Thursday, April 10, 2025 - 26th Day (Cont.)

TWENTY-SIXTH DAY

(Continued)

(Thursday, April 10, 2025)

AFTER RECESS

The Senate met at 10:10 a.m. and was called to order by President Pro Tempore Creighton.

Minister Carl Sherman, Hutchins Church of Christ, DeSoto, offered the invocation as follows:

Lord, blessed be the name of the Lord. Holy, holy, holy neither describes nor defines adequately who You are. Lord, thank You for not giving any of us what we deserve. We live and move because of You, according to Acts 17, we came from one blood and we have one God. For that we are grateful. Lord, we come before Your throne of grace and mercy asking for continued blessings of peace upon every legislator here. You, Lord Jesus, being our only hope for salvation, suffered the most agonizing and humiliating death. You were homeless and had no place to lay Your head as recorded in Matthew 8:20. Yet, You could have commanded a legion of angels to comfort You and confront Your enemies on that day, but You carried that cursed cross, which was covered with every sin of mine and everyone here today and everyone who had ever lived before and after. Every step You took up Golgotha's Hill was for us. Being beaten, spit upon, pierced in the side for us while saying, Forgive them for they know not what they do. Lord, thank You for saying, Not my will, but Your will. Lord, thank You for giving us an open book test. Lord, You promised all of us in Matthew 5:8, Blessed are the pure at heart for they shall see God. Lord help us. It's hard to unsee some things. As David said, Lord create in me a pure heart. And I pray that our priorities in work and life comport with Your written priorities. When I was hungry, You fed me. When I was thirsty, You gave me drink. When did we do this to You? When You did it to the least of these. Now, Lord Jesus, as recorded in Revelation 3:20, Though You are all powerful, yea You stand at the door and knock. Lord, may we as Your people open the door so that You may sup with us. Amen.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President Pro Tempore announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's calendar.

There was no objection.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Thursday, April 10, 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:

HB 422

González, Mary

Relating to limitations on the issuance of bonds by the Texas Water Development Board for the development of certain projects in economically distressed areas.

Respectfully,

/s/Stephen Brown,

Chief Clerk

House of Representatives

MESSAGE FROM THE GOVERNOR

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

April 10, 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 appointments:

To be members of the Council on Sex Offender Treatment for terms to expire as indicated:

To Expire February 1, 2027:

Grover C. Rollins, Psy.D.

McAllen, Texas

(replacing Ezio D. Leite of North Richland Hills who resigned)

To Expire February 1, 2031:

Elizabeth L. Cox

San Antonio, Texas

(Ms. Cox is being reappointed)

Jeffrey K. Fletcher

Lucas, Texas

(replacing Velma "Jean" Stanley, Ph.D. of Lufkin whose term expired)

Respectfully submitted,

/s/Greg Abbott

Governor

PHYSICIAN OF THE DAY

Senator Birdwell was recognized and presented Dr. Kevin Cunningham of Eastland as the Physician of the Day.

The Senate welcomed Dr. Cunningham and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

SENATE BILL 311 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up for consideration SB 311 at this time on its second reading:

SB 311, Relating to the writ power of the Texas Supreme Court.

The motion prevailed by the following vote: Yeas 23, Nays 7.

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

Nays: Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 23, Nays 7. (Same as previous roll call)

SENATE BILL 311 ON THIRD READING

Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 311 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 6.

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

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 23, Nays 7.

Nays: Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West.

Absent-excused: King.

SENATE BILL 883 ON SECOND READING

Senator Paxton moved to suspend the regular order of business to take up for consideration SB 883 at this time on its second reading:

SB 883, Relating to patient access to prescription drugs for off-label use for COVID-19 treatment.

The motion prevailed by the following vote: Yeas 23, Nays 7.

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

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

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 23, Nays 7. (Same as previous roll call)

SENATE BILL 1706 ON SECOND READING

Senator A. Hinojosa moved to suspend the regular order of business to take up for consideration SB 1706 at this time on its second reading:

SB 1706, Relating to the authority of the governing board of a state governmental body to conduct a closed meeting to deliberate an issue involving certain defense, military, or aerospace issues.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Hall.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

SENATE BILL 1706 ON THIRD READING

Senator A. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1706 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3.

Nays: Cook, Eckhardt, Hall.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

SENATE RESOLUTION 389

Senator Schwertner offered the following resolution:

SR 389, Recognizing April 10, 2025, as Texas Nuclear Legislative Day.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Schwertner, joined by Senator Parker, was recognized and introduced to the Senate a Texas Nuclear Legislative Day delegation including Texas Nuclear Alliance members.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE
SENATE BILL 1677 ON SECOND READING

Senator Menéndez moved to suspend the regular order of business to take up for consideration CSSB 1677 at this time on its second reading:

CSSB 1677, Relating to a study on prevention and reduction of diabetes-related amputation.

The motion prevailed by the following vote: Yeas 24, Nays 6.

Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.

Nays: Creighton, Hagenbuch, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 24, Nays 6. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1677 ON THIRD READING

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 CSSB 1677 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 6.

Nays: Creighton, Hagenbuch, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 24, Nays 6. (Same as previous roll call)

SENATE RESOLUTION 385

Senator A. Hinojosa offered the following resolution:

SR 385, Recognizing April 10, 2025, as Donna Day at the State Capitol.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator A. Hinojosa was recognized and introduced to the Senate a City of Donna Day delegation including Mayor David Moreno, Councilmember Joey Garza Jr., City Manager Jorge Peña, Linda Estrada, and Javier Ramirez.

The Senate welcomed its guests.

SENATE RESOLUTION 384

Senator Johnson offered the following resolution:

SR 384, Commemorating the 75th anniversary of Friends of the Dallas Public Library.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Johnson was recognized and introduced to the Senate a Dallas Public Library delegation including Executive Director Mary Wilonsky and Board Chairman Ken Benson.

The Senate welcomed its guests.

SENATE BILL 1967 ON SECOND READING

Senator J. Hinojosa moved to suspend the regular order of business to take up for consideration SB 1967 at this time on its second reading:

SB 1967, Relating to the projects eligible for financial assistance from the flood infrastructure fund.

The motion prevailed.

Senators Creighton and Hagenbuch 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: Creighton, Hagenbuch.

Absent-excused: King.

SENATE BILL 1967 ON THIRD READING

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 SB 1967 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

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

Nays: Creighton, Hagenbuch.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

SENATE BILL 1255 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 1255 at this time on its second reading:

SB 1255, Relating to the regulation of mold assessors and remediators.

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:

Absent-excused: King.

SENATE BILL 1255 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 1255 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 40 ON SECOND READING

On motion of Senator Birdwell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSJR 40 at this time on its second reading:

CSSJR 40, Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

The resolution 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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 40 ON THIRD READING

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJR 40 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The resolution was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 871 ON SECOND READING

On motion of Senator Birdwell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 871 at this time on its second reading:

CSSB 871, Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 871 ON THIRD READING

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 871 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

GUESTS PRESENTED

Senator Middleton was recognized and introduced to the Senate a Leadership Mainland delegation including Texas City-La Marque Chamber of Commerce President Tim Culp and Board of Directors member Desoto Clark.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE
SENATE BILL 1426 ON SECOND READING

On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1426 at this time on its second reading:

CSSB 1426, Relating to operation and management of the first capitol state historic site and replica by the Texas Historical Commission.

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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1426 ON THIRD READING

Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1426 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 249 ON SECOND READING

On motion of Senator Flores and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 249 at this time on its second reading:

CSSB 249, Relating to memorial markers for certain officers killed in the line of duty.

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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 249 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 CSSB 249 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1592 ON SECOND READING

Senator Blanco moved to suspend the regular order of business to take up for consideration CSSB 1592 at this time on its second reading:

CSSB 1592, Relating to the collection of state and local hotel occupancy taxes and assessments related to hotels by an accommodations intermediary.

The motion prevailed by the following vote: Yeas 20, Nays 10.

Yeas: Alvarado, Birdwell, Blanco, Cook, Eckhardt, Flores, Gutierrez, A. Hinojosa, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Schwertner, West, Zaffirini.

Nays: Bettencourt, Campbell, Creighton, Hagenbuch, Hall, Hancock, Hughes, Middleton, Perry, Sparks.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 20, Nays 10. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1592 ON THIRD READING

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 CSSB 1592 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 6.

Yeas: Alvarado, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, West, Zaffirini.

Nays: Bettencourt, Creighton, Hagenbuch, Hall, Middleton, Perry.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 20, Nays 10.

Yeas: Alvarado, Birdwell, Blanco, Cook, Eckhardt, Flores, Gutierrez, A. Hinojosa, J. Hinojosa, Huffman, Johnson, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Schwertner, West, Zaffirini.

Nays: Bettencourt, Campbell, Creighton, Hagenbuch, Hall, Hancock, Hughes, Middleton, Perry, Sparks.

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1271 ON SECOND READING

Senator Hancock moved to suspend the regular order of business to take up for consideration CSSB 1271 at this time on its second reading:

CSSB 1271, Relating to the concurrent jurisdiction of this state over United States military installations with respect to certain subject matters.

The motion prevailed by the following vote: Yeas 28, Nays 2.

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

Nays: Cook, Eckhardt.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1271 ON THIRD READING

Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1271 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

Nays: Cook, Eckhardt.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

SENATE BILL 745 ON SECOND READING

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration SB 745 at this time on its second reading:

SB 745, Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.

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.

Absent-excused: King.

SENATE BILL 745 ON THIRD READING

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 SB 745 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

Nays: Cook, Eckhardt.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

STATEMENT REGARDING SENATE BILL 745

Senator Cook submitted the following statement regarding SB 745:

I deeply appreciate the author's commitment to addressing the devastating impact of intoxicated driving and applaud her dedication to the issue. I respectfully voted no on SB 745.

Every life lost to intoxication manslaughter is a profound tragedy. I am heartbroken for the victims and families who have suffered immeasurable loss. The anguish of losing a loved one, or multiple loved ones, in a preventable crash is unimaginable.

Decades of research consistently shows that enhancing criminal penalties alone does not significantly reduce impaired driving fatalities. Texas already classifies intoxication manslaughter as a second degree felony carrying up to to 20 years imprisonment. SB 745 would extend first degree penalties and life imprisonment sentences to cases with multiple victims. While understandable in its intent, this approach may divert precious resources from other proven solutions that prevent these tragedies.

I am committed to working during the interim with my colleagues to develop comprehensive, evidence-based solutions that reduce intoxication related vehicular fatalities. The victims of these terrible crimes deserve our full attention and it is our moral duty to spare other families the heartbreak they have endured.

COOK

GUEST PRESENTED

Senator Kolkhorst was recognized and introduced to the Senate William Gleeson, serving today as an Honorary Senate Page.

The Senate welcomed William.

(President in Chair)

SENATE BILL 365 ON SECOND READING

Senator Eckhardt moved to suspend the regular order of business to take up for consideration SB 365 at this time on its second reading:

SB 365, Relating to the period for which an applicant for admission as an undergraduate student to a public institution of higher education is entitled to an academic fresh start.

The motion prevailed.

Senator Schwertner asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays: Schwertner.

Absent-excused: King.

SENATE BILL 365 ON THIRD READING

Senator Eckhardt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 365 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Schwertner.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1171 ON SECOND READING

On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1171 at this time on its second reading:

CSSB 1171, Relating to compensation, leave, and physical fitness programs and standards for certain employees of the office of inspector general of the Texas Juvenile Justice Department.

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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1171 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 1171 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

(Senator Birdwell in Chair)

COMMITTEE SUBSTITUTE
SENATE BILL 36 ON SECOND READING

Senator Parker moved to suspend the regular order of business to take up for consideration CSSB 36 at this time on its second reading:

CSSB 36, Relating to the homeland security activities of certain entities, including the establishment and operations of the Homeland Security Division in the Department of Public Safety.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Gutierrez, Menéndez.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 36 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 36 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3.

Nays: Cook, Gutierrez, Menéndez.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

GUESTS PRESENTED

Senator Blanco was recognized and introduced to the Senate students from Pecos-Barstow-Toyah ISD.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE
SENATE BILL 38 ON SECOND READING

Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSSB 38 at this time on its second reading:

CSSB 38, Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.

The motion prevailed by the following vote: Yeas 21, Nays 8, Present-not voting 1.

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

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

Present-not voting: West.

Absent-excused: King.

The bill was read second time.

Senator Bettencourt offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 38 (senate committee report) as follows:

(1) In SECTION 2 of the bill, in added Section 24.0041(a)(1), Property Code (page 1, line 52), strike "third" and substitute "fifth".

(2) In SECTION 4 of the bill, in added Section 24.005(f-3), Property Code (page 3, line 13), between "delivered" and the underlined colon, insert "using at least one of the following methods".

(3) In SECTION 4 of the bill, in added Section 24.005(f-3), Property Code (page 3, lines 14-21), strike Subdivisions (1) and (2) and substitute the following:

(1) mail, including first class mail, registered mail, certified mail, or a delivery service;

(2) delivery to the inside of the premises;

(3) hand delivery to any tenant of the premises; or

(4) if the parties have agreed in writing, electronic communication, including e-mail or other electronic means.

(4) In SECTION 5 of the bill, in added Section 24.00505, Property Code (page 3, line 26), strike "(a)".

(5) In SECTION 5 of the bill, strike added Section 24.00505(b), Property Code (page 3, lines 30-33).

(6) In SECTION 6 of the bill, in added Section 24.0051(f), Property Code (page 4, lines 33 and 35), strike "third" each time it appears and substitute "fifth".

(7) In SECTION 7 of the bill, in added Section 24.005106(c), Property Code (page 5, line 19), following the underlined period, insert the following:

The justice court may immediately set the case for trial upon the tenant's request for a trial in response to a motion for summary disposition.

(8) In SECTION 13 of the bill, in added Section 24.0061(b-1), Property Code (page 9, lines 37 and 39), strike "third" each time it appears and substitute "fifth".

(9) In SECTION 13 of the bill, in added Section 24.0061(b-1), Property Code (page 9, lines 40-41), strike "provide for the writ to be" and substitute "have the writ".

(10) Strike SECTION 15 of the bill, adding Section 24.012, Property Code (page 9, line 69, through page 10, line 14).

(11) Renumber the SECTIONS of the bill and cross-references to those SECTIONS appropriately.

The amendment to CSSB 38 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:

Absent-excused: King.

CSSB 38 as amended was passed to engrossment by the following vote: Yeas 21, Nays 8, Present-not voting 1.

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

Present-not voting: West.

Absent-excused: King.

GUESTS PRESENTED

Senator Cook was recognized and introduced to the Senate an Environmental Justice Advocacy Day delegation.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 4 ON SECOND READING

Senator Schwertner moved to suspend the regular order of business to take up for consideration CSSJR 4 at this time on its second reading:

CSSJR 4, Proposing a constitutional amendment providing for the maximum amount of money allowable in the economic stabilization fund.

The motion prevailed by the following vote: Yeas 23, Nays 7.

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

Nays: Cook, Eckhardt, Hancock, Hughes, Middleton, Miles, Sparks.

Absent-excused: King.

The resolution was read second time.

Senator Schwertner offered the following amendment to the resolution:

Floor Amendment No. 1

Amend CSSJR 4 (senate committee printing) as follows:

(1) In SECTION 2 of the resolution, in Subsection (b) of the temporary provision (page 1, line 43), strike "2027" and substitute "2028".

(2) In SECTION 2 of the resolution, in Subsection (c) of the temporary provision (page 1, line 44), strike "2028" and substitute "2029".

(3) In SECTION 3 of the resolution, in the proposed ballot language (page 1, lines 49 through 50), strike "allowable in the economic stabilization fund" and substitute "that may be saved in the economic stabilization fund with the goal of providing greater financial security for this state".

The amendment to CSSJR 4 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:

Absent-excused: King.

CSSJR 4 as amended was passed to engrossment by the following vote: Yeas 23, Nays 7.

Nays: Cook, Eckhardt, Hancock, Hughes, Middleton, Miles, Sparks.

Absent-excused: King.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Thursday, April 10, 2025 - 2

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 365

González, Mary

Relating to the authority of the Texas Water Development Board to provide financial assistance from the economically distressed areas account that is not required to be repaid.

HB 647

Patterson

Relating to the removal of certain restrictions imposed on driver's licenses; authorizing a fee.

HB 1094

Lambert

Relating to the regulation of transportation protection agreements.

HB 1109

VanDeaver

Relating to an exemption from certain motor fuel taxes for counties in this state.

Respectfully,

/s/Stephen Brown,

Chief Clerk

House of Representatives

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 4 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 CSSJR 4 be placed on its third reading and final passage:

CSSJR 4, Proposing a constitutional amendment providing for the maximum amount of money allowable in the economic stabilization fund.

The motion prevailed by the following vote: Yeas 24, Nays 6.

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

Nays: Cook, Eckhardt, Hancock, Hughes, Miles, Sparks.

Absent-excused: King.

The resolution was read third time and was passed by the following vote: Yeas 23, Nays 7.

Nays: Cook, Eckhardt, Hancock, Hughes, Middleton, Miles, Sparks.

Absent-excused: King.

SENATE BILL 1265 ON SECOND READING

On motion of Senator Alvarado and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1265 at this time on its second reading:

SB 1265, Relating to certain duties of the Texas Workforce Commission with respect to child-care resources.

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:

Absent-excused: King.

SENATE BILL 1265 ON THIRD READING

Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1265 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

SENATE BILL 2148 ON SECOND READING

On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration SB 2148 at this time on its second reading:

SB 2148, Relating to the reliability of the electricity supply chain.

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:

Absent-excused: King.

SENATE BILL 2148 ON THIRD READING

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2148 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 760 ON SECOND READING

Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 760 at this time on its second reading:

CSSB 760, Relating to an application for a ballot to be voted by mail submitted by certain residents of an assisted living facility, a nursing facility, or an intermediate care facility.

The motion prevailed by the following vote: Yeas 19, Nays 11.

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

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

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 19, Nays 11. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1057 ON SECOND READING

Senator Parker moved to suspend the regular order of business to take up for consideration CSSB 1057 at this time on its second reading:

CSSB 1057, Relating to the submission and approval of certain proposals by shareholders of nationally listed corporations.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Miles.

Absent-excused: King.

The bill was read second time.

Senator Johnson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1057 (senate committee report) in SECTION 1 of the bill, immediately following added Section 21.373(c), Business Organizations Code (page 1, between lines 56 and 57), by inserting the following appropriately lettered subsection and relettering subsequent subsections of that section and cross-references to those subsections accordingly:

( ) A nationally listed corporation shall include in any proxy statement provided to shareholders specific information about the process by which a shareholder or group of shareholders may submit a proposal on a matter requiring shareholder approval, including information for how shareholders may contact other shareholders for the purpose of satisfying the ownership requirements in this section.

The amendment to CSSB 1057 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:

Absent-excused: King.

CSSB 1057 as amended was passed to engrossment by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Miles.

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1057 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 1057 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Miles.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1313 ON SECOND READING

Senator Cook moved to suspend the regular order of business to take up for consideration CSSB 1313 at this time on its second reading:

CSSB 1313, Relating to prohibited signs, logos, and designs in advertising or marketing cigarettes, e-cigarettes, or other tobacco products; creating a criminal offense.

The motion prevailed by the following vote: Yeas 25, Nays 5.

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

Nays: Creighton, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 25, Nays 5. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1313 ON THIRD READING

Senator Cook moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1313 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 5.

Nays: Creighton, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 25, Nays 5. (Same as previous roll call)

SENATE BILL 1316 ON SECOND READING

Senator Cook moved to suspend the regular order of business to take up for consideration SB 1316 at this time on its second reading:

SB 1316, Relating to a prohibition on e-cigarette advertising in certain locations.

The motion prevailed by the following vote: Yeas 25, Nays 5.

Nays: Creighton, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 25, Nays 5. (Same as previous roll call)

SENATE BILL 1316 ON THIRD READING

Senator Cook moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1316 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 5.

Nays: Creighton, Hall, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 25, Nays 5. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1067 ON SECOND READING

Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 1067 at this time on its second reading:

CSSB 1067, Relating to prohibiting public institutions of higher education and employees of public institutions of higher education and their spouses from soliciting or accepting gifts, grants, donations, or investments from certain foreign entities.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Miles.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1067 ON THIRD READING

Senator Middleton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1067 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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

Nays: Cook, Eckhardt, Miles.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3. (Same as previous roll call)

SENATE BILL 785 ON SECOND READING

Senator Flores moved to suspend the regular order of business to take up for consideration SB 785 at this time on its second reading:

SB 785, Relating to the regulation of new HUD-code manufactured housing.

The motion prevailed.

Senators Schwertner and West asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Flores offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 785 (senate committee printing) in SECTION 1 of the bill, amending Section 1201.008, Occupations Code, as follows:

(1) In the recital (page 1, line 21), strike "and (g)" and substitute ", (g), and (h)".

(2) In added Subsection (d-1) (page 1, lines 39 and 40), strike the first sentence.

(3) In added Subsection (d-1) (page 1, lines 43 and 44), strike "that has been constructed in accordance with federal law and this chapter." and substitute the following:

if:

(1) the home has been constructed in accordance with federal law and this chapter; and

(2) the municipality does not require a specific use permit for other residential property in the same zoning classification.

(4) In added Subsection (g) (page 1, line 45), strike "A" and substitute "Except as provided by Subsection (h), a".

(5) Strike added Subsection (g)(1) (page 1, lines 47-50) and substitute the following:

(1) shall permit the installation, by right, of a new HUD-code manufactured home for use as a dwelling within the municipality's boundaries under at least one:

(A) residential zoning classification;

(B) type of residential zoning district; or

(6) In added Subsection (g)(2) (page 1, lines 53-55), strike "in all residential zoning classifications or types of residential zoning districts adopted by the municipality." and substitute the following:

within the municipality's boundaries;

(3) shall ensure at least one of the residential zoning classifications or districts described by Subdivision (1) has been adopted and applies to a substantial area of land within the municipality's boundaries; and

(4) if the municipality has a comprehensive zoning classification map, shall indicate on the map the areas within the municipality's boundaries that comply with Subdivision (3).

(7) Immediately after added Subsection (g) (page 1, between lines 55 and 56), insert the following:

(h) Subsection (g) does not:

(1) limit the authority of a municipality to adopt or enforce an ordinance, rule, or other measure to protect historic landmarks or include properties within the boundaries of a local historic district;

(2) affect deed restrictions established before January 2, 2025; or

(3) apply to a municipality:

(A) in which all areas zoned for residential use have deed restrictions on September 1, 2025, prohibiting the placement of manufactured homes; or

(B) that does not have any areas or districts zoned for business or industrial use.

The amendment to SB 785 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:

Absent-excused: King.

SB 785 as amended 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: Schwertner, West.

Absent-excused: King.

SENATE BILL 785 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 785 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

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

Nays: Schwertner, West.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2. (Same as previous roll call)

(President Pro Tempore Creighton in Chair)

SENATE BILL 1059 ON SECOND READING

Senator Parker moved to suspend the regular order of business to take up for consideration SB 1059 at this time on its second reading:

SB 1059, Relating to the authority of the governing body of a home-rule municipality to submit a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law.

The motion prevailed by the following vote: Yeas 21, Nays 9.

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

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 9. (Same as previous roll call)

(President in Chair)

SENATE BILL 1559 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 1559 at this time on its second reading:

SB 1559, Relating to the transfer of a protective order.

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:

Absent-excused: King.

SENATE BILL 1559 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 1559 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

SENATE BILL 1210 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up for consideration SB 1210 at this time on its second reading:

SB 1210, Relating to the jurisdiction of the Texas Supreme Court and the Court of Criminal Appeals.

The motion prevailed by the following vote: Yeas 21, Nays 9.

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

Nays: Cook, Eckhardt, Gutierrez, J. Hinojosa, Huffman, Johnson, Menéndez, Miles, Nichols.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 9. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 1871 ON SECOND READING

Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 1871 at this time on its second reading:

CSSB 1871, Relating to discipline management and access to telehealth mental health services in public schools.

The motion prevailed.

Senator Cook asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Perry offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1871 (senate committee report) as follows:

(1) In SECTION 17 of the bill, in added Section 38.2545(b), Education Code (page 10, line 24), strike "shall" and substitute "may".

(2) In SECTION 17 of the bill, strike added Sections 38.2545(c), (d), and (e), Education Code (page 10, lines 26 through 41), substitute the following appropriately lettered subsections, and reletter subsequent subsections accordingly:

( ) A school district may not:

(1) refer to the program a student who is younger than 18 years of age unless the district obtains consent from the parent or legal guardian of the student;

(2) require a student to participate in any service provided under Subsection (b); or

(3) allow a student who is younger than 18 years of age to participate in any component of the program that involves mental health education or screening unless the program has obtained signed written consent from the student's parent or legal guardian.

( ) The program must obtain written consent from the parent or legal guardian of a student as required by Section 113.0152, Health and Safety Code, before providing to the student a mental health service under this section.

(3) In SECTION 17 of the bill, in added Section 38.2545(g), Education Code (page 10, line 51), between "post" and "on", insert "quarterly".

(4) In SECTION 18 of the bill, in amended Section 113.0251, Health and Safety Code (page 11), strike lines 1 through 15 and substitute the following:

(3) during the preceding two years, the percentage of participants in the Texas Child Health Access through Telemedicine program operated by the consortium:

(A) who were prescribed a psychotropic drug by the consortium;

(B) who were referred to a health provider for further mental health services;

(D) who were provided information on consortium research programs on the participant's discharge from the program;

(4) during the preceding two years, the percentage of:

(A) potential participants for whom a parent or legal guardian declined to give informed consent to participate in the program; and

(B) potential participants who were referred to but not enrolled in the program because the potential participant needed more emergent care; and

The amendment to CSSB 1871 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:

Absent-excused: King.

Senator Cook offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1871 (senate committee report) as follows:

(1) In the recital to SECTION 4 of the bill, amending Section 37.002, Education Code (page 2, line 35), between "(c-2)," and "(f)", insert "(c-3),".

(2) In SECTION 4 of the bill, in amended Section 37.002(c), Education Code (page 2, line 58), strike "may place the student into" and substituting "or campus behavior coordinator may place the student into a school-based behavioral support setting, into".

(3) In SECTION 4 of the bill, immediately following added Section 37.002(c-2), Education Code (page 3, between lines 13 and 14), insert the following:

(c-3) The principal or campus behavior coordinator must consider whether a student removed from class under Subsection (b) may be placed into a school-based behavioral support setting designed to address the student's physical, mental, or behavioral health needs before making a determination to place the student in another placement setting described by Subsection (c).

The amendment to CSSB 1871 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 except as follows:

Absent-excused: King.

Senator Cook offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1871 (senate committee report) in SECTION 5 of the bill, in amended Section 37.005(c), Education Code, by striking page 3, line 68 through page 4, line 1 and substituting the following:

(3) conduct that contains the elements of a violent offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;

The amendment to CSSB 1871 was read and failed of adoption by the following vote: Yeas 11, Nays 19.

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, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.

Absent-excused: King.

Senator West offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 1871 (senate committee report) as follows:

(1) In the recital to SECTION 4 of the bill (page 2, line 35), between "(f)," and "and (g)", insert "(f-1),".

(2) Immediately following added Section 37.002(f), Education Code (page 3, between lines 36 and 37), insert the following:

(f-1) The principal, campus behavior coordinator, or other appropriate administrator shall, at the conference required under Section 37.009(a), notify a student who has been removed from class under this section and the parent of or person standing in parental relation to the student of the student's right to appeal under Subsection (f).

The amendment to CSSB 1871 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 except as follows:

Absent-excused: King.

Senator West offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 1871 (senate committee report) as follows:

(1) Strike the recital to SECTION 6 of the bill (page 4, lines 24 and 25) and substitute the following:

SECTION 6. Section 37.006, Education Code, is amended by amending Subsections (a), (b), (c), and (d) and adding Subsection (d-1) to read as follows:

(2) In SECTION 6 of the bill, in amended Section 37.006(d)(1)(B), Education Code (page 5, line 48), between "(B)" and "engages", insert "except as provided by Subsection (d-1),".

(3) In SECTION 6 of the bill, immediately following amended Section 37.006(d), Education Code (page 5, between lines 61 and 62), insert the following:

(d-1) A student may be removed from class under Subsection (d)(1)(B) for conduct described by Section 37.124(c)(1)(A) only if the conduct is wilful, repeated, and documented.

The amendment to CSSB 1871 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 except as follows:

Absent-excused: King.

Senator West offered the following amendment to the bill:

Floor Amendment No. 6

Amend CSSB 1871 (senate committee report) in SECTION 9 of the bill, adding Section 37.0083, Education Code, as follows:

(1) In Subsection (a) (page 7, line 42), between "37.007" and "in", insert "or 37.0081".

(2) In Subsection (a) (page 7, line 44), between "student" and the underlined period, insert the following:

only if no positions for the grade level in which the student is enrolled are available in:

(1) the district's in-person disciplinary alternative education program; and

(2) if the county in which the district is located operates a juvenile justice alternative education program, the county's juvenile justice alternative education program

(3) After Subsection (a) (page 7, between lines 44 and 45), insert the following appropriately lettered subsections and reletter subsequent subsections accordingly:

( ) A school district must ensure that, to the extent practicable in a virtual setting, the district's virtual disciplinary alternative education program complies with the requirements for a disciplinary alternative education program under Section 37.008.

( ) A school's placement review committee shall review the placement of a student in a virtual disciplinary alternative education program under this section at least once every 45 school days after the date the placement begins to determine if continued placement in the program is appropriate. If the placement review committee determines that continued placement is appropriate, the committee shall document the determination.

The amendment to CSSB 1871 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. 6 except as follows:

Absent-excused: King.

CSSB 1871 as amended 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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1871 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 1871 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

(Senator Flores in Chair)

COMMITTEE SUBSTITUTE
SENATE BILL 1786 ON SECOND READING

On motion of Senator Creighton and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1786 at this time on its second reading:

CSSB 1786, Relating to public higher education.

The bill was read second time.

Senator Creighton offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1786 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 28.0095(a), Education Code, is amended by adding Subdivision (5) to read as follows:

(5) "School district" includes the Windham School District.

SECTION ____. Subchapter C, Chapter 61, Education Code, is amended by adding Sections 61.09023 and 61.09096 to read as follows:

Sec. 61.09023. REPORTING ON POSTSECONDARY OUTCOMES. (a) The board, in conjunction with the Texas Education Agency, shall post on the board's Internet website the following de-identified data, disaggregated by institution of higher education, school district, and matriculating cohort:

(1) for students who graduate from a degree, certificate, or other credential program:

(A) the program completed;

(B) the employment status of graduates from each program, including, if known, the number of those graduates who enrolled in additional postsecondary education;

(C) the counties of employment and residence, industries of employment, occupations, and wages of graduates from each program; and

(D) the number of applications for the program using the common admission application form adopted under Section 51.762 or a form adopted by the institution; and

(2) for students who have not graduated from a degree, certificate, or other credential program and are no longer enrolled in that program:

(A) the program in which the student was most recently enrolled;

(B) the number of credits remaining before the student would complete the program;

(C) the student's employment status, including, if known, whether the student is enrolled in another degree, certificate, or other credential program at an institution of higher education;

(D) the counties and industries of employment, occupations, and wages of those students; and

(E) the number of applications for the program using the common admission application form adopted under Section 51.762 or a form adopted by the institution.

(b) The board shall ensure the data posted under Subsection (a) complies with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

Sec. 61.09096. BIENNIAL REGIONAL LABOR DEMAND ASSESSMENT. (a) The board, in consultation with the Texas Workforce Commission, shall conduct a biennial assessment of regional labor demands across the state to allow institutions of higher education and school districts to better align educational programs with workforce needs. In conducting the assessment, the board shall:

(1) analyze current and projected workforce needs in each region of the state over a 10-year period, disaggregated by wage, industry, occupational field, full-time and part-time status, county of primary employment, county of residence, and remote work status;

(2) identify for each region and county the industries and occupations that lead to a self-sufficient wage, as determined under Section 2308A.012, Government Code, based on local labor market conditions;

(3) provide a list of degrees, certificates, or other credentials included in the library of credentials established under Section 2308A.007, Government Code, that lead to jobs in the industries or occupations identified under Subdivision (2); and

(4) provide information on outcomes relating to each degree, certificate, or other credential listed under Subdivision (3), including:

(A) the median wage earned by students who graduated with the degree, certificate, or other credential in 1 year, 5 years, and 10 years after completion of the program; and

(B) job placement rates in six months of completion of the degree, certificate, or other credential.

(b) To assist the board in conducting the assessment under this section, the board, in coordination with other state agencies, including the Texas Workforce Commission, the Texas Education Agency, and other relevant entities, shall:

(1) access labor market information, employment data, and workforce projections; and

(2) ensure that educational and training programs, credentialing pathways, and career preparation efforts are informed by comprehensive and accurate labor market data.

(c) The board shall provide the labor market information and workforce projections obtained from the assessment conducted under this section, disaggregated by education service center region, to institutions of higher education, school districts, and open-enrollment charter schools to support program development aligned with regional workforce needs.

(d) Not later than December 1 of each even-numbered year, the board shall report the results of the assessment conducted under this section to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over higher education. Regional data included in the report must be disaggregated by education service center region.

The amendment to CSSB 1786 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:

Absent-excused: King.

Senator Paxton offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1786 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter A, Chapter 130A, Education Code, is amended by adding Section 130A.0061 to read as follows:

Sec. 130A.0061. REPORTING ON OUT-OF-STATE STUDENT TRANSFERS. (a) In submitting required data under Section 130A.006 for an academic year, each junior college district shall include data regarding students who transfer to an out-of-state college or university during that academic year.

(b) Not later than December 1 of each even-numbered year, the coordinating board shall submit to the legislature a report on out-of-state transfers from junior college districts using data collected under Subsection (a). The report required under this subsection may be included in any other report made by the coordinating board.

The amendment to CSSB 1786 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 except as follows:

Absent-excused: King.

CSSB 1786 as amended 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:

Absent-excused: King.

COMMITTEE SUBSTITUTE
SENATE BILL 1786 ON THIRD READING

Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1786 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

SENATE BILL 1365 ON SECOND READING

Senator Nichols moved to suspend the regular order of business to take up for consideration SB 1365 at this time on its second reading:

SB 1365, Relating to vehicle registration, license plates, and inspection reports.

The motion prevailed by the following vote: Yeas 26, Nays 4.

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

Nays: Creighton, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 26, Nays 4. (Same as previous roll call)

SENATE BILL 1365 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 1365 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 4.

Nays: Creighton, Hughes, Middleton, Sparks.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 4. (Same as previous roll call)

SENATE BILL 1318 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 1318 at this time on its second reading:

SB 1318, Relating to restrictions on covenants not to compete for physicians and certain health care practitioners.

The bill was read second time.

Senator Schwertner offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1318 (senate committee report) as follows:

(1) Strike the recital to SECTION 1 of the bill (page 1, lines 22 and 23), and substitute the following:

SECTION 1. Section 15.50, Business & Commerce Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:

(2) In added Section 15.50(b)(4)(B), Business & Commerce Code (page 2, line 7), between "radius" and the period, insert "from the location at which the physician primarily practiced before contract or employment terminated, as specified in the covenant".

(3) Immediately following added Section 15.50(b)(4), Business & Commerce Code, (page 2, between lines 7 and 8), insert the following:

(b-1) For the purposes of Subsection (b), the practice of medicine does not include managing or directing medical services in an administrative capacity for a medical practice.

(4) In added Section 15.501(b)(3), Business & Commerce Code (page 2, line 28), between "radius" and the underlined period, insert "from the location at which the physician primarily practiced before contract or employment terminated, as specified in the covenant".

The amendment to SB 1318 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:

Absent-excused: King.

SB 1318 as amended 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:

Absent-excused: King.

SENATE BILL 1318 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 1318 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: King.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE
SENATE BILL 95 ON SECOND READING

Senator Hall moved to suspend the regular order of business to take up for consideration CSSB 95 at this time on its second reading:

CSSB 95, Relating to the administration of immunizations to children, including required written informed consent to those immunizations and civil liability for failure to obtain the consent; providing an administrative penalty.

The motion prevailed by the following vote: Yeas 21, Nays 9.

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

Absent-excused: King.

The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 9. (Same as previous roll call)

ADJOURNMENT

On motion of Senator Zaffirini, the Senate at 2:18 p.m. adjourned until 2:21 p.m. today.