Services.
HB 1100 to Committee on Health and Human Services.
HB 1524 to Committee on State Affairs.
HB 1540 to Committee on Water, Agriculture, and Rural Affairs.
HB 1621 to Committee on Local Government.
HB 1703 to Committee on Natural Resources and Economic Development.
HB 1819 to Committee on Jurisprudence.
HB 1927 to Committee on Criminal Justice.
HB 2002 to Committee on Health and Human Services.
HB 2271 to Committee on Water, Agriculture, and Rural Affairs.
HB 3297 to Committee on State Affairs.
HB 3742 to Committee on State Affairs.
HB 5174 to Committee on Finance.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Water, Agriculture, and Rural Affairs might meet upon adjournment today in the Press Room, 2E.9.
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 adjournment today in the Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Creighton and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Education might meet and consider HB 1605 upon adjournment today in the Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Creighton and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee on Higher Education might meet 15 minutes upon adjournment today in the Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Local Government might meet 15 minutes upon adjournment today in the Press Room, 2E.9.
MOMENTS OF SILENCE OBSERVED
At the request of Senator Paxton, the Senate observed a moment of silence in honor of the victims, families, friends, and community impacted by the events of Saturday, May 6, 2023, in Allen.
At the request of Senator LaMantia, the Senate observed a moment of silence in honor of the victims and community impacted by the events of Sunday, May 7, 2023, in Brownsville.
CONFERENCE COMMITTEE REPORT ON
SENATE BILL 500
Senator West submitted the following Conference Committee Report:
Austin, Texas
May 8, 2023
Honorable Dan Patrick
President of the Senate
Honorable Dade Phelan
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SB 500 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the Senate
On the part of the House
A BILL TO BE ENTITLED
AN ACT
relating to the value of a residential dwelling offered or awarded as a prize at a charitable raffle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2002.056(b-1), Occupations Code, is amended to read as follows:
(b-1) The value of a residential dwelling offered or awarded as a prize at a raffle that is purchased by the organization or for which the organization provides any consideration may not exceed $750,000 [$250,000].
SECTION 2. The change in law made by this Act applies only to a charitable raffle conducted under Chapter 2002, Occupations Code, for which a residential dwelling is offered or awarded as a prize on or after the effective date of this Act. A charitable raffle conducted under Chapter 2002, Occupations Code, for which a residential dwelling is offered or awarded as a prize before the effective date of this Act is governed by the law in effect on the date the prize was offered or awarded, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
The Conference Committee Report on SB 500 was filed with the Secretary of the Senate.
CO-AUTHOR OF SENATE BILL 668
On motion of Senator West, Senator Zaffirini will be shown as Co-author of SB 668.
CO-AUTHORS OF SENATE BILL 1146
On motion of Senator West, Senators Blanco and Eckhardt will be shown as Co-authors of SB 1146.
CO-AUTHOR OF SENATE BILL 1217
On motion of Senator Middleton, Senator Kolkhorst will be shown as Co-author of SB 1217.
CO-AUTHOR OF SENATE BILL 1268
On motion of Senator Johnson, Senator West will be shown as Co-author of SB 1268.
CO-AUTHOR OF SENATE BILL 1860
On motion of Senator Hughes, Senator Kolkhorst will be shown as Co-author of SB 1860.
CO-AUTHOR OF SENATE BILL 2080
On motion of Senator Menéndez, Senator Alvarado will be shown as Co-author of SB 2080.
CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 48
On motion of Senator Hall, Senator Eckhardt will be shown as Co-author of SCR 48.
CO-SPONSOR OF HOUSE BILL 25
On motion of Senator Kolkhorst, Senator Blanco will be shown as Co-sponsor of HB 25.
CO-SPONSOR OF HOUSE BILL 279
On motion of Senator Bettencourt, Senator Parker will be shown as Co-sponsor of HB 279.
CO-SPONSORS OF HOUSE BILL 300
On motion of Senator Huffman, Senators Blanco, Kolkhorst, and Springer will be shown as Co-sponsors of HB 300.
CO-SPONSOR OF HOUSE BILL 467
On motion of Senator Flores, Senator Creighton will be shown as Co-sponsor of HB 467.
CO-SPONSOR OF HOUSE BILL 608
On motion of Senator Huffman, Senator Bettencourt will be shown as Co-sponsor of HB 608.
CO-SPONSOR OF HOUSE BILL 914
On motion of Senator Whitmire, Senator Kolkhorst will be shown as Co-sponsor of HB 914.
CO-SPONSOR OF HOUSE BILL 916
On motion of Senator Paxton, Senator LaMantia will be shown as Co-sponsor of HB 916.
CO-SPONSOR OF HOUSE BILL 1588
On motion of Senator Middleton, Senator Hinojosa will be shown as Co-sponsor of HB 1588.
CO-SPONSOR OF HOUSE BILL 2127
On motion of Senator Creighton, Senator Middleton will be shown as Co-sponsor of HB 2127.
CO-SPONSOR OF HOUSE BILL 2575
On motion of Senator Hancock, Senator Alvarado will be shown as Co-sponsor of HB 2575.
CO-SPONSOR OF HOUSE BILL 2802
On motion of Senator Blanco, Senator LaMantia will be shown as Co-sponsor of HB 2802.
CO-SPONSOR OF HOUSE BILL 4015
On motion of Senator Hancock, Senator West will be shown as Co-sponsor of HB 4015.
CO-SPONSOR OF HOUSE BILL 5355
On motion of Senator Sparks, Senator Springer will be shown as Co-sponsor of HB 5355.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SR 521 by Eckhardt, In memory of Jerry Donald Cook.
Congratulatory Resolutions
SR 522 by Eckhardt, Recognizing Dale W. Wilson for his lifesaving actions.
SR 523 by Hughes, Recognizing the 50th reunion of the Winnsboro High School Class of 1973.
SR 525 by Menéndez, Recognizing Youth Empowerment Services, Inc., on its 28th anniversary.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 3:51 p.m. adjourned, in memory of the victims in the cities of Allen and Brownsville, 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 8, 2023
EDUCATION — CSSB 2273
HEALTH AND HUMAN SERVICES — HB 1488, SB 2628, HB 290, HB 474, HB 492, SB 842, CSSB 1342, CSSB 2489, CSSB 2086, CSSB 1584
LOCAL GOVERNMENT — CSSB 2570
EDUCATION — CSSB 2422
STATE AFFAIRS — CSHB 4
HEALTH AND HUMAN SERVICES — CSHB 1575, CSSB 2009, CSSB 1930
WATER, AGRICULTURE, AND RURAL AFFAIRS — HB 59, HB 3582
FINANCE — HB 4015, SB 1438, HB 3651, HB 1038, HB 3345, SB 1836
HEALTH AND HUMAN SERVICES — CSHB 852, HB 1106
BILLS ENGROSSED
May 8, 2023
SB 1146, SB 1217, SB 1251, SB 1268, SB 1393, SB 1803, SB 1804, SB 2434, SB 2598, SB 2615, SB 2616
BILLS AND RESOLUTIONS ENROLLED
May 8, 2023
SB 271, SB 281, SB 412, SB 415, SB 507, SB 508, SB 510, SB 569, SB 580, SB 617, SB 699, SB 761, SB 806, SB 818, SB 957, SB 1013, SB 1023, SB 1093, SB 1158, SB 1210, SB 1249, SB 1259, SB 1286, SB 1322, SB 1495, SB 1527, SB 1577, SB 1588, SB 1639, SB 1645, SB 1646, SB 1758, SB 1831, SB 1837, SB 1839, SB 1852, SB 1866, SB 1914, SB 1985, SB 1991, SB 2038, SB 2069, SB 2101, SB 2193, SB 2214, SB 2221, SCR 44, SR 521, SR 522, SR 523, SR 524, SR 525
SENT TO GOVERNOR
May 8, 2023
SB 49, SB 423, SB 593, SB 929, SB 1002, SB 1170, SB 1222, SB 1332, SB 1425, SB 1469, SB 1509, SB 1523, SB 1563, SB 1615, SB 1741, SB 2171