(Continued)

(Wednesday, April 2, 2025)

The Senate met at 11:15 a.m. and was called to order by President Pro Tempore Creighton.

Rabbi Neil Blumofe, Congregation Agudas Achim, Austin, offered the invocation as follows:

As Moses prayed: Ribbono shel olam, master of this world, sustain this people. Give them the courage to see that they are in Your divine hand. God, see their fragile nature as they were enslaved, just yesterday. Have mercy upon them. Now, we hear the hostile thunder of Pharaoh's approaching chariots and we do not know what to do. Help us act decisively and with vision to escape the inevitable return to servitude. Let us cultivate a humbleness to recognize Your glorious signs and wonders constant in this world. We ask for a miracle. Help us see a path beyond the one that has led us to the water's edge. Let us move forward. In our actions, may we demonstrate bravery. As we leave the narrow places of Egypt, may we see the divine in the faces of our neighbors. May we pause in our own deliverance to help others also pass through the split sea into freedom. Kadosh Baruch Hu, holy Blessed One, may we know that redemption comes when we both listen to You and act in this world with compassion, knowing that we are but for a brief moment here in this world, but our legacy, what we do now and the laws that we make, is lasting. In the particular challenges of our age, may each of you continue to rise and stand fast in the pursuit of nobility in your privilege of service. May your decisions, deliberations, and intentions be courageous and visionary, resolved to prosper the citizens of our great State of Texas. For the ancient freedom of Moses and the children of Israel can be our urgent freedom too. Kein yehi ratzon, may this be God's will. Amen.

Senator Sparks was recognized and presented Dr. Madhusmita Panda of Odessa as the Physician of the Day.

The Senate welcomed Dr. Panda, accompanied by Paul Koester, and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

Senator Nichols offered the following resolution:

SR 327, Recognizing the Texas Forestry Association on its seedling giveaway at the State Capitol on April 2, 2025.

The resolution was read and was adopted without objection.

Senator Nichols was recognized and introduced to the Senate a Texas Forestry Association delegation including Smokey Bear and President David Alders.

The Senate welcomed its guests.

Senator Gutierrez offered the following resolution:

SR 351, Recognizing April 2, 2025, as Val Verde County-Del Rio Day at the State Capitol.

The resolution was read and was adopted without objection.

Senator Gutierrez was recognized and introduced to the Senate a Val Verde County-Del Rio Day delegation including Del Rio Mayor Al Arreola, Councilmember Carmen Gutierrez, City Manager Shawna Burkhart, Assistant City Manager Manuel Chavez, Councilmember James DeReus, Communications and Marketing Director Peter Ojeda, Val Verde County Commissioners Kerr Wardlaw and Fernando Garcia, County Attorney David Martinez, Raymond P. Meza, Jesus E. Galindo, Rebekah L. Chavez, Amy Haynes, Dr. Carlos Rios, Sandra T. Hernandez, Blanca Larson, Jorge Jurado, and Seferino Gomez.

The Senate welcomed its guests.

Senator Paxton offered the following resolution:

SR 346, Recognizing April 1 and 2, 2025, as Collin County Days at the State Capitol.

PAXTON

HAGENBUCH

HALL

The resolution was read and was adopted without objection.

Senator Paxton was recognized and introduced to the Senate a Collin County Days delegation.

The Senate welcomed its guests.

The following Message from the Governor was read and was referred to the Committee on Nominations:

April 2, 2025

Austin, Texas

TO THE SENATE OF THE EIGHTY-NINTH LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointment:

To be a member of the Texas Behavioral Health Executive Council for a term to expire February 1, 2031:

John K. Bielamowicz

Waxahachie, Texas

Respectfully submitted,

/s/Greg Abbott

Governor

The following resolutions were offered:

SR 353 by Perry, Commemorating the 75th anniversary of Poka Lambro Telephone Cooperative.

SR 354 by Perry, In memory of Crystal Jeanette Goforth of Levelland.

SR 355 by Perry, In memory of Jonathan David Corder of Levelland.

SR 359 by Hancock, Recognizing Halff, infrastructure consulting firm, on the occasion of the company's 75th anniversary.

The resolutions were read and were adopted by a viva voce vote.

On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1563 at this time on its second reading:

SB 1563, Relating to county jailer training on interacting with veterans in the criminal justice system.

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.

Senator Menéndez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1563 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.

Senator Creighton offered the following resolution:

SR 352, Recognizing April 2, 2025, as Texas Food Bank Day.

The resolution was read.

On motion of Senator Perry and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Creighton, the resolution was adopted without objection.

Senator Creighton, joined by Senators J. Hinojosa, Menéndez, Campbell, Hagenbuch, Paxton, and Gutierrez, was recognized and introduced to the Senate a Texas Food Bank Day delegation including representatives of food banks from across Texas, San Antonio Food Bank CEO Eric Cooper, San Antonio Food Bank Chief of Government and Public Affairs Mario Obledo Jr., North Texas Food Bank President and CEO Trisha Cunningham, Houston Food Bank President and CEO Brian Greene, and Houston Food Bank Directors Michael Harris and James Bell.

The Senate welcomed its guests.

On motion of Senator Hancock and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1816 at this time on its second reading:

CSSB 1816, Relating to the titling, registration, and operation of a miniature vehicle.

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.

Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1816 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.

On motion of Senator Blanco and by unanimous consent, the regular order of business was suspended to take up for consideration SB 906 at this time on its second reading:

SB 906, Relating to the authority of the Ysleta del Sur Pueblo to commission peace officers.

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.

Senator Blanco moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 906 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.

On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 763 at this time on its second reading:

CSSB 763, Relating to standard permits for certain concrete plants.

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.

Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 763 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.

On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration SB 608 at this time on its second reading:

SB 608, Relating to reporting information regarding certain evidence collection kits.

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.

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 608 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.

On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1737 at this time on its second reading:

SB 1737, Relating to service retirement benefits payable by the Employees Retirement System of Texas to certain law enforcement officers and custodial officers.

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.

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 SB 1737 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.

Senator Schwertner moved to suspend the regular order of business to take up for consideration SB 617 at this time on its second reading:

SB 617, Relating to hearing and public notice requirements regarding the conversion by a municipality of certain properties to house homeless individuals.

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

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

Nays:  Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Zaffirini.

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

On motion of Senator Sparks and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 920 at this time on its second reading:

CSSB 920, Relating to the administration of nonprescription medications to certain public and private school students.

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.

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 CSSB 920 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.

Senator Hughes moved to suspend the regular order of business to take up for consideration SB 942 at this time on its second reading:

SB 942, Relating to a court order for retroactive child support, including for retroactive child support beginning on the date of the child's conception.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, 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:  Alvarado, Cook, Eckhardt, Gutierrez.

The bill was read second time and was passed to engrossment by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 942 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, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.

Nays:  Alvarado, Cook, Eckhardt, Gutierrez.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

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 617 be placed on its third reading and final passage:

SB 617, Relating to hearing and public notice requirements regarding the conversion by a municipality of certain properties to house homeless individuals.

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

Yeas:  Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.

Nays:  Alvarado, Cook, Eckhardt, Gutierrez, Menéndez, Miles.

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

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

Nays:  Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Zaffirini.

Senator Birdwell moved to suspend the regular order of business to take up for consideration SB 878 at this time on its second reading:

SB 878, Relating to limitations on the use of public money under certain economic development agreements or programs adopted by certain political subdivisions.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.

Nays:  Eckhardt, Gutierrez, Menéndez, Miles.

The bill was read second time.

Senator Birdwell offered the following amendment to the bill:

Amend SB 878 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, strike added Section 380.005(b), Local Government Code (page 1, lines 25 through 30), and substitute the following:

(1)  make a loan or grant under this chapter:

(A)  to a recipient who enters into a tax abatement agreement with the municipality under Chapter 312, Tax Code; or

(2)  In SECTION 2 of the bill, strike added Section 381.006(b), Local Government Code (page 2, lines 35 through 41), and substitute the following:

(b)  This section does not limit the authority of a county to:

(1)  make a loan or grant of county money under this chapter to a recipient who enters into a tax abatement agreement with the county under Chapter 312, Tax Code;

The amendment to SB 878 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 878 as amended was passed to engrossment by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.

Nays:  Eckhardt, Gutierrez, Menéndez, Miles.

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 878 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, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.

Nays:  Eckhardt, Gutierrez, Menéndez, Miles.

The bill was read third time and was passed by the following vote:  Yeas 27, Nays 4. (Same as previous roll call)

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 1388 at this time on its second reading:

CSSB 1388, Relating to family support services provided under a Health and Human Services Commission program.

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

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

Nays:  Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez.

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

Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1388 be placed on its third reading and final passage.

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

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

Nays:  Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez.

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

On motion of Senator Campbell and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1084 at this time on its second reading:

SB 1084, Relating to certain mammography reports providing required breast density information.

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.

Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1084 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.

On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 836 at this time on its second reading:

CSSB 836, Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

The bill was read second time.

Senator Paxton offered the following amendment to the bill:

Amend CSSB 836 (senate committee printing) as follows:

(1)  In SECTION 4 of the bill, in added Article 39.152(a), Code of Criminal Procedure (page 2, line 7), strike "child" and substitute "person".

(2)  Add the following appropriately numbered SECTIONS to the bill and renumber the remaining SECTIONS of the bill accordingly:

SECTION ___.  Articles 56A.403(a) and (d), Code of Criminal Procedure, are amended to read as follows:

(a)  A peace officer who investigates an incident involving sexual assault or who responds to a disturbance call that may involve sexual assault shall provide to the victim a written notice containing information about the rights of crime victims under Article 56A.052 and the rights and procedures under Chapter 58.

(d)  The notice required by Subsection (b) must be in English and Spanish and include the current contact information for a victim assistance coordinator under Article 56A.201 and a crime victim liaison under Article 56A.203. The notice is considered sufficient if it includes the following statements:

"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"

"It is a crime for any person to cause you any physical injury or harm."

"Please tell the investigating peace officer if you have been injured or if you feel you are going to be in danger when the officer leaves or at a later time."

"You have the right to:

"(1)  obtain a forensic medical examination within 120 hours of the assault to collect potential evidence and receive preventative medications, even if you decide not to make a report to a law enforcement agency;

"(2)  anonymously track or receive updates regarding the status and location of each item of evidence collected in your case;

"(3)  have a sexual assault program advocate present during a forensic medical examination;

"(4)  have a sexual assault program advocate or other victim's representative present during an investigative interview with law enforcement;

"(5)  ask the local prosecutor to file a criminal complaint against the person who assaulted you; and

"(6) if a defendant is arrested for a crime against you involving certain sexual crimes, stalking, or trafficking:

"(A)  request an order for emergency protection to be issued by a magistrate; [and]

"(B)  using procedures provided by Chapter 58, Code of Criminal Procedure, request a pseudonym to be used instead of your name in all public files and records concerning the offense; and

"(C)  apply to a court for a permanent order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney)."

"For example, the court can enter an order that prohibits the person who assaulted you from:

"(1)  committing further acts of violence;

"(2)  threatening, harassing, or contacting you or a member of your family or household; and

"(3)  going near your place of employment or near a child care facility or school attended by you or a member of your family or household."

"You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order."

"If you have questions about the status of your case or need assistance, you may contact the crime victim liaison (insert name) at our agency (law enforcement agency address and victim liaison phone number)."

"If you would like to speak with someone in the prosecuting attorney's office, you may reach their victim assistance coordinator at (address and phone number)."

"Call the following sexual assault program or social service organization if you need assistance or wish to speak with an advocate:

"__________________________________________

"__________________________________________."

"You may receive a sexual assault forensic medical examination at the following location(s):

"__________________________________________

"__________________________________________."

"To get help from the National Human Trafficking Hotline: 1-888-373-7888 or text HELP or INFO to BeFree (233733)."

SECTION ___.  Article 56A.403, Code of Criminal Procedure, as amended by this Act, applies only to a peace officer's investigation or response that occurs on or after the effective date of this Act. A peace officer's investigation or response that occurs before the effective date of this Act is governed by the law in effect on the date the investigation was conducted or the response was made, and the former law is continued in effect for that purpose.

The amendment to CSSB 836 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 836 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 836 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.

Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 125 at this time on its second reading:

CSSB 125, Relating to autologous and direct blood donations.

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

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.

Nays:  Cook, Eckhardt, Gutierrez, Johnson, Miles, Zaffirini.

The bill was read second time.

Senator Hall offered the following amendment to the bill:

Amend CSSB 125 (senate committee report) in SECTION 1 of the bill, in added Section 162.021, Health and Safety Code (page 1, line 26), by striking "that facilitates autologous or direct blood donations".

The amendment to CSSB 125 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:  Cook.

Senator Alvarado offered the following amendment to the bill:

Amend CSSB 125 (senate committee report) in SECTION 1 of the bill, in added Section 162.021, Health and Safety Code, as follows:

(1)  Between "DONATION." and "A" (page 1, line 25), insert "(a)".

(2)  Immediately after "donation." (page 1, between lines 28 and 29), insert the following:

The amendment to CSSB 125 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.

CSSB 125 as amended was passed to engrossment by the following vote:  Yeas 28, Nays 3.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, 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:  Cook, Eckhardt, Gutierrez.

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 125 be placed on its third reading and final passage.

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

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, 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:  Cook, Eckhardt, Gutierrez.

The bill was read third time and was passed by the following vote:  Yeas 28, Nays 3. (Same as previous roll call)

On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1366 at this time on its second reading:

SB 1366, Relating to the inclusion of information about construction or maintenance work zones in the curriculum of driver education and driving safety courses.

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.

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 1366 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.

On motion of Senator J. Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1939 at this time on its second reading:

CSSB 1939, Relating to the ship channel improvement revolving fund.

The bill was read second time.

Senator J. Hinojosa offered the following amendment to the bill:

Amend CSSB 1939 (senate committee report) by striking SECTIONS 2 and 3 of the bill, amending Section 56.002(a), Transportation Code, and providing transition language (page 1, lines 46 through 55), and renumbering subsequent SECTIONS of the bill accordingly.

The amendment to CSSB 1939 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 1939 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

Senator J. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1939 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.

On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1738 at this time on its second reading:

CSSB 1738, Relating to the Judicial Retirement System Plan Two, including resuming service in the retirement system and contributions to the retirement system.

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.

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 CSSB 1738 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.

On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 7 at this time on its second reading:

CSSB 7, Relating to the oversight and financing of certain water infrastructure matters under the jurisdiction of the Texas Water Development Board.

The bill was read second time.

Senator Perry offered the following amendment to the bill:

Amend CSSB 7 (senate committee printing) as follows:

(1)  In SECTION 1.01 of the substitute, in added Section 6.305, Water Code, between "fund" and the underlined colon (page 2, line 20), insert "administrative account established under Section 15.508".

(2)  In SECTION 1.04 of the substitute (page 3, lines 25 and 26), strike added Section 15.502(b)(4-a), Water Code, and substitute the following:

(4-a)  the Texas water fund administrative account established under Section 15.508;

(3)  Strike the recital to SECTION 1.06 of the substitute (page 3, line 69, through page 4, line 2) and substitute the following:

SECTION 1.06.  Section 15.504, Water Code, is amended by amending Subsections (b), (c), and (f) and adding Subsection (f-1) to read as follows:

(b)  Except as provided by Subsection (f), the [The] board may not transfer money to a fund or account described by Section 15.502(b) until the application for the project for which the money is to be used has been approved.

(4)  In SECTION 1.06 of the substitute (page 4, lines 17 through 22), strike amended Section 15.504(f), Water Code, and substitute the following:

(f)  The board shall:

(2)  [may use the fund to] pay from that account:

(A)  the necessary and reasonable expenses of the board in administering the fund;

(B)  the expenses described by Section 6.305; and

(C)  other expenses as authorized by law [not to exceed two percent].

(5)  In SECTION 1.06 of the substitute, in added Section 15.504(f-1), Water Code (page 4, line 24), strike "pay from the fund" and substitute "pay from the Texas water fund administrative account established under Section 15.508".

(6)  In ARTICLE 1 of the substitute, add the following appropriately numbered SECTION and renumber subsequent SECTIONS of the ARTICLE accordingly:

SECTION 1.___.  Subchapter H-1, Chapter 15, Water Code, is amended by adding Section 15.508 to read as follows:

The amendment to CSSB 7 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:

Amend CSSB 7 (senate committee printing) as follows:

(1)  In SECTION 1.03 of the substitute, following added Section 15.153(b)(1)(E)(i), Water Code (page 2, line 58), strike "or".

(2)  In SECTION 1.03 of the substitute, in added Section 15.153(b)(1)(E)(ii), Water Code, between "Section 11.121" and the semicolon (page 2, line 61), insert the following:

The amendment to CSSB 7 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:

Amend CSSB 7 (senate committee printing) in SECTION 1.03 of the substitute by striking added Section 15.153(e), Water Code (page 3, lines 5 through 9), and substituting the following:

The amendment to CSSB 7 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.

Senator Perry offered the following amendment to the bill:

Amend CSSB 7 (senate committee printing) in SECTION 2.02 of the substitute, immediately following newly redesignated Section 15.009(p), Water Code (page 7, between lines 67 and 68), by adding the following:

The amendment to CSSB 7 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. 4.

Senator Perry offered the following amendment to the bill:

Amend CSSB 7 (senate committee printing) in SECTION 4.01(b) of the substitute (page 8, line 32) by striking "S.J.R. 66" and substituting "H.J.R. 7".

The amendment to CSSB 7 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. 5.

CSSB 7 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

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 7 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 CHAMBER

Austin, Texas

Wednesday, April 2, 2025 - 1

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

Relating to creating the Texas Interoperability Council and a grant program administered by the council.

Relating to exemptions from sales and use taxes for game animals and exotic animals.

Relating to the authority of the Railroad Commission of Texas and the Public Utility Commission of Texas to address a failure by an operator to maintain an electrical power line serving a well site or certain surface facilities in accordance with the National Electrical Code.

Relating to the dissemination of certain school district ad valorem tax-related information.

Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.

Respectfully,

/s/Stephen Brown,

Chief Clerk

House of Representatives

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 5 p.m. today. I further move that the rule be suspended to allow the Secretary of the Senate to make the calendar available as soon as practicable.

ZAFFIRINI

The Motion In Writing was read and prevailed without objection.

Senator Middleton moved to suspend the regular order of business to take up for consideration SB 406 at this time on its second reading:

SB 406, Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain persons.

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 and was passed to engrossment by the following vote:  Yeas 20, Nays 11. (Same as previous roll call)

Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 689 at this time on its second reading:

CSSB 689, Relating to employment practices regarding diversity and prohibiting the implementation of diversity, equity, and inclusion initiatives by certain governmental entities.

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.

Senator Creighton offered the following amendment to the bill:

Amend CSSB 689 (senate committee report) in SECTION 1 of the bill, in added Section 621.002, Government Code (page 2, between lines 25 and 26), by inserting the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:

The amendment to CSSB 689 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 Miles offered the following amendment to the bill:

Amend CSSB 689 (senate committee report) in SECTION 1 of the bill as follows:

(1)  In added Section 621.002, Government Code (page 2, line 23), between "INITIATIVES." and "A", insert "(a)".

(2)  Immediately following added Section 621.002, Government Code (page 2, between lines 30 and 31), insert the following:

(b)  Nothing in this section may be construed to limit a duty imposed on a state agency by Chapter 2161 or the scope of a state agency's authority under that chapter.

The amendment to CSSB 689 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 West offered the following amendment to the bill:

Amend CSSB 689 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 51.014(a), Civil Practice and Remedies Code, is amended to read as follows:

(a)  A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:

(1)  appoints a receiver or trustee;

(2)  overrules a motion to vacate an order that appoints a receiver or trustee;

(3)  certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure;

(4)  grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65;

(5)  denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state in an action other than an action brought under Chapter 106 of this code or Chapter 21, Labor Code;

(6)  denies a motion for summary judgment that is based in whole or in part upon a claim against or defense by a member of the electronic or print media, acting in such capacity, or a person whose communication appears in or is published by the electronic or print media, arising under the free speech or free press clause of the First Amendment to the United States Constitution, or Article I, Section 8, of the Texas Constitution, or Chapter 73;

(7)  grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure, except in a suit brought under the Family Code;

(8)  grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001 in an action other than an action brought under Chapter 106 of this code or Chapter 21, Labor Code;

(9)  denies all or part of the relief sought by a motion under Section 74.351(b), except that an appeal may not be taken from an order granting an extension under Section 74.351;

(10)  grants relief sought by a motion under Section 74.351(l);

(11)  denies a motion to dismiss filed under Section 90.007;

(12)  denies a motion to dismiss filed under Section 27.003;

(13)  denies a motion for summary judgment filed by an electric utility regarding liability in a suit subject to Section 75.0022;

(14)  denies a motion filed by a municipality with a population of 500,000 or more in an action filed under Section 54.012(6) or 214.0012, Local Government Code;

(15)  makes a preliminary determination on a claim under Section 74.353;

(16)  overrules an objection filed under Section 148.003(d) or denies all or part of the relief sought by a motion under Section 148.003(f); or

(17)  grants or denies a motion for summary judgment filed by a contractor based on Section 97.002.

SECTION ____.  Section 106.002, Civil Practice and Remedies Code, is amended by adding Subsections (c) and (d) to read as follows:

SECTION ____.  Section 106.003(b), Civil Practice and Remedies Code, is amended to read as follows:

(b)  An offense under this section is a misdemeanor punishable by:

(1)  a fine of not more than $4,000 [$1,000];

(2)  confinement in the county jail for not more than one year; or

(3)  both the fine and confinement.

SECTION ____.  Section 21.201, Labor Code, is amended to read as follows:

Sec. 21.201.  FILING OF COMPLAINT; FORM AND CONTENT; SERVICE. (a) A person claiming to be aggrieved by an unlawful discriminatory employment practice or the person's agent may file a complaint with the commission.

(b)  The complaint must be in writing and made under oath.

(c)  The complaint must state:

(1)  that an unlawful discriminatory employment practice has been committed;

(2)  the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and

(3)  facts sufficient to enable the commission to identify the respondent.

(d)  The executive director or the executive director's designee shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.

(e)  A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.

(f)  An amendment to a complaint alleging additional facts that constitute unlawful discriminatory employment practices relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.

(g)  If a perfected complaint is not received by the commission before the second anniversary [within 180 days] of the date of an alleged unlawful employment practice [or, for a complaint alleging sexual harassment, within 300 days of the alleged sexual harassment], the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.

SECTION ____.  Section 21.202(a), Labor Code, is amended to read as follows:

(a)  A [Except as provided by Subsection (a-1), a] complaint under this subchapter must be filed not later than the second anniversary of [180th day after] the date the alleged unlawful employment practice occurred.

SECTION ____.  Section 21.252, Labor Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a)  A complainant [who receives notice under Section 21.208 that the complaint is not dismissed or resolved] is entitled to request from the commission a written notice of the complainant's right to file a civil action.

SECTION ____.  Section 21.255, Labor Code, is amended to read as follows:

Sec. 21.255.  COMMISSION'S INTERVENTION IN CIVIL ACTION BY COMPLAINANT. After receipt of a timely application, a court may permit the commission to intervene in a civil action filed by a complainant under this chapter [Section   21.254] if:

(1)  the commission certifies that the case is of general public importance; and

(2)  before commencement of the action the commission issued a determination of reasonable cause to believe that this chapter was violated.

SECTION ____.  Section 21.2585, Labor Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b)  A complainant may recover punitive damages against a respondent[, other than a respondent that is a governmental entity,] if the complainant demonstrates that the respondent engaged in a discriminatory practice with malice or with reckless indifference to the state-protected rights of an aggrieved individual.

SECTION ____.  Subchapter F, Chapter 21, Labor Code, is amended by adding Section 21.263 to read as follows:

SECTION ____.  The following provisions of the Labor Code are repealed:

(1)  Section 21.202(a-1);

(2)  Section 21.253;

(3)  Section 21.254; and

(4)  Sections 21.2585(d) and (e).

SECTION ____.  The changes in law made by this Act to Section 51.014 and Chapter 106, Civil Practice and Remedies Code, apply only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION ____.  The changes in law made by this Act to Chapter 21, Labor Code, apply only to an action based on conduct occurring on or after the effective date of this Act. An action based on conduct occurring before that date is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.

The amendment to CSSB 689 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.

CSSB 689 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.

Senator West moved to suspend the regular order of business to take up for consideration CSSB 578 at this time on its second reading:

CSSB 578, Relating to surveillance cameras for certain housing developments that receive an allocation of low income housing tax credits.

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

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Paxton, Perry, Schwertner, West, Zaffirini.

Nays:  Campbell, Hancock, Hughes, Parker, Sparks.

The bill was read second time.

Senator West offered the following amendment to the bill:

Amend CSSB 578 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, strike added Section 2306.6741(b), Government Code (page 1, lines 29-30), and substitute the following:

(2)  Strike SECTION 2 of the bill and renumber subsequent SECTIONS of the bill accordingly.

The amendment to CSSB 578 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 Eckhardt offered the following amendment to the bill:

Amend CSSB 578 (senate committee printing), in SECTION 1 of the bill, by striking added Section 2306.6741(b), Government Code (page 1, lines 29 and 30), and substituting the following:

The amendment to CSSB 578 was read.

Senator Eckhardt withdrew Floor Amendment No. 2.

CSSB 578 as amended was passed to engrossment by the following vote:  Yeas 23, Nays 8.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Cook, Flores, Gutierrez, Hagenbuch, Hall, A. Hinojosa, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Paxton, Perry, Schwertner, West, Zaffirini.

Nays:  Campbell, Creighton, Eckhardt, Hancock, Hughes, King, Parker, Sparks.

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 578 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, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Paxton, Perry, Schwertner, West, Zaffirini.

Nays:  Campbell, Eckhardt, Hancock, Hughes, Parker, Sparks.

The bill was read third time and was passed by the following vote:  Yeas 23, Nays 8.

Yeas:  Alvarado, Bettencourt, Birdwell, Blanco, Cook, Flores, Gutierrez, Hagenbuch, Hall, A. Hinojosa, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Paxton, Perry, Schwertner, West, Zaffirini.

Nays:  Campbell, Creighton, Eckhardt, Hancock, Hughes, King, Parker, Sparks.

On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration SB 985 at this time on its second reading:

SB 985, Relating to the combination of certain election precincts.

The bill was read second time.

Senator Bettencourt offered the following amendment to the bill:

Amend SB 985 (senate committee report) in SECTION 1 of the bill, in amended Section 42.0051, Election Code, as follows:

(1) In Subsection (a) (page 1, line 28), strike "500" and substitute "3,000".

(2) Strike Subsection (b) (page 1, lines 16 through 39) and reletter subsequent subsections and any cross-references to those subsections accordingly.

(3) In Subsection (c) (page 1, line 40), strike "or (b)".

(4) In Subsection (d) (page 1, line 43), between "In" and "a", insert "a primary election, the county executive committee of a political party conducting the primary election, or for".

(5) In Subsection (d) (page 1, line 45), strike "with a population of less than 1.2 million".

(6) Immediately following amended Subsection (f) (page 2, between lines 5 and 6), add the following appropriately lettered subsection:

The amendment to SB 985 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

SB 985 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

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 985 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.

The President announced the time had arrived to consider an executive appointment. Notice of submission of this name for consideration was given yesterday by Senator Campbell.

Senator Campbell moved confirmation of the nominee reported yesterday by the Committee on Nominations.

The following nominee, as reported by the Committee on Nominations, was confirmed by the following vote:  Yeas 21, Nays 10.

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

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

Member, Texas Commission on Law Enforcement:  Justin Lee Berry, Travis County.

Senator Eckhardt submitted the following statement:

Members, dissent is the heartbeat of democracy. The principle that individuals have the right to peacefully protest is not conditional upon the popularity of the dissenting view. Certainly, dissent can be curtailed to maintain order. But if maintaining order becomes a blanket excuse for intolerance or is invoked selectively, we are falling away from democracy and toward authoritarian governance.

The nomination of Officer Justin Berry is evidence that we are falling away from democracy. I don't mean to impugn the character of Berry as a person. But the Governor's selection of an officer with his history is evidence of a growing intolerance of dissent at the highest levels of our government, even to the point of taking up arms against the dissenters. 

There are three reasons NOT to confirm this nomination - 1. the nominee's history as a patrol officer, 2. the process by which his confirmation has come to the floor and 3. the symbolism of his nomination.

First, the nominee's history should raise concern. Anyone who has been a patrol officer as long as Berry will have some history of complaints lodged against him. But allegations against Berry, reaching back to 2011, have risen to the level of press coverage at least four times. Berry was among several police defendants in a federal civil rights lawsuit that spanned 2013-2017, nearly reaching the U.S. Supreme Court. And when he and 18 other officers shot into a crowd of protesters in 2020, causing grievous injuries to numerous protesters, their actions were the subject of criminal indictments. In the case of Christen Warkoczewski's injuries, the investigation determined that either Berry or one other officer had shot Ms. Warkoczewski in the face with a bean bag round that passed through her cheek and broke her jaw. The uncertainty warranted the dismissal of Berry's indictment. But, the City of Austin has paid out $850,000 to Ms. Warkoczewski and more than $22M in total civil settlements for injuries to protesters by APD officers.

There are more than 8,000 peace officers in Texas. Why did Governor Abbott pick one with this very public history?

Second, the process by which this nominee's confirmation comes to the floor of the Senate is unprecedented. Although the full SDC requested the opportunity to bring Officer Berry to the Nominations Committee to answer questions about his history and his intentions as a TCOLE commissioner, the Lt. Governor informed us on Thursday that he was denying the SDC request. Minority senators should have the same rights and rules as those in the majority.

And finally, the symbolism of Officer Berry's nomination is unmistakable. Of the more than 8,000 peace officers in Texas, the Governor chooses Officer Berry, not in spite of his having shot into a crowd of protesters, but BECAUSE Officer Berry shot at protesters. Just as Daniel Perry did (killing Garrett Foster, my constituent), after which Governor Abbott pardoned him. Just as Kyle Rittenhouse did (killing 2 men and wounding a third), after which Governor Abbott tweeted "NOT GUILTY!" And in response to the APD indictments, Abbott said the officers should be praised, not prosecuted.

This nomination is less about Officer Berry and more about sending a message that dissent against the current order will not be tolerated, even to the point of taking up arms against the dissenters. The dissenters are my constituents. And I must stand with them. I ask you, members, to stand with me in denying the Governor's nomination of this officer to TCOLE.

ECKHARDT

The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Campbell.

Senator Campbell moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:  Yeas 31, Nays 0.

Judge, 183rd Judicial District Court, Harris County:  Lance Gene Long, Harris County.

Judge, 297th Judicial District Court, Tarrant County:  Amy Allin Gastorf, Tarrant County.

Judge, 66th Judicial District Court, Hill County:  Justin William Lewis, Hill County.

Members, Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments:  Robb David Catalano, Tarrant County; Joseph Vincent Penn, Harris County.

Presiding Officer, Alamo Regional Mobility Authority:  John Christopher Asel, Bexar County.

Members, Board of Directors, Angelina and Neches River Authority Board of Directors:  Coreen Ann Blaylock, Angelina County; Robert Edward Hopkins, Jasper County; Jennifer Renee Sanders, Trinity County.

Member, Board of Pardons and Paroles:  Sandra Clark Fletcher, Fort Bend County.

Commissioners, Board of Pilot Commissioners for Galveston County Ports:  Elizabeth Kathleen Sekaly Cross, Galveston County; Arden Cyril Hill, Galveston County; Jason Ray Keeling, Galveston County; Terrilyn Tarlton-Shannon, Galveston County.

Presiding Officer, Central Texas Regional Mobility Authority:  Robert W. Jenkins, Travis County.

Chair, State Board of Education:  Aaron Glenn Kinsey, Midland County.

Member, Correctional Managed Health Care Committee:  Divyansu Patel, Travis County.

Members, Finance Commission of Texas:  Kathleen Klein Fields, Bexar County; Troy Lee Lambden, Young County; David Winfield Osborn, El Paso County; Miguel Romano, Travis County.

Member, Board of Directors, Gulf Coast Protection District:  Sharon Day Hulgan, Galveston County.

Member, Interstate Commision for Adult Offender Supervision:  Rene Javier Hinojosa, Travis County.

Members, Judicial Compensation Commission:  Rodney E. Anderson, Dallas County; Philip Wayne Johnson, Lubbock County; Linda Walters Kinney, Kendall County.

Members, Manufactured Housing Board:  James Edward Brady, Tarrant County; Joseph Thomas Christian, Bexar County.

Members, Motor Vehicle Crime Prevention Authority:  Charla Kay Scott Brotherton, Tarrant County; Scott A. Jackson, Kendall County; Thomas Allan Sloan, Travis County; Katherine Barker Whitehill, Dallas County.

Independent Ombudsman, Office of Independent Ombudsman for the Texas Juvenile Justice Department:  Robert Sean McCleskey, Bexar County.

Director, Office of School Safety and Security:  John Paul Scott, Somervell County.

Members, Public Safety Commission:  Willis D. Hord, Midland County; Steven Hall Stodghill, Dallas County.

Members, Board of Directors, Sabine River Authority of Texas:  Richard Blair Abney, Harrison County; Thomas Neil Beall, Sabine County; James William Bruce, Orange County; Clifford Ralph Todd, Panola County.

Member, Board of Directors, San Antonio River Authority:  John Henry Yochem, Goliad County.

Members, State Board of Dental Examiners:  Bryan Neal Henderson, Dallas County; Lorie Lynette Jones, Montgomery County; Sarah Lamb, Dallas County; Michael Brady Morehead, Bexar County.

Member, State Board of Veterinary Medical Examiners:  Stacy Elizabeth McLeod, Parker County.

Commissioners, State Commission on Judicial Conduct:  April Irene Aguirre, Harris County; Derek Matthew Cohen, Travis County; Yinon Weiss, Hays County.

Members, Statewide Health Coordinating Council:  Billie Bell, Medina County; Lauren Hart Day, Travis County; Emily Rose Hunt, Harris County; David Vaughan Lewis, Travis County; Dakota Marks, Angelina County.

Justice, Supreme Court of Texas:  James P. Sullivan, Travis County.

Member, Board of Regents, Texas A&M University System:  Kelley Sullivan Georgiades, Harris County.

Members, Texas Alcoholic Beverage Commission:  Michael S. Adkins, El Paso County; Chad Michael Craycraft, Dallas County.

Members, Texas Board of Criminal Justice:  Tommy Gene Fordyce, Walker County; Nathanael William Sprinkle, Fort Bend County; William O. Welch, Travis County; Sydney June Zuiker, Harris County.

Members, Texas Board of Professional Engineers and Land Surveyors:  Ademola Adejokun, Tarrant County; Roberto Moreno, El Paso County; Kiran Shah, Fort Bend County.

Members, Texas Board of Professional Geoscientists:  Danielle Margueritte Kingham, Brazoria County; Samuel Sean McGee, Kendall County.

Judge, Texas Business Court, 3rd Division:  Melissa Michelle Davis Andrews, Travis County.

Judge, Texas Business Court, 8th Division:  Brian Scott Stagner, Tarrant County.

Members, Texas Commission on Law Enforcement:  Janna Ann Atkins, Taylor County; Conor Ryan Harvey, Harris County; Sergio Saenz, Hildago County; Justin Allan West, Galveston County.

Members, Texas Commission on the Arts:  Robert M. Lee, Randall County; Patricia Peterson Nuss, Nueces County; Edwin Kent Perkins, Erath County; Nancy Carol Windham, Nacogdoches County.

Members, Texas Crime Stoppers Council:  Gregory F. New, Ellis County; Jarrod Wayne Robertson, Randall County; Cheryl Sinacola, Collin County.

Members, Texas Facilities Commission:  Robert Hampton Clay, Harris County; Robert Scott Wetmore, Travis County.

Members, Texas Higher Education Coordinating Board:  Richard L. Clemmer, Travis County; Stacy Ann Williams Hock, Travis County; Juan Jose Nevarez Sanchez, Dallas County; Ashlie Ann Thomas, Victoria County; Welcome Wade Wilson, Harris County.

Members, Texas Industrialized Building Code Council:  Suzanne Rebecca Arnold, Rockwall County; Edwin O. Lofton, Llano County; Alfonso Alexandre Morales, Harris County; Jorge Antonio Olivares, Bexar County; John Dilworth Scholl, Armstrong County; William Fletcher Smith, Hays County.

Members, Texas Judicial Council:  George Michael Bryant, Dallas County; David Daniel Botha Dunmoyer, Travis County.

Member, Board of Directors, Texas Permanent School Fund Corporation:  Clifton Leo Thomas, Victoria County.

Member, Board of Regents, University of North Texas System:  Teresa Lynne Banning West, Collin County.

Member, Veterans' Land Board:  James Richard Rothfelder, Comal County.

On motion of Senator King and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Economic Development might meet immediately upon adjournment in the Press Room, 2E.9.

On motion of Senator Perry, Senators Birdwell and Huffman will be shown as Co-authors of SB 7.

On motion of Senator Hughes, Senator Schwertner will be shown as Co-author of SB 29.

On motion of Senator Bettencourt, Senator Birdwell will be shown as Co-author of SB 38.

On motion of Senator Flores, Senator Middleton will be shown as Co-author of SB 241.

On motion of Senator Perry, Senator Hancock will be shown as Co-author of SB 261.

On motion of Senator Middleton, Senator Kolkhorst will be shown as Co-author of SB 406.

On motion of Senator Eckhardt, Senator Blanco will be shown as Co-author of SB 422.

On motion of Senator Kolkhorst, Senator Sparks will be shown as Co-author of SB 493.

On motion of Senator Flores, Senators Blanco and Menéndez will be shown as Co-authors of SB 608.

On motion of Senator Hughes, Senators Campbell, A. Hinojosa, Middleton, and Schwertner will be shown as Co-authors of SB 689.

On motion of Senator Alvarado, Senator Eckhardt will be shown as Co-author of SB 763.

On motion of Senator Paxton, Senator Eckhardt will be shown as Co-author of SB 836.

On motion of Senator Sparks, Senators Blanco and J. Hinojosa will be shown as Co-authors of SB 881.

On motion of Senator Sparks, Senator Alvarado will be shown as Co-author of SB 920.

On motion of Senator Hughes, Senators Parker, Paxton, and Perry will be shown as Co-authors of SB 942.

On motion of Senator Bettencourt, Senator Sparks will be shown as Co-author of SB 985.

On motion of Senator Hughes, Senator Parker will be shown as Co-author of SB 1154.

On motion of Senator Hughes, Senator Sparks will be shown as Co-author of SB 1273.

On motion of Senator Cook, Senator Bettencourt will be shown as Co-author of SB 1315.

On motion of Senator Cook, Senator Bettencourt will be shown as Co-author of SB 1317.

On motion of Senator Nichols, Senators Blanco, Cook, and Zaffirini will be shown as Co-authors of SB 1366.

On motion of Senator Kolkhorst, Senator King will be shown as Co-author of SB 1388.

On motion of Senator Zaffirini, Senator Menéndez will be shown as Co-author of SB 1536.

On motion of Senator Menéndez, Senator Alvarado will be shown as Co-author of SB 1562.

On motion of Senator Menéndez, Senators Eckhardt and J. Hinojosa will be shown as Co-authors of SB 1563.

On motion of Senator Huffman, Senators J. Hinojosa and Menéndez will be shown as Co-authors of SB 1737.

On motion of Senator Creighton, Senator Middleton will be shown as Co-author of SCR 39.

On motion of Senator Parker, Senator Kolkhorst will be shown as Co-author of SCR 44.

On motion of Senator West, Senator Miles will be shown as Co-author of SJR 56.

On motion of Senator Johnson, Senator Eckhardt will be shown as Co-author of SJR 82.

On motion of Senator Creighton, Senator Menéndez will be shown as Co-author of SR 352.

On motion of Senator Zaffirini, the Senate at 5:43 p.m. adjourned until 10:00 a.m. tomorrow.

The following committee reports were received by the Secretary of the Senate in the order listed:

LOCAL GOVERNMENT — CSSB 393

FINANCE — SB 2065, SB 1371

TRANSPORTATION — SB 1394, SB 1365, SB 2243, SB 2226, SB 2039, SB 1919, SB 1895, SB 1598, SB 1493

BUSINESS AND COMMERCE — CSSB 1810, CSSB 1791, SB 1706, CSSB 1644, SB 1238, SB 783, CSSB 458

FINANCE — CSSB 22

VETERAN AFFAIRS — CSSB 651, CSSB 897

SB 7, SB 125, SB 578, SB 608, SB 617, SB 763, SB 836, SB 878, SB 906, SB 920, SB 942, SB 985, SB 1084, SB 1366, SB 1388, SB 1563, SB 1737, SB 1738, SB 1816, SB 1939

SR 327, SR 346, SR 351, SR 352, SR 353, SR 354, SR 355, SR 359