THIRTIETH DAY
(Continued)
(Thursday, April 24, 2025)
AFTER RECESS
The Senate met at 10:22 a.m. and was called to order by President Pro Tempore Creighton.
Pastor Norm Sulaica Jr., St. John Lutheran Church of Prairie Hill, Brenham, offered the invocation as follows:
Almighty God, our heavenly Father, bless our Senators here in the great State of Texas. As they do their work, bless each of them with wisdom, kindness, and justice. Help them use their authority to serve faithfully and to promote the general welfare of the people, through Your son, Jesus Christ, our Lord. Amen.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, April 24, 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 measures for ensuring public school safety, including the commissioning of peace officers by the Texas Education Agency, the composition of the board of directors of the Texas School Safety Center, public school safety and security requirements and resources, and the reporting of child abuse or neglect by public school employees.
Relating to regulation of the use of artificial intelligence systems in this state; providing civil penalties.
Relating to credit toward payment of fines and costs for certain defendants.
Relating to rates established by municipalities for water or sewer service for certain entities.
Relating to an interstate compact for the liquefied natural gas industry.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
GUESTS PRESENTED
Senator Kolkhorst was recognized and introduced to the Senate a Fayette County delegation.
The Senate welcomed its guests.
SENATE RESOLUTION 432
Senator J. Hinojosa offered the following resolution:
SR 432, Commending Rob Kepple on his exemplary career with the Texas District and County Attorneys Association.
J. HINOJOSA
ECKHARDT
HUFFMAN
WEST
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator J. Hinojosa was recognized and introduced to the Senate Rob Kepple accompanied by his wife, Jennie Branch Kepple, Shannon Edmonds, and Tom Kromptz, as well as many family members and friends.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Gutierrez was recognized and presented Dr. Christine Camacho of San Antonio as the Physician of the Day.
The Senate welcomed Dr. Camacho, accompanied by Dr. Elliana Yap, and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate a La Salle County delegation including County Judge Leodoro "Lolo" Martinez III; County Attorney Elizabeth Martinez; County Commissioners Noel Niavez, Joaquin Alba, Erasmo "Mito" Ramirez Jr., and Raul Ayala; Justice of the Peace Roxanna Rodriguez; and Cotulla Independent School District Superintendent, Dr. Ramiro Nava.
The Senate welcomed its guests.
SENATE RESOLUTIONS
The following resolutions were offered:
SR 430 by J. Hinojosa, In memory of Manuela Garza Sanchez.
SR 442 by Hagenbuch, In memory of Joseph Burt Dial of San Antonio.
SR 444 by Zaffirini, Recognizing April 24, 2025, as Jim Hogg County Day.
SR 445 by Zaffirini, Recognizing April 24, 2025, as La Salle County Day.
SR 446 by Birdwell, Recognizing the Eleventh Court of Appeals on the occasion of the court's centennial.
SR 447 by Kolkhorst, Recognizing April 24, 2025, as Reman Day.
The resolutions were read and were adopted by a viva voce vote.
BILL SIGNED
The President Pro Tempore announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: SB 365.
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President Pro Tempore announced that the introduction of bills and resolutions on first reading would be further postponed until the end of today's calendar.
There was no objection.
SENATE RESOLUTION 429
Senator Middleton offered the following resolution:
SR 429, Recognizing October 2025 as Rett Syndrome Awareness Month.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate a Jim Hogg County delegation including County Judge Juan Carlos Guerra; County Attorney Rudy Gutierrez; Sheriff Erasmo Alarcon Jr.; Tax Assessor/Collector Norma Hinojosa; County Commissioners Tony Flores, Sandalio Ruiz, Cynthia Betancourt, and Abelardo Alaniz; Constable Armando Garza; and Jim Hogg County Fair royalty.
The Senate welcomed its guests.
ANNOUNCEMENT
Senator Cook announced that the Texas Dermatological Society is hosting skin checks for all Members and staff today from 1 to 3 p.m. in the Legislative Conference Center, E2.002.
SENATE BILL 1152 ON SECOND READING
Senator Huffman moved to suspend the regular order of business to take up for consideration SB 1152 at this time on its second reading:
SB 1152, Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Cook, Eckhardt, Menéndez, Miles, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
SENATE BILL 1152 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 SB 1152 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Cook, Eckhardt, Menéndez, Miles, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
GUESTS PRESENTED
Senator Kolkhorst was recognized and introduced to the Senate an Austin County delegation including District Attorney Brandy Robinson.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Birdwell was recognized and introduced to the Senate La Vega High School students with the Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE), accompanied by Lisa Carter.
The Senate welcomed its guests.
COMMITTEE SUBSTITUTE
SENATE BILL 1868 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSSB 1868 at this time on its second reading:
CSSB 1868, Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.
The motion prevailed by the following vote: Yeas 26, Nays 4, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Cook, Eckhardt, Johnson, Zaffirini.
Present-not voting: Miles.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1868 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 445.002(d), Health and Safety Code (page 2, line 21), between "product" and "that" insert "or a product marketed as containing kratom".
(2) In redesignated and amended Section 445.003, Health and Safety Code (page 2, lines 25 through 27), strike "A person [kratom processor or kratom retailer] may not manufacture, prepare, distribute, sell, or offer for sale [to sell]" and substitute the following:
(a) A person commits an offense if the person manufactures, prepares, distributes, sells, or offers for sale [A kratom processor or kratom retailer may not prepare, distribute, sell, or offer to sell]
(3) In redesignated and amended Section 445.003, Health and Safety Code (page 2, between lines 47 and 48), insert the following:
(b) An offense under this section is a Class A misdemeanor.
(c) A kratom product described by Subsection (a) is considered to be adulterated for purposes of Chapter 431.
(4) In redesignated and amended Section 445.004(a), Health and Safety Code (page 2, line 51), between "product" and "to" insert "or a product marketed as containing kratom".
(5) In added Section 445.005(b), Health and Safety Code (page 2, line 59), between "product" and "in" insert "or a product marketed as containing kratom".
(6) In added Section 445.007, Health and Safety Code (page 3, line 1), between "product" and "at" insert "or a product marketed as containing kratom".
(7) In added Section 445.007, Health and Safety Code (page 3, line 2), between "sale" and the underlined colon, insert "the following products or products marketed as the following products".
(8) Immediately following added Section 445.007, Health and Safety Code (page 3, between lines 9 and 10), insert the following:
Sec. 445.0071. OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE OF KRATOM PRODUCT FOR SMOKING. (a) In this section, "smoking" means burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.
(b) A person commits an offense if the person manufactures, distributes, sells, or offers for sale a kratom product or a product marketed as containing kratom for smoking.
(c) An offense under this section is a Class A misdemeanor.
Sec. 445.0072. OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE OF PILL OR TABLET CONTAINING KRATOM. (a) A person commits an offense if the person manufactures, distributes, sells, or offers for sale a pill or tablet that contains kratom or that is marketed as containing kratom. For purposes of this subsection, a capsule is not considered to be a pill or tablet.
(b) An offense under this section is a Class A misdemeanor.
The amendment to CSSB 1868 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 Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 1868 (senate committee report) in SECTION 4 of the bill as follows:
(1) In amended Section 481.103(a)(1), Health and Safety Code (page 7, lines 32-36), strike "Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:" and substitute the following:
Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their metabolites, isomers, acids, salts, and salts of isomers with similar chemical structure and pharmacological activity, including [such as]:
(2) In amended Section 481.103(a)(1), Health and Safety Code (page 7, line 42), between "delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;" and "or" insert the following:
delta-5, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6a, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-7, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-7a, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-8, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-10, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-10a, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-11, cis or trans tetrahydrocannabinol, and their optical isomers;
delta-11-Hydroxy-tetrahydrocannabinol;
exo-tetrahydrocannabinol;
tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin;
11-hydroxy-tetrahydrocannabinol;
3-hydroxy-tetrahydrocannabinol;
7-hydroxy-tetrahydrocannabinol;
hexahydrocannabiphorol-o-ester;
hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;
hydrogenated forms of hexahydrocannabinol, including 8-hydroxyhexahydrocannabinol and 10-hydroxyhexahydrocannabinol;
ester forms of tetrahydrocannabinol, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;
tetrahydrocannabinols with alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, tetrahydrocannabidiol, and tetrahydrocannabutols;
tetrahydrocannabinol acetate;
tetrahydrocannabinol methyl ester;
The amendment to CSSB 1868 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:
Nays: Cook, Eckhardt.
CSSB 1868 as amended was passed to engrossment by the following vote: Yeas 26, Nays 4, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Cook, Eckhardt, Johnson, Zaffirini.
Present-not voting: Miles.
COMMITTEE SUBSTITUTE
SENATE BILL 1868 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 1868 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 4, Present-not voting 1.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Cook, Eckhardt, Johnson, Zaffirini.
Present-not voting: Miles.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 4, Present-not voting 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1349 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSSB 1349 at this time on its second reading:
CSSB 1349, Relating to creating the criminal offenses of transnational repression and unauthorized enforcement of foreign law and to a study and law enforcement training regarding transnational repression.
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 Gutierrez offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1349 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 76, Penal Code, is amended by adding Section 76.047 to read as follows:
Sec. 76.047. FOREIGN STATE MISINFORMATION OPERATIONS. (a) In this section, "agent of a foreign government or foreign terrorist organization" has the meaning assigned by Section 76.045.
(b) A person commits an offense if the person, acting as an agent of a foreign government or foreign terrorist organization and with the intent to influence public opinion, suppress dissent, or intimidate a person engaged in protected conduct, knowingly:
(1) disseminates materially false or misleading information to the public through digital, print, or broadcast media, or by organizing or promoting public demonstrations; or
(2) facilitates, coordinates, or finances the dissemination of such information.
(c) It is an affirmative defense to prosecution under this section that the person reasonably believed the information to be true and took steps to verify its accuracy.
(d) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the conduct targets:
(1) a public official;
(2) an election or electoral process; or
(3) a person based on race, ethnicity, religion, or immigration status.
The amendment to CSSB 1349 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 1349 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.
COMMITTEE SUBSTITUTE
SENATE BILL 1349 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 CSSB 1349 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Cook.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 2037 ON SECOND READING
Senator Sparks moved to suspend the regular order of business to take up for consideration CSSB 2037 at this time on its second reading:
CSSB 2037, Relating to permit application review and contested case procedures for environmental permits involving a project to construct or modify a liquefied natural gas export terminal; authorizing a fee.
The motion prevailed.
Senators Cook and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Sparks offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 2037 (senate committee report) in SECTION 2 of the bill, in added Section 5.559(b), Water Code (page 1, lines 47-50), by striking "shall be deposited to the credit of a special account in the general revenue fund and may be used only for the administration of the expedited permit application established under this subsection" and substituting "is considered part of the application fee and shall be deposited and used in the manner provided for the application fee under Section 5.701".
The amendment to CSSB 2037 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 Johnson offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 2037 (senate committee report) in SECTION 2 of the bill, by striking added Sections 5.559(c) and (d), Water Code (page 1, line 51, through page 2, line 7), substituting the following appropriately lettered subsection, and relettering subsequent subsections accordingly:
(___) In a request for a contested case hearing involving a permit application described by Subsection (a), the party requesting the hearing must specify each reason the party is an affected person as defined by Section 5.115(a).
The amendment to CSSB 2037 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 2037 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: Cook, Miles.
COMMITTEE SUBSTITUTE
SENATE BILL 2037 ON THIRD READING
Senator Sparks moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2037 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1164 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSB 1164 at this time on its second reading:
CSSB 1164, Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hall, Hughes, Middleton.
The bill was read second time.
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1164 (senate committee report) as follows:
(1) In SECTION 9 of the bill, in added Section 574.034(a)(2)(D), Health and Safety Code (page 6, line 42), strike "outpatient" and substitute "inpatient".
(2) In SECTION 10 of the bill, in added Section 574.035(a)(2)(D), Health and Safety Code (page 7, lines 12 and 13), strike "temporary outpatient" and substitute "extended inpatient".
The amendment to CSSB 1164 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 1164 as amended was passed to engrossment by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hall, Hughes, Middleton.
COMMITTEE SUBSTITUTE
SENATE BILL 1164 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 CSSB 1164 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, Eckhardt, Flores, Gutierrez, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hall, Hughes, Middleton.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
(Senator Flores in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 2743 ON SECOND READING
Senator Hagenbuch moved to suspend the regular order of business to take up for consideration CSSB 2743 at this time on its second reading:
CSSB 2743, Relating to the prosecution of certain election offenses.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, Nichols, West, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 19, Nays 12. (Same as previous roll call)
SENATE BILL 1299 ON SECOND READING
Senator Campbell moved to suspend the regular order of business to take up for consideration SB 1299 at this time on its second reading:
SB 1299, Relating to the prohibited release by a public agency of personal affiliation information regarding the members, supporters, or volunteers of or donors to certain nonprofit organizations; creating a criminal offense.
The motion prevailed.
Senators Eckhardt and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays: Eckhardt, Miles.
SENATE BILL 1299 ON THIRD READING
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 1299 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Eckhardt, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
SENATE BILL 2349 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 2349 at this time on its second reading:
SB 2349, Relating to notice requirements for a leased dwelling located in a floodplain.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 2349 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 2349 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2788 ON SECOND READING
On motion of Senator Menéndez and by unanimous consent, the regular order of business was suspended to take up for consideration SB 2788 at this time on its second reading:
SB 2788, Relating to an exemption from the assessment requirements of the Texas Success Initiative for students who achieve certain scores on the PSAT.
The bill was read second time.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 2788 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, in amended Section 51.338(b), Education Code (page 1, line 28), between "PSAT," and "SAT" insert "PreACT,".
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 51.331(b), Education Code, is amended by adding Subdivision (3) to read as follows:
(3) "Student" means a student who enrolls at an institution of higher education in a course or program of study leading to a certificate, degree, or other undergraduate credential or a dual credit course.
(3) In SECTION 2 of the bill, in the nonamendatory language (page 1, line 34), strike "2026" and substitute "2025".
(4) Strike SECTION 3 of the bill (page 1, line 39), and substitute the following appropriately numbered SECTION:
SECTION ____. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
The amendment to SB 2788 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 2788 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEE SUBSTITUTE
SENATE BILL 2788 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 2788 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
SENATE BILL 843 ON SECOND READING
Senator Kolkhorst moved to suspend the regular order of business to take up for consideration CSSB 843 at this time on its second reading:
CSSB 843, Relating to a Texas Education Agency database of school district bonds, taxes, and bond-related projects.
The motion prevailed.
Senator Hall asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Kolkhorst offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 843 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. The Texas Education Agency is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the agency may, but is not required to, implement a provision of this Act using other money available for that purpose.
The amendment to CSSB 843 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 Bettencourt offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 843 (senate committee report) in SECTION 1 of the bill as follows:
(1) In added Section 45.114(a), Education Code (page 1, between lines 30 and 31), insert the following appropriately numbered subdivision and renumber subsequent subdivisions of that subsection accordingly:
( ) "Charter district" means an open-enrollment charter school designated as a charter district under Section 12.135.
(2) In added Section 45.114(b), Education Code (page 1, line 36), between "district" and "bonds", insert "or open-enrollment charter school, including charter district,".
(3) In added Section 45.114(b), Education Code (page 1, between lines 56 and 57), insert the following appropriately numbered subdivision and renumber subsequent subdivisions of that subsection and cross-references to those subdivisions accordingly:
( ) for each bond issued for an open-enrollment charter school, including a charter district:
(A) a list of the projects to be funded using the bond; and
(B) an accounting of the use of the proceeds of any issued bond, including descriptions of any projects paid for with the proceeds;
(4) In added Section 45.114(b)(4), Education Code (page 2, line 8), strike "and (2) for each school district" and substitute ", (2), and (3), as applicable, for each school district and open-enrollment charter school, including a charter district".
(5) In added Section 45.114(c), Education Code (page 2, line 12), between "district" and "shall", insert "or open-enrollment charter school, including a charter district,".
WEST
BETTENCOURT
The amendment to CSSB 843 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:
Nays: Miles.
CSSB 843 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: Hall.
COMMITTEE SUBSTITUTE
SENATE BILL 843 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 CSSB 843 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Hall.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
SENATE BILL 1832 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration SB 1832 at this time on its second reading:
SB 1832, Relating to providing for an election by the parent of a student who was victimized by a public school employee to transfer the student to another public school campus or receive funding for the student to attend private school.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, Nichols, West, Zaffirini.
The bill was read second time and was passed to engrossment by the following vote: Yeas 19, Nays 12. (Same as previous roll call)
(President in Chair)
COMMITTEE SUBSTITUTE
SENATE BILL 39 ON SECOND READING
Senator Birdwell moved to suspend the regular order of business to take up for consideration CSSB 39 at this time on its second reading:
CSSB 39, Relating to civil liability of a commercial motor vehicle owner or operator.
The motion prevailed 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.
The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
SENATE BILL 1183 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration SB 1183 at this time on its second reading:
SB 1183, Relating to electronic benefits transfer cards used by or for recipients of benefits under certain assistance programs.
The motion prevailed 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.
The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
COMMITTEE SUBSTITUTE
SENATE BILL 1717 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 1717 at this time on its second reading:
CSSB 1717, Relating to the terminology used in statute, resolutions, rules, and other state publications to refer to the partially landlocked body of water on the southeastern periphery of the North American continent.
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)
SENATE CONCURRENT RESOLUTION 38
ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration SCR 38 at this time on its second reading:
SCR 38, Recognizing the strategic importance of the Gulf of America to the economic and security interests of Texas and the United States.
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, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Menéndez, Miles, West, Zaffirini.
The resolution was read second time and was adopted by the following vote: Yeas 22, Nays 9. (Same as previous roll call)
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Hughes and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on State Affairs might meet upon adjournment today in the Betty King Committee Room, 2E.20.
ADJOURNMENT
On motion of Senator Zaffirini, the Senate at 1:22 p.m. adjourned, in memory of Marie Flickinger, until 1:32 p.m. today.
In Memory
of
Marie Flickinger
Senate Resolution 428
WHEREAS, Residents of southeast Houston lost a beloved community activist and civic leader with the passing of Marie Flickinger on November 11, 2024, at the age of 82; and
WHEREAS, Born in Council Bluffs, Iowa, on September 1, 1942, to Alexander and Mary Spence, the former Marie Spence grew up with the companionship of two siblings, Morris and Alexis; after graduating from high school, she exchanged wedding vows with David Flickinger in 1962, and the pair went on to share in the joy of raising two sons, Fred and David; her family later grew to include three granddaughters, Kimberly, Courtney, and Natalie, as well as seven great-grandchildren, Abigail, Jackson, Penelope, Kelvin, Noah, Elliana, and Isabella; and
WHEREAS, Mrs. Flickinger and her husband resided in Minnesota before relocating to the Houston area, where they eventually settled in the Sagemont subdivision; in addition to being a homemaker, she found her way into the journalism field when she was recruited by an editor for the Friendswood News; after gaining experience reporting on issues in the South Belt/Ellington community and Pasadena ISD, she joined a friend, Bobby Griffin, in co-founding the South Belt-Ellington Leader, and she served the weekly newspaper as publisher until her passing; and
WHEREAS, Through the years, Mrs. Flickinger developed a reputation as a tireless advocate for her community, earning the moniker "the mayor of South Belt"; although she covered hundreds of news stories throughout her career, she was perhaps best known for a series of investigative articles that exposed the dumping of toxic waste at the Brio Superfund site in the 1980s, and her central role in uncovering the scale of contamination in its neighboring subdivision led to her being tapped to serve as the Environmental Protection Agency's community liaison for the site; for many years, she was also integral in securing infrastructure improvements to mitigate flooding, including the construction of the South Belt Stormwater Detention Basin; and
WHEREAS, During the 1990s, Mrs. Flickinger had the distinction of being the first woman to be elected to the San Jacinto College Board of Trustees, where she served for nearly 30 years before recently retiring as its chair; among her many achievements, she was a founding member and inaugural president of the South Belt-Ellington Chamber of Commerce, and she oversaw the introduction of an Early College High School program in Pasadena ISD, for which the district named her its Distinguished Citizen of the Year in 2015; moreover, she was known for organizing community events such as the annual Fourth of July parade and Christmas drive for the needy, and she demonstrated her strong Catholic faith as a parishioner at St. Frances Cabrini Catholic Church and later as one of the founding members of St. Luke the Evangelist Catholic Church; and
WHEREAS, Mrs. Flickinger was inducted into the Hall of Honor at Dobie High School in 2015 and received the M. Dale Ensign Trustee Leadership Award from the Association of Community College Trustees in 2013; she was also recognized by Governor Greg Abbott with the Governor's Volunteer Award for her role in coordinating emergency relief efforts during Hurricane Harvey; and
WHEREAS, Through her widespread civic contributions, Marie Flickinger had a profound and positive impact on her community, and those she leaves behind will continue to find inspiration in their memories of this extraordinary woman; now, therefore, be it
RESOLVED, That the Senate of the 89th Texas Legislature hereby pay tribute to the life of Marie Flickinger and extend deepest sympathy to the members of her family: to her husband, David Flickinger; to her sons, Fred Flickinger and his wife, Leslie, and David Flickinger and his wife, Ellie; to her granddaughters, Kimberly Lipina and her husband, Matthew, Courtney Durham, and Natalie Abarca and her husband, Jose; to her great-grandchildren, Abigail, Jackson, and Penelope Durham, Kelvin Lopez, Noah and Elliana Abarca, and Isabella Delgado and her husband, Sebastian; to her siblings, Morris Spence and Alexis Lochner; and to her other relatives and friends; and, be it further
RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas Senate adjourns this day, it do so in memory of Marie Flickinger.
BIRDWELL
A. HINOJOSA
PAXTON
CAMPBELL
HUFFMAN
SCHWERTNER