FOURTH DAY
(Continued)
(Friday, August 22, 2025)
AFTER RECESS
The Senate met at 10:17 a.m. and was called to order by the President.
State Minister Scot Wall, Capitol Commission Texas, offered the invocation as follows:
Heavenly Father, thank You. You have brought us through, I know, long days and late nights and moments of unity and also deep disagreement. Yet through it all, You have been faithful and You loved each of us. So, today, I lift up each Member here in the Senate, everyone in the Chamber, too. These men and women have just borne the weight of very difficult decisions, I know, throughout the session. They've worked very hard and I thank You for them, not just for what they've done, but for who they are. And as this second special session hopefully begins to wind down and we prepare to go our separate ways to our homes, our families, our districts, I ask that everybody here would be able to leave, not just having done the work of legislation that You have called them here for, but have being, having felt deeply and personally loved by You, especially through Your son, Jesus Christ. And may Your love be the kind that serves, that's patient and kind, that's not self-seeking, not easily angered, but that love be in their hearts and guide their steps today and in the days to come. In Your son, Jesus' name I pray. Amen.
SENATOR ANNOUNCED PRESENT
Senator Menéndez, who had previously been recorded as "Absent-excused," was announced "Present."
SENATE BILL 5 WITH HOUSE AMENDMENT
Senator Huffman called SB 5 from the President's table for consideration of the House amendment to the bill.
The President laid the bill and the House amendment before the Senate.
Amendment
Amend SB 5 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations for disaster relief and preparedness and giving direction and adjustment authority regarding those appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE GOVERNOR: FEMA MATCH AND DISASTER FUNDS. The amount of $240,000,000 is appropriated from the economic stabilization fund to the Trusteed Programs within the Office of the Governor for the two-year period beginning on the effective date of this Act to be used:
(1) to match federal money received related to disaster response, relief, and recovery; and
(2) for the disaster needs of this state in a manner consistent with Strategy A.1.1, Disaster Funds, as listed in Chapter 1170 (H.B. 1), Acts of the 88th Legislature, Regular Session, 2023 (the General Appropriations Act), and Chapter 1185 (S.B. 1), Acts of the 89th Legislature, Regular Session, 2025 (the General Appropriations Act).
SECTION 2. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE GOVERNOR: LOCAL GRANTS. The amount of $50,000,000 is appropriated from the economic stabilization fund to the Trusteed Programs within the Office of the Governor for the two-year period beginning on the effective date of this Act to be used for the purpose of making grants to assist counties, municipalities, or other local governments operating within Bandera, Bexar, Burnet, Caldwell, Coke, Comal, Concho, Edwards, Gillespie, Guadalupe, Hamilton, Kendall, Kerr, Kimble, Kinney, Lampasas, Llano, Mason, Maverick, McCulloch, Menard, Real, Reeves, San Saba, Schleicher, Sutton, Tom Green, Travis, Uvalde, or Williamson County, as provided by the governor's declaration of disaster on July 4, 2025, regarding a heavy rainfall and flooding event and the subsequent amendments to that declaration, in establishing and implementing a system of flood warning sirens and rain gauges and purchasing other related equipment.
SECTION 3. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE GOVERNOR: METEOROLOGICAL FORECASTING. The amount of $28,000,000 is appropriated from the economic stabilization fund to the Trusteed Programs within the Office of the Governor for the two-year period beginning on the effective date of this Act to be used for the purpose of providing disaster preparedness grants to improve meteorological forecasting, enhance weather intelligence and forecasting accuracy, and improve flood management and timeliness of flood warnings in the Texas Hill Country through high resolution integrated weather solutions.
SECTION 4. CONTINGENT APPROPRIATIONS: INTEROPERABLE EMERGENCY COMMUNICATIONS. (a) Contingent on the enactment of H.B. 3 or similar legislation of the 89th Legislature, 2nd Called Session, 2025, relating to the interoperability of emergency communication equipment and infrastructure in this state, including the creation and operation of the Texas Interoperability Council, a grant program administered by the council, and the purchase of certain public safety radio communication systems, the amount of $50,000,000 is appropriated from the economic stabilization fund to the Texas Interoperability Council for use by the council during the two-year period beginning on the effective date of this Act to implement the provisions of that legislation.
(b) Contingent on the failure to enact H.B. 3 or similar legislation of the 89th Legislature, 2nd Called Session, 2025, relating to the interoperability of emergency communication equipment and infrastructure in this state, including the creation and operation of the Texas Interoperability Council, a grant program administered by the council, and the purchase of certain public safety radio communication systems:
(1) the amount of $50,000,000 is appropriated from the economic stabilization fund to the comptroller of public accounts for immediate deposit to the emergency radio infrastructure account number 5153; and
(2) the amount of $50,000,000 is appropriated from the emergency radio infrastructure account number 5153 to the Trusteed Programs within the Office of the Governor to be used during the two-year period beginning on the effective date of this Act for the governor's interoperable radio communications program in accordance with Subchapter F, Chapter 421, Government Code.
SECTION 5. LIMITATION, REPORTING, AND TRANSFER PROVISIONS OF GENERAL APPROPRIATIONS ACTS APPLY. Unless explicitly stated otherwise, the provisions relating to limitations, reporting, or transfer of Chapter 1170 (H.B. 1), Acts of the 88th Legislature, Regular Session, 2023 (the General Appropriations Act), and Chapter 1185 (S.B. 1), Acts of the 89th Legislature, Regular Session, 2025 (the General Appropriations Act), apply to the appropriations made by this Act.
SECTION 6. EFFECTIVE DATE. (a) Subject to Subsection (b) of this section, this Act takes effect on the later of:
(1) the earliest date on which it may take effect under Section 14, Article IV, Texas Constitution; or
(2) September 1, 2025.
(b) This Act takes effect only if it receives a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.
The amendment was read.
Senator Huffman 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 President asked if there were any motions to instruct the conference committee on SB 5 before appointment.
There were no motions offered.
The President announced the appointment of the following conferees on the part of the Senate: Senators Huffman, Chair; Perry, Flores, Campbell, and J. Hinojosa.
HOUSE BILL 4 ON SECOND READING
Senator King moved to suspend the regular order of business to take up for consideration HB 4 at this time on its second reading:
HB 4, Relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas.
Question: Shall the regular order of business be suspended for HB 4?
(Senator Birdwell in Chair)
AT EASE
The Presiding Officer at 11:46 a.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
The Presiding Officer at 12:00 p.m. called the Senate to order as In Legislative Session.
SENATE RULE 7.12(a) SUSPENDED
(Printing of Bills)
(Motion In Writing)
Senator King offered the following Motion In Writing:
Mr. President,
Pursuant to Senate Rule 7.12(a), the Printing Rule, I move that the Senate order HB 4 not printed.
Thank you, Mr. President.
KING
Strict enforcement was requested by Senator Gutierrez.
The Motion In Writing prevailed by the following vote: Yeas 17, Nays 10.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Schwertner, Sparks.
Nays: Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Absent: Alvarado, Perry.
Absent-excused: Paxton.
RECESS
On motion of Senator Zaffirini, the Senate at 2:01 p.m. recessed until 2:30 p.m. today.
AFTER RECESS
The Senate met at 2:50 p.m. and was called to order by Senator Flores.
AT EASE
The Presiding Officer at 3:57 p.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
The Presiding Officer at 4:07 p.m. called the Senate to order as In Legislative Session.
HOUSE BILL 4 ON SECOND READING
(Continued)
HB 4, Relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas.
Question: Shall the regular order of business be suspended for HB 4?
The motion prevailed by the following vote: Yeas 18, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Absent-excused: Paxton.
The bill was read second time.
(President in Chair)
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 4 by adding the following appropriately numbered ARTICLE to the bill and renumbering the ARTICLES of the bill accordingly:
ARTICLE ___
SECTION 7. The heading to Title 5, Government Code, is amended to read as follows:
TITLE 5. OPEN GOVERNMENT; ETHICS; CONGRESSIONAL REDISTRICTING
SECTION 8. Title 5, Government Code, is amended by adding Subtitle C to read as follows:
SUBTITLE C. CONGRESSIONAL REDISTRICTING
CHAPTER 581. TEXAS REDISTRICTING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 581.001. DEFINITIONS. In this chapter:
(1) "Census year" means a calendar year in which the United States decennial census is taken.
(2) "Commission" means the Texas Redistricting Commission.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The commission has the sole responsibility to create districts for the election of members of the United States House of Representatives from this state.
SUBCHAPTER C. MEMBERSHIP
Sec. 581.101. ELIGIBILITY. (a) Except as otherwise provided by this subchapter, a Texas voter who is older than 25 years of age is eligible for membership on the commission.
(b) An applicant for appointment to the commission must submit an application to the secretary of state.
(c) An applicant for appointment by members of the legislature belonging to a political party must have voted in that party's previous four primary elections. An applicant for appointment as an independent member may not have voted consecutively in the same political party's primary election during the previous three primary elections.
(d) An applicant is ineligible for membership on the commission if the applicant:
(1) holds a public office;
(2) has held a public office in the four years preceding appointment to the commission;
(3) is running for public office;
(4) is working under an elected official;
(5) is working for a political campaign for state or federal office; or
(6) is a registered state or federal lobbyist.
(e) A commission member may not:
(1) run for public office during the member's term;
(2) run for public office during the two years following the adoption of a redistricting plan by the commission;
(3) work under an elected official during the member's term;
(4) work for or contribute to a campaign for state or federal office during the member's term; or
(5) register as a state or federal lobbyist during the member's term.
Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission consists of nine members chosen from eligible applicants under Section 581.101.
(b) Eight members of the commission shall be appointed in a bipartisan manner by the legislature, as follows:
(1) two members are appointed by a majority vote of the members of the Texas House of Representatives belonging to the political party with the most members in the house of representatives;
(2) two members are appointed by a majority vote of the members of the Texas House of Representatives belonging to the political party with the second highest number of members in the house of representatives;
(3) two members are appointed by a majority vote of the members of the Texas Senate belonging to the political party with the most members in the senate; and
(4) two members are appointed by a majority vote of the members of the Texas Senate belonging to the political party with the second highest number of members in the senate.
(c) The ninth member of the commission shall be chosen from among the independent applicants by the eight members appointed by the legislature. The appointment requires at least five votes and shall be made not later than the 30th day after the commission convenes. The ninth member serves as a nonvoting presiding officer, except that the member shall vote to break any tie vote on the final adoption of a redistricting plan.
(d) At least one member of the commission chosen by members of each chamber of the legislature must reside in a county that is not part of a metropolitan statistical area as defined by the United States Office of Management and Budget.
(e) Commission members serve three-year terms that begin on February 1 of the year following the census year. The commission may vote to terminate their terms early and dissolve following the adoption of all redistricting plans.
(f) The commission shall convene on the first business day in February of the year following the census year and at other times necessary to fulfill its obligations.
(g) Vacancies on the commission shall be filled not later than the 20th day after the vacancy occurs in the same manner as the vacated position is filled under Subsections (b) and (c).
(h) If the appointments under Subsection (b) are not made by February 1 of the year following the census year, the caucus of the political party whose members are responsible for the appointment shall appoint the commission member not later than February 11. If the commission fails to appoint its presiding officer when required, the supreme court shall make the appointment not later than March 15.
(i) Members of the commission must take a constitutional oath of office.
SUBCHAPTER D. OPERATION OF THE COMMISSION
Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature shall appropriate sufficient money for the compensation and payment of the expenses of commission members and any staff employed by the commission.
(b) The commission shall be provided access to statistical or other information compiled by the state or its political subdivisions as necessary to perform the commission's duties.
(c) The Texas Legislative Council shall provide the technical staff and clerical services that the commission needs to prepare redistricting plans.
(d) After the commission suspends operations, the secretary of state becomes the custodian of its official records for purposes of election administration. Any unexpended money from an appropriation to the commission reverts to the general revenue fund.
Sec. 581.152. PROCEDURE. (a) The commission shall adopt its own procedural rules. The adoption of a final redistricting plan by the commission requires at least five votes.
(b) The commission shall adopt each redistricting plan not later than November 15 of the year following the census year.
(c) If the commission does not adopt a plan before November 16 of the year following the census year, the Texas Supreme Court shall adopt a plan not later than December 30.
(d) The commission shall submit each adopted redistricting plan to the governor, the secretary of state, and the presiding officer of each chamber of the legislature.
Sec. 581.153. CHALLENGES TO PLAN. (a) After a redistricting plan has been adopted by the commission or the Texas Supreme Court, any aggrieved person may file a petition with the Texas Supreme Court to challenge the plan.
(b) If the final judgment of a state or federal court invalidates all or part of a redistricting plan or otherwise makes it unenforceable, the commission shall reconvene to modify and adopt a new plan before January 31 of the next year.
(c) The commission may reconvene on the motion of at least four members filed with the secretary of state any time after a redistricting plan has been adopted to modify the plan and at other times necessary to fulfill its obligations under the constitution.
Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable to comply with federal law, a redistricting plan adopted by the commission must be composed of:
(1) districts contiguous with one another;
(2) districts of nearly equal population; and
(3) districts that are compact and convenient, and separated from adjoining districts by natural geographic barriers, artificial barriers, or political subdivision boundaries.
Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the commission adopts must include a report, given to the secretary of state, that includes:
(1) the total population of each district with its deviation from the average district population;
(2) an explanation of the criteria used for the redistricting plan, with a justification of the deviation from the average district population for each district;
(3) a map for each district;
(4) a financial statement disclosing all expenditures made by the commission; and
(5) relevant information developed by the commission in carrying out its duties, including maps, data, meeting minutes, written communications, and other information.
(b) The secretary of state shall make a copy of the report available to the public.
SECTION 9. This article takes effect January 1, 2030.
The amendment to HB 4 was read and failed of adoption by the following vote: Yeas 11, Nays 18.
Yeas: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Perry, Schwertner, Sparks.
Absent-excused: Paxton.
HB 4 was passed to third reading by the following vote: Yeas 18, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Absent-excused: Paxton.
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 1 to Committee on Disaster Preparedness and Flooding.
HB 3 to Committee on Disaster Preparedness and Flooding.
HB 20 to Committee on Disaster Preparedness and Flooding.
HB 22 to Committee on Disaster Preparedness and Flooding.
ADJOURNMENT
On motion of Senator Zaffirini, the Senate at 5:24 p.m. adjourned, in memory of Robert Hollier, until 5:45 p.m. today.