Sunday, May 21, 2023 - 57th Day (Cont.)

FIFTY-SEVENTH DAY

(Continued)

(Sunday, May 21, 2023)

AFTER RECESS

The Senate met at 5:31 p.m. and was called to order by Senator Birdwell.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was filed with the Secretary of the Senate:

STATE OF TEXAS

OFFICE OF THE GOVERNOR

MESSAGE

TO THE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH TEXAS LEGISLATURE, REGULAR SESSION:

Pursuant to Article IV, Section 14 of the Texas Constitution, I, Greg Abbott, Governor of Texas, do hereby disapprove and veto Senate Bill No. 1615 of the 88th Texas Legislature, Regular Session, due to the following objections:

Before ceding sovereign power over our State's cosmetologists to a Cosmetology Licensure Compact Commission that does not yet exist, Texas should wait and see who joins this proposed interstate compact. There is simply no need to rush into such an arrangement, as evidenced by the fact that Senate Bill No. 1615 would not even go into effect until 2026.

I have long been a champion of occupational-licensing reforms like those in Senate Bill No. 1615, especially when they help military spouses. That is why I signed Senate Bill No. 1200 into law in 2019. As a result, a military spouse with an out-of-state license can now practice a trade in the Lone Star State without the hassle of securing another license from Texas.

To take another example, I signed House Bill No. 3742 in 2015 so that Texas can enter into licensing-reciprocity agreements with sister states. Instead of waiting until 2026 for someone else to cut red tape, I hereby direct the Texas Department of Licensing and Regulation to redouble its efforts on entering into those bilateral agreements. A copy of this disapproval message shall be filed with that state agency.

There will be time enough to reassess the membership and direction of this Cosmetology Licensure Compact Commission in 2025, when the 89th Legislature convenes. Meanwhile, I will continue to defend Texas's sovereignty and push for real reforms that let Texans get to work.

Since you remain gathered in regular session and continue to conduct formal business, I am delivering this disapproval message directly to you along with the unsigned official enrolled copy of the bill.

Respectfully submitted,

/s/Greg Abbott

Governor of Texas

Austin, Texas

May 19, 2023

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Sunday, May 21, 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:

HB 3292

Vasut

Relating to the election of the members of the board of directors of the Sweeny Hospital District.

HB 5360

Shine

Relating to the creation of the Deer Creek Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 5400

Morales, Eddie

Relating to the creation of the Presidio International Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 5418

Goldman

Relating to the powers, duties, operation, administration, and board of directors of the Karis Municipal Management District of Tarrant County; providing authority to impose assessments.

SB 37

Zaffirini

Sponsor: González, Mary

Relating to the criminal offense of hazing.

SB 52

Zaffirini

Sponsor: Smith

Relating to the right of state hospital patients to designate an essential caregiver for in-person visitation.

SB 135

West

Sponsor: Ramos

Relating to recording the status of certain home studies performed by the Department of Family and Protective Services.

SB 252

Alvarado

Sponsor: Guillen

Relating to the licensing of certain veterans by the Texas Commission on Law Enforcement and the hiring of those veterans by political subdivisions.

SB 280

Zaffirini

Sponsor: Raymond

Relating to the issuance of specialty license plates for members of the military who served in Operation Freedom's Sentinel.

SB 317

Hall

Sponsor: Kitzman

Relating to appellate jurisdiction of the Public Utility Commission regarding certain water or sewer service fees.

(Committee Substitute)

SB 348

Springer

Sponsor: Meyer

Relating to the prohibition on posting on the Internet information held by an appraisal district regarding certain residential property.

SB 361

Eckhardt

Sponsor: Shine

Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district.

SB 372

Huffman

Sponsor: Leach

Relating to creating a criminal offense for the unauthorized disclosure of non-public judicial opinions and judicial work product.

SB 374

Huffman

Sponsor: DeAyala

Relating to the period for disposing of a charge that a person violated a condition of release from the Texas Department of Criminal Justice.

SB 414

Paxton

Sponsor: Hefner

Relating to the designation of a portion of State Highway 19 as the Mildred McMillan Garrett Memorial Bridge.

SB 485

Johnson

Sponsor: Oliverson

Relating to designating the second Saturday in October as Hospice and Palliative Care Day.

SB 496

Zaffirini

Sponsor: Guillen

Relating to a study on potential improvements to training provided to 9-1-1 emergency service call takers and dispatchers.

SB 526

West

Sponsor: Cook

Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.

SB 539

Campbell

Sponsor: Craddick

Relating to the manner in which an individual who has elected to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien on the individual's residence homestead is listed on the delinquent tax roll of a taxing unit.

SB 540

Campbell

Sponsor: Isaac

Relating to the enforcement of commercial motor vehicle safety standards in certain municipalities.

SB 646

Nichols

Sponsor: Kuempel

Relating to formula funding for certain nonresident students enrolled at Lamar State College--Orange.

SB 658

Perry

Sponsor: Leach

Relating to the disposition of money from certain attorney accounts delivered to the comptroller as unclaimed property.

SB 691

Kolkhorst

Sponsor: Wilson

Relating to an animal share exemption for certain meat and meat food products; providing a civil penalty.

SB 739

Johnson

Sponsor: Oliverson

Relating to designating October 10 as Supportive Palliative Care Awareness Day.

SB 796

Middleton

Sponsor: Johnson, Ann

Relating to arbitration provisions in surplus lines insurance contracts.

(Committee Substitute/Amended)

SB 867

West

Sponsor: Rose

Relating to the recipients of opioid antagonists under the opioid antagonist program.

SB 893

Zaffirini

Sponsor: King, Tracy O.

Relating to the correction of a certificate of public convenience and necessity for providing water or sewer service.

(Committee Substitute)

SB 904

Springer

Sponsor: Landgraf

Relating to the offense of the unauthorized use of parking designated for persons with disabilities.

SB 983

Paxton

Sponsor: Holland

Relating to information maintained by certain municipally owned utilities that provide electricity services and cable, Internet, or broadband services.

SB 1051

Hughes

Sponsor: Harris, Caroline

Relating to a uniform coordination of benefits questionnaire for health benefit plans.

(Committee Substitute)

SB 1122

Schwertner

Sponsor: Turner

Relating to the exclusion of certain medical services performed to determine an appropriate level of workers' compensation benefits from sales and use taxes.

SB 1236

Flores

Sponsor: Murr

Relating to the use of certain weapons in or on the bed or bank of a navigable river or stream; providing a penalty.

(Committee Substitute/Amended)

SB 1393

Middleton

Sponsor: Paul

Relating to eligibility for coverage by the Fair Access to Insurance Requirements Plan in certain areas.

SB 1439

Springer

Sponsor: Hefner

Relating to the ad valorem taxation of tangible personal property held or used for the production of income by related business entities.

SB 1467

Hancock

Sponsor: Price

Relating to the disclosure of certain medical information by electronic means.

(Committee Substitute)

SB 1551

West

Sponsor: Frazier

Relating to the prosecution of the criminal offense of failure to identify; creating a criminal offense.

SB 1614

Perry

Sponsor: Price

Relating to the computation of the cost of goods sold by television and radio broadcasters for purposes of the franchise tax.

SB 1653

Huffman

Sponsor: Cook

Relating to the punishment for the offense of promotion of prostitution.

SB 1710

Perry

Sponsor: Burrows

Relating to the universal service fund.

SB 2017

Zaffirini

Sponsor: Price

Relating to the regulation of hearing aids and the practices of audiology and the fitting and dispensing of hearing instruments.

SB 2091

West

Sponsor: Sherman, Sr.

Relating to the authority of a taxing unit to sell certain seized or foreclosed property to an owner of an abutting property without conducting a public sale.

(Amended)

SB 2106

Zaffirini

Sponsor: Johnson, Julie

Relating to the Judicial Branch Certification Commission; authorizing the Supreme Court of Texas to adopt rules on ineligibility to renew a certification, registration, or license issued by the commission; specifying conditions for the imposition of administrative sanctions by the commission.

SB 2119

Schwertner

Sponsor: Hunter

Relating to the identification of locations receiving broadband and certain telecommunications services.

SB 2150

Nichols

Sponsor: Clardy

Relating to the designation of the portion of U.S. Highway 84 in Joaquin as the Lt. General O.R. "Cotton" Whiddon Memorial Highway.

SB 2269

Perry

Sponsor: Shine

Relating to discontinuing group self-insurance coverage and dissolving the Texas self-insurance group guaranty fund and trust fund under the Texas Workers' Compensation Act.

SB 2275

Hughes

Sponsor: Smithee

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

SB 2310

Hinojosa

Sponsor: Smith

Relating to longevity pay for certain prosecutors.

SB 2333

Hughes

Sponsor: Metcalf

Relating to rules permitting service dogs in the Capitol.

SB 2379

Schwertner

Sponsor: Harris, Caroline

Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.

SB 2399

Schwertner

Sponsor: Guillen

Relating to the authority of the Public Utility Commission of Texas to regulate Voice over Internet Protocol services.

SB 2476

Zaffirini

Sponsor: Oliverson

Relating to consumer protections against certain medical and health care billing by emergency medical services providers.

(Committee Substitute)

SB 2493

Middleton

Sponsor: Bryant

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

SB 2612

Flores

Sponsor: Allison

Relating to the commissioning by the General Land Office of certain Alamo complex rangers as peace officers.

Respectfully,

/s/Stephen Brown,

Chief Clerk

House of Representatives

SENATE BILL 1045 WITH HOUSE AMENDMENTS

Senator Huffman called SB 1045 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1045 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. FIFTEENTH COURT OF APPEALS

SECTION 1.01. Section 22.201, Government Code, is amended by amending Subsection (a) and adding Subsection (p) to read as follows:

(a) The state is organized [~~divided~~] into 15 [14] courts of appeals districts with a court of appeals in each district.

(p) The Fifteenth Court of Appeals District is composed of all counties in this state.

SECTION 1.02. Subchapter C, Chapter 22, Government Code, is amended by adding Section 22.2151 to read as follows:

Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of Appeals for the Fifteenth Court of Appeals District shall be held in the City of Austin.

(b) The Fifteenth Court of Appeals may transact its business in any county in the district as the court determines is necessary and convenient.

SECTION 1.03. Section 22.216, Government Code, is amended by adding Subsection (n-1) to read as follows:

(n-1) The Court of Appeals for the Fifteenth Court of Appeals District consists of a chief justice and of four justices holding places numbered consecutively beginning with Place 2.

SECTION 1.04. Section 22.220, Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) Except as provided by Subsection (d), each [~~Each~~] court of appeals has appellate jurisdiction of all civil cases within its district of which the district courts or county courts have jurisdiction when the amount in controversy or the judgment rendered exceeds $250, exclusive of interest and costs.

(d) The Court of Appeals for the Fifteenth Court of Appeals District has exclusive intermediate appellate jurisdiction over the following matters arising out of or related to a civil case:

(1) matters brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer's or employee's official conduct, other than:

(A) a proceeding brought under the Family Code and any related motion or proceeding;

(B) a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure;

(C) a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction;

(D) a proceeding relating to a mental health commitment;

(E) a proceeding relating to civil asset forfeiture;

(F) a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain;

(G) a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance;

(H) a proceeding brought under Chapter 55, Code of Criminal Procedure;

(I) a proceeding under Chapter 22A, Government Code;

(J) a proceeding brought under Subchapter E-1, Chapter 411, Government Code;

(K) a proceeding brought under Chapter 21, Labor Code;

(L) a removal action under Chapter 87, Local Government Code; or

(M) a proceeding brought under Chapter 841, Health and Safety Code;

(2) matters in which a party to the proceeding files a petition, motion, or other pleading challenging the constitutionality or validity of a state statute or rule and the attorney general is a party to the case; and

(3) any other matter as provided by law.

SECTION 1.05. Section 22.221, Government Code, is amended by amending Subsection (b) and adding Subsections (c) and (c-1) to read as follows:

(b) Subject to Subsection (c-1), each [~~Each~~] court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [:

[~~(1)~~] a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district[;

[~~(2)~~ ~~a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or~~

[~~(3)~~ ~~an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge~~].

(c) Each court of appeals for a court of appeals district, other than the Court of Appeals for the Fifteenth Court of Appeals District, may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against:

(1) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or

(2) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.

(c-1) The original jurisdiction of the Court of Appeals for the Fifteenth Court of Appeals District to issue writs is limited to writs arising out of matters over which the court has exclusive intermediate appellate jurisdiction under Section 22.220(d).

SECTION 1.06. Section 22.229(a), Government Code, is amended to read as follows:

(a) An appellate judicial system fund is established for each court of appeals, other than the Court of Appeals of the Fifteenth Court of Appeals District, to:

(1) assist the court of appeals in the processing of appeals filed with the court of appeals from the county courts, statutory county courts, statutory probate courts, and district courts in the counties the court of appeals serves; and

(2) defray costs and expenses incurred in the operation of the court of appeals.

SECTION 1.07. Section 73.001, Government Code, is amended to read as follows:

Sec. 73.001. AUTHORITY TO TRANSFER. (a) Except as provided by Subsection (b), the [~~The~~] supreme court may order cases transferred from one court of appeals to another at any time that, in the opinion of the supreme court, there is good cause for the transfer.

(b) The supreme court may not transfer any case or proceeding properly filed in the Court of Appeals for the Fifteenth Court of Appeals District to another court of appeals for the purpose of equalizing the dockets of the courts of appeals.

(1) transferring an appeal inappropriately filed in the Fifteenth Court of Appeals to a court of appeals with jurisdiction over the appeal; and

(2) transferring to the Fifteenth Court of Appeals from another court of appeals the appeals over which the Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction under Section 22.220(d).

SECTION 1.08. Section 659.012(a), Government Code, is amended to read as follows:

(a) Notwithstanding Section 659.011 and subject to Subsections (b) and (b-1):

(1) a judge of a district court is entitled to an annual base salary from the state as set by the General Appropriations Act in an amount equal to at least $140,000, except that the combined base salary of a district judge from all state and county sources, including compensation for any extrajudicial services performed on behalf of the county, may not exceed the amount that is $5,000 less than the maximum combined base salary from all state and county sources for a justice of a court of appeals other than a chief justice as determined under this subsection;

(2) except as provided by Subdivision (3), a justice of a court of appeals other than the chief justice is entitled to an annual base salary from the state in the amount equal to 110 percent of the state base salary of a district judge as set by the General Appropriations Act, except that the combined base salary of a justice of the court of appeals other than the chief justice from all state and county sources, including compensation for any extrajudicial services performed on behalf of the county, may not exceed the amount that is $5,000 less than the base salary for a justice of the supreme court as determined under this subsection;

(3) a justice of the Court of Appeals for the Fifteenth Court of Appeals District other than the chief justice is entitled to an annual base salary from the state in the amount equal to $5,000 less than 120 percent of the state base salary of a district judge as set by the General Appropriations Act;

(4) a justice of the supreme court other than the chief justice or a judge of the court of criminal appeals other than the presiding judge is entitled to an annual base salary from the state in the amount equal to 120 percent of the state base salary of a district judge as set by the General Appropriations Act; and

(5) [~~(4)~~] the chief justice or presiding judge of an appellate court is entitled to an annual base salary from the state in the amount equal to $2,500 more than the state base salary provided for the other justices or judges of the court, except that the combined base salary of the chief justice of a court of appeals from all state and county sources may not exceed the amount equal to $2,500 less than the base salary for a justice of the supreme court as determined under this subsection.

SECTION 1.09. Section 2001.038(f), Government Code, is amended to read as follows:

(f) A Travis County district court in which an action is brought under this section, on its own motion or the motion of any party, may request transfer of the action to the Court of Appeals for the Fifteenth [~~Third~~] Court of Appeals District if the district court finds that the public interest requires a prompt, authoritative determination of the validity or applicability of the rule in question and the case would ordinarily be appealed. After filing of the district court's request with the court of appeals, transfer of the action may be granted by the court of appeals if it agrees with the findings of the district court concerning the application of the statutory standards to the action. On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the validity or applicability of the rule in question is subject to judicial review by the court of appeals. The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals. The court of appeals may direct the district court to conduct any necessary evidentiary hearings in connection with the action.

SECTION 1.10. Section 2001.176(c), Government Code, is amended to read as follows:

(c) A Travis County district court in which an action is brought under this section, on its own motion or on motion of any party, may request transfer of the action to the Court of Appeals for the Fifteenth [~~Third~~] Court of Appeals District if the district court finds that the public interest requires a prompt, authoritative determination of the legal issues in the case and the case would ordinarily be appealed. After filing of the district court's request with the court of appeals, transfer of the action may be granted by the court of appeals if it agrees with the findings of the district court concerning the application of the statutory standards to the action. On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the agency decision in the contested case is subject to judicial review by the court of appeals. The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals. The court of appeals may direct the district court to conduct any necessary evidentiary hearings in connection with the action.

SECTION 1.11. Section 2301.751(a), Occupations Code, is amended to read as follows:

(a) A party to a proceeding affected by a final order, rule, or decision or other final action of the board with respect to a matter arising under this chapter or Chapter 503, Transportation Code, may seek judicial review of the action under the substantial evidence rule in:

(1) a district court in Travis County; or

(2) the court of appeals for the Fifteenth [~~Third~~] Court of Appeals District.

SECTION 1.12. Section 39.001(e), Utilities Code, is amended to read as follows:

(e) Judicial review of competition rules adopted by the commission shall be conducted under Chapter 2001, Government Code, except as otherwise provided by this chapter. Judicial review of the validity of competition rules shall be commenced in the Court of Appeals for the Fifteenth [~~Third~~] Court of Appeals District and shall be limited to the commission's rulemaking record. The rulemaking record consists of:

(1) the notice of the proposed rule;

(2) the comments of all interested persons;

(3) all studies, reports, memoranda, or other materials on which the commission relied in adopting the rule; and

(4) the order adopting the rule.

SECTION 1.13. (a) Except as otherwise provided by this Act, the Court of Appeals for the Fifteenth Court of Appeals District is created September 1, 2024.

(b) If the Court of Appeals for the Fifteenth Court of Appeals District is created, the initial vacancies in the offices of chief justice and justices of the court shall be filled by appointment.

SECTION 1.14. (a) The changes in law made by this Act apply to appeals perfected on or after September 1, 2024.

(b) On September 1, 2024, all cases pending in other courts of appeal that were filed on or after September 1, 2023, and of which the Court of Appeals for the Fifteenth Court of Appeals District has exclusive intermediate appellate jurisdiction are transferred to the Court of Appeals for the Fifteenth Court of Appeals District.

(1) all processes, writs, bonds, recognizances, or other obligations issued from the other courts of appeal are returnable to the Court of Appeals for the Fifteenth Court of Appeals District as if originally issued by that court; and

(2) the obligees on all bonds and recognizances taken in and for the other courts of appeal and all witnesses summoned to appear in another court of appeals are required to appear before the Court of Appeals for the Fifteenth Court of Appeals District as if originally required to appear before the Court of Appeals for the Fifteenth Court of Appeals District.

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. Article 4.01, Code of Criminal Procedure, is amended to read as follows:

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

2. Courts of appeals, other than the Court of Appeals for the Fifteenth Court of Appeals District;

3. The district courts;

4. The criminal district courts;

5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;

6. The county courts;

7. All county courts at law with criminal jurisdiction;

8. County criminal courts;

9. Justice courts;

10. Municipal courts;

11. The magistrates appointed by the judges of the district courts of Lubbock County;

12. The magistrates appointed by the El Paso Council of Judges;

13. The magistrates appointed by the Collin County Commissioners Court;

14. The magistrates appointed by the Brazoria County Commissioners Court or the local administrative judge for Brazoria County; and

15. The magistrates appointed by the judges of the district courts of Tom Green County.

SECTION 2.02. Article 4.03, Code of Criminal Procedure, is amended to read as follows:

Art. 4.03. COURTS OF APPEALS. The Courts of Appeals, other than the Court of Appeals for the Fifteenth Court of Appeals District, shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed. This article [~~Article~~] shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed or affirmed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

SECTION 2.03. Article 44.25, Code of Criminal Procedure, is amended to read as follows:

Art. 44.25. CASES REMANDED. The courts of appeals, other than the Court of Appeals of the Fifteenth Court of Appeals District, or the Court of Criminal Appeals may reverse the judgment in a criminal action, as well upon the law as upon the facts.

SECTION 2.04. Section 31.001, Government Code, is amended to read as follows:

Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION. The commissioners courts in the counties of each of the 15 [14] courts of appeals districts may pay additional compensation in an amount that does not exceed the limitations of Section 659.012 to each of the justices of the courts of appeals, other than a justice of the Court of Appeals of the Fifteenth Court of Appeals District, residing within the court of appeals district that includes those counties. The compensation is for all extrajudicial services performed by the justices.

ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; CONSTITUTIONAL CHALLENGE; EFFECTIVE DATE

SECTION 3.01. (a) Notwithstanding Section 22.201(a), Government Code, as amended by this Act, and Sections 22.201(p) and 22.2151, Government Code, as added by this Act, the Court of Appeals for the Fifteenth Court of Appeals District is not created unless the legislature makes a specific appropriation of money for that purpose. For purposes of this subsection, a specific appropriation is an appropriation identifying the Court of Appeals for the Fifteenth Court of Appeals District or an Act of the 88th Legislature, Regular Session, 2023, relating to the creation of the Court of Appeals for the Fifteenth Court of Appeals District.

(b) Notwithstanding Section 22.220(a), Government Code, as amended by this Act, a court of appeals has the same jurisdiction the court had on August 31, 2023, if the Court of Appeals for the Fifteenth Court of Appeals District is not created as a result of Subsection (a) of this section.

SECTION 3.02. The Texas Supreme Court has exclusive and original jurisdiction over a challenge to the constitutionality of this Act or any part of this Act and may issue injunctive or declaratory relief in connection with the challenge.

SECTION 3.03. This Act takes effect September 1, 2023.

Floor Amendment No. 1

Amend CSSB 1045 (house committee report) as follows:

(1) On page 1, line 24, strike "Subsection (n-1)" and substitute "Subsections (n-1) and (n-2)".

(2) On page 2, strike lines 2 and 3, and substitute the following:

Appeals District consists of a chief justice and of five justices holding places numbered consecutively beginning with Place 2.

(n-2) Notwithstanding Subsection (n-1), the Court of Appeals for the Fifteenth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2 for the first three years following the court's creation. This subsection expires September 1, 2027.

Floor Amendment No. 2

Amend CSSB 1045 (house committee report) on page 3, between lines 8 and 9, by inserting the following appropriately lettered paragraphs and relettering subsequent paragraphs of proposed Section 22.220(d)(1), Government Code, accordingly:

(____) a proceeding brought under Chapter 101, Civil Practice and Remedies Code;

(____) a claim of personal injury or wrongful death;

Floor Amendment No. 1 on Third Reading

Amend SB 1045 on third reading in SECTION 1.03 of the bill, on page 2, lines 1 through 3, by striking added Section 22.216(n-1), Government Code, and substituting the following:

(n-1) The Court of Appeals for the Fifteenth Court of Appeals District consists of a chief justice and of four justices holding places numbered consecutively beginning with Place 2.

Floor Amendment No. 3 on Third Reading

Amend SB 1045 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter C, Chapter 22, Government Code, is amended by adding Section 22.2152 to read as follows:

Sec. 22.2152. REPORT ON FIFTEENTH COURT OF APPEALS. Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall submit to the legislature a report on the number and types of cases heard by the Court of Appeals for the Fifteenth Court of Appeals District in the preceding state fiscal year.

The amendments were read.

Senator Huffman moved to concur in the House amendments to SB 1045.

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.

SENATE JOINT RESOLUTION 74 WITH HOUSE AMENDMENTS

Senator Parker called SJR 74 from the President's table for consideration of the House amendments to the resolution.

The Presiding Officer laid the resolution and the House amendments before the Senate.

Amendment

Amend SJR 74 by substituting in lieu thereof the following:

A JOINT RESOLUTION

proposing a constitutional amendment providing for the creation of the centennial parks conservation fund.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article III, Texas Constitution, is amended by adding Section 49-e-1 to read as follows:

Sec. 49-e-1. (a) The centennial parks conservation fund is established as a trust fund outside the treasury. In accordance with general law, the fund may be used only for the creation and improvement of state parks.

(b) The centennial parks conservation fund consists of:

(1) money appropriated to the fund;

(2) money transferred or deposited to the credit of the fund by general law;

(3) investment earnings and interest earned on amounts credited to the fund; and

(4) gifts, grants, and donations received for the fund.

(c) The legislature may appropriate money from the centennial parks conservation fund to the Parks and Wildlife Department or the department's successor in function for the purposes prescribed for the fund by this section and general law.

(d) For purposes of Section 22, Article VIII, of this constitution:

(1) money in the centennial parks conservation fund is dedicated by this constitution; and

(2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.

(d-1) On January 1, 2024, the comptroller of public accounts shall transfer $1 billion of the unencumbered balance of the general revenue fund that exists on that date to the centennial parks conservation fund. This subsection expires December 31, 2024.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2023. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks."

Floor Amendment No. 1

Amend CSSJR 74 (house committee report) as follows:

(1) On page 1, strike lines 11-17 and substitute the following:

(1) money appropriated, credited, or transferred to the fund by the legislature;

(2) gifts, grants, and donations received by the Parks and Wildlife Department or the department's successor in function for a purpose for which money in the fund may be used under this section; and

(3) investment earnings and interest earned on amounts credited to the fund.

(2) On page 2, strike lines 6-10 and substitute the following:

(e) The reasonable expenses of managing the fund and its assets shall be paid from the fund.

The amendments were read.

Senator Parker moved to concur in the House amendments to SJR 74.

The motion prevailed by the following vote: Yeas 28, Nays 3.

Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hancock, Hinojosa, Huffman, Johnson, King, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West, Whitmire, Zaffirini.

Nays: Hall, Hughes, Middleton.

CONFERENCE COMMITTEE ON HOUSE BILL 473

Senator Sparks called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 473 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 473 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Sparks, Chair; Creighton, Campbell, Springer, and Flores.

CONFERENCE COMMITTEE ON HOUSE BILL 2484

Senator LaMantia called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2484 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2484 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators LaMantia, Chair; Campbell, Parker, West, and Kolkhorst.

SENATE BILL 1516 WITH HOUSE AMENDMENT

Senator King called SB 1516 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1516 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Article 11.073(b), Code of Criminal Procedure, is amended to read as follows:

(b) A court may grant a convicted person relief on an application for a writ of habeas corpus if:

(1) the convicted person files an application, in the manner provided by Article 11.07, 11.071, or 11.072, containing specific facts indicating that:

(A) relevant scientific evidence is currently available and was not available at the time of the convicted person's trial because the evidence was not ascertainable through the exercise of reasonable diligence by the convicted person before the date of or during the convicted person's trial; and

(B) the scientific evidence would be admissible under the Texas Rules of Evidence at a trial held on the date of the application; and

(2) the court makes the findings described by Subdivisions (1)(A) and (B) and also finds that, had the scientific evidence been presented at trial, on the preponderance of the evidence the person would not have been convicted or would have received a different punishment.

SECTION ____. Article 11.073, Code of Criminal Procedure, as amended by this Act, applies only to an application for a writ of habeas corpus filed on or after the effective date of this Act. An application filed before the effective date of this Act is governed by the law in effect when the application was filed, and the former law is continued in effect for that purpose.

The amendment was read.

Senator King moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SB 1516 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators King, Chair; Flores, Hinojosa, Bettencourt, and Middleton.

SENATE BILL 22 WITH HOUSE AMENDMENTS

Senator Springer called SB 22 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 22 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of grant programs to provide financial assistance to qualified sheriff's offices, constable's offices, and prosecutor's offices in rural counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 130, Local Government Code, is amended by adding Sections 130.911 and 130.912 to read as follows:

Sec. 130.911. RURAL SHERIFF'S OFFICE SALARY ASSISTANCE GRANT PROGRAM. (a) In this section:

(1) "Grant" means a grant authorized to be awarded by the comptroller under the rural sheriff's office salary assistance grant program established by this section.

(2) "Qualified county" means a county with a population of 300,000 or less.

(b) The comptroller shall establish and administer the rural sheriff's office salary assistance grant program to support the state purpose of ensuring professional law enforcement throughout the state by providing financial assistance to sheriff's offices and constable's offices in qualified counties.

(c) Not later than the 30th day after the first day of a qualified county's fiscal year, the county may submit an application for a grant to the comptroller. A county may submit only one application each fiscal year.

(d) The comptroller shall award a grant to a qualified county that applies for the grant using money appropriated to the comptroller for that purpose. The grant must be in the following applicable amount:

(1) $250,000 if the county has a population of less than 10,000;

(2) $350,000 if the county has a population of 10,000 or more and less than 50,000; or

(3) $500,000 if the county has a population of 50,000 or more and 300,000 or less.

(e) A county that is awarded a grant shall use or authorize the use of the grant money only:

(1) to provide a minimum annual salary of at least:

(A) $75,000 for the county sheriff;

(B) $45,000 for each deputy who makes motor vehicle stops in the routine performance of their duties; and

(C) $40,000 for each jailer whose duties include the safekeeping of prisoners and the security of a jail operated by the county;

(2) to increase the salary of a person described by Subdivision (1);

(3) to hire additional deputies or staff for the sheriff's office;

(4) to purchase vehicles, firearms, and safety equipment for the sheriff's office; or

(5) to provide an aggregated maximum of $25,000 to the constable's offices in the county for the purchase of vehicles, firearms, and safety equipment.

(f) A county that is awarded a grant may not use or authorize the use of the grant money for a purpose other than to meet the minimum salary requirements prescribed by Subsection (e)(1) until those requirements are satisfied.

(g) A county may not reduce the amount of funds provided to the sheriff's office or constable's office because of grant funds provided under this section.

(h) The comptroller shall adopt rules necessary to implement this section, including rules that establish:

(1) a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;

(2) deadlines for:

(A) applying for the grant;

(B) disbursement of grant money; and

(3) procedures for:

(A) monitoring the disbursement of grant money to ensure compliance with this section; and

(B) the return of grant money that was not used by a county for a purpose authorized by this section.

Sec. 130.912. RURAL PROSECUTOR'S OFFICE SALARY ASSISTANCE GRANT PROGRAM. (a) In this section:

(1) "Grant" means a grant authorized to be awarded by the comptroller under the rural prosecutor's office salary assistance grant program established by this section.

(2) "Qualified prosecutor's office" means, in a jurisdiction with a population of 300,000 or less, the office of a district attorney, criminal district attorney, or county attorney with criminal prosecution duties.

(b) The comptroller shall establish and administer the rural prosecutor's office salary assistance grant program to support the state purpose of ensuring professional legal representation of the people's interests throughout the state by providing financial assistance to qualified prosecutor's offices.

(c) Not later than the 30th day after the first day of a qualified prosecutor's office's fiscal year, the prosecutor's office may submit an application for a grant to the comptroller. A prosecutor's office may submit only one application each fiscal year.

(d) The comptroller shall award a grant to a qualified prosecutor's office that applies for the grant using money appropriated to the comptroller for that purpose. The grant must be in the following applicable amount:

(1) $100,000 if the prosecutor's office's jurisdiction has a population of less than 10,000;

(2) $175,000 if the prosecutor's office's jurisdiction has a population of 10,000 or more and less than 50,000; or

(3) $275,000 if the prosecutor's office's jurisdiction has a population of 50,000 or more and 300,000 or less.

(e) A prosecutor's office that is awarded a grant shall use or authorize the use of the grant money only:

(1) to supplement the salary of a district attorney, criminal district attorney, or county attorney with criminal prosecution duties, as applicable to the county, in addition to any other supplement authorized by law;

(2) to increase the salary of an assistant attorney, an investigator, or a victim assistance coordinator employed at the office; or

(3) to hire additional staff for the office.

(f) A county may not reduce the amount of funds provided to a prosecutor's office because of grant funds provided under this section.

(g) The comptroller shall adopt rules necessary to implement this section, including rules that establish:

(1) a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;

(2) deadlines for:

(A) applying for the grant;

(B) disbursement of grant money; and

(3) procedures for:

(A) monitoring the disbursement of grant money to ensure compliance with this section; and

(B) the return of grant money that was not used by a county for a purpose authorized by this section.

SECTION 2. A qualified county or prosecutor's office, as defined by Section 130.911 or 130.912, Local Government Code, as added by this Act, may not apply for a rural sheriff's office salary assistance grant or a rural prosecutor's office salary assistance grant before January 1, 2024.

SECTION 3. Not later than January 1, 2024, the comptroller of public accounts shall comply with the requirements of Sections 130.911 and 130.912, Local Government Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2023.

Floor Amendment No. 1

Amend CSSB 22 (house committee report) as follows:

(1) On page 1, line 7, strike "130.911 and 130.912" and substitute "130.911, 130.912, and 130.913".

(2) On page 1, line 20, strike "and constable's offices".

(3) On page 2, line 23, after the semicolon, add "or".

(4) On page 2, line 25, strike "; or" and substitute an underlined period.

(5) Strike page 2, line 26, through page 3, line 1.

(6) On page 3, line 7, strike "or constable's office".

(7) On page 3, between lines 22 and 23, insert the following:

Sec. 130.912. RURAL CONSTABLE'S OFFICE SALARY ASSISTANCE GRANT PROGRAM. (a) In this section:

(1) "Grant" means a grant authorized to be awarded by the comptroller under the rural constable's office salary assistance grant program established by this section.

(2) "Qualified county" means a county with a population of 300,000 or less.

(b) The comptroller shall establish and administer the rural constable's office salary assistance grant program to support the state purpose of ensuring professional law enforcement throughout the state by providing financial assistance to constable's offices in qualified counties.

(d) The comptroller shall award a grant to a qualified county that applies for the grant using money appropriated to the comptroller for that purpose.

(e) A county that is awarded a grant shall use or authorize the use of the grant money only to provide a minimum annual salary of $45,000 to an elected constable who makes motor vehicle stops in the routine performance of the constable's duties.

(f) A county may not reduce the amount of funds provided to the constable's office because of grant funds provided under this section.

(g) The comptroller shall adopt rules necessary to implement this section, including rules that establish:

(1) a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;

(2) deadlines for:

(A) applying for the grant;

(B) disbursement of grant money; and

(3) procedures for:

(A) monitoring the disbursement of grant money to ensure compliance with this section; and

(B) the return of grant money that was not used by a county for a purpose authorized by this section.

(8) On page 3, line 23, strike "130.912" and substitute "130.913".

(9) Strike page 4, line 27, through page 5, line 3, and renumber subsequent subdivisions accordingly.

(10) On page 5, line 24, strike "county" and substitute "qualified prosecutor's office".

(11) On page 5, line 26, strike "130.911 or 130.912" and substitute "130.911, 130.912, or 130.913".

(12) On page 6, line 1, between "grant" and "or", insert ", a rural constable's office salary assistance grant,".

(13) On page 6, line 5, strike "130.911 and 130.912" and substitute "130.911, 130.912, and 130.913".

The amendments were read.

Senator Springer moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SB 22 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Springer, Chair; Huffman, Campbell, Bettencourt, and Hinojosa.

SENATE BILL 1599 WITH HOUSE AMENDMENT

Senator Hughes called SB 1599 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1599 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to ballots voted by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 66.026, Election Code, is amended to read as follows:

Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4 must contain:

(1) the original of the ballot register;

(2) the register of spoiled ballots;

(3) any spoiled ballots;

(4) any ballot to be voted by mail returned at the polling place;

(5) [~~(4)~~] any defectively printed ballots;

(6) [~~(5)~~] any envelope containing cancellation requests and canceled ballots; and

(7) [~~(6)~~] any other unused ballots.

SECTION 2. Section 84.032, Election Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) An election officer shall maintain a register of ballots to be voted by mail returned at a polling place under Subsection (d). An election officer shall enter on the register the name of each voter who returns a ballot to be voted by mail and the ballot's number. The secretary of state shall adopt a form to be used for this purpose.

SECTION 3. Section 84.036, Election Code, is amended to read as follows:

Sec. 84.036. DISPOSITION OF RETURNED BALLOT. (a) If an early voting ballot sent to an applicant whose application is canceled is returned to the early voting clerk as a marked ballot, the ballot shall be treated as a marked ballot not timely returned.

(b) After making the appropriate entry on a register maintained under Section 84.032(d-1), an election officer shall deposit a ballot to be voted by mail returned at a polling place under Section 84.032(d) in ballot box no. 4.

SECTION 4. Section 86.008, Election Code, is amended to read as follows:

Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: [~~DEFECTIVE~~] APPLICATION. (a) This section applies to an application for a ballot to be voted by mail for which the applicant failed to comply with a requirement provided by Section 84.002, 84.0021, or 84.003(a) in a manner that would lead, if not corrected, to the rejection of the applicant's application.

(a-1) Not later than the second day after the early voting clerk discovers a defect described by Subsection (a), the early voting clerk shall:

(1) determine if it would be possible for the applicant to correct the defect and return an application form by mail before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable; and

(2) notwithstanding any other law, if the clerk determines it would be possible to correct the defect and return an application form before the deadline provided by Section 84.007(c) or 86.0015(b-1), either return the application to the applicant or [If on reviewing an application for a ballot to be voted by mail that was received on or before the 18th day before election day the early voting clerk determines that the application does not fully comply with the applicable requirements prescribed by this title, the clerk shall mail or otherwise] deliver an official application form to the applicant.

(b) The clerk shall include with the returned application or an application form [~~mailed or~~] delivered to the applicant under Subsection (a-1)(2) a written notice containing:

(1) a brief explanation of each defect in the noncomplying application;

(2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and

(3) instructions for submitting the corrected or second application.

(c) If the early voting clerk determines that it would not be possible for the applicant to correct the defect and return an application form by mail before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, [an application that does not fully comply with the applicable requirements prescribed by this title is received after the 12th day before election day and before the end of the period for early voting by personal appearance,] the clerk may notify the applicant by telephone or e-mail of the defect, including the information required under Subsection (b), and inform the applicant that the applicant may come to the early voting clerk's office before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, and correct the defect in person [shall mail or otherwise deliver a notice to the voter containing the information prescribed by Subdivisions (1) and (2) of Subsection (b), including a statement that the application was late, if applicable].

(c-1) The clerk shall:

(1) in addition to returning an application or providing an application form under Subsection (a-1)(2) or notifying an applicant under Subsection (c), notify the applicant of a defect discovered under this section and provide the information required to be included under Subsection (b) using the online tool described by Section 86.015; and

(2) if possible, permit the applicant to correct a defect using the online tool described by Section 86.015.

(d) Notwithstanding any other provisions of this code, the clerk may deliver in person to the voter a second application if the defective original application is timely and may receive, before the deadline, the corrected application in person from the voter. If a procedure authorized by this subsection is used, it must be applied uniformly to all applications covered by this subsection. The clerk shall enter a notation on the application indicating any information added by the clerk under this subsection. A poll watcher is entitled to accompany the clerk and observe the procedures under this subsection. The secretary of state may prescribe any other procedures necessary to implement this subsection including requirements for posting notice of any deliveries.

SECTION 5. Sections 86.015(a) and (b), Election Code, are amended to read as follows:

(a) The secretary of state shall develop or otherwise provide an online tool to each early voting clerk [~~that enables a person who submits an application for a ballot to be voted by mail to track the location and status of the person's application and ballot~~] on the secretary's Internet website and on the county's Internet website if the early voting clerk is the county clerk of a county that maintains an Internet website that enables a person who submits an application for a ballot to be voted by mail to:

(1) track the location and status of the person's application and ballot; and

(2) receive notice of and, if possible, correct a defect in the person's application and ballot under Sections 86.008(c-1), 87.0271(e-1), and 87.0411(e-1).

(b) The online tool developed or provided under Subsection (a) must require the voter to provide, before permitting the voter to access information described by that subsection:

(1) the voter's name and date of birth [~~registration address~~] and the last four digits of the voter's social security number; and

(2) the voter's:

(A) driver's license number; or

(B) personal identification card number issued by the Department of Public Safety.

SECTION 6. Section 87.0222, Election Code, is amended to read as follows:

Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) Except as provided by Subsection (a-1), not later than the ninth day before election day [Notwithstanding Section 87.024, in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services], the jacket envelopes containing [~~the~~] early voting ballots voted by mail shall [~~may~~] be delivered to the board [between the end of the ninth day before the last day of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge of the board].

(a-1) Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots under Subsection (a) may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge.

(b) The early voting clerk shall post notice of each delivery of balloting materials under this section that is to be made before the time for opening the polls on election day. The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

(c) At least 24 hours before each delivery made before the time for opening the polls on election day, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the delivery is to be made.

SECTION 7. Sections 87.0241(a) and (c), Election Code, are amended to read as follows:

(a) The early voting ballot board shall make its determination [~~may determine~~] whether to accept early voting ballots voted by mail in accordance with Section 87.041 [~~at any time~~] after the ballots are delivered to the board.

(c) The secretary of state shall prescribe any procedures necessary for implementing this section [~~in regard to elections described by Subsection (b)(2)~~].

SECTION 8. Section 87.0271, Election Code, is amended by amending Subsections (b) and (c) and adding Subsections (b-1), (c-1), and (e-1) to read as follows:

(b) Not later than the second [~~business~~] day after a signature verification committee discovers a defect described by Subsection (a) and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee shall send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier[:

[~~(1)~~ ~~determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day; and~~

[~~(2)~~ return the carrier envelope to the voter by mail, if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day].

(b-1) The signature verification committee shall include with the notice delivered to the voter under Subsection (b):

(1) a brief explanation of each defect in the noncomplying ballot; and

(2) a notice that the voter may:

(A) cancel the voter's application to vote by mail in the manner described by Section 84.032; or

(B) correct the defect in the voter's ballot by:

(i) submitting a corrective action form developed and made available by the secretary of state under Subsection (c-1) by mail or by common or contract carrier; or

(ii) coming to the early voting clerk's office not later than the sixth day after election day.

(c) If the signature verification committee determines [~~under Subsection (b)(1)~~] that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect [~~and return the carrier envelope before the time the polls are required to close on election day~~], the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier, or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect.

(c-1) The secretary of state shall develop a corrective action form that may be completed and submitted to a signature verification committee under this section to correct a defect.

(e-1) The committee shall:

(1) in addition to sending the voter a notice of the defect under Subsection (b) or notifying the voter of the defect by telephone or e-mail under Subsection (c), notify the voter of a defect discovered under this section using the online tool described by Section 86.015; and

(2) if possible, permit the voter to correct a defect using the online tool described by Section 86.015.

SECTION 9. Section 87.041(d-1), Election Code, is amended to read as follows:

(d-1) If a voter provides the information required under Section 86.002(g) and it identifies the same voter identified on the voter's application for voter registration under Section 13.002(c)(8), the signature on the ballot application and on the carrier envelope certificate shall be rebuttably presumed to be the signatures of the voter. The board shall compare signatures in making a determination under Subsection (b)(2) regardless of whether the presumption provided by this subsection exists.

SECTION 10. Section 87.0411, Election Code, is amended by amending Subsections (b) and (c) and adding Subsections (b-1), (c-1), and (e-1) to read as follows:

(b) Not later than the second [~~business~~] day after an early voting ballot board discovers a defect described by Subsection (a) and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board shall send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier[:

[~~(1)~~ ~~determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day; and~~

[~~(2)~~ return the carrier envelope to the voter by mail, if the board determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day].

(b-1) The early voting ballot board shall include with the notice delivered to the voter under Subsection (b):

(1) a brief explanation of each defect in the noncomplying ballot; and

(2) a notice that the voter may:

(A) cancel the voter's application to vote by mail in the manner described by Section 84.032; or

(B) correct the defect in the voter's ballot by:

(i) submitting a corrective action form developed and made available by the secretary of state under Subsection (c-1) by mail or by common or contract carrier; or

(ii) coming to the early voting clerk's office not later than the sixth day after election day.

(c) If the early voting ballot board determines [~~under Subsection (b)(1)~~] that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect [~~and return the carrier envelope before the time the polls are required to close on election day~~], the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier, or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect.

(c-1) The secretary of state shall develop a corrective action form that may be completed and submitted to an early voting ballot board under this section to correct a defect.

(e-1) The early voting ballot board shall:

(1) in addition to sending the voter notice of the defect under Subsection (b) or notifying the voter of the defect by telephone or e-mail under Subsection (c), notify the voter of a defect discovered under this section using the online tool described by Section 86.015; and

(2) if possible, permit the voter to correct a defect using the online tool described by Section 86.015.

SECTION 11. The change in law made by this Act applies only to an application for a ballot to be voted by mail submitted on or after the effective date of this Act. An application for a ballot to be voted by mail submitted before the effective date of this Act is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.

SECTION 12. The changes in law made by this Act apply only to an election held on or after the effective date of this Act. An election held before the effective date of this Act is governed by the law in effect when the election was held, and that law is continued in effect for that purpose.

SECTION 13. This Act takes effect September 1, 2023.

The amendment was read.

Senator Hughes moved to concur in the House amendment to SB 1599.

The motion prevailed by the following vote: Yeas 31, Nays 0.

SENATE BILL 994 WITH HOUSE AMENDMENT

Senator Schwertner called SB 994 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 994 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the declaration of a candidate's ineligibility on the basis of failure to pay a filing fee or submit a petition in lieu of a filing fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 145.003, Election Code, is amended by amending Subsections (b) and (f) and adding Subsection (f-1) to read as follows:

(b) Except as provided by Subsection (f-1), a [A] candidate in the general election for state and county officers may be declared ineligible before the 30th day preceding election day by:

(1) the party officer responsible for certifying the candidate's name for placement on the general election ballot, in the case of a candidate who is a political party's nominee; [or]

(2) the authority with whom the candidate's application for a place on the ballot is required to be filed, in the case of an independent candidate; or

(3) the secretary of state, if the candidate is ineligible under Subsection (f)(3).

(f) A candidate may be declared ineligible only if:

(1) the information on the candidate's application for a place on the ballot indicates that the candidate is ineligible for the office; [or]

(2) facts indicating that the candidate is ineligible are conclusively established by another public record; or

(3) the candidate fails to pay the filing fee or submit a petition in lieu of a filing fee.

(f-1) A candidate may not be declared ineligible under Subsection (f)(3) after the 74th day preceding election day.

SECTION 2. Section 145.036, Election Code, is amended by amending Subsection (a) and adding Subsection (b-1) to read as follows:

(a) Except as provided by Subsections [~~Subsection~~] (b) and (b-1), if a candidate's name is to be omitted from the ballot under Section 145.035, the political party's state, district, county, or precinct executive committee, as appropriate for the particular office, may nominate a replacement candidate to fill the vacancy in the nomination.

(b-1) An executive committee may make a replacement nomination following an administrative declaration of ineligibility under Section 145.003(f)(3) only if the replacement candidate pays the filing fee or submits a petition in lieu of a filing fee.

SECTION 3. This Act takes effect September 1, 2023.

The amendment was read.

Senator Schwertner moved to concur in the House amendment to SB 994.

The motion prevailed by the following vote: Yeas 23, Nays 8.

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

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

COMMITTEE SUBSTITUTE
HOUSE BILL 3699 ON SECOND READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSHB 3699 at this time on its second reading:

CSHB 3699, Relating to municipal regulation of subdivisions and approval of subdivision plans or plats.

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, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Springer, West.

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

The bill was read second time and was passed to third reading by the following vote: Yeas 22, Nays 9. (Same as previous roll call)

HOUSE BILL 4363 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration HB 4363 at this time on its second reading:

HB 4363, Relating to the establishment of the Future Texas Teachers Scholarship Program for certain students at public institutions of higher education.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, Kolkhorst, LaMantia, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Springer, West, Whitmire, Zaffirini.

Nays: Hall, Hancock, Hughes, King, Middleton, Sparks.

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 4363 (senate committee report) in SECTION 1 of the bill as follows:

(1) In added Section 56.504(a)(5), Education Code (page 2, line 30), strike "and".

(2) In added Section 56.504(a), Education Code, between Subdivisions (5) and (6) (page 2, between lines 30 and 31), insert the following:

(6) complete a criminal history background check from:

(A) any law enforcement or criminal justice agency; or

(B) a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.);

(7) provide the educator preparation program with the completed background check report and any supplemental documentation the program may request to evaluate the background check report for the purposes of this section; and

(3) In added Section 56.504(a)(6), Education Code (page 2, line 31), strike "(6)" and substitute "(8)".

(4) In added Section 56.504, Education Code (page 2, between lines 52 and 53), insert the following:

(c) An educator preparation program shall review the background check documentation provided under Subsection (a)(7) for the purposes of making a determination under Subsection (b).

The amendment to HB 4363 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 4363 as amended was passed to third reading by the following vote: Yeas 25, Nays 6.

Nays: Hall, Hancock, Hughes, King, Middleton, Sparks.

HOUSE BILL 4363 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 HB 4363 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Nays: Hall, Hancock, Hughes, King, Middleton, Sparks.

The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)

HOUSE BILL 5409 ON SECOND READING

On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration HB 5409 at this time on its second reading:

HB 5409, Relating to the board of directors and duties of the Gulf Coast Protection District.

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 5409 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 HB 5409 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 2177 ON SECOND READING

Senator LaMantia moved to suspend the regular order of business to take up for consideration HB 2177 at this time on its second reading:

HB 2177, Relating to establishing a digital course materials pilot program.

The motion prevailed by the following vote: Yeas 22, Nays 9.

Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Middleton, Miles, Nichols, Perry, Schwertner, West, Whitmire, Zaffirini.

Nays: Campbell, Hall, Hancock, Hughes, Kolkhorst, Parker, Paxton, Sparks, Springer.

The bill was read second time and was passed to third reading by the following vote: Yeas 22, Nays 9. (Same as previous roll call)

HOUSE BILL 699 ON SECOND READING

Senator Paxton moved to suspend the regular order of business to take up for consideration HB 699 at this time on its second reading:

HB 699, Relating to determining the student enrollment of a public school that allows non-enrolled students to participate in University Interscholastic League activities for purposes of assigning a University Interscholastic League classification.

The motion prevailed.

Senators Alvarado, Gutierrez, Johnson, Miles, and Whitmire 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: Alvarado, Gutierrez, Johnson, Miles, Whitmire.

HOUSE BILL 699 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 699 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 5.

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

Nays: Alvarado, Gutierrez, Johnson, Miles, Whitmire.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)

HOUSE BILL 2177 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 2177 be placed on its third reading and final passage:

HB 2177, Relating to establishing a digital course materials pilot program.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hinojosa, Huffman, Johnson, King, LaMantia, Menéndez, Middleton, Miles, Nichols, Parker, Perry, Schwertner, Sparks, West, Whitmire, Zaffirini.

Nays: Hall, Hancock, Hughes, Kolkhorst, Paxton, Springer.

The bill was read third time and was passed by the following vote: Yeas 22, Nays 9.

Nays: Campbell, Hall, Hancock, Hughes, Kolkhorst, Parker, Paxton, Sparks, Springer.

COMMITTEE SUBSTITUTE
HOUSE BILL 2620 ON SECOND READING

On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2620 at this time on its second reading:

CSHB 2620, Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to compensation to a county for certain costs of confinement.

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 2620 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 CSHB 2620 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 999 ON SECOND READING

On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration HB 999 at this time on its second reading:

HB 999, Relating to the effect of certain reductions in a health benefit plan enrollee's out-of-pocket expenses for certain prescription drugs on enrollee cost-sharing requirements.

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 999 ON THIRD READING

Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 999 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 4170 ON SECOND READING

Senator LaMantia moved to suspend the regular order of business to take up for consideration HB 4170 at this time on its second reading:

HB 4170, Relating to enforcement actions taken against a child-care or child-placing agency administrator's license.

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 4170 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 4170 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)

COMMITTEE SUBSTITUTE
HOUSE BILL 2847 ON SECOND READING

On motion of Senator Sparks and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2847 at this time on its second reading:

CSHB 2847, Relating to the jurisdiction of the Railroad Commission of Texas over and a study of the production, pipeline transportation, and storage of hydrogen.

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 2847 ON THIRD READING

Senator Sparks moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2847 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 315 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 315 at this time on its second reading:

HB 315, Relating to a statement by the secretary of state regarding the furnishing of certain personal information on an application for a ballot to be voted by mail.

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 315 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 315 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 2671 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 2671 at this time on its second reading:

HB 2671, Relating to the postponement of a hearing for a temporary order in certain family law cases referred to mediation.

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 2671 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 2671 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 3297 ON SECOND READING

Senator Middleton moved to suspend the regular order of business to take up for consideration HB 3297 at this time on its second reading:

HB 3297, Relating to the elimination of regular mandatory vehicle safety inspections for noncommercial vehicles and the imposition of replacement fees.

The motion prevailed by the following vote: Yeas 20, Nays 11.

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

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

The bill was read second time.

Senator Menéndez offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3297 (senate committee report) as follows:

(1) Strike SECTIONS 1 through 18 of the bill (page 1, line 26, through page 5, line 9).

(2) In SECTION 19 of the bill, amending Section 548.508, Transportation Code (page 5, line 14), strike "and 548.510" and substitute ", 548.510, and 548.511".

(3) Strike SECTIONS 20 through 21 of the bill (page 5, line 17, through page 6, line 6).

(4) In SECTION 22 of the bill, in added Section 548.511, Transportation Code (page 6, line 10), strike "Section 548.510 does not apply to:" and substitute the following:

(a) Except as otherwise provided by this section, in addition to other fees imposed at the time of registration, at the time of application for initial registration or renewal of registration of a motor vehicle, trailer, semitrailer, pole trailer, or mobile home that is not required to be inspected under Section 548.0515, the applicant shall pay an annual fee of $7.50.

(b) Instead of the fee provided by Subsection (a), an applicant shall pay a one-time fee of $16.75 if the application is for the initial registration of a passenger car or light truck that:

(1) is sold in this state or purchased by a commercial fleet buyer described by Section 501.0234(b)(4) for use in this state;

(2) has not been previously registered in this or another state; and

(3) on the date of sale is of the current model year or preceding model year.

(c) An applicant who pays a fee under Subsection (b) for a registration year is not required to pay a fee under Subsection (a) for the next registration year for the same vehicle.

(d) Each fee paid under Subsection (a) shall be deposited by the comptroller after receipt under Section 548.509 as follows:

(1) $3.50 to the credit of the Texas mobility fund;

(2) $2 to the credit of the general revenue fund; and

(3) $2 to the credit of the clean air account.

(e) Each fee paid under Subsection (b) shall be deposited by the comptroller after receipt under Section 548.509 as follows:

(1) $12.75 to the credit of the Texas mobility fund;

(2) $2 to the credit of the general revenue fund; and

(3) $2 to the credit of the clean air account.

(f) A fee collected under this section is not a motor vehicle registration fee and the revenue collected from the fee is not required to be used for a purpose specified by Section 7-a, Article VIII, Texas Constitution.

(g) This section does not apply to:

(5) In SECTION 22 of the bill, in added Section 548.511, Transportation Code (page 6, line 35), strike "or".

(6) In SECTION 22 of the bill, in added Section 548.511, Transportation Code (page 6, line 37), after the semicolon, add "or".

(7) In SECTION 22 of the bill, in added Section 548.511, Transportation Code (page 6, between lines 37 and 38), insert the following:

(8) Strike SECTIONS 23 through 26 (page 6, line 45, through page 7, line 20).

(9) Add the following appropriately numbered SECTIONS to the bill:

SECTION ____. Section 382.0622(a), Health and Safety Code, is amended to read as follows:

(a) Clean Air Act fees consist of:

(1) fees collected by the commission under Sections 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided by law;

(2) $2 from the portion of each fee collected for inspections of vehicles other than mopeds and remitted to the state under Sections 548.501 and 548.503, Transportation Code;

(3) each amount described by Sections 548.511(d)(3) and (e)(3), Transportation Code; and

(4) [~~(3)~~] fees collected that are required under Section 185 of the federal Clean Air Act (42 U.S.C. Section 7511d).

SECTION ____. Subchapter B, Chapter 548, Transportation Code, is amended by adding Section 548.0515 to read as follows:

Sec. 548.0515. SAFETY INSPECTIONS REQUIRED ONLY IN CERTAIN COUNTIES. Notwithstanding another provision of this chapter, a motor vehicle, trailer, semitrailer, pole trailer, or mobile home registered in this state is only required to be inspected under Section 548.051 if the vehicle is registered in a county:

(1) with a population of more than 500,000;

(2) located in a nonattainment area, including an area designated nonattainment for an ozone national ambient air quality standard; or

(3) in which the conservation commission has established a motor vehicle emissions inspection and maintenance program under Subchapter F.

(10) Renumber the SECTIONS of the bill accordingly.

The amendment to HB 3297 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.