EIGHTEENTH DAY
(Continued)
(Wednesday, March 19, 2025)
AFTER RECESS
The Senate met at 11:23 a.m. and was called to order by the President.
Dr. Gene Getz, Chase Oaks Church, Plano, offered the invocation as follows:
Our Father who art in heaven, we come into Your holy and divine presence. I'm indeed thankful for this distinguished body of legislators. Help them to represent well those who have entrusted them with the enormous task of fulfilling their role as Senators in the State of Texas. We ask You to bestow upon each one divine guidance and wisdom as they perform their duties and responsibilities. Our Father, provide each one with good health, as well as protection for their families, particularly in their absence as they serve our broader community. And in view of the demands on their time, help each one to maintain their God-given priorities. Today we acknowledge the great admonition that comes from the pen of the apostle Paul in holy writ and thank You, our God, for the privilege of carrying out this great admonition, written in the New Testament letter to Timothy: First of all, then, I urge that petitions, prayers, intercessions, and thanksgivings be made for everyone . . . and all those who are in authority, so that we may lead a tranquil and quiet life in all godliness and dignity. This is good and it pleases God our savior. Amen.
SENATOR ANNOUNCED PRESENT
Senator Blanco, who had previously been recorded as "Absent-excused," was announced "Present."
SENATE RESOLUTION 277
Senator Hagenbuch offered the following resolution:
SR 277, Recognizing Gene Getz for serving as Chaplain of the Day.
HAGENBUCH
KING
The resolution was read and was adopted by a rising vote of the Senate.
GUESTS PRESENTED
Senator Hagenbuch, joined by Senators King, Hall, West, and Hughes, was recognized and introduced to the Senate Dr. Gene Getz; his wife, Elaine Getz; his daughter, Renee Getz; and David Powers.
The Senate welcomed its guests.
(Senator Flores in Chair)
SENATE RESOLUTION 281
Senator Zaffirini offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Bishop James Anthony Tamayo on his years of outstanding service as bishop of the Diocese of Laredo and in honor of the 25th anniversary of the diocese; and
WHEREAS, In 2000, Pope John Paul II appointed Bishop James Anthony Tamayo to guide the newly created Diocese of Laredo to meet the unique pastoral needs of South Texas; prior to this appointment, Bishop Tamayo faithfully ministered to parishes in the area as the first Episcopal Vicar of the Western Vicarate of the Diocese of Corpus Christi, and he was appointed auxiliary bishop of the Diocese of Galveston-Houston in 1993 and served diligently in this role until his installation as bishop in Laredo; and
WHEREAS, During his 25 years of leadership of the Diocese of Laredo, Bishop Tamayo has worked to build a strong and unified diocese amidst a diverse and growing population of parishioners; he has promoted a culture of faith that prioritizes outreach and community service, and he has guided the development of numerous initiatives that promote social justice and education for Catholics in the region; and
WHEREAS, The celebratory year commemorating the Diocese of Laredo's 25th anniversary offers a fitting opportunity to reflect on its many successes and on the compassionate example and devoted stewardship provided by Bishop Tamayo throughout his exceptional tenure of leadership; his distinguished service has been a valuable asset to the Diocese of Laredo, and he has remained tireless in his commitment to serving the parishes and communities of South Texas; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 89th Legislature, hereby commend Bishop James Anthony Tamayo on his exemplary leadership of the Diocese of Laredo throughout its 25-year history and extend to the many clergy and faithful parishioners of the diocese best wishes for the future and for a memorable 25th anniversary celebration; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the Diocese of Laredo as an expression of esteem from the Texas Senate.
SR 281 was read and was adopted without objection.
GUEST PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Bishop James Anthony Tamayo.
The Senate welcomed its guest.
SENATE RESOLUTION 265
Senator King offered the following resolution:
SR 265, Recognizing March 21, 2025, as World Down Syndrome Day at the State Capitol.
BIRDWELL
A. HINOJOSA
PAXTON
|
CAMPBELL
HUFFMAN
SCHWERTNER
|
ECKHARDT
KOLKHORST
ZAFFIRINI
|
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator King was recognized and introduced to the Senate representatives of the Texas Down Syndrome Advocacy Coalition including the Down Syndrome Partnership of North Texas Executive Director Kim Smiley, and Program Assistant Lauren Fairchild.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator J. Hinojosa was recognized and introduced to the Senate a City of Palmview delegation including Mayor Pro Tempore Benito Hernandez; Councilmembers Javier Ramirez, Cesar Pena Jr., and Alexandra Flores; City Manager Michael Leo; Chief of Staff Irma Garza; Fire Chief Jerry Alaniz; and Police Chief Jose Trevino.
The Senate welcomed its guests.
SENATE RESOLUTION 261
Senator Hall offered the following resolution:
SR 261, Recognizing March 19, 2025, as Ellis County Day at the State Capitol.
HALL
BIRDWELL
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Hall, joined by Senator Birdwell, was recognized and introduced to the Senate an Ellis County Day delegation including Leadership Ellis County Chair Waundrea Payne, Greater Ennis Chamber of Commerce President and CEO Geoeffery Williams, Waxahachie Chamber of Commerce President and CEO Kevin Strength, Ellis County Judge Todd Little, Waxahachie Mayor Billie Wallace, Ennis Mayor Kameron Raburn, Glenn Heights Mayor Sonja Brown, and the Leadership Ennis class of 2025.
The Senate welcomed its guests.
SENATE RESOLUTION 286
Senator Birdwell offered the following resolution:
SR 286, Recognizing March 19, 2025, as Hill County Day.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Birdwell was recognized and introduced to the Senate a Hill County Day delegation including Whitney Mayor Janice Sanders, Hillsboro City Manager Megan Henderson, Executive Director of Hillsboro Economic Development Corporation Jessica Trew, Executive Director of the Hillsboro Area Chamber of Commerce Lynette Hearrell, Director of the Greater Hubbard Chamber of Commerce Eugene Fulton, Chief Appraiser Mike McKibben, and Assistant Chief Appraiser Christy Turner.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Huffman was recognized and presented Dr. Uchenna Jones-Conley of Missouri City as the Physician of the Day.
The Senate welcomed Dr. Jones-Conley and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Miles was recognized and introduced to the Senate a Texas Legislative Black Caucus Day delegation including African Methodist Episcopal Church representatives Bishop Ronnie Elijah Brailsford, Presiding Elder Pamela Rivera, and Board member Carl Davis; Houston Lawyers Association representatives President Traci Gibson, Adrianna Ivory, and Jhanalyn Blount; and Houston Black American Democrats representatives Chair Shamier Bouie and Parliamentarian Joy Dawson Thomas.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Johnson was recognized and introduced to the Senate a Small Business Development Center Day delegation.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Hughes was recognized and introduced to the Senate a Rusk County delegation including County Judge Joel Hale, Henderson City Manager Jay Abercrombie, Henderson Mayor Henry Pace, Bonnie Geddie, Bret Gardella, and Michael Marshall.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator A. Hinojosa was recognized and introduced to the Senate a San Patricio County Day delegation including County Judge David Krebs; Commissioners Tom Yardley, William Ski Zagorski Sr., and Ruben Gonzales; County Clerk Gracie Alaniz-Gonzales; County Treasurer April Garcia; Mathis Mayor Ciri Villarreal; Aransas Pass Mayor Ramiro Gomez; Portland Mayor Cathy Skurow; Portland Councilmembers Bill Wilson and Troy Bethel; and Gregory-Portland ISD Trustees Carrie Gregory and Lora Deluna.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator West was recognized and introduced to the Senate a Best Southwest Partnership and Leadership Southwest Day delegation including Leadership Southwest representatives: Chair Al Hernandez, Balch Springs Mayor Carrie Gordon, Lancaster Mayor Clyde Hairston, Legislative Affairs Chair Kenneth Govan, Executive Director and President Amanda Skinner, Cedar Hill Mayor Steve Mason, and Glenn Heights Mayor Sonja Brown.
The Senate welcomed its guests.
SENATE RESOLUTION 276
Senator Campbell offered the following resolution:
SR 276, Commemorating the 125th anniversary of Sonora Bank.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Campbell was recognized and introduced to the Senate Sonora Bank Board of Directors members Bob Malone and Besa Robison Martin.
The Senate welcomed its guests.
SENATE RESOLUTION 293
Senator Alvarado offered the following resolution:
SR 293, Commemorating the 143rd anniversary of the birth of Minnie Fisher Cunningham.
The resolution was read.
On motion of Senator Alvarado and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator Alvarado, the resolution was adopted without objection.
NOMINATIONS RETURNED
(Motions In Writing)
Senator Campbell submitted the following Motion In Writing:
Mr. President:
I move that the nomination of Clark E. Smith to the Texas Lottery Commission be withdrawn from the Committee on Nominations, and I further move that the nomination be returned to the Governor pursuant to his request.
CAMPBELL
The Motion In Writing was read and prevailed without objection.
Senator Campbell submitted the following Motion In Writing:
Mr. President:
I move that the nomination of John Paul "J.P." Steelman to the Texas Commission on Fire Protection be withdrawn from the Committee on Nominations, and I further move that the nomination be returned to the Governor pursuant to his request.
CAMPBELL
The Motion In Writing was read and prevailed without objection.
SENATE BILL 842 ON SECOND READING
On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration SB 842 at this time on its second reading:
SB 842, Relating to immunity for ringside physicians assigned to combative sports events.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 842 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 SB 842 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1902 ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1902 at this time on its second reading:
SB 1902, Relating to the administration of the dealer-issued license plates database and to the removal and transfer of license plates.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 1902 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1902 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.
GUESTS PRESENTED
Senator Blanco was recognized and introduced to the Senate 4-H student Alexandra Hegar, accompained by her mother, Karen Hegar.
The Senate welcomed its guests.
SENATE CONCURRENT RESOLUTION 5
ON SECOND READING
On motion of Senator Eckhardt and by unanimous consent, the regular order of business was suspended to take up for consideration SCR 5 at this time on its second reading:
SCR 5, Directing the Texas School for the Deaf to name its middle school gymnasium the Robert Rives Gymnasium.
ECKHARDT
ZAFFIRINI
The resolution was read second time and was adopted by the following vote: Yeas 31, Nays 0.
SENATE BILL 917 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SB 917 at this time on its second reading:
SB 917, Relating to certain boiler inspection reports and the composition and governance of the board of boiler rules.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 917 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 917 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 35 ON SECOND READING
Senator Nichols moved to suspend the regular order of business to take up for consideration SB 35 at this time on its second reading:
SB 35, Relating to design-build contracts.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hall, Hughes, Middleton.
The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
SENATE BILL 35 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 35 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hall, Hughes, Middleton.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
GUESTS PRESENTED
Senator Menéndez, joined by Senators Gutierrez and Zaffirini, was recognized and introduced to the Senate a delegation of Burbank High School students.
The Senate welcomed its guests.
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 1281 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration CSSB 1281 at this time on its second reading:
CSSB 1281, Relating to certain criminal offenses involving mail or a mail receptacle key or lock; creating a criminal offense; increasing a criminal penalty.
The motion prevailed.
Senators Eckhardt and Gutierrez asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Eckhardt, Gutierrez.
COMMITTEE SUBSTITUTE
SENATE BILL 1281 ON THIRD READING
Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1281 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, Cook, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Eckhardt, Gutierrez.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
STATEMENT REGARDING SENATE BILL 1281
Senator Eckhardt submitted the following statement regarding SB 1281:
As a general rule, I do not support increasing penalties for crimes without compelling reason. Although laws to increase the severity of punishment are easy to pass, there is scant evidence that enhanced penalties deter crime. According to the National Institute of Justice, the certainty of being caught committing a crime is a vastly more powerful deterrent than even draconian punishments. The crimes SBs 1281, 1300, 1379, and 1451 seek to address have real consequences for the victims of these crimes. Rather than look good with a penalty enhancement, let's do good by vigorously enforcing the laws already on the books.
ECKHARDT
COMMITTEE SUBSTITUTE
SENATE BILL 3 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 3 at this time on its second reading:
CSSB 3, Relating to the regulation of consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Menéndez, Zaffirini.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 3 (senate committee report) in SECTION 6 of the bill as follows:
(1) Strike the recital to SECTION 6 of the bill amending Section 443.151, Health and Safety Code (page 2, lines 10 and 11), and substitute the following:
SECTION 6. Section 443.151, Health and Safety Code, is amended by amending Subsections (a), (b), and (d) and adding Subsections (d-1) and (d-2) to read as follows:
(2) In amended Section 443.151(d)(1), Health and Safety Code (page 2, line 29), between "is" and "accredited", insert the following:
:
(A) located in this state;
(B) registered with the United States Drug Enforcement Agency; and
(C)
(3) Immediately following amended Section 443.151(d), Health and Safety Code (page 2, between lines 38 and 39), insert the following:
(d-1) The testing required under Subsection (d) must use post-decarboxylation, high-performance liquid chromatography, or a similar method that includes the conversion of tetrahydrocannabolic acid into tetrahydrocannabinol to determine the total tetrahydrocannabinol concentration in a tested product.
(d-2) A person that tests a consumable hemp product under Subsection (d) shall report the test results to the department in the form and manner required by the department.
The amendment to CSSB 3 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 3 (senate committee report) as follows:
(1) In the recital to SECTION 10 of the bill, amending Section 443.2025, Health and Safety Code (page 3, line 17), strike "(f), and (g)" and substitute "and (f)".
(2) In SECTION 10 of the bill, strike amended Section 443.2025(g), Health and Safety Code (page 3, lines 42-47).
(3) Strike SECTION 18 of the bill (page 7, lines 16-18) and substitute the following:
SECTION 18. Not later than December 1, 2025, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 443.2026, Health and Safety Code, as added by this Act.
(4) In SECTION 19(b) of the bill (page 7, lines 29-30), strike "under Section 443.2025, Health and Safety Code, as amended" and substitute "a product under Section 443.2026, Health and Safety Code, as added".
(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter E, Chapter 443, Health and Safety Code, is amended by adding Section 443.2026 to read as follows:
Sec. 443.2026. CONSUMABLE HEMP PRODUCT REGISTRATION. (a) A consumable hemp product may not be offered for sale in this state unless the manufacturer of the product, before selling the product to a retailer:
(1) submits an application for the consumable hemp product to be registered with the department; and
(2) receives approval that the product is compliant with this chapter, registered, and approved for sale in this state.
(b) The department shall issue a unique product registration number to each consumable hemp product approved by the department.
(c) A manufacturer applying to register a consumable hemp product under this section shall pay an application fee to the department in the amount of $500 for each consumable hemp product.
(d) The department shall maintain an updated product registration list on the department's public Internet website, which must include front and back identifying pictures of each registered product.
(e) Each consumable hemp product, including the container and package, if applicable, must be labeled with:
(1) a QR code that links:
(A) to the department's product registration list under Subsection (d); and
(B) to the identifying picture of the product provided on registration of the product with the department under Subsection (d) for the purpose of confirming registration of the product and allowing verification of the product by law enforcement; and
(2) the following message placed adjacent to the required QR code on the label: "SCAN QR CODE BEFORE PURCHASE".
(f) The department may not approve for sale a consumable hemp product that:
(1) contains any artificial or synthetic cannabinoids; or
(2) contains or is mixed with any alcohol, tobacco, nicotine, kratom, kava, mushrooms, or a derivative of any of those items.
(g) A person commits an offense if the person distributes, delivers, sells, purchases, possesses, or uses a consumable hemp product that is not registered with the department as provided by this section.
(h) An offense under this section is a Class B misdemeanor.
(i) A person is presumed to know a consumable hemp product is prohibited under this chapter if the product is not listed on the department's Internet website as required by Subsection (d) or does not have a valid QR code under Subsection (e).
(j) The executive commissioner shall adopt rules to implement and administer this section.
The amendment to CSSB 3 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 3 (senate committee report) in SECTION 16 of the bill, in added Subchapter F, Chapter 443, Health and Safety Code (page 6, between lines 64 and 65), by adding the following appropriately-numbered section:
Sec. 443.____. OFFENSE: MANUFACTURING OR SELLING WITHOUT LICENSE OR REGISTRATION. (a) A person commits an offense if the person:
(1) processes hemp or manufactures a consumable hemp product without a license issued under Subchapter C; or
(2) sells at retail or offers for sale at retail a consumable hemp product without registering as a retailer under Section 443.2025.
(b) An offense under this section is a felony of the third degree.
The amendment to CSSB 3 was read and was adopted by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Eckhardt.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSSB 3 (senate committee report) as follows:
(1) Strike SECTION 5 of the bill, adding Section 443.106, Health and Safety Code (page 2, lines 4 through 9).
(2) In the recital to SECTION 7 of the bill (page 2, lines 39 through 40), strike "Sections 443.152(a) and (c), Health and Safety Code, are" and substitute "Section 443.152(c), Health and Safety Code, is".
(3) In SECTION 7 of the bill, strike amended Section 443.152(a), Health and Safety Code (page 2, lines 41 through 45).
(4) In SECTION 8 of the bill, strike amended Section 443.202(b)(2), Health and Safety Code (page 2, lines 63 through 69), and substitute the following:
(2) unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(5) In SECTION 8 of the bill, strike amended Section 443.202(c)(3), Health and Safety Code (page 3, lines 9 through 11), and substitute the following:
(3) has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(6) In SECTION 11 of the bill, in amended Section 443.203(b), Health and Safety Code (page 4, lines 7 through 11), strike Subdivisions (3) and (4) and substitute the following:
(3) the product has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent; or
(4) the product's packaging or advertising indicates that the product is for medical use.
(7) In SECTION 12 of the bill, in amended Section 443.204, Health and Safety Code (page 4, lines 18 through 24), strike Subdivisions (1) and (2) and substitute the following:
(1) hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants;
(2) products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products; and
(8) In SECTION 13 of the bill, strike amended Section 443.205(a), Health and Safety Code (page 4, lines 31 through 58), and substitute the following:
(a) Before a consumable hemp product that contains or is marketed as containing [more than trace amounts of] cannabinoids may be distributed or sold, the product must be:
(1) labeled in the manner provided by this subchapter, including [section with] the following information:
(A) [(1)] batch identification number;
(B) [(2)] batch date;
(C) [(3)] product name;
(D) [(4)] a uniform resource locator (URL) that provides or links to a certificate of analysis for the product or each hemp-derived ingredient of the product;
(E) [(5)] the name of the product's manufacturer; and
(F) [(6)] a certification that the delta-9 tetrahydrocannabinol concentration of the product or each hemp-derived ingredient of the product is not more than 0.3 percent; and
(2) prepackaged or placed at the time of sale in packaging or a container that is:
(A) tamper-evident;
(B) child-resistant; and
(C) if the product contains multiple servings or consists of multiple products purchased in one transaction, resealable in a manner that allows the child-resistant mechanism to remain intact.
(9) In SECTION 15 of the bill, in amended Section 443.206, Health and Safety Code (page 5, lines 44 through 56), strike Subdivisions (1), (2), and (3) and substitute the following:
(1) were manufactured or processed in compliance with:
(A) [(1)] that state's [state] or jurisdiction's plan approved by the United States Department of Agriculture under 7 U.S.C. Section 1639p;
(B) [(2)] a plan established under 7 U.S.C. Section 1639q if that plan applies to the state or jurisdiction; or
(C) [(3)] the laws of that state or jurisdiction if the products are tested in accordance with, or in a manner similar to, Section 443.151; and
(2) are packaged and labeled in the manner provided by this subchapter.
(10) In SECTION 16 of the bill, in added Section 443.251(a), Health and Safety Code (page 5, lines 64 through 65), strike "contains any amount of a cannabinoid other than cannabidiol or cannabigerol" and substitute "has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent".
(11) In SECTION 16 of the bill, in added Section 443.252(a), Health and Safety Code (page 6, lines 5 through 6), strike "contains any amount of a cannabinoid other than cannabidiol or cannabigerol" and substitute "has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent".
(12) Renumber SECTIONS of the bill.
The amendment to CSSB 3 was read and failed of adoption by the following vote: Yeas 8, Nays 23.
Yeas: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Zaffirini.
Nays: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
CSSB 3 as amended was passed to engrossment by the following vote: Yeas 26, Nays 5.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Menéndez, Zaffirini.
COMMITTEE SUBSTITUTE
SENATE BILL 3 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 3 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Menéndez.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Menéndez, Zaffirini.
STATEMENT REGARDING SENATE BILL 3
Senator Cook submitted the following statement regarding SB 3:
I am supportive of the provisions in SB 3 that build a regulatory framework for THC and cannabis. Smoke shops should be regulated and far away from children, and the product should be tested and taxed. However, the evidence to support the decriminalization and legalization of cannabis is overwhelming. Because of this, I voted no on SB 3.
COOK
STATEMENT REGARDING SENATE BILL 3
Senator Blanco submitted the following statement regarding SB 3:
As Legislators, we have a responsibility to protect Texans from unsafe, unregulated products. Across the state, we've seen a sharp increase in synthetic THC-infused products being sold in corner stores and smoke shops—products that look like candy, sodas, and snacks. Synthetic cannabinoids are significantly more potent than grown cannabis, and these products are ending up in the hands of kids. The Texas Poison Control Network reported a 495% increase in marijuana-related calls involving children aged 5 and under between 2017 and 2022. In 2017, before Texas deregulated hemp, those calls made up 4.8% of all cases. By 2022, after we legalized hemp, that number had jumped to 28.6%. As a Father, I can't ignore that. As a body, we have a duty to act.
House Bill 1325, which legalized hemp in 2019, was never intended to allow intoxicating products to be sold with little oversight. Senate Bill 3 closes that loophole.
Just as important, this bill does not impact the Compassionate Use Program. As a veteran, I know people who struggle with PTSD, chronic pain, and other serious conditions, and I've seen how cannabis under a health care provider's direction can change lives. That's why I've supported the Compassionate Use Program from day one, and I'll continue to support efforts to expand the program. I appreciate the author's thoughtfulness in ensuring that patients who rely on it for critical medical needs continue to have access. This bill is about safety and accountability. It's about making sure Texans can trust what's being sold in their communities while preserving access to legitimate medical treatment. For these reasons, I'll be voting in support of this bill.
BLANCO
STATEMENT REGARDING SENATE BILL 3
Senator Johnson submitted the following statement regarding SB 3:
Today's vote was a difficult one.
After listening to the testimony in the State Affairs committee hearings and on the Senate floor today, I have mixed feelings casting a vote in support of this bill. While I do not think that an outright ban is the right approach to THC regulation in Texas, the inconsistency in state policy that has arisen as a result of the hemp-derived THC industry and the public health concerns it has caused, should not be ignored by legislators.
My vote today does not betray or conflict with the THC policies for which I have advocated since I first took office. I continue to believe that THC should be decriminalized in small consumable quantities, that public consequences should be addressed, that THC should be strictly regulated, that penalties should be consistent throughout statute irrespective of the form of consumption or the form of production, and that THC is both under-researched and under-utilized with respect to both medicinal and recreational use.
I filed SB 2028 this session to reform sentencing for marijuana. The bill would decriminalize recreational use and marijuana possession, reduce the potential sentencing ranges for certain amounts of marijuana, and address the disparity in sentencing outcomes which currently vary on the vehicle through which THC is delivered.
I also filed SB 928, which expands the Texas Compassionate Use Program to include chronic pain as an eligible diagnosis for the program and clarifies that parents who administer medical cannabis to their children in the program are not criminally liable.
Moving forward, I hope that my colleagues and the stakeholders who believe so strongly in this industry collaborate to create the regulations needed to have a legal and safe THC-consumable market in Texas.
JOHNSON
STATEMENT REGARDING SENATE BILL 3
Senators Zaffirini, Alvarado, Eckhardt, and Menéndez, submitted the following statement regarding SB 3:
We appreciate the intent of Senate Bill (SB) 3 to regulate the consumable hemp market, especially in preventing the sale of intoxicating THC products to minors and ensuring consumer safety through proper labeling and packaging requirements. Protecting children from accidental exposure is a critical priority, which is why we support the refile of SB 1103 (2025) by Zaffirini to regulate packaging and marketing standards for consumable hemp products. It would ensure Texas consumable hemp producers are not misleading or designed to appeal to children.
We ultimately voted against SB 3, however, because its overly broad restrictions harm Texas businesses, unnecessarily criminalize legal hemp products, and limit access for adults who rely on nonintoxicating hemp for medical relief. The bill bans all THC-containing hemp products except for CBD and CBG, even though many other nonintoxicating hemp strains are used legally and safely. Testimony from business owners highlighted the financial strain this bill would impose by requiring costly additional processing to eliminate even trace amounts of THC, making it difficult for small businesses to survive.
What's more, SB 3 restricts access for veterans and other Texans who rely on nonintoxicating hemp products, such as CBD lotion, for pain management and other medical needs. By raising the legal purchasing age to 21, the bill prohibits young adults—including veterans under 21—from purchasing CBD products that help manage pain, anxiety, and PTSD symptoms. This restriction lacks scientific justification, and no evidence was provided to show that these nonintoxicating products pose a risk to adults under 21.
While we support efforts to prevent deceptive marketing to minors, as reflected in Zaffirini's SB 1103, SB 3 goes too far by criminalizing legal, nonintoxicating hemp products. Had the bill focused solely on intoxicating THC products while preserving access to other safe, regulated hemp strains, we could have supported it. Regulating consumable hemp is necessary, but it must be done in a way that protects consumers, supports responsible businesses, and ensures access for those who rely on these products for medical relief.
ZAFFIRINI
ALVARADO
ECKHARDT
MENÉNDEZ
SENATE RULE 7.12(a) SUSPENDED
(Printing of Bills)
On motion of Senator Huffman and by unanimous consent, Senate Rule 7.12(a) was suspended for CSSB 1 and the committee report was ordered not printed.
(Senator Birdwell in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 12 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSSB 12 at this time on its second reading:
CSSB 12, Relating to parental rights in public education, to certain public school requirements and prohibitions regarding instruction and diversity, equity, and inclusion duties, and to student clubs at public schools.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
The bill was read second time.
POINT OF ORDER
Senator West raised a point of order that CSSB 12 violates Article III, Section 35 of the Texas Constitution.
POINT OF ORDER WITHDRAWN
Senator West withdrew the point of order.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 12 (senate committee report), in SECTION 4 of the bill, immediately following added Section 11.161(b), Education Code (page 3, between lines 46 and 47), by inserting the following appropriately lettered subsection:
( ) This section does not apply to a proceeding regarding a grievance filed under the local grievance procedure established by the board of trustees of a school district under Section 26.011.
The amendment to CSSB 12 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 12 (senate committee report) in SECTION 5 of the bill as follows:
(1) In added Section 12.104(b)(3)(BB), Education Code (page 4, line 49), strike "and".
(2) In added Section 12.104(b)(3)(CC), Education Code (page 4, line 53), between "26.0083" and the underlined period, insert the following:
; and
(DD) establishment of a local school health advisory council with members appointed by the governing body of the school and health education instruction that complies with Section 28.004
The amendment to CSSB 12 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 12 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___. Section 12A.004(a), Education Code, is amended to read as follows:
(a) A local innovation plan may not provide for the exemption of a district designated as a district of innovation from the following provisions of this title:
(1) a state or federal requirement applicable to an open-enrollment charter school operating under Subchapter D, Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that a district may be exempt from Sections 11.1511(b)(5) and (14) and Section 11.162;
(3) state curriculum and graduation requirements adopted under Chapter 28; [and]
(4) Section 28.004; and
(5) academic and financial accountability and sanctions under Chapters 39 and 39A.
SECTION ___. Section 12A.004(a), Education Code, as amended by this Act, applies to a local innovation plan adopted or renewed before, on, or after the effective date of this Act.
The amendment to CSSB 12 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. 3.
CSSB 12 as amended was passed to engrossment by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
SENATE RULE 5.14(a) SUSPENDED
(Intent Calendar)
(Motion In Writing)
Senator Zaffirini submitted the following Motion In Writing:
Mr. President:
I move suspension of Senate Rule 5.14, the Intent Calendar Rule, in order to move the Intent Calendar deadline to 6 p.m. today.
ZAFFIRINI
The Motion In Writing was read and prevailed without objection.
RECESS
On motion of Senator Zaffirini, the Senate at 4:42 p.m. recessed until 5:00 p.m. today.
AFTER RECESS
The Senate met at 5:06 p.m. and was called to order by Senator Birdwell.
COMMITTEE SUBSTITUTE
SENATE BILL 13 ON SECOND READING
Senator Paxton moved to suspend the regular order of business to take up for consideration CSSB 13 at this time on its second reading:
CSSB 13, Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West.
The bill was read second time.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 13 (senate committee report) in SECTION 4 of the bill as follows:
(1) In added Section 33.025(f), Education Code (page 3, line 67), between "year" and the underlined period, insert "and at other times as necessary to fulfill the council's duties under this chapter".
(2) Immediately following added Section 33.026(b), Education Code (page 4, between lines 46 and 47), insert the following appropriately lettered subsections and reletter subsequent subsections of the section and cross-references to those subsections accordingly:
( ) For purposes of Subsection (a)(3), the board of trustees shall approve or reject a list of library materials that have been donated to or that are proposed to be procured by a school library at the first open meeting of the board held on or after the 30th day after the date the list is made accessible for review by the public as required by Subsection (a)(2).
( ) A local school library advisory council shall meet to determine the council's recommendations regarding library materials that have been donated to or that are proposed to be procured by a school library before the date of the open meeting of the board of trustees described by Subsection (a)(3). The local school library advisory council meeting may occur during the period the list is available for review by the public as required by Subsection (a)(2).
(3) Immediately following added Section 33.027(c), Education Code (page 5, between lines 25 and 26), insert the following appropriately lettered subsection and reletter subsequent subsections of the section and cross-references to those subsections accordingly:
( ) The board of trustees shall take action on:
(1) a written challenge submitted under Subsection (a)(1) at the first open meeting of the board held after the local school library advisory council has made a recommendation under Subsection (b) regarding the challenge; or
(2) an appeal under Subsection (a)(2) at the first open meeting of the board held after the date the appeal is filed.
The amendment to CSSB 13 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 13 as amended was passed to engrossment by the following vote: Yeas 23, Nays 8.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West.
SENATE BILL 290 ON SECOND READING
Senator Miles moved to suspend the regular order of business to take up for consideration SB 290 at this time on its second reading:
SB 290, Relating to notice to property owners regarding certain stationary LP-gas installations.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Johnson, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hall, Huffman, Hughes, King, Kolkhorst, Middleton.
The bill was read second time and was passed to engrossment by the following vote: Yeas 23, Nays 8. (Same as previous roll call)
SENATE BILL 290 ON THIRD READING
Senator Miles moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 290 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hall, Huffman, King, Middleton.
The bill was read third time and was passed by the following vote: Yeas 22, Nays 9.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hancock, J. Hinojosa, Johnson, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hall, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton.
COMMITTEE SUBSTITUTE
SENATE BILL 6 ON SECOND READING
On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 6 at this time on its second reading:
CSSB 6, Relating to electricity planning and infrastructure costs for large loads.
The bill was read second time.
Senator King offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 6 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 35.004(c-1), Utilities Code (page 1, line 31), strike "transmission" and substitute "utility's".
(2) In SECTION 1 of the bill, in added Section 35.004(c-2), Utilities Code (page 1, lines 36-37), strike "to the transmission system".
(3) In SECTION 2 of the bill, in added Section 37.0561(a), Utilities Code (page 1, line 45), between "costs" and the underlined period, insert "and maintaining system reliability".
(4) In SECTION 2 of the bill, in added Section 37.0561(c), Utilities Code (page 1, line 60, through page 2, line 1), strike "not require project specific" and substitute "withhold or anonymize competitively sensitive".
(5) In SECTION 2 of the bill, in added Section 37.0561(f), Utilities Code (page 2, line 47), strike "where the load will be located" and substitute "for the proposed load location".
(6) In SECTION 2 of the bill, in added Section 37.0561(h), Utilities Code (page 2, lines 67-69), strike "as the large load customer meets the customer's load ramp milestones and sustains operations for a prescribed period as determined by the commission" and substitute:
after the security is applied to any outstanding amounts owed:
(1) as the large load customer meets the customer's load ramp milestones and sustains operations for a prescribed period as determined by the commission; or
(2) if the large load customer withdraws the customer's request for all or a portion of the requested capacity
(7) In SECTION 2 of the bill, in added Section 37.0561(i), Utilities Code (page 3, line 1), between "must" and "allow", insert "establish a procedure to".
(8) In SECTION 2 of the bill, in added Section 37.0561(i), Utilities Code (page 3, line 3), strike "from" and substitute "by".
(9) In SECTION 2 of the bill, in added Section 37.0561(i), Utilities Code (page 3, lines 4 and 5), strike ", using procedures established by the commission,".
(10) In SECTION 2 of the bill, in added Section 37.0561, Utilities Code (page 3, between lines 14 and 15), insert the following:
(k) Notwithstanding the forecasted load growth and additional load currently seeking interconnection required to be considered under Section 37.056(c-1), the commission by rule shall establish criteria by which the independent organization certified under Section 39.151 for the ERCOT power region includes forecasted large load of any peak demand in the organization's transmission planning and resource adequacy models and reports.
(11) In SECTION 4 of the bill, in added Section 39.169(f), Utilities Code (page 4, line 2), strike "electric utility" and substitute "electric cooperative, electric utility,".
(12) In SECTION 4 of the bill, in added Section 39.170(b), Utilities Code (page 4, lines 24 and 25), strike "in advance of an anticipated energy emergency alert event" and substitute "in the event of an anticipated emergency condition".
(13) In SECTION 6 of the bill (page 5, line 5), strike "made" and substitute "agreement entered into".
The amendment to CSSB 6 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSSB 6 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 6 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 CSSB 6 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
SENATE BILL 388 ON SECOND READING
Senator King moved to suspend the regular order of business to take up for consideration CSSB 388 at this time on its second reading:
CSSB 388, Relating to the legislature's goals for electric generation capacity in this state.
The motion prevailed by the following vote: Yeas 18, Nays 13.
Yeas: Bettencourt, Birdwell, Campbell, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Blanco, Cook, Creighton, Eckhardt, Gutierrez, Hancock, J. Hinojosa, Hughes, Johnson, Menéndez, Miles, Zaffirini.
The bill was read second time.
Senator King offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 388 (senate committee report) in SECTION 1 of the bill, in amended Section 39.9044, Utilities Code, as follows:
(1) In amended Section 39.9044(a) (page 1, line 32), between "generation" and "[use", insert "other than battery energy storage".
(2) In amended Section 39.9044(b) (page 1, line 45) between "credits" and "to", insert ", from sources other than battery energy storage capacity,".
(3) In amended Section 39.9044(b) (page 1, line 47), after the period, add "A power generation company that exclusively operates battery energy storage resources is not required to purchase dispatchable generation credits under this section.".
(4) In amended Section 39.9044(d) (page 2, line 22), between the underlined period and "The", insert "A power generation company that exclusively operates battery energy storage resources is not subject to the program.".
(5) In amended Section 39.9044(e), (page 2, lines 37 through 39), strike ". The term does not apply to a battery energy storage facility for the purposes of this section".
The amendment to CSSB 388 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:
Nays: Eckhardt.
CSSB 388 as amended was passed to engrossment by the following vote: Yeas 18, Nays 13.
Yeas: Bettencourt, Birdwell, Campbell, Flores, Hagenbuch, Hall, A. Hinojosa, Huffman, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Blanco, Cook, Creighton, Eckhardt, Gutierrez, Hancock, J. Hinojosa, Hughes, Johnson, Menéndez, Miles, Zaffirini.
SENATE BILL 15 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 15 at this time on its second reading:
SB 15, Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Eckhardt, Miles.
The bill was read second time.
Senator Parker offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 15 (senate committee report) in SECTION 1 of the bill, in added Section 211.052(a)(1), Local Government Code (page 1, line 43), by striking "90,000" and substituting "150,000".
The amendment to SB 15 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 2
Amend SB 15 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 211.055(a), Local Government Code (page 2, line 10), strike "A" and substitute "Except as provided by Subsection (c), a".
(2) Immediately following added Section 211.055(b), Local Government Code (page 2, between lines 35 and 36), add the following :
(c) Notwithstanding Subsection (a)(5), a municipality may adopt or enforce an ordinance, rule, or other measure that:
(1) applies to land located in an aquifer recharge zone; and
(2) relates to the protection of an aquifer.
The amendment to SB 15 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
SB 15 as amended was passed to engrossment by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Eckhardt, Miles.
SENATE BILL 15 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 15 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, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Eckhardt, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 17 ON SECOND READING
Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 17 at this time on its second reading:
CSSB 17, Relating to the purchase or acquisition of real property by certain aliens or foreign entities.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles.
The bill was read second time and was passed to engrossment by the following vote: Yeas 24, Nays 7. (Same as previous roll call)
SENATE CONCURRENT RESOLUTION 13
ON SECOND READING
Senator A. Hinojosa moved to suspend the regular order of business to take up for consideration at this time SCR 13 on its second reading :
SCR 13, Urging the U.S. Department of State and the United States Section of the International Boundary and Water Commission to take appropriate action to ensure that Mexico complies with the 1944 Treaty regarding shared water resources.
BETTENCOURT
J. HINOJOSA
PAXTON
|
HAGENBUCH
MIDDLETON
ZAFFIRINI
|
The motion prevailed.
Senator Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business.
The resolution was read second time and was adopted by the following vote: Yeas 30, Nays 1.
Nays: Eckhardt.
COMMITTEE SUBSTITUTE
SENATE BILL 19 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 19 at this time on its second reading:
CSSB 19, Relating to the use by a political subdivision of public funds for lobbying and certain other activities.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, Nichols, West, Zaffirini.
The bill was read second time.
Senator Middleton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 19 (senate committee report) in SECTION 1 of the bill, in added Section 556.0056(a)(1), Government Code (page 1, line 31), between "hire" and "an", by inserting "or contract with".
The amendment to CSSB 19 was read and was adopted by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Senator Middleton offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 19 (senate committee report) in SECTION 1 of the bill, immediately following added Section 556.0056(a), Government Code (page 1, between lines 39 and 40), insert the following:
(a-1) Subsection (a) does not apply to an association or organization that solely represents elected sheriffs.
The amendment to CSSB 19 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 19 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 556.0056(b)(3), Government Code (page 1, lines 51 and 52), strike "if those actions would not require a person to register as a lobbyist under Chapter 305".
(2) In added Section 556.0056(b)(5), Government Code (page 1, line 58), strike "a full-time" and substitute "an".
(3) In added Section 556.0056(b)(5)(B), Government Code (page 2, lines 4 and 5), strike "if the communication would not require a person to register as a lobbyist under Chapter 305" and substitute "on the impact of a pending matter related to the budget, operation, jurisdiction, or taxpayers of a political subdivision".
The amendment to CSSB 19 was read and failed of adoption by the following vote: Yeas 11, Nays 20.
Yeas: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Nays: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSSB 19 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
Section 2. Chapter 556, Government Code, is amended by adding:
Section 556.0057: GUIDANCE ON STATE LOBBYING ACTIVITIES:
(1) The state shall not use outside lobbying or outside consultants for federal lobbying activities
(2) The applications of this bill shall also apply to the Federal Government
(3) Notwithstanding the aforementioned subsections (1) and (2) all military matters are exempted from this section.
The amendment to CSSB 19 was read.
Question: Shall Floor Amendment No. 4 to CSSB 19 be adopted?
POINT OF ORDER
Senator Middleton raised a point of order that Floor Amendment No. 4 was not germane to the body of the bill and violates Senate Rule 7.15.
POINT OF ORDER WITHDRAWN
Senator Middleton withdrew the point of order.
Question: Shall Floor Amendment No. 4 to CSSB 19 be adopted?
Senator Eckhardt withdrew Floor Amendment No. 4.
Senator Nichols offered the following amendment to the bill:
Floor Amendment No. 5
Amend CSSB 19 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 556.0056(a)(2)(B), Government Code (page 1, line 38), strike "hires or".
(2) In added Section 556.0056(b)(5), Government Code, strike page 1, line 60, through page 2, line 7, and substitute "this state from engaging in activities that would require registration as a lobbyist under Chapter 305.".
The amendment to CSSB 19 was read and was adopted by the following vote: Yeas 15, Nays 13.
Yeas: Alvarado, Blanco, Campbell, Cook, Eckhardt, Hancock, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Nichols, Perry, Schwertner, Zaffirini.
Nays: Bettencourt, Birdwell, Creighton, Flores, Hagenbuch, Hall, A. Hinojosa, Hughes, King, Middleton, Parker, Paxton, Sparks.
Absent: Gutierrez, Miles, West.
CSSB 19 as amended was passed to engrossment by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
SENATE BILL 706 ON SECOND READING
Senator Schwertner moved to suspend the regular order of business to take up for consideration SB 706 at this time on its second reading:
SB 706, Relating to the recognition of a handgun license issued by another state.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Zaffirini.
Nays: Cook, Eckhardt, Gutierrez, Johnson, West.
The bill was read second time and was passed to engrossment by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
SENATE BILL 706 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 SB 706 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Zaffirini.
Nays: Cook, Eckhardt, Gutierrez, Johnson, West.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
SENATE BILL 1451 ON SECOND READING
Senator Flores moved to suspend the regular order of business to take up for consideration SB 1451 at this time on its second reading:
SB 1451, Relating to increasing the criminal penalty for the offense of stealing or receiving a stolen check or similar sight order.
The motion prevailed.
Senators Cook and Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Cook, Eckhardt.
SENATE BILL 1451 ON THIRD READING
Senator Flores moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1451 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Eckhardt.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
STATEMENT REGARDING SENATE BILL 1451
Senator Eckhardt submitted the following statement regarding SB 1451:
As a general rule, I do not support increasing penalties for crimes without compelling reason. Although laws to increase the severity of punishment are easy to pass, there is scant evidence that enhanced penalties deter crime. According to the National Institute of Justice, the certainty of being caught committing a crime is a vastly more powerful deterrent than even draconian punishments. The crimes SBs 1281, 1300, 1379, and 1451 seek to address have real consequences for the victims of these crimes. Rather than look good with a penalty enhancement, let's do good by vigorously enforcing the laws already on the books.
ECKHARDT
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the committees indicated:
SB 2425 by Nichols
Relating to the regulation of automated motor vehicles; creating a criminal offense.
To Committee on Transportation.
SB 2880 by Hughes
Relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property; making conforming changes and harmonizing conforming provisions; creating criminal offenses; authorizing a private civil right of action.
To Committee on State Affairs.
ADJOURNMENT
On motion of Senator Zaffirini, the Senate at 8:35 p.m. adjourned, in memory of Darryl B. Carter, until 8:37 p.m. today.