FIFTY-SIXTH DAY
(Thursday, May 18, 2023)
The Senate met at 12:28 p.m. pursuant to adjournment and was called to order by Senator Birdwell.
The roll was called and the following Senators were present: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
The Presiding Officer announced that a quorum of the Senate was present.
Pastor Ben Rosenberger, First Baptist Church, Victoria, offered the invocation as follows:
God, first, I want to pause and say thank You for Your grace, mercy, and sustaining love. Thank You for Your steadfast kindness that is demonstrated every day each time we are blessed to open our eyes once again each morning. Your gift of life, a blessing undeserved, is certainly worth acknowledging and saying thank You for. Secondly, God, please guide leaders in our country to humble their hearts as they lead regarding a healthy awareness of a divine creator who has guided our country to find worth, value, and dignity in all human beings. Guide our leaders to conduct themselves with such humility, as they have been divinely placed for such a time and elected to be leaders that will ultimately be accountable to You, God. Thirdly and finally, God, please help the Senate be guided by Your wisdom and drawn to be in tune with You more and more as they seek to genuinely commune with You. As our leaders choose to humbly seek You, please let them be guided with personal divine conviction themselves to guide our country in the face of ever-increasing real problems facing the American people: from division to materialism to environments of hypocrisy, and so many more challenges that we desperately need our leaders to collectively lead our country through. Lord, lead us and lead our leaders. It's in Your name I pray. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, May 18, 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:
Paying tribute to the Texas service members killed in action who are being honored at the 2023 Fallen Heroes Memorial Service.
SB 15
Middleton
Sponsor: Swanson
|
Relating to requiring public institution of higher education students who compete in intercollegiate athletic competitions to compete based on biological sex.
(Committee Substitute)
SB 48
Zaffirini
Sponsor: Leach
|
Relating to standardized forms and materials for the issuance of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
(Amended)
SB 246
Alvarado
Sponsor: Goldman
|
Relating to the regulation of motor fuel metering devices and motor fuel quality.
SB 538
King
Sponsor: Raymond
|
Relating to the use of appropriated money by the Texas State Guard for recruiting and retention purposes.
SB 614
Perry
Sponsor: Frank
|
Relating to certain procedures relating to children placed under a parental child safety placement.
(Amended)
SB 786
Birdwell
Sponsor: Darby
|
Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.
SB 1089
Parker
Sponsor: Capriglione
|
Relating to repealing the ability to declare certain unopposed candidates for office as elected.
SB 1245
Huffman
Sponsor: Bonnen
|
Relating to contributions to, benefits from, and the administration of the Judicial Retirement System of Texas Plan Two.
(Amended)
SB 1340
Zaffirini
Sponsor: Meyer
|
Relating to the local development agreement database maintained by the comptroller of public accounts.
SB 1361
Huffman
Sponsor: Burrows
|
Relating to the unlawful production or distribution of sexually explicit videos using deep fake technology; creating a criminal offense.
SB 1364
Alvarado
Sponsor: Lujan
|
Relating to weight limitations for certain natural gas or electric vehicles.
SB 1447
Miles
Sponsor: Campos
|
Relating to a training program for persons investigating suspected child abuse or neglect.
SB 1599
Hughes
Sponsor: Bucy
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Relating to ballots voted by mail.
(Committee Substitute)
SB 1932
Creighton
Sponsor: King, Ken
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Relating to authorizing secondary wine sales; authorizing an administrative penalty.
SB 2010
Schwertner
Sponsor: Slawson
|
Relating to required reporting by the wholesale electric market monitor for the ERCOT power region.
SB 2289
Huffman
Sponsor: Bonnen
|
Relating to the exemption from ad valorem taxation of equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain.
SCR 2
Nichols
Sponsor: Canales
|
Extending the duty of the comptroller of public accounts under Section 7-c, Article VIII, Texas Constitution, to deposit certain tax revenue to the state highway fund.
SJR 87
Huffman
Sponsor: Bonnen
|
Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
PHYSICIAN OF THE DAY
Senator Nichols was recognized and presented Dr. Paula Denson of Woodville as the Physician of the Day.
The Senate welcomed Dr. Denson and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Eckhardt was recognized and introduced to the Senate Claire Bugen, Texas School for the Deaf Superintendent, accompanied by Evangeline Diaz, Jayden Diaz, Viktorya Dovbina, Tyler Landry, Lev Shayman, Tamara Tadevosyan, and Tobie Thompson, and congratulated her on her 25 years of service.
The Senate welcomed its guests.
SENATE RESOLUTION 545
Senator Middleton offered the following resolution:
SR 545, Recognizing Wallace R. Hogan on the occasion of his retirement.
The resolution was read and was adopted without objection.
GUEST PRESENTED
Senator Middleton was recognized and introduced to the Senate Captain Wallace R. Hogan.
The Senate welcomed its guest.
SENATE RESOLUTION 568
Senator Johnson offered the following resolution:
SR 568, Recognizing RIGHT Care Program for its contributions to mental health care.
JOHNSON
WEST
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Johnson was recognized and introduced to the Senate representatives of the Rapid Integrated Group Healthcare Team Program (RIGHT Care) including Director Kevin Oden, Manager Tabitha Castillo, Dallas Senior Government Affairs Manager Victoria Moe, and Dallas Government Affairs Coordinator Linley Youderian.
The Senate welcomed its guests.
NOMINATION RETURNED
(Motion In Writing)
Senator Campbell submitted the following Motion In Writing:
Mr. President:
I move that the nomination of Justin Berry to be a member of the Texas Commission on Law Enforcement be withdrawn from the Committee on Nominations, and I further move that the nomination be returned to the Governor pursuant to his request.
CAMPBELL
The Motion In Writing was read and prevailed without objection.
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 12:50 p.m. announced the conclusion of morning call.
HOUSE BILL 1427 ON SECOND READING
On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1427 at this time on its second reading:
HB 1427, Relating to the prosecution of the offense of harassment.
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 1427 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 HB 1427 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2867 ON SECOND READING
Senator Eckhardt moved to suspend the regular order of business to take up for consideration HB 2867 at this time on its second reading:
HB 2867, Relating to the date of dissolution of the Save Historic Muny District.
The motion prevailed.
Senators 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hughes, Middleton.
Present-not voting: Kolkhorst.
HOUSE BILL 2867 ON THIRD READING
Senator Eckhardt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2867 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hughes, Middleton.
Present-not voting: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 2, Present-not voting 1. (Same as previous roll call)
HOUSE BILL 2154 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 2154 at this time on its second reading:
HB 2154, Relating to the adoption of physical fitness programs and standards for law enforcement officers employed by the office of the attorney general.
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 2154 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 2154 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
HOUSE BILL 2416 ON SECOND READING
On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2416 at this time on its second reading:
CSHB 2416, Relating to creation of the gulf coast protection trust fund to be administered by the General Land Office.
The bill was read second time.
Senator Alvarado offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2416 (senate committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. Subchapter C, Chapter 31, Natural Resources Code, is amended by adding Section 31.070 to read as follows:
Sec. 31.070. GULF COAST PROTECTION ACCOUNT. (a) The gulf coast protection account is a dedicated account in the general revenue fund administered by the land office under this section and rules adopted by the land office.
(b) The gulf coast protection account consists of money from:
(1) gifts, donations, and grants, including federal grants; and
(2) money appropriated, credited, or transferred to the account by the legislature.
(c) The land office shall deposit to the credit of the gulf coast protection account any federal money received by the state for the protection of the gulf coast, to the extent permitted by federal law.
(d) Money in the gulf coast protection account may be used only to pay for expenditures that:
(1) are eligible for credit towards the non-federal match of the Coastal Texas Protection and Restoration Feasibility Study Final Integrated Feasibility Report and Environmental Impact Statement issued by the Galveston District, Southwestern Division, of the United States Army Corps of Engineers;
(2) comply with the terms of a local cooperation agreement executed by the land office and the Gulf Coast Protection District established under Chapter 9502, Special District Local Laws Code; and
(3) are for projects that are necessary or useful for the protection of the portion of the gulf coast located within the territory of the district.
(e) The legislature finds that the expenditure of money in the gulf coast protection account in accordance with Subsection (d) serves a public purpose.
(f) The expenditure of money in the gulf coast protection account is subject to audit by the state auditor.
SECTION 2. This Act takes effect September 1, 2023.
The amendment to CSHB 2416 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.
CSHB 2416 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 2416 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2416 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
HOUSE BILL 1710 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1710 at this time on its second reading:
CSHB 1710, Relating to notice provided to a court regarding a defendant confined in a state jail felony facility.
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.
COMMITTEE SUBSTITUTE
HOUSE BILL 1710 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 CSHB 1710 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 1911 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1911 at this time on its second reading:
HB 1911, Relating to the confidentiality of certain home address information in ad valorem tax appraisal records.
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 1911 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1911 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 1817 ON SECOND READING
On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1817 at this time on its second reading:
HB 1817, Relating to the validity of a contract for which a disclosure of interested parties is required.
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 1817 ON THIRD READING
Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1817 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 844 ON SECOND READING
On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration HB 844 at this time on its second reading:
HB 844, Relating to crime victims' compensation for criminally injurious conduct in connection with trafficking of persons.
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 844 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 HB 844 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
HOUSE BILL 1034 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration CSHB 1034 at this time on its second reading:
CSHB 1034, Relating to authorizing certain counties to impose a hotel occupancy tax and the use of revenue from that tax.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hancock, Hughes, Kolkhorst, Middleton.
The bill was read second time and was passed to third reading by the following vote: Yeas 24, Nays 7. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 1034 ON THIRD READING
Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1034 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, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Creighton, Hall, Hancock, Hughes, Kolkhorst, Middleton.
The bill was read third time and was passed by the following vote: Yeas 24, Nays 7.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hall, Hancock, Hughes, Kolkhorst, Middleton.
COMMITTEE SUBSTITUTE
HOUSE BILL 1527 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1527 at this time on its second reading:
CSHB 1527, Relating to the relationship between dentists and certain employee benefit plans and health insurers.
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.
COMMITTEE SUBSTITUTE
HOUSE BILL 1527 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 CSHB 1527 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 3186 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3186 at this time on its second reading:
HB 3186, Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.
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 3186 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 HB 3186 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 3660 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3660 at this time on its second reading:
HB 3660, Relating to a defense to prosecution for the offense of cruelty to nonlivestock animals under certain circumstances.
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 3660 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 HB 3660 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 4906 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for consideration HB 4906 at this time on its second reading:
HB 4906, Relating to the installation and use of tracking equipment and access to certain communications by certain peace officers.
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 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 except as follows:
Nays: Hall.
HOUSE BILL 4906 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 HB 4906 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)
COMMITTEE SUBSTITUTE
HOUSE BILL 3059 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSHB 3059 at this time on its second reading:
CSHB 3059, Relating to the export fee charged for the transfer of groundwater from a groundwater conservation district.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Campbell, Hall, Hughes, King, Middleton, Parker.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 3059 (senate committee report) in SECTION 1 of the bill amending Section 36.122, Water Code, as follows:
(1) In the recital (page 1, line 26), strike "and (e-3)" and substitute "(e-3), and (e-4)".
(2) Immediately following added Subsection (e-3) (page 1, between lines 52 and 53), insert the following:
(e-4) A well exempt from the district's permit requirements under Section 36.117, Water Code, is exempt from a fee the district may impose under Subsection (e) or (e-2).
The amendment to CSHB 3059 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 3059 (senate committee printing) in SECTION 2 of the bill amending Section 36.207, Water Code, as follows:
(1) On page 1, line 58, between "FEES." and "A", insert "(a)".
(2) On page 2, between lines 9 and 10, insert the following:
(b) A district may use funds obtained from an increase in an export fee imposed under Section 36.122 on or after September 1, 2023, only to maintain the operability of wells significantly affected by groundwater development to allow for the highest practicable level of groundwater production while achieving the desired future conditions established under Section 36.108.
The amendment to CSHB 3059 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.
CSHB 3059 as amended was passed to third reading by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Campbell, Hall, Hughes, King, Middleton, Parker.
COMMITTEE SUBSTITUTE
HOUSE BILL 3059 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3059 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, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Campbell, Hall, Hughes, King, Middleton, Parker.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 9 ON SECOND READING
Senator Huffman moved to suspend the regular order of business to take up for consideration CSHB 9 at this time on its second reading:
CSHB 9, Relating to the development and funding of broadband and telecommunications services.
The motion prevailed.
Senator Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Huffman offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 9 (senate committee report) in SECTION 1 of the bill, in added Section 403.604, Government Code, as follows:
(1) In added Subsection (b) (page 2, line 28), strike "and in the name of".
(2) In added Subsection (d):
(A) On page 2, lines 37 and 38, strike "The trust company has any power necessary to accomplish the purposes of managing and investing the assets of the fund.".
(B) On page 2, lines 39 and 40, strike "through procedures and subject to restrictions the trust company considers appropriate,".
The amendment to CSHB 9 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 Nichols offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 9 (senate committee report) in SECTION 1 of the bill, in added Section 403.603, Government Code (page 2, between lines 23 and 24), by adding the following appropriately lettered subsection:
(_) For the purposes of Subsection (c)(5), the comptroller:
(1) shall consider an applicant's potential contribution toward matching the funds for federal money provided for the Broadband Equity, Access, and Deployment Program; and
(2) may only provide state matching funds if a state contribution is necessary for the economic feasibility of a proposed project.
The amendment to CSHB 9 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.
CSHB 9 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Middleton.
COMMITTEE SUBSTITUTE
HOUSE BILL 9 ON THIRD READING
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 9 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Middleton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE JOINT RESOLUTION 125 ON SECOND READING
Senator Huffman moved to suspend the regular order of business to take up for consideration CSHJR 125 at this time on its second reading:
CSHJR 125, Proposing a constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.
The motion prevailed.
Senator Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
The resolution was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on passage to third reading except as follows:
Nays: Middleton.
COMMITTEE SUBSTITUTE
HOUSE JOINT RESOLUTION 125 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 CSHJR 125 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Middleton.
The resolution was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, May 18, 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:
SJR 3
Bettencourt
Sponsor: Meyer
|
Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of real property for ad valorem tax purposes, to increase the amount of an exemption from ad valorem taxation by a school district applicable to residence homesteads, to adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts, and to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations.
(Committee Substitute)
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
HOUSE BILL 671 ON SECOND READING
Senator Eckhardt moved to suspend the regular order of business to take up for consideration HB 671 at this time on its second reading:
HB 671, Relating to a veterans suicide prevention campaign.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Schwertner.
HOUSE BILL 671 ON THIRD READING
Senator Eckhardt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 671 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 1769 ON SECOND READING
On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1769 at this time on its second reading:
HB 1769, Relating to the statute of limitations for certain offenses committed against children.
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 1769 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1769 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 387 ON SECOND READING
On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration HB 387 at this time on its second reading:
HB 387, Relating to the Texas State Guard uniform and insignia fund.
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 387 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 387 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 3025 ON SECOND READING
On motion of Senator Middleton and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3025 at this time on its second reading:
HB 3025, Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.
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 3025 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 HB 3025 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 639 ON SECOND READING
Senator LaMantia moved to suspend the regular order of business to take up for consideration HB 639 at this time on its second reading:
HB 639, Relating to the number of temporary licenses to conduct bingo issued to certain authorized organizations in a calendar year.
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 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 except as follows:
Nays: Hall.
HOUSE BILL 639 ON THIRD READING
Senator LaMantia moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 639 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)
COMMITTEE SUBSTITUTE
HOUSE BILL 2194 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSHB 2194 at this time on its second reading:
CSHB 2194, Relating to establishing a "Made in Texas" labeling program.
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 Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2194 (senate committee report) in SECTION 1 of the bill in added Section 490D.052, Government Code (page 1, line 52), by striking "of wine" and substituting the following:
of:
(1) wine; or
(2) Texas agricultural products, as defined by Section 12.0175, Agriculture Code
The amendment to CSHB 2194 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.
CSHB 2194 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hall.
COMMITTEE SUBSTITUTE
HOUSE BILL 2194 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 CSHB 2194 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)
HOUSE BILL 3553 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3553 at this time on its second reading:
HB 3553, Relating to increasing the criminal penalty for the offense of trafficking of persons if committed at certain locations.
The bill was read second time.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 3553 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter D, Chapter 12, Penal Code, is amended by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON PREMISES OF POSTSECONDARY EDUCATIONAL INSTITUTION. (a) In this section:
(1) "Postsecondary educational institution" means:
(A) an institution of higher education or a private or independent institution of higher education as defined by Section 61.003, Education Code; or
(B) a career school or college as defined by Section 132.001, Education Code.
(2) "Premises" means real property and all buildings and appurtenances pertaining to the real property.
(b) Except as provided by Subsection (c), if it is shown on the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17 that the offense was committed in a location that was on the premises of a postsecondary educational institution, the category of punishment for the offense is increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class B misdemeanor;
(2) a Class B misdemeanor is increased to a Class A misdemeanor;
(3) a Class A misdemeanor is increased to a state jail felony; and
(4) a state jail felony is increased to a felony of the third degree.
(c) For an offense otherwise punishable under Subsection (b), if it is shown on the trial of the offense that the person has been previously convicted twice of an offense under Section 21.07, 21.08, 21.15, or 21.17 for which the punishment was increased under Subsection (b), the category of punishment for the offense is increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class A misdemeanor;
(2) a Class B misdemeanor is increased to a state jail felony;
(3) a Class A misdemeanor is increased to a felony of the third degree; and
(4) a state jail felony is increased to a felony of the second degree.
(d) If the punishment scheme for an offense under Section 21.07, 21.08, 21.15, or 21.17 contains a specific enhancement provision increasing punishment to a higher minimum term of punishment than the minimum term required by the applicable higher category of offense prescribed by Subsection (b) or (c), the specific enhancement provision controls over this section.
(e) A previous conviction may be used for purposes of enhancement under this section or under another provision of Subchapter D, Chapter 12, but not under both this section and the other provision.
The amendment to HB 3553 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.
HB 3553 as amended 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 3553 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3553 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 3554 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3554 at this time on its second reading:
HB 3554, Relating to increasing the criminal penalty for the offense of trafficking of persons if committed at certain locations.
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 3554 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3554 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 1558 ON SECOND READING
Senator Whitmire moved to suspend the regular order of business to take up for consideration HB 1558 at this time on its second reading:
HB 1558, Relating to the extension or amendment of deed restrictions in certain older subdivisions.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hughes, Middleton, Springer.
The bill was read second time.
Senator Whitmire offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 1558 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 216.001, Property Code, immediately following added Subdivision (7) of that section (page 1, between lines 57 and 58), add the following appropriately numbered subdivision to the section:
( ) "University" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code. The term includes a university's affiliate entity, including an endowment instrument, and a unit, division, institution, or agency established to operate as a component part of a university.
(2) In added Section 216.003(a)(2)(A), Property Code (page 2, line 25), between "(A)" and "did", insert "for at least one section of the subdivision,".
(3) In added Section 216.003(a)(2)(C), Property Code, between "(C)" and "could" (page 2, line 29), insert "under the common law of this state".
(4) In added Section 216.003(a)(2)(C)(ii), Property Code (page 2, line 33), immediately following the underlined semicolon, strike "or" and substitute "and".
(5) In added Section 216.003, Property Code (page 2, lines 44-48), strike added Subsection (d) and substitute the following:
(d) This chapter does not apply to:
(1) a residential subdivision described by Section 209.0041(b);
(2) a condominium, as defined by Section 81.002 or 82.003;
(3) any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or
(4) property that is owned by a university that was owned by the university on the effective date of this chapter.
(6) In added Section 216.007(a), Property Code (page 3, line 22), between "lots" and the underlined period, insert ", but not including any parcels or tracts excluded from applicability of this chapter under Section 216.003(d)".
(7) In added Section 216.007(b), Property Code (page 3, lines 24 through 25), strike ", including any annex," and substitute "other than property excluded from applicability of this chapter under Section 216.003(d)".
The amendment to HB 1558 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.
HB 1558 as amended was passed to third reading by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hughes, Middleton, Springer.
HOUSE BILL 1558 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1558 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Bettencourt, Creighton, Hughes, Middleton, Springer.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
SENATE RULE 5.14(a) SUSPENDED
(Intent Calendar)
(Motion In Writing)
Senator Hughes submitted the following Motion In Writing:
Mr. President:
I move suspension of Senate Rule 5.14, the Intent Calendar rule, in order to move the Intent Calendar deadline to 5:30 p.m. today.
HUGHES
The Motion In Writing was read and prevailed without objection.
HOUSE BILL 1184 ON SECOND READING
Senator Johnson moved to suspend the regular order of business to take up for consideration HB 1184 at this time on its second reading:
HB 1184, Relating to access to criminal history record information for use in certain research or statistical projects.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Perry, Sparks, West, Whitmire, Zaffirini.
Nays: Hughes, Middleton, Paxton, Schwertner, Springer.
The bill was read second time and was passed to third reading by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
HOUSE BILL 1184 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 HB 1184 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Perry, Sparks, West, Whitmire, Zaffirini.
Nays: Hughes, Middleton, Paxton, Schwertner, Springer.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 4034 ON SECOND READING
Senator Johnson moved to suspend the regular order of business to take up for consideration CSHB 4034 at this time on its second reading:
CSHB 4034, Relating to certain disability and death benefits payable by the public retirement systems for police and fire fighters in certain municipalities.
The motion prevailed.
Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Schwertner.
COMMITTEE SUBSTITUTE
HOUSE BILL 4034 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 CSHB 4034 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Schwertner.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 4421 ON SECOND READING
On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4421 at this time on its second reading:
HB 4421, Relating to qualifications for and limitations on awarding the Texas Legislative Medal of Honor.
The bill was read second time.
Senator Hall offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 4421 (senate committee report) in SECTION 1 of the bill, amending Section 437.351(d), Government Code (page 1, lines 23 through 35), by striking lines 31 through 35 and substituting the following:
(1) one service member for service in the state or federal military forces during the period beginning after 1835 but before 1956; [and]
(2) one service member for service in the state or federal military forces during the period beginning after January 1, 1956 but before September 11, 2001; and
(3) one service member for service in the state or federal military forces on or after September 11, 2001 [1955].
The amendment to HB 4421 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.
HB 4421 as amended 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 4421 ON THIRD READING
Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4421 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2850 REREFERRED
(Motion In Writing)
Senator Hughes submitted a Motion In Writing requesting that HB 2850 be withdrawn from the Committee on Jurisprudence and rereferred to the Committee on State Affairs.
The Motion In Writing was read and prevailed without objection.
HOUSE BILL 4456 REREFERRED
(Motion In Writing)
Senator Bettencourt submitted a Motion In Writing requesting that HB 4456 be withdrawn from the Committee on Education and rereferred to the Committee on Local Government.
The Motion In Writing was read and prevailed without objection.
HOUSE JOINT RESOLUTION 132 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration HJR 132 at this time on its second reading:
HJR 132, Proposing a constitutional amendment prohibiting the imposition of an individual net worth or wealth tax.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West, Whitmire, Zaffirini.
The resolution was read second time and was passed to third reading by the following vote: Yeas 22, Nays 9. (Same as previous roll call)
(Senator Flores in Chair)
HOUSE BILL 63 ON THIRD READING
Senator Sparks moved to suspend the regular order of business to take up for consideration HB 63 at this time on its third reading and final passage:
HB 63, Relating to reports of child abuse or neglect and certain preliminary investigations of those reports.
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.
The bill was read third time and was passed by the following vote: Yeas 20, Nays 11. (Same as previous roll call)
HOUSE BILL 246 ON THIRD READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration HB 246 at this time on its third reading and final passage:
HB 246, Relating to establishing a pilot program for recording ballot counting activity.
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)
HOUSE BILL 1825 ON SECOND READING
Senator Birdwell moved to suspend the regular order of business to take up for consideration HB 1825 at this time on its second reading:
HB 1825, Relating to the consumption, possession, and sale of alcoholic beverages at certain performing arts facilities owned by certain school districts.
The motion prevailed.
Senators Hall, Hughes, Kolkhorst, Middleton, and Perry asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hall, Hughes, Kolkhorst, Middleton, Perry.
HOUSE BILL 1825 ON THIRD READING
Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1825 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes, Kolkhorst, Middleton, Perry.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
HOUSE BILL 3162 ON SECOND READING
On motion of Senator Springer and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3162 at this time on its second reading:
HB 3162, Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.
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 3162 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 HB 3162 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 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.
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 Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Schwertner and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Business and Commerce might meet and consider the following bills at 8:30 a.m. tomorrow in Room E1.036: HB 139, HB 173, HB 4579.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Kolkhorst and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services might meet upon recess today in the Betty King Committee Room.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Middleton 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 10 minutes upon recess today in the Press Room, 2E.9.
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 and consider the following bills at 7:30 a.m. tomorrow in Room E1.012: HB 3744, HB 4820.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Creighton and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee on Higher Education might meet upon recess today in the Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Nichols and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Transportation might meet and consider HB 923 at 8:00 a.m. tomorrow in Room E1.016.
RECESS
On motion of Senator Whitmire, the Senate at 3:44 p.m. recessed until 4:30 p.m. today.
AFTER RECESS
The Senate met at 4:58 p.m. and was called to order by Senator Birdwell.
HOUSE BILL 2660 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration HB 2660 at this time on its second reading:
HB 2660, Relating to the duties of a law enforcement agency regarding missing children and missing persons.
The motion prevailed.
Senator Perry asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Hancock offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2660 (senate committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1. This Act may be cited as Tim's Law.
SECTION 2. Article 2.13(c), Code of Criminal Procedure, is amended to read as follows:
(c) It is the duty of every officer to take possession of a child under Article 63.00905(g) [63.009(g)].
SECTION 3. The heading to Article 63.009, Code of Criminal Procedure, is amended to read as follows:
Art. 63.009. LAW ENFORCEMENT REQUIREMENTS GENERALLY.
SECTION 4. Articles 63.009(a), (d), and (f), Code of Criminal Procedure, are amended to read as follows:
(a) A law enforcement agency, on receiving a report of a [missing child or] missing person, shall:
(1) [if the subject of the report is a child and the child is at a high risk of harm or is otherwise in danger or] if the subject of the report is a person who is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury, immediately start an investigation in order to determine the present location of the [child or] person;
(2) if the subject of the report is a [child or] person other than a [child or] person described by Subdivision (1), start an investigation with due diligence in order to determine the present location of the [child or] person;
(3) immediately, but not later than two hours after receiving the report, enter the name of the [child or] person into the clearinghouse and the national crime information center missing person file if the [child or] person meets the center's criteria, and report that name to the Alzheimer's Association Safe Return emergency response center if applicable, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the [missing child or] missing person;
(4) not later than 48 hours after receiving the report, electronically submit to each municipal or county law enforcement agency within 200 miles the report and any information that may help determine the present location of the person;
(5) not later than the 60th day after the date the agency receives the report, enter the name of the [child or] person into the National Missing and Unidentified Persons System, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the [missing child or] missing person; and
(6) [(5)] inform the person who filed the report of the [missing child or] missing person that the information will be:
(A) entered into the clearinghouse, the national crime information center missing person file, and the National Missing and Unidentified Persons System; [and]
(B) reported to the Alzheimer's Association Safe Return emergency response center if applicable; and
(C) submitted to each municipal or county law enforcement agency within 200 miles.
(d) If a local law enforcement agency investigating a report of a [missing child or] missing person obtains a warrant for the arrest of a person for taking or retaining the [missing child or] missing person, the local law enforcement agency shall immediately enter the name and other descriptive information of the person into the national crime information center wanted person file if the person meets the center's criteria. The local law enforcement agency shall also enter all available identifying features, including dental records, fingerprints, and other physical characteristics of the [missing child or] missing person. The information shall be cross-referenced with the information in the national crime information center missing person file.
(f) Immediately after the return of a [missing child or] missing person or the identification of an unidentified body, the local law enforcement agency having jurisdiction of the investigation shall:
(1) clear the entry in the national crime information center database; and
(2) notify the National Missing and Unidentified Persons System.
SECTION 5. Subchapter A, Chapter 63, Code of Criminal Procedure, is amended by adding Article 63.00905 to read as follows:
Art. 63.00905. LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF MISSING CHILD. (a) Regardless of the jurisdiction in which the child went missing, a law enforcement agency, on receiving a report of a missing child, shall:
(1) immediately start an investigation in order to determine the present location of the child;
(2) immediately, but not later than two hours after receiving the report, enter the name of the child into the clearinghouse and the national crime information center missing person file if the child meets the center's criteria, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child;
(3) immediately, but not later than two hours after the agency receives the report, enter the applicable information into the Texas Law Enforcement Telecommunications System or a successor system of telecommunication used by law enforcement agencies and operated by the Department of Public Safety;
(4) not later than 48 hours after receiving the report, electronically submit to each municipal or county law enforcement agency within 200 miles the report and any information that may help determine the present location of the child;
(5) not later than the 30th day after the date the agency receives the report, enter the name of the child into the National Missing and Unidentified Persons System, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child; and
(6) inform the person who filed the report of the missing child that the information will be:
(A) entered into the clearinghouse, the national crime information center missing person file, and the National Missing and Unidentified Persons System; and
(B) submitted to each municipal or county law enforcement agency within 200 miles.
(b) A local law enforcement agency, on receiving a report of a child missing under the circumstances described by Article 63.001(3)(D) for a period of not less than 48 hours, shall immediately make a reasonable effort to locate the child and determine the well-being of the child. On determining the location of the child, if the agency has reason to believe that the child is a victim of abuse or neglect as defined by Section 261.001, Family Code, the agency:
(1) shall notify the Department of Family and Protective Services; and
(2) may take possession of the child under Subchapter B, Chapter 262, Family Code.
(c) The Department of Family and Protective Services, on receiving notice under Subsection (b), may initiate an investigation into the allegation of abuse or neglect under Section 261.301, Family Code, and take possession of the child under Chapter 262, Family Code.
(d) Information not immediately available when the original entry is made shall be entered into the clearinghouse, the national crime information center file, and the National Missing and Unidentified Persons System as a supplement to the original entry as soon as possible.
(e) If a local law enforcement agency investigating a report of a missing child obtains a warrant for the arrest of a person for taking or retaining the missing child, the local law enforcement agency shall immediately enter the name and other descriptive information of the person into the national crime information center wanted person file if the person meets the center's criteria. The local law enforcement agency shall also enter all available identifying features, including dental records, fingerprints, and other physical characteristics of the missing child. The information shall be cross-referenced with the information in the national crime information center missing person file.
(f) Immediately after the return of a missing child, the local law enforcement agency having jurisdiction of the investigation shall:
(1) clear the entry in the national crime information center database; and
(2) notify the National Missing and Unidentified Persons System.
(g) On determining the location of a child, other than a child who is subject to the continuing jurisdiction of a district court, an officer shall take possession of the child and shall deliver or arrange for the delivery of the child to a person entitled to possession of the child. If the person entitled to possession of the child is not immediately available, the law enforcement officer shall deliver the child to the Department of Family and Protective Services.
SECTION 6. Article 63.0091, Code of Criminal Procedure, is amended to read as follows:
Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety director of the Department of Public Safety shall adopt rules regarding the procedures for a local law enforcement agency on receiving a report of a missing child who:
(1) had been reported missing on four or more occasions in the 24-month period preceding the date of the current report;
(2) is in foster care or in the conservatorship of the Department of Family and Protective Services and had been reported missing on two or more occasions in the 24-month period preceding the date of the current report; or
(3) is [under 14 years of age and otherwise determined by the local law enforcement agency or the Department of Public Safety to be] at a high risk of human trafficking, sexual assault, exploitation, abuse, or neglectful supervision for any reason the agency considers to be high risk, including because the missing child:
(A) disappeared while in a dangerous environment;
(B) has mental or behavioral health needs;
(C) previously exhibited signs of mental illness;
(D) has an intellectual or developmental disability; or
(E) is known to have been last seen or in communication with an adult unknown to the child's family or legal guardian.
(b) The rules adopted under this article must require that:
(1) in entering information regarding the report into the national crime information center missing person file as required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing child described by Subsection (a), the local law enforcement agency shall indicate, in the manner specified in the rules, that the child is at a high risk of harm and include relevant information regarding:
(A) any prior occasions on which the child was reported missing; and
(B) the circumstances considered when designating the child as high risk; and
(2) the local law enforcement agency that receives a report of a missing child described by Subsection (a)(3) shall:
(A) reasonably escalate the response; and
(B) immediately, but not later than two hours after receiving the report, notify all law enforcement agencies within 100 miles, including agencies from other states, of the circumstances and high risk designation of the missing child.
(c) If, at the time the initial entry into the national crime information center missing person file is made, the local law enforcement agency has not determined that the requirements of this article apply to the report of the missing child, the information required by Subsection (b)(1) [(b)] must be added to the entry promptly after the agency investigating the report or the Department of Public Safety determines that the missing child is described by Subsection (a).
SECTION 7. Section 1701.253, Occupations Code, is amended by adding Subsection (q) to read as follows:
(q) As part of the minimum curriculum requirements, the commission shall establish a basic education and training program on missing children and missing persons, including instruction on the associated reporting requirements under Chapter 63, Code of Criminal Procedure. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter unless the officer completes the program as part of the officer's basic training course.
SECTION 8. Subchapter F, Chapter 1701, Occupations Code, is amended by adding Section 1701.2581 to read as follows:
Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission shall make available to each officer a voluntary advanced education and training program on missing children and missing persons. The program must include instruction on the associated reporting requirements under Chapter 63, Code of Criminal Procedure.
SECTION 9. The following provisions of the Code of Criminal Procedure are repealed:
(1) Articles 63.009(a-1), (a-2), and (g); and
(2) Article 63.0092.
SECTION 10. The changes in law made by this Act to Chapter 63, Code of Criminal Procedure, apply only to the report of a missing person or missing child that is made to a law enforcement agency on or after the effective date of this Act. The report of a missing person or missing child that is made to a law enforcement agency before the effective date of this Act is governed by the law in effect when the report was made, and the former law is continued in effect for that purpose.
SECTION 11. Section 1701.253(q), Occupations Code, as added by this Act, applies only to a person who submits an application for a peace officer license under Chapter 1701, Occupations Code, on or after January 1, 2025. A person who submits an application for a peace officer license under Chapter 1701, Occupations Code, before January 1, 2025, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 12. Not later than December 1, 2024, the Texas Commission on Law Enforcement shall:
(1) establish the training programs required by Sections 1701.253(q) and 1701.2581, Occupations Code, as added by this Act; and
(2) adopt the rules necessary to implement Sections 1701.253(q) and 1701.2581, Occupations Code, as added by this Act.
SECTION 13. This Act takes effect September 1, 2023.
The amendment to HB 2660 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.
HB 2660 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Perry.
HOUSE BILL 2660 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 HB 2660 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Perry.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 1631 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration HB 1631 at this time on its second reading:
HB 1631, Relating to hours of service by an election watcher.
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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: West.
HOUSE BILL 1631 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 HB 1631 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)
HOUSE BILL 2800 ON SECOND READING
On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2800 at this time on its second reading:
HB 2800, Relating to meetings of a county election board.
The bill was read second time.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2800 (senate committee report) in SECTION 1 of the bill, in added Section 51.002(d), Election Code (page 1, line 27), by striking "or virtually through the Internet".
The amendment to HB 2800 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.
HB 2800 as amended 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 2800 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 HB 2800 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 5195 ON SECOND READING
Senator Johnson moved to suspend the regular order of business to take up for consideration HB 5195 at this time on its second reading:
HB 5195, Relating to the services provided to certain children detained in a juvenile detention facility.
The motion prevailed.
Senators Hughes, Schwertner, 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hughes, Schwertner, Springer.
HOUSE BILL 5195 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 HB 5195 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Sparks, West, Whitmire, Zaffirini.
Nays: Hughes, Schwertner, Springer.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
(Senator Flores in Chair)
HOUSE BILL 2291 ON SECOND READING
Senator Birdwell moved to suspend the regular order of business to take up for consideration HB 2291 at this time on its second reading:
HB 2291, Relating to the carrying or possession of a handgun by certain retired judges and justices.
The motion prevailed.
Senators Blanco, Eckhardt, Gutierrez, and 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Blanco, Eckhardt, Gutierrez, Johnson.
HOUSE BILL 2291 ON THIRD READING
Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2291 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Blanco, Eckhardt, Gutierrez, Johnson.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
HOUSE BILL 2879 ON SECOND READING
On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2879 at this time on its second reading:
HB 2879, Relating to venue in certain actions involving a contract for an improvement to real property.
The bill was read second time.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2879 (senate committee printing) in SECTION 1 of the bill, in added Section 15.021(a), Civil Practice and Remedies Code (page 1, line 24), between "property" and "that requires", by inserting "located in this state".
The amendment to HB 2879 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.
HB 2879 as amended 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 2879 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 HB 2879 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)
HOUSE BILL 2897 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2897 at this time on its second reading:
HB 2897, Relating to the prosecution of the offense of theft of service.
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 2897 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2897 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 4528 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4528 at this time on its second reading:
HB 4528, Relating to the requirement that a peace officer take possession of a person's driver's license following the person's failure to pass or refusal to consent to a test for intoxication.
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 4528 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4528 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2026 ON THIRD READING
Senator LaMantia moved to suspend the regular order of business to take up for consideration HB 2026 at this time on its third reading and final passage:
HB 2026, Relating to the Rural Veterinarian Incentive Program.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Hughes, King, Middleton, Springer.
The bill was read third time.
Senator LaMantia offered the following amendment to the bill:
Floor Amendment No. 1 on Third Reading
Amend HB 2026 on third reading (senate committee printing) as follows:
(1) Strike SECTION 1 of the bill, amending Sections 56.101(2) and (7), Education Code (page 1, lines 26 through 32), and substitute the following appropriately numbered SECTION:
SECTION ____. Section 56.101(7), Education Code, is amended to read as follows:
(7) "Rural county" means a county in this state with a population of less than 150,000 [100,000].
(2) In SECTION 2 of the bill, amending Section 56.103(d), Education Code, strike Subdivision (5) (page 1, lines 49 through 56) and substitute the following:
(5) establishing preferential treatment in the selection process for applicants who are residents of this state; and
(3) Strike SECTION 3 of the bill, amending Section 56.104, Education Code (page 1, line 59 through page 2, line 15).
The amendment to HB 2026 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 on Third Reading.
HB 2026 as amended was finally passed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.
Nays: Hughes, King, Middleton, Springer.
ACKNOWLEDGMENT
Senator Kolkhorst acknowledged Jake Kolkhorst and team members of Blinn College and Weatherford College for advancing to the 2023 Junior College World Series.
HOUSE BILL 627 ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HB 627 at this time on its second reading:
HB 627, Relating to the issuance of specialty license plates to the surviving spouse of a posthumous recipient of certain awards.
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 627 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 627 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 628 ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HB 628 at this time on its second reading:
HB 628, Relating to issuance of specialty license plates to honor fallen law enforcement officers.
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 628 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 628 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2499 ON SECOND READING
On motion of Senator Creighton and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2499 at this time on its second reading:
HB 2499, Relating to designating June 28 as Special Forces Day.
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 2499 ON THIRD READING
Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2499 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
HOUSE BILL 54 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSHB 54 at this time on its second reading:
CSHB 54, Relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.
The motion prevailed.
Senators Creighton, Hall, Hughes, King, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Creighton, Hall, Hughes, King, Middleton.
COMMITTEE SUBSTITUTE
HOUSE BILL 54 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 CSHB 54 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Creighton, Hall, Hughes, King, Middleton.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
HOUSE BILL 5394 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration HB 5394 at this time on its second reading:
HB 5394, Relating to the powers, duties, territory, and governance of the Westwood Magnolia Parkway Improvement District.
The motion prevailed.
Senators Hall 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 third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hall, Hughes.
HOUSE BILL 5394 ON THIRD READING
Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5394 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, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Hall, Hughes.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
HOUSE BILL 3104 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration HB 3104 at this time on its second reading:
HB 3104, Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.
The motion prevailed.
Senators Eckhardt, Middleton, and Springer asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Parker offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 3104 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 151.3596(a), Tax Code (page 2, between lines 49 and 50), add the following appropriately numbered subdivision to the subsection and renumber the subdivisions of the subsection accordingly:
(__) "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
(2) In SECTION 1 of the bill, strike added Section 151.3596(a)(2)(B), Tax Code (page 1, lines 40 through 54), and substitute the following:
(B) is composed of one or more buildings:
(i) comprising at least 250,000 square feet of space;
(ii) located or to be located on contiguous or noncontiguous parcels of land;
(iii) that are commonly owned, owned by affiliation with the qualifying operator, or leased by a common qualifying operator; and
(iv) connected to each other:
(a) by fiber and associated equipment required for operating a fiber transmission network between data center buildings and upstream Internet peering points for the sole use of the qualifying occupant; and
(b) for the purpose of providing redundancy and resiliency for the data center services provided in each building;
(3) In SECTION 1 of the bill, strike added Section 151.3596(j), Tax Code (page 4, lines 36 through 40), and substitute the following:
(j) A connected data center project is not eligible to receive an exemption under this section if the connected data center project is:
(1) subject to an agreement limiting the appraised value of the connected data center's property under former Subchapter B or C, Chapter 313, or a substantially similar program that authorizes a temporary limit on the value of the connected data center's property for school district maintenance and operations ad valorem tax purposes; or
(2) primarily used for the mining and staking of virtual currency.
The amendment to HB 3104 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 except as follows:
Nays: Eckhardt.
Senator Parker moved to temporarily postpone further consideration of the bill to a time certain of 11:00 a.m. tomorrow.
The motion prevailed.
Question: Shall HB 3104 as amended be passed to third reading?
(Senator King in Chair)
(President in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 5180 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSHB 5180 at this time on its second reading:
CSHB 5180, Relating to the public inspection of election records.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
Nays: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.
The bill was read second time.
(Senator Bettencourt in Chair)
Senator Johnson offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 5180 (senate committee report) in SECTION 1 of the bill, in amended Section 1.012, Election Code, as follows:
(1) On page 1, lines 32 and 33, strike "first day after the date the final canvass of an election is completed" and substitute "61st day after election day".
(2) On page 1, strike lines 39 through 41, and substitute the following:
(g) Original voted ballots are confidential and not subject to disclosure under Chapter 552, Government Code, until after the expiration of the preservation period prescribed by Section 66.058(a).
The amendment to CSHB 5180 was read and failed of adoption by the following vote: Yeas 12, Nays 19.
Yeas: Alvarado, Blanco, Eckhardt, Gutierrez, Hinojosa, Johnson, LaMantia, Menéndez, Miles, West, Whitmire, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hall, Hancock, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer.
CSHB 5180 was passed to third reading 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.
(President in Chair)
HOUSE BILL 2138 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration HB 2138 at this time on its second reading:
HB 2138, Relating to the sale of charitable raffle tickets by certain nonprofit wildlife conservation associations.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Alvarado, Bettencourt, Blanco, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Parker, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Birdwell, Campbell, Creighton, Hall, Hancock, Hughes, Middleton, Nichols, Paxton.
The bill was read second time.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2138 (senate committee report) in SECTION 1 of the bill, in added Section 2002.054 (a-1), Occupations Code (page 1, line 44), immediately following the underlined period, by adding the following:
This subsection does not authorize the use of an Internet website to:
(1) provide a graphic or dynamic animation of an entry to a raffle; or
(2) provide a graphic or dynamic animation of the drawing of raffle tickets.
The amendment to HB 2138 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.
HB 2138 as amended was passed to third reading by the following vote: Yeas 22, Nays 9.
Yeas: Alvarado, Bettencourt, Blanco, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Parker, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.
Nays: Birdwell, Campbell, Creighton, Hall, Hancock, Hughes, Middleton, Nichols, Paxton.
COMMITTEE SUBSTITUTE
HOUSE BILL 2454 ON SECOND READING
On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2454 at this time on its second reading:
CSHB 2454, Relating to the unlawful acquisition of certain weapons; creating a criminal offense.
The bill was read second time.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2454 (senate committee report) as follows:
(1) In the recital to SECTION 2 of the bill (page 1, lines 28 and 29), strike "Sections 46.06(a) and (d), Penal Code, are amended" and substitute "Section 46.06, Penal Code, is amended by amending Subsections (a) and (d) and adding Subsection (c-1)".
(2) In SECTION 2 of the bill, in amended Section 46.06(a)(7)(B), Penal Code (page 2, line 2), following the underlined semicolon, strike "or".
(3) In SECTION 2 of the bill, in added Section 46.06(a)(8), Penal Code (page 2, line 6), between "federal law" and the period, insert the following:
; or
(9) sells a firearm to a person younger than 21 years of age and, before the 30th day after the date on which the firearm was sold to the person, delivers the firearm to that person
(4) In SECTION 2 of the bill, immediately following amended Section 46.06(a), Penal Code (page 2, between lines 6 and 7), insert the following:
(c-1) It is a defense to prosecution under Subsection (a)(9) that the transfer was made to a person who provided evidence to the actor that:
(1) the person is a peace officer;
(2) the person is a member of the armed forces or state military forces, as defined by Section 431.001, Government Code;
(3) the person is a qualified handgun instructor, as defined by Section 411.171, Government Code; or
(4) the firearm has been transferred to the person by inheritance or bequest on the death of the owner of the firearm.
(5) In SECTION 2 of the bill, in amended Section 46.06(d)(2), Penal Code (page 2, line 12), strike "(a)(7) or (8)" and substitute "(a)(7), (8), or (9)".
The amendment to CSHB 2454 was read.
POINT OF ORDER
Senator Hughes raised a point of order that Floor Amendment No. 1 to CSHB 2454 was not germane to the body of the bill.
POINT OF ORDER WITHDRAWN
Senator Hughes withdrew the point of order.
Senator Menéndez withdrew Floor Amendment No. 1.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 2454 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 7B.005(a), Code of Criminal Procedure, is amended to read as follows:
(a) In a protective order issued under this subchapter, the court may:
(1) order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating:
(i) directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; or
(ii) in any manner with the applicant or any member of the applicant's family or household except through the applicant's attorney or a person appointed by the court, if the court finds good cause for the prohibition;
(B) going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household;
(C) engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; and
(D) possessing a firearm, unless the alleged offender possesses the firearm for the actual discharge of the alleged offender's official duties as:
(i) [is] a peace officer, as defined by Section 1.07, Penal Code; or
(ii) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code[, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision].
SECTION ____. Article 7B.006(a), Code of Criminal Procedure, is amended to read as follows:
(a) Each protective order issued under this subchapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, in capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION]."
SECTION ____. Chapter 7B, Code of Criminal Procedure, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
Art. 7B.151. DEFINITIONS. In this subchapter:
(1) "Bodily injury" and "serious bodily injury" have the meanings assigned by Section 1.07, Penal Code.
(2) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code.
(3) "Firearm" has the meaning assigned by Section 46.01, Penal Code.
Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER. (a) An application for a protective order under this subchapter may be filed by:
(1) a member of the respondent's family or household;
(2) a parent, guardian, or conservator of a person who is:
(A) under 18 years of age; and
(B) a member of the respondent's family or household; or
(3) a peace officer.
(b) An application must:
(1) include:
(A) detailed allegations, based on personal knowledge of a person described by Subsection (a), regarding any dangerous behavior or conduct exhibited by the respondent, including any behavior or conduct related to the respondent's use of firearms;
(B) information concerning the quantity, type, and location of any firearms the applicant believes to be in the respondent's possession or control, if any;
(C) any other relevant facts indicating a need for a protective order under this subchapter; and
(D) a statement that the applicant believes the respondent poses an immediate and present danger of causing bodily injury, serious bodily injury, or death to any person, including the respondent, as a result of the respondent's access to firearms; and
(2) be signed by the applicant under an oath that, to the knowledge and belief of the applicant, the facts and circumstances contained in the application are true.
(c) An application for a protective order under this subchapter may be filed in a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in the county in which the applicant or the respondent resides.
Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On receiving an application containing specific health information concerning the respondent, the court shall order the clerk to:
(1) strike the information from the public records of the court; and
(2) maintain a confidential record of the information for use only by the court.
Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court finds from the information contained in an application for a protective order under this subchapter that there is reasonable cause to believe that the respondent poses an immediate and present danger of causing bodily injury, serious bodily injury, or death to any person, including the respondent, as a result of the respondent's access to firearms, the court, without further notice to the respondent and without a hearing, may issue a temporary ex parte order prohibiting the respondent from purchasing, owning, possessing, or controlling a firearm.
(b) In a temporary ex parte order, the court may order the respondent to:
(1) not later than 24 hours after the time the order is issued, relinquish any firearms owned by or in the actual or constructive possession or control of the respondent to a law enforcement agency for holding in the manner provided by Article 18.192; and
(2) if applicable, surrender to the court the respondent's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code.
Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a) Not later than the 14th day after the later of the date an application is filed or the date a temporary ex parte order is issued, the court shall hold a hearing on the issuance of the protective order.
(b) The court shall provide personal notice of the hearing to the respondent.
(c) In determining whether to issue a protective order under this article, the court:
(1) shall consider:
(A) any history of threats or acts of violence by the respondent directed at any person, including the respondent;
(B) any history of the respondent using, attempting to use, or threatening to use physical force against another person;
(C) any recent violation by the respondent of an order issued:
(i) under another provision of Chapter 7B or under Article 17.292;
(ii) under Section 6.504 or Chapter 85, Family Code;
(iii) under Chapter 83, Family Code, if the temporary ex parte order has been served on the respondent; or
(iv) by another jurisdiction as provided by Chapter 88, Family Code;
(D) any arrest or conviction of the respondent for:
(i) an offense under Section 42.072, Penal Code; or
(ii) an offense involving violence, including family violence;
(E) any conviction of the respondent for an offense under Section 42.09, 42.091, or 42.092, Penal Code; and
(F) evidence related to the respondent's current or recent abuse of a controlled substance or alcohol, not including any evidence of previous treatment for or recovery from abusing a controlled substance or alcohol; and
(2) may consider any other relevant factor including:
(A) any previous violation by the respondent of an order described by Subdivision (1)(C); and
(B) evidence regarding the respondent's recent acquisition of firearms, ammunition, or other deadly weapons.
(d) At the close of the hearing, if the court finds by clear and convincing evidence that the respondent poses an immediate and present danger of causing bodily injury, serious bodily injury, or death to any person, including the respondent, as a result of the respondent's access to firearms, the court shall issue a protective order that includes a statement of the required finding.
(e) If the court does not make the finding described by Subsection (d), the court shall, as applicable, rescind any temporary ex parte order issued under Article 7B.154 and return the respondent's license to carry a handgun.
Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective order issued under Article 7B.155, the court shall:
(1) prohibit the person who is subject to the order from purchasing, owning, possessing, or controlling a firearm for the duration of the order;
(2) order the person to:
(A) not later than 24 hours after the time the order is issued, relinquish any firearms owned by or in the actual or constructive possession or control of the person to a law enforcement agency for holding in the manner provided by Article 18.192; and
(B) if applicable, surrender to the court the person's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and
(3) suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the person.
Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A protective order issued under Article 7B.155 is effective until the first anniversary of the date the order was issued.
(b) The court may renew a protective order issued under Article 7B.155 for a period not to exceed one year after the order's original expiration date. Before renewing the order the court must hold a hearing after providing personal notice of the hearing to the person who is the subject of the order.
(c) A person who is the subject of a protective order may file a motion not earlier than the 91st day after the date on which the order was initially issued or renewed, as applicable, requesting that the court review the order and determine whether there is a continuing need for the order. After a hearing on the motion, if the court fails to make the finding that there is no continuing need for the order, the order remains in effect until the date the order expires as provided by this article.
(d) At a hearing to renew or rescind a protective order under this article, the court shall consider the factors described by Article 7B.155(c).
Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a) Not later than 24 hours after the time a protective order is issued under Article 7B.155, the clerk of the issuing court shall provide the following to the Department of Public Safety:
(1) the complete name, race, and sex of the person who is the subject of the order;
(2) any known identifying number of the person, including a social security number, driver's license number, or state identification number;
(3) the person's date of birth;
(4) if surrendered to the court, the person's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and
(5) a copy of the order suspending the person's license to carry a handgun under Subchapter H, Chapter 411, Government Code.
(b) On receipt of an order suspending a license to carry a handgun, the department shall:
(1) record the suspension of the license in the records of the department;
(2) report the suspension to local law enforcement agencies, as appropriate; and
(3) if the license was not surrendered to the court, demand surrender of the suspended license from the license holder.
(c) Not later than the 30th day after the date the protective order is rescinded or expires under Article 7B.157, the clerk of the issuing court shall notify the Department of Public Safety of the rescission or expiration, as applicable.
Art. 7B.159. APPLICATION OF OTHER LAW. To the extent applicable, except as otherwise provided by this subchapter, Title 4, Family Code, applies to a protective order issued under this subchapter.
SECTION ____. Articles 17.292(c) and (g), Code of Criminal Procedure, are amended to read as follows:
(c) The magistrate in the order for emergency protection may prohibit the arrested party from:
(1) committing:
(A) family violence or an assault on the person protected under the order; or
(B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code;
(2) communicating:
(A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner;
(B) a threat through any person to a member of the family or household or to the person protected under the order; or
(C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court;
(3) going to or near:
(A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or
(B) the residence, child care facility, or school where a child protected under the order resides or attends; or
(4) possessing a firearm, unless the person possesses the firearm for the actual discharge of the person's official duties as:
(A) [is] a peace officer, as defined by Section 1.07, Penal Code; or
(B) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code [, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision].
(g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION], WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
SECTION ____. Chapter 18, Code of Criminal Procedure, is amended by adding Article 18.192 to read as follows:
Art. 18.192. HOLDING AND DISPOSITION OF FIREARM RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law enforcement officer who takes possession of a firearm from a person who is the subject of an extreme risk protective order issued under Subchapter D, Chapter 7B, shall immediately provide the person a written copy of the receipt for the firearm and a written notice of the procedure for the return of a firearm under this article.
(b) Not later than the seventh day after the date a firearm subject to disposition under this article is received, the law enforcement agency holding the firearm shall notify the court that issued the extreme risk protective order that the person who is the subject of the order has relinquished the firearm.
(c) Not later than the 30th day after the date the extreme risk protective order is rescinded or expires, the clerk of the court shall notify the law enforcement agency of the rescission or expiration.
(d) Not later than the 30th day after the date the law enforcement agency holding a firearm subject to disposition under this article receives the notice described by Subsection (c), the law enforcement agency shall conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm under 18 U.S.C. Section 922(g) and under the law of this state.
(e) If the check conducted under Subsection (d) verifies that the person may lawfully possess a firearm, the law enforcement agency shall provide to the person by certified mail written notice stating that the firearm may be returned to the person if the person submits a written request before the 121st day after the date of the notice.
(f) An unclaimed firearm that is received under an extreme risk protective order issued under Subchapter D, Chapter 7B, may not be destroyed or forfeited to the state.
(g) The law enforcement agency holding the firearm may provide for the firearm to be sold by a firearms dealer licensed under 18 U.S.C. Section 923 if:
(1) the check conducted under Subsection (d) shows that the person may not lawfully possess a firearm; or
(2) the notice is provided under Subsection (e) and the person does not submit, before the 121st day after the date of the notice, a written request for the return of the firearm.
(h) The proceeds from the sale of a firearm under this article shall be paid to the owner of the seized firearm, less the cost of administering this article with respect to the firearm.
SECTION ____. Section 85.022(b), Family Code, is amended to read as follows:
(b) In a protective order, the court may prohibit the person found to have committed family violence from:
(1) committing family violence;
(2) communicating:
(A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner;
(B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and
(C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court;
(3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order;
(4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides;
(5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;
(6) possessing a firearm, unless the person possesses the firearm for the actual discharge of the person's official duties as:
(A) [is] a peace officer, as defined by Section 1.07, Penal Code; or
(B) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code [, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision]; and
(7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.
SECTION ____. Section 85.026(a), Family Code, is amended to read as follows:
(a) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION]."
"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
SECTION ____. Subchapter D, Chapter 411, Government Code, is amended by adding Section 411.0522 to read as follows:
Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK PROTECTIVE ORDER. (a) The department by rule shall establish a procedure to provide information concerning a person who is the subject of an extreme risk protective order to the Federal Bureau of Investigation for inclusion in the National Instant Criminal Background Check System.
(b) The procedure must require the department to provide any information received under Article 7B.158, Code of Criminal Procedure, to the Federal Bureau of Investigation not later than 24 hours after the time the department received the information.
SECTION ____. Section 411.172(a), Government Code, is amended to read as follows:
(a) A person is eligible for a license to carry a handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a handgun;
(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
(12) is not currently:
(A) restricted under a court protective order, including an extreme risk protective order issued under Subchapter D, Chapter 7B, Code of Criminal Procedure; or
(B) subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
SECTION ____. Sections 411.187(a) and (c), Government Code, are amended to read as follows:
(a) The department shall suspend a license under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(2) fails to notify the department of a change of address, name, or status as required by Section 411.181;
(3) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; [or]
(4) is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or
(5) is the subject of an active protective order issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
(c) The department shall suspend a license under this section:
(1) for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2)[, (3), or (4), except as provided by Subdivision (2)];
(2) [for not less than one year and not more than three years, if the person's license:
[(A)
is subject to suspension for a reason listed in Subsection (a), other than the reason listed in Subsection (a)(1); and
[(B)
has been previously suspended for the same reason;
[(3)] until dismissal of the charges, if the person's license is subject to suspension for the reason listed in Subsection (a)(1); or
(3) [(4)] for the duration of or the period specified by:
(A) the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(3) [(a)(5)]; [or]
(B) the order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(4); or
(C) the extreme risk protective order issued under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(5) [(a)(6)].
SECTION ____. Chapter 37, Penal Code, is amended by adding Section 37.083 to read as follows:
Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME RISK PROTECTIVE ORDER. (a) A person commits an offense if, with intent to deceive, the person makes a statement that the person knows to be false to a peace officer relating to a request that the officer file an application for an extreme risk protective order under Subchapter D, Chapter 7B, Code of Criminal Procedure.
(b) An offense under this section is a Class B misdemeanor.
(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
SECTION ____. Section 46.04, Penal Code, is amended by amending Subsections (c) and (e) and adding Subsections (c-1) and (c-2) to read as follows:
(c) A person [, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision,] who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(c-1) It is a defense to prosecution under Subsection (c) that the actor possessed the firearm for the actual discharge of official duties as:
(1) a peace officer, as defined by Section 1.07; or
(2) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code.
(c-2) A person commits an offense if, after receiving notice that the person is subject to an extreme risk protective order issued under Subchapter D, Chapter 7B, Code of Criminal Procedure, and before rescission or expiration of the order, the person purchases, owns, possesses, or controls a firearm in violation of the order.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2) is a Class A misdemeanor.
SECTION ____. Not later than October 1, 2023, the Department of Public Safety shall adopt rules as required by Section 411.0522, Government Code, as added by this article.
SECTION ____. The change in law made by this article relating to the contents of a protective order or a magistrate's order for emergency protection applies to an order issued on or after the effective date of this Act. An order issued before that date is governed by the law as it existed immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION ____. Section 46.04, Penal Code, as amended by this article, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
The amendment to CSHB 2454 was read.
POINT OF ORDER
Senator Hughes raised a point of order that Floor Amendment No. 2 to CSHB 2454 was not germane to the body of the bill.
POINT OF ORDER WITHDRAWN
Senator Hughes withdrew the point of order.
Senator Eckhardt withdrew Floor Amendment No. 2.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 2454 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Title 6, Business & Commerce Code, is amended by adding Chapter 205 to read as follows:
CHAPTER 205. REGULATION OF FIREARM TRANSFERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section 46.01, Penal Code.
(2) "Licensed firearms dealer" means a person who is licensed as a firearms dealer under 18 U.S.C. Section 923.
SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR PRIVATE FIREARM TRANSFERS
Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or otherwise transfer a firearm to another person unless:
(1) the person is a licensed firearms dealer;
(2) the person sells or transfers the firearm to a licensed firearms dealer; or
(3) before the firearm is delivered to the person to whom the firearm is being sold or transferred, the person selling or transferring the firearm delivers the firearm to a licensed firearms dealer to retain possession of the firearm until the dealer conducts a national instant criminal background check in the manner required by 18 U.S.C. Section 922 and verifies that the person to whom the firearm is being sold or transferred may lawfully possess a firearm.
Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a licensed firearms dealer receives a firearm under Section 205.051(3), the dealer shall conduct a national instant criminal background check in the manner required by 18 U.S.C. Section 922 to verify that the person to whom the firearm is being sold or transferred may lawfully possess a firearm.
(b) If a licensed firearms dealer determines that the person to whom the firearm is being sold or transferred may not lawfully possess a firearm, the dealer shall return the firearm to the person selling or transferring the firearm.
(c) If a licensed firearms dealer determines that the person to whom the firearm is being sold or transferred may lawfully possess a firearm, the dealer shall transfer the firearm as directed by the person selling or transferring the firearm.
(d) A licensed firearms dealer to whom a firearm is delivered under Section 205.051(3) may collect a reasonable fee from the person who is selling or transferring the firearm.
Sec. 205.053. EXCEPTION. This subchapter does not apply to:
(1) a transfer of a firearm to a person by inheritance or bequest on the death of the owner of the firearm; or
(2) a sale or other transfer of a firearm by the owner of the firearm if the transferor and the transferee are related within the third degree by consanguinity or within the second degree by affinity as determined under Chapter 573, Government Code.
Sec. 205.054. OFFENSE. (a) A person who violates this subchapter commits an offense.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED FIREARMS DEALERS
Sec. 205.101. WAITING PERIOD REQUIRED FOR CERTAIN SALES OF FIREARMS; OFFENSE. (a) A licensed firearms dealer who sells a firearm to a person in exchange for money or other consideration commits an offense if the licensed firearms dealer delivers the firearm to the person to whom the firearm is being sold before the later of:
(1) the third business day after the date on which the firearm was sold to the person; or
(2) the date on which the licensed firearms dealer verifies, by conducting a national instant criminal background check in the manner required by 18 U.S.C. Section 922, that the person to whom the firearm is being sold may lawfully possess a firearm.
(b) This section does not apply to the sale of a firearm to a person who is:
(1) a peace officer, as defined by Section 1.07, Penal Code; or
(2) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code.
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(e) A licensed firearms dealer shall make records of firearm sales available for inspection by a law enforcement agency during regular business hours.
The amendment to CSHB 2454 was read.
POINT OF ORDER
Senator Hughes raised a point of order that Floor Amendment No. 3 to CSHB 2454 was not germane to the body of the bill.
POINT OF ORDER WITHDRAWN
Senator Hughes withdrew the point of order.
Senator Eckhardt withdrew Floor Amendment No. 3.
Senator Gutierrez offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSHB 2454 (senate committee report) as follows:
(1) In the recital to SECTION 2 of the bill (page 1, lines 28 and 29), strike "Sections 46.06(a) and (d), Penal Code, are amended" and substitute "Section 46.06, Penal Code, is amended by amending Subsections (a), (c), and (d) and adding Subsection (c-1)".
(2) In SECTION 2 of the bill, strike amended Section 46.06(a)(2), Penal Code (page 1, lines 35 through 38), and substitute the following:
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give:
(A) to a [any] child younger than 18 years of age a [any firearm,] club, [or] location-restricted knife, or firearm other than a semiautomatic rifle described by Paragraph (B); or
(B) to a person younger than 21 years of age a semiautomatic rifle that is capable of accepting a detachable magazine and that has a caliber greater than .22;
(3) In SECTION 2 of the bill, immediately following amended Section 46.06(a), Penal Code (page 2, between lines 6 and 7), insert the following:
(c) It is an affirmative defense to prosecution under Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.
(c-1) It is an exception to the application of Subsection (a)(2)(B) that:
(1) the semiautomatic rifle is transferred to a recipient who:
(A) is a peace officer; or
(B) is currently serving in or has been honorably discharged from the United States armed forces; or
(2) the transfer of the semiautomatic rifle is a temporary loan to a person who is to carry or use the semiautomatic rifle only:
(A) while in the presence of the transferor;
(B) while on property owned or leased by the transferor;
(C) on the premises of a sport shooting range, as defined by Section 250.001, Local Government Code, and solely for the purpose of shooting targets at the range;
(D) for the purpose of lawful hunting or sporting, or for lawful recreational activity; or
(E) at a lawful competition involving the use of a firearm.
(4) In SECTION 2 of the bill, in amended Section 46.06(d)(1), Penal Code (page 2, line 9), strike "Subsection (a)(2)" and substitute "Subsection (a)(2)(A) [(a)(2)]".
(5) In SECTION 2 of the bill, in amended Section 46.06(d)(2), Penal Code (page 2, line 12), between "Subsection" and "(a)(7)", insert "(a)(2)(B) or".
The amendment to CSHB 2454 was read.
POINT OF ORDER
Senator Hughes raised a point of order that Floor Amendment No. 4 to CSHB 2454 was not germane to the body of the bill.
POINT OF ORDER RULING
The President ruled that the point of order was well-taken and sustained.
APPEAL OF POINT OF ORDER RULING
Pursuant to Senate Rules 5.15 and 20.02, an appeal by Senator Gutierrez was made to the President's ruling on the previous point of order.
On motion of Senator Hughes, the motion to appeal the point of order ruling was tabled by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, King, Kolkhorst, LaMantia, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Zaffirini.
Nays: Alvarado, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Whitmire.
CSHB 2454 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 2454 ON THIRD READING
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2454 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 1598 to Committee on Water, Agriculture, and Rural Affairs.
HB 3686 to Committee on Criminal Justice.
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 and consider the following bills at 7:30 a.m. tomorrow in Room E1.012: HB 4659, HB 1598.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Schwertner and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Business and Commerce might meet and consider the following bills at 8:00 a.m. tomorrow in Room E1.036: HB 30, HB 1437, HB 1518, HB 3033.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Criminal Justice might meet and consider the following bills at 8:00 a.m. tomorrow:
HB 2523, HB 2600, HB 2741, HB 3686.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Kolkhorst and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services might meet and consider the following bills at 8:00 a.m. tomorrow in the Senate Chamber:
HB 1105, HB 3329, HB 1998, HB 2414, HB 2512, HB 1357, HB 617.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Hughes and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on State Affairs might meet and consider the following bills upon adjournment:
HB 824, HB 3058, HB 2850, SB 2633.
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 and consider the following bills at 9:00 a.m. tomorrow in the Extension Auditorium, E1.004:
HB 191, HB 581, HB 783, HB 1228, HB 1248, HB 2181, HB 2533, HB 2816, HB 3207, HB 3191, HB 3364, HB 3849, HB 4082, HB 4158, HB 4227, HB 4456, HB 4645, HB 5405.
BILLS AND RESOLUTIONS SIGNED
The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
HB 162, HB 219, HB 260, HB 1040, HB 1225, HB 1285, HB 1789, HB 1859, HB 1959, HJR 134.
SB 246, SB 538, SB 786, SB 1089, SB 1340, SB 1361, SB 1364, SB 1447, SB 1932, SB 2010, SB 2289, SJR 87.
SB 14, SB 500, SB 594, SB 728, SB 798, SB 801, SB 821, SB 849, SB 1076, SB 1133, SB 1179, SB 1238, SB 1250, SB 1420, SB 1424, SB 1794, SB 1860, SB 2102, SB 2186, SB 2538, SB 2592.
MOMENT OF SILENCE OBSERVED
At the request of Senator Middleton, the Senate observed a moment of silence in honor of the victims of the Santa Fe shooting on the occasion of its fifth anniversary: Christian Riley Garcia, Chris Stone, Sabika Sheikh, Angelique Ramirez, Shana Fisher, Kimberly Jessica Vaughan, Aaron Kyle McLeod, Jared Black, Cynthia Tisdale, and Glenda Ann Perkins.
CONFERENCE COMMITTEE REPORT ON
SENATE BILL 1188
Senator Hinojosa submitted the following Conference Committee Report:
Austin, Texas
Thursday, May 18, 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 1188 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 receivership of the Agua Special Utility District and requirements for directors of the Agua Special Utility District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7201.055(b), Special District Local Laws Code, is amended to read as follows:
(b) A candidate for a position on the board must:
(1) reside in the subdistrict represented by that position; [and]
(2) be eligible to hold office under Section 141.001, Election Code;
(3) file a campaign treasurer appointment form described by Chapter 252, Election Code, with the Texas Ethics Commission; and
(4) file each report required under Title 15, Election Code, with the Texas Ethics Commission and the board.
SECTION 2. Section 7201.058, Special District Local Laws Code, is amended by amending Subsection (a) and adding Subsections (c), (d), and (e) to read as follows:
(a) A director may be removed from the board by a majority of the other directors if the director:
(1) does not have at the time of appointment the qualifications required by Section 7201.055(b) or is disqualified from serving under Section 7201.059;
(2) does not complete the education program required by Section 7201.054;
(3) does not meet the eligibility requirements under Section 7201.072;
(4) fails to comply with Section 7201.071; [or]
(5) misses one-half or more of the regularly scheduled meetings during the preceding 12 months;
(6) repeatedly fails to file an affidavit under Section 553.002, Government Code, disclosing an interest in property to be acquired with public money;
(7) repeatedly fails to file a conflicts disclosure statement under Section 176.003, Local Government Code;
(8) fails to comply with Section 171.004, Local Government Code;
(9) does not file the financial statement required of state officers under Section 7201.056; or
(10) does not file a campaign treasurer appointment form or a required report under Section 7201.055.
(c) A director shall be removed from the board by the other remaining directors if the director has been convicted of or has pleaded guilty or nolo contendere to a civil or criminal offense of:
(1) bribery;
(2) embezzlement, extortion, or other theft of public money;
(3) perjury;
(4) coercion of a public servant or voter;
(5) tampering with a governmental record;
(6) misuse of official information;
(7) abuse of official capacity; or
(8) conspiracy to commit or an attempted commission of an offense described by Subdivisions (1)-(7).
(d) The board shall begin the process of notice and public hearing for the removal of a director not later than the 30th day after the date the board receives notice of a violation under this section. If the removal of a director is based on a violation described by Subsection (a), the remaining directors shall make a determination on whether the violation occurred on or before the 60th day after the date of the public hearing.
(e) Not later than the 30th day after the date the board removes a director, the board shall begin the process of filling the vacancy in accordance with Section 49.105, Water Code.
SECTION 3. Subchapter B, Chapter 7201, Special District Local Laws Code, is amended by adding Sections 7201.059 and 7201.060 to read as follows:
Sec. 7201.059. DISQUALIFICATION OF DIRECTORS. A director is disqualified from serving as a director if:
(1) the director is a member or is appointed or elected as a member of the governing body of another political subdivision;
(2) the director does not:
(A) meet the eligibility requirements under Section 7201.072;
(B) file a campaign treasurer appointment form required under Section 7201.055(b)(3); or
(C) file each report required under Section 7201.055(b)(4); or
(3) the board determines a relationship or employment exists to which Section 49.052, Water Code, applies.
Sec. 7201.060. AUTOMATIC RESIGNATION OF DIRECTOR ON CANDIDACY FOR OTHER ELECTIVE OFFICE. If a director announces the director's candidacy or becomes a candidate in any general, special, or primary election for any elective office other than the office of director for the district, that announcement or candidacy constitutes an automatic resignation of the office of the director.
SECTION 4. Subchapter B-1, Chapter 7201, Special District Local Laws Code, is amended by adding Section 7201.075 to read as follows:
Sec. 7201.075. PUBLIC ACCESS TO DIRECTOR REPORTS. (a) The district shall post to the district's Internet website and make publicly available each report required to be filed with the Texas Ethics Commission under Title 15, Election Code, by:
(1) a director;
(2) a candidate for the board; or
(3) a specific-purpose committee responsible for supporting, opposing, or assisting a director or candidate for the board.
(b) The district shall make available a report under Subsection (a) not later than the fifth business day after the date the report is filed with the board.
(c) This section may not be construed to limit public access to information in a report described by Subsection (a) through other electronic or print distribution.
(d) The district may remove the address of a person, except for the city, state, and zip code, listed as having made a political contribution to the director, candidate, or committee before posting a report on the district's Internet website. The information must remain available in a copy of the report maintained in the district's office.
SECTION 5. Chapter 7201, Special District Local Laws Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. RECEIVERSHIP OF DISTRICT; ENFORCEMENT
Sec. 7201.301. DEFINITIONS. In this subchapter:
(1) "Agent" means an individual who exercises discretion in the planning, recommending, selecting, or contracting of a vendor or contractor for the sale, lease, or purchase of real property, goods, or services on behalf of the district.
(2) "Commission" means the Texas Commission on Environmental Quality.
Sec. 7201.302. APPOINTMENT OF RECEIVER. (a) At the request of the commission, the attorney general shall bring an action for the appointment of a receiver to collect the assets and carry on the business of the district if the district:
(1) received three consecutive audit reports with anything other than an unqualified or clean opinion;
(2) completed five consecutive fiscal years at a net loss;
(3) has defaulted on more than one financial debt obligation;
(4) has a director or agent who has been convicted of or has pleaded guilty or nolo contendere to a civil or criminal offense related to the management or governance of the district; or
(5) violates a final judgment issued by a district court in an action brought by the attorney general under:
(A) this chapter;
(B) Chapter 7, 13, 49, or 65, Water Code;
(C) Chapter 341, Health and Safety Code;
(D) laws governing the selection, monitoring, or review and evaluation of professional services, vendors, or contractors for construction or improvement projects; or
(E) a rule adopted or order issued under any statute listed in this subdivision.
(b) The court shall appoint a receiver if an appointment is necessary to:
(1) guarantee the collection of assessments, fees, penalties, or interest;
(2) guarantee continuous and adequate service to the customers of the district; or
(3) prevent continued or repeated violations of a court order or final commission order.
Sec. 7201.303. POWERS AND DUTIES OF RECEIVER. (a) The receiver shall execute a bond in an amount to be set by the court to ensure the proper performance of the receiver's duties.
(b) After appointment and execution of bond, the receiver shall take possession of the assets of the district specified by the court.
(c) Until discharged by the court, the receiver shall perform the duties that the court directs to preserve the assets and carry on the business of the district and shall strictly observe the final order involved.
(d) The receiver has the powers and duties necessary to ensure the continued operation of the district and the provision of continuous and adequate services, including:
(1) meter reading;
(2) billing for services;
(3) collecting revenue;
(4) disbursing funds;
(5) accessing all system components; and
(6) requesting rate increases.
Sec. 7201.304. DISSOLUTION OF RECEIVERSHIP. The court may dissolve the receivership and order the assets and control of the business returned to the district if the district shows good cause for the dissolution of the receivership.
Sec. 7201.305. EFFECT ON COMMISSION ENFORCEMENT AUTHORITY. This subchapter does not affect the authority of the commission to pursue an enforcement action against the district or an affiliated person.
SECTION 6. Not later than the 30th day after the effective date of this Act, the board of directors of the Agua Special Utility District shall adopt or update procedures for the removal of a director under Section 7201.058, Special District Local Laws Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2023.
The Conference Committee Report on SB 1188 was filed with the Secretary of the Senate.
CO-AUTHOR OF SENATE BILL 2528
On motion of Senator West, Senator Flores will be shown as Co-author of SB 2528.
CO-SPONSOR OF HOUSE BILL 3
On motion of Senator Nichols, Senator West will be shown as Co-sponsor of HB 3.
CO-SPONSOR OF HOUSE BILL 8
On motion of Senator Creighton, Senator West will be shown as Co-sponsor of HB 8.
CO-SPONSORS OF HOUSE BILL 9
On motion of Senator Huffman, Senators Hinojosa, LaMantia, and West will be shown as Co-sponsors of HB 9.
CO-SPONSOR OF HOUSE BILL 12
On motion of Senator Kolkhorst, Senator Johnson will be shown as Co-sponsor of HB 12.
CO-SPONSOR OF HOUSE BILL 113
On motion of Senator Blanco, Senator Johnson will be shown as Co-sponsor of HB 113.
CO-SPONSOR OF HOUSE BILL 238
On motion of Senator Flores, Senator Eckhardt will be shown as Co-sponsor of HB 238.
CO-SPONSOR OF HOUSE BILL 671
On motion of Senator Eckhardt, Senator Hinojosa will be shown as Co-sponsor of HB 671.
CO-SPONSOR OF HOUSE BILL 844
On motion of Senator Paxton, Senator Parker will be shown as Co-sponsor of HB 844.
CO-SPONSOR OF HOUSE BILL 969
On motion of Senator Middleton, Senator Menéndez will be shown as Co-sponsor of HB 969.
CO-SPONSOR OF HOUSE BILL 1157
On motion of Senator Paxton, Senator West will be shown as Co-sponsor of HB 1157.
CO-SPONSOR OF HOUSE BILL 1163
On motion of Senator King, Senator Flores will be shown as Co-sponsor of HB 1163.
CO-SPONSOR OF HOUSE BILL 1229
On motion of Senator Birdwell, Senator Hall will be shown as Co-sponsor of HB 1229.
CO-SPONSOR OF HOUSE BILL 1361
On motion of Senator Eckhardt, Senator West will be shown as Co-sponsor of HB 1361.
CO-SPONSOR OF HOUSE BILL 1422
On motion of Senator Hughes, Senator Bettencourt will be shown as Co-sponsor of HB 1422.
CO-SPONSOR OF HOUSE BILL 1427
On motion of Senator Bettencourt, Senator Creighton will be shown as Co-sponsor of HB 1427.
CO-SPONSOR OF HOUSE BILL 1631
On motion of Senator Middleton, Senator Hall will be shown as Co-sponsor of HB 1631.
CO-SPONSOR OF HOUSE BILL 2273
On motion of Senator Bettencourt, Senator West will be shown as Co-sponsor of HB 2273.
CO-SPONSOR OF HOUSE BILL 2499
On motion of Senator Creighton, Senator Parker will be shown as Co-sponsor of HB 2499.
CO-SPONSOR OF HOUSE BILL 2555
On motion of Senator Schwertner, Senator Hall will be shown as Co-sponsor of HB 2555.
CO-SPONSOR OF HOUSE BILL 2620
On motion of Senator King, Senator Eckhardt will be shown as Co-sponsor of HB 2620.
CO-SPONSORS OF HOUSE BILL 2837
On motion of Senator Schwertner, Senators Bettencourt, Hall, and Springer will be shown as Co-sponsors of HB 2837.
CO-SPONSOR OF HOUSE BILL 2920
On motion of Senator Bettencourt, Senator West will be shown as Co-sponsor of HB 2920.
CO-SPONSORS OF HOUSE BILL 3162
On motion of Senator Springer, Senators Hall and Paxton will be shown as Co-sponsors of HB 3162.
CO-SPONSOR OF HOUSE BILL 3338
On motion of Senator Johnson, Senator West will be shown as Co-sponsor of HB 3338.
CO-SPONSOR OF HOUSE BILL 3553
On motion of Senator Whitmire, Senator Bettencourt will be shown as Co-sponsor of HB 3553.
CO-SPONSOR OF HOUSE BILL 3908
On motion of Senator Creighton, Senator Paxton will be shown as Co-sponsor of HB 3908.
CO-SPONSOR OF HOUSE BILL 4061
On motion of Senator Hughes, Senator Paxton will be shown as Co-sponsor of HB 4061.
CO-SPONSOR OF HOUSE BILL 4087
On motion of Senator Zaffirini, Senator Middleton will be shown as Co-sponsor of HB 4087.
CO-SPONSOR OF HOUSE BILL 5180
On motion of Senator Hughes, Senator Hall will be shown as Co-sponsor of HB 5180.
CO-SPONSOR OF HOUSE BILL 5195
On motion of Senator Johnson, Senator Eckhardt will be shown as Co-sponsor of HB 5195.
CO-SPONSOR OF HOUSE BILL 5373
On motion of Senator Hinojosa, Senator LaMantia will be shown as Co-sponsor of HB 5373.
CO-SPONSORS OF HOUSE JOINT RESOLUTION 125
On motion of Senator Huffman, Senators Blanco and Hinojosa will be shown as Co-sponsors of HJR 125.
CO-SPONSOR OF HOUSE JOINT RESOLUTION 132
On motion of Senator Hughes, Senator Bettencourt will be shown as Co-sponsor of HJR 132.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Congratulatory Resolutions
SR 611 by Middleton, Recognizing education foundations for school districts in Texas.
SR 612 by Middleton, Recognizing the Daily Mile USA for reaching an enrollment of one million participants.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 8:53 p.m. adjourned, in memory of the victims of the Santa Fe shooting, Christian Riley Garcia, Chris Stone, Sabika Sheikh, Angelique Ramirez, Shana Fisher, Kimberly Jessica Vaughan, Aaron Kyle McLeod, Jared Black, Cynthia Tisdale, and Glenda Ann Perkins, 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 18, 2023
EDUCATION — CSHB 8, CSHB 3, HB 2177, HB 1002
TRANSPORTATION — CSHB 5336, CSHB 2190
HEALTH AND HUMAN SERVICES — HB 4170, HB 3265, HB 3286, HB 968, HB 2002, HB 2969, CSHB 3462
EDUCATION — HB 4375, CSHB 2920
BUSINESS AND COMMERCE — HB 4277
LOCAL GOVERNMENT — CSHB 456, CSHB 3697, CSHB 5398, CSHB 4704, CSHB 3699, CSHB 784
BUSINESS AND COMMERCE — CSHB 1588
CRIMINAL JUSTICE — CSHB 2877, CSHB 2620
NATURAL RESOURCES AND ECONOMIC DEVELOPMENT — HB 4932, HB 4660, HB 4494, HB 4119, HB 4451, HB 3235, HB 5178, HB 1703, HB 2975, HB 2262
BUSINESS AND COMMERCE — CSHB 5066
FINANCE — HB 4520, HB 5409, HB 3461, HB 630
HEALTH AND HUMAN SERVICES — CSSB 2632, HB 1283
EDUCATION — HB 699, HB 1883, HB 900, HB 4372, HB 1905, HB 3623, HB 2102, HB 1211, HB 4363, HB 1794, HB 3338
BILLS AND RESOLUTIONS ENROLLED
May 18, 2023
SB 246, SB 538, SB 786, SB 1089, SB 1340, SB 1361, SB 1364, SB 1447, SB 1932, SB 2010, SB 2289, SJR 87, SR 545, SR 568, SR 611, SR 612