FORTY-THIRD DAY
(Continued)
(Thursday, May 22, 2025)
AFTER RECESS
The Senate met at 11:35 a.m. and was called to order by Senator Flores.
Pastor Don Duncan, Tree of Life Church, New Braunfels, offered the invocation as follows:
Dear heavenly Father, thank You for this day and thank You for another opportunity to gather to make a difference in the lives of the people in this great State of Texas. I pray for each representative that has been charged with the responsibility of helping lead this state. May they do so with integrity, compassion, and sacrifice. Each one has been given by You gifts, abilities, experiences that help them fulfill their sacred office. Give them wisdom beyond their natural knowledge and understanding. Give them courage to stand for what is right even if they are the only one. Give them a conviction that they are here not to serve their own interest but the interests of the people of Texas. Father, I ask that You help them lead this state well. Help them make decisions that will bring protection and prosperity, respect and dignity, cooperation and unity. Help them to steward people and resources with compassion, creativity, and innovation so we all may live a more blessed life. May they also find joy in serving. There is so much stress, so much pressure, so much sacrifice in serving this state at this level. So, strengthen them, encourage them, help them find all they need in You. Give them not only peace but may they also find rest. And as these dedicated men and women who are charged with the incredible responsibility of leading all of us in this great state, lead us forward today and into our tomorrows, may they remember You are always there. It is You, God, who goes before us, making a way where there seems to be no way. May God bless each and every one. May God bless these United States of America. And may God bless Texas. In Jesus' name. Amen.
GUESTS PRESENTED
Senator Campbell was recognized and introduced to the Senate Tree of Life Church Pastors Don Duncan, Jessamy Duncan, and Eric Gonzalez, accompanied by San Juanita Gonzalez.
The Senate welcomed its guests.
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The Presiding Officer 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.
BILLS AND RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
SB 60, SB 231, SB 523, SB 565, SB 627, SB 670, SB 706, SB 739, SB 764, SB 896, SB 917, SB 963, SB 971, SB 991, SB 1184, SB 1220, SB 1252, SB 1255, SB 1261, SB 1283, SB 1371, SB 1383, SB 1455, SB 1728, SB 1733, SB 1762, SB 1804, SB 1814, SB 1816, SB 1883, SB 1952, SB 1968, SB 2068, SB 2185, SB 2383, SJR 2, SJR 85.
HB 694, HB 923, HB 1875, HB 1893, HB 2071, HB 2513, HB 2522, HB 2788, HB 3033, HB 3211, HB 3376, HB 3751, HB 3810, HB 4219, HB 4506, HB 4529, HB 4643, HB 4753, HB 5424, HCR 90, HCR 98.
PHYSICIAN OF THE DAY
Senator Huffman was recognized and presented Dr. Jorge Duchicela of Weimar as the Physician of the Day.
The Senate welcomed Dr. Duchicela, accompanied by Drs. Kelly Georgestone and Ethon Blythe, and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTIONS
The following resolutions were offered:
SR 555 by Zaffirini, Recognizing May of 2025 as ALS Awareness Month.
SR 556 by Kolkhorst, Recognizing the Randle High School football team for winning a State Championship.
The resolutions were read and were adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of the resolutions.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Thursday, May 22, 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 the authority of the Cow Creek Groundwater Conservation District to regulate certain wells.
Relating to the composition of the juvenile board of Grayson County.
Relating to the creation of the Fort Bend County Water Control and Improvement District No. 13; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the name and powers of the Sabine Pass Port Authority; altering the terms of the authority's port commission; altering the authority to issue bonds.
Relating to the powers and duties and validating certain acts and proceedings of the Cole Ranch Improvement District No. 1 of Denton County, Texas.
Relating to the powers and duties and validating certain acts and proceedings of the Hunter Ranch Improvement District No. 1 of Denton County, Texas.
SB 647
West
Sponsor: Anchía
Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.
(Committee Substitute)
SB 648
West
Sponsor: Anchía
Relating to recording requirements for certain instruments concerning real property.
(Committee Substitute)
SB 1493
Parker
Sponsor: Patterson
Relating to lighting equipment requirements for motor vehicles.
SB 1709
Hinojosa, Adam
Sponsor: Raymond
Relating to the designation of a portion of Farm to Market Road 70 in Nueces County as the Los Robles Trail.
(Committee Substitute)
SB 2001
King
Sponsor: Craddick
Relating to the registration of vehicles, the issuance of disabled parking placards, and certain benefits associated with that registration or issuance for certain peace officers with disabilities; authorizing a fee.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
SENATE RESOLUTION 530
Senator Paxton offered the following resolution:
SR 530, In memory of Gerald Todd Wimpee.
The resolution was read.
On motion of Senator Menéndez and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator Paxton, the resolution was adopted by a rising vote of the Senate.
In honor of the memory of Gerald Todd Wimpee, the text of SR 530 will be printed in the Senate Journal upon adjournment of this legislative day.
Senator Paxton was recognized and introduced to the Senate family members of Gerald Todd Wimpee including his brother, Brad Wimpee, and Kathy Ward.
The Senate welcomed its guests and extended its sympathy.
SENATE RESOLUTION 552
Senator Hughes offered the following resolution:
WHEREAS, Soules Food in Tyler celebrated its 50th anniversary in April 2025; and
WHEREAS, The business was founded in 1975 as Country Jim's Meats by partners John Soules Sr., J. O. Thompson, and L. F. Thompson, and it initially produced raw ground beef patties and cutlets that were delivered directly to stores and customers; after a decade, John Soules Sr. purchased the company's controlling shares and renamed it John Soules Foods; he brought on Mark Soules as its first and only salesman two years later, and the enterprise soon expanded its frozen offerings to include fajitas; it continued to see a number of significant developments throughout the 1990s, including the introduction of fully cooked meats, and by 2000, it had begun to stock its products in grocery stores across the country; and
WHEREAS, John Soules Foods had gone on to become the nation's top seller of cooked fajitas by 2004, the same year that its annual sales grew to surpass $100 million; in 2010, Mark Soules and John Soules Jr. took the mantle of co-chief executive officers, and John Soules Sr. assumed the role of chair of the board; four years later, the company acquired ProView Foods in Gainesville, Georgia, and it won the Value-Added Products Marketer of the Year and the Top Processor Sales Volume Increase awards from Certified Angus Beef; as the business continued to expand, it added a production facility in Valley, Alabama, in 2021; and
WHEREAS, Today, the company remains the country's top producer of beef and chicken fajitas, and its products are delivered to retail locations, food service distributors, restaurants, and school nutrition programs nationwide; moreover, its 50th anniversary marked its transition to being called Soules Food, reflecting its new identity as it moves into the future; and
WHEREAS, For half a century, Soules Food has contributed to the economic prosperity of the East Texas area and beyond, and the foundation of good corporate citizenship on which it is built will help to ensure its existence well into the future; now, therefore, be it
RESOLVED, That the Senate of the 89th Texas Legislature hereby commemorate the 50th anniversary of Soules Food and extend to the company's leadership and staff sincere best wishes for continued success; and, be it further
RESOLVED, That an official copy of this resolution be prepared for Soules Food as an expression of high regard by the Texas Senate.
SR 552 was read.
On motion of Senator Kolkhorst and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator Hughes, the resolution was adopted without objection.
GUESTS PRESENTED
Senator Hughes was recognized and introduced to the Senate a John Soules Foods, Incorporated, delegation including John Soules, John Soules Jr., Mark Soules, Mario Beltran, Shauna Bright, Mary Payton Soules, Laila Soules, Carren Soules, Claire Brown, Grant Soules, and Jack Soules.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Miles, joined by Senator West, was recognized and introduced to the Senate a Texas Africa Chamber of Commerce delegation.
The Senate welcomed its guests.
(Senator King in Chair)
GUESTS PRESENTED
Senator Miles, joined by Senators Alvarado, Cook, and Bettencourt, was recognized and introduced to the Senate the 2025 University of Houston Hobby School of Public Affairs Fellows including Senate Fellows Ferah Odili, Milan Sam, Alexander Westerbeck, and Mohammad Nobani, and House Fellows Alexis Boehmer, Erick Garcia, Gabriela Hamdieh, Juliana Hernandez, Zain Memon, Benjamin Rizk, Eduardo Sanchez, and Cullen Watkins.
The Senate welcomed its guests.
(Senator Flores in Chair)
HOUSE BILL 2467 ON SECOND READING
Senator Hall moved to suspend the regular order of business to take up for consideration HB 2467 at this time on its second reading:
HB 2467, Relating to the compensation and benefits for certain peace officers commissioned by the state fire marshal.
The motion prevailed.
Senator Nichols 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 third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Nichols.
HOUSE BILL 2467 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 HB 2467 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Nichols.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 1734 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1734 at this time on its second reading:
HB 1734, Relating to the transfer of court files in a suit affecting the parent-child relationship in which continuing, exclusive jurisdiction is transferred.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1734 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 HB 1734 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 5534 ON SECOND READING
On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration HB 5534 at this time on its second reading:
HB 5534, Relating to the electronic posting of notices and agendas for meetings of the commissioners court of a county.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 5534 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 HB 5534 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2286 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2286 at this time on its second reading:
HB 2286, Relating to the renewal of a certificate of registration by certain interior designers.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2286 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 HB 2286 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
HOUSE BILL 2495 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2495 at this time on its second reading:
CSHB 2495, Relating to certain rights of a child or a parent or the sole managing conservator of a child in relation to the child's enrollment in school.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 2495 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 CSHB 2495 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2765 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration HB 2765 at this time on its second reading:
HB 2765, Relating to the Rural Economic Development and Investment Program and the Texas economic development fund.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Bettencourt, Hagenbuch, Hughes, Middleton, Parker, Schwertner.
The bill was read second time and was passed to third reading by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
HOUSE BILL 2765 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 HB 2765 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Bettencourt, Hagenbuch, Hughes, Middleton, Parker, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6. (Same as previous roll call)
HOUSE BILL 3146 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3146 at this time on its second reading:
HB 3146, Relating to certain hearings conducted by the State Office of Administrative Hearings.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3146 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 HB 3146 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 3800 ON SECOND READING
Senator Sparks moved to suspend the regular order of business to take up for consideration HB 3800 at this time on its second reading:
HB 3800, Relating to an advisory board established to develop a resource guide that facilitates collaboration in identifying and addressing local health care workforce needs.
The motion prevailed.
Senator Middleton 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 third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Middleton.
HOUSE BILL 3800 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 HB 3800 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Middleton.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
HOUSE BILL 2564 ON SECOND READING
On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2564 at this time on its second reading:
HB 2564, Relating to the evaluation of Defense Economic Adjustment Assistance Grant applications.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2564 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2564 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
HOUSE BILL 4341 ON SECOND READING
On motion of Senator King and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 4341 at this time on its second reading:
CSHB 4341, Relating to critical infrastructure facility emergency response maps and the critical infrastructure emergency response map grant program.
The bill was read second time.
Senator King offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 4341 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 424.151(1), Government Code (page 1, lines 25 and 26), strike "criminal justice division in the governor's office established under Section 772.006" and substitute "Texas Division of Emergency Management".
(2) In SECTION 2 of the bill, in the transition language (page 3, lines 3 and 4), strike "criminal justice division in the office of the governor", and substitute "Texas Division of Emergency Management".
The amendment to CSHB 4341 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSHB 4341 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 4341 ON THIRD READING
Senator King moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 4341 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 5057 ON SECOND READING
Senator Nichols moved to suspend the regular order of business to take up for consideration HB 5057 at this time on its second reading:
HB 5057, Relating to exclusive contracts for municipal solid waste management services.
The motion prevailed.
Senators Hagenbuch 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 third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hagenbuch, Miles.
HOUSE BILL 5057 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 HB 5057 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, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
RECESS
On motion of Senator Zaffirini, the Senate at 1:45 p.m. recessed until 2:15 p.m. today.
AFTER RECESS
The Senate met at 2:40 p.m. and was called to order by Senator Birdwell.
HOUSE BILL 2529 ON SECOND READING
On motion of Senator Huffman and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2529 at this time on its second reading:
HB 2529, Relating to the annual state salary supplement for certain county judges.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2529 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 HB 2529 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2468 ON SECOND READING
On motion of Senator Parker and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2468 at this time on its second reading:
HB 2468, Relating to the right of a purchaser to terminate a contract of purchase and sale of real property for failure to provide notice that the property is located in a public improvement district.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2468 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 HB 2468 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 RULE 5.14(a) SUSPENDED
(Intent Calendar)
(Motion In Writing)
Senator Zaffirini submitted the following Motion In Writing:
Mr. President:
I move suspension of Senate Rule 5.14, the Intent Calendar Rule, in order to move the Intent Calendar deadline to 5:00 p.m. today.
ZAFFIRINI
The Motion In Writing was read and prevailed without objection.
HOUSE BILL 581 ON SECOND READING
On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration HB 581 at this time on its second reading:
HB 581, Relating to the creation of artificial sexual material harmful to minors.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 581 (senate committee printing) as follows:
(1) In SECTION 4 of the bill, amending Section 129B.002, Civil Practice and Remedies Code (page 1, line 47), in the recital, strike "Subsection (a-1)" and substitute "Subsections (a-1) and (a-2)".
(2) In SECTION 4 of the bill, in added Section 129B.002(a-1), Civil Practice and Remedies Code (page 1, line 49), strike "A" and substitute "Except as provided by Subsection (a-2), a".
(3) In SECTION 4 of the bill, immediately after added Section 129B.002(a-1), Civil Practice and Remedies Code (page 1, between lines 55 and 56), insert the following:
(a-2) Subsection (a-1) does not apply to a commercial entity that:
(1) includes a prohibition against the generation of artificial sexual material harmful to minors in the entity's terms and conditions or use policies that must be acknowledged before a user is granted access; and
(2) takes affirmative steps to limit the creation of artificial sexual material harmful to minors through technological tools such as training an application or software creating artificial images to identify likely sexual material, providing effective reporting tools, filtering likely sexual material, filtering sexually explicit content generated by artificial intelligence before the material is shown to users, or filtering sexually explicit images from the entity's artificial intelligence dataset before the dataset is used to train the artificial intelligence.
(4) In SECTION 6 of the bill, in added Section 129B.0045, Civil Practice and Remedies Code (page 2, line 16), strike "A" and substitute "(a) Except as provided by Subsection (b), a".
(5) In SECTION 6 of the bill, immediately after added Section 129B.0045, Civil Practice and Remedies Code (page 2, between lines 24 and 25), insert the following:
(b) This section does not apply to a commercial entity described by Section 129B.002(a-2).
(6) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 129B.005(b), Civil Practice and Remedies Code, is amended to read as follows:
(b) An Internet service provider, or its affiliates or subsidiaries, a search engine, or a cloud service provider may not be held to have violated this chapter solely for providing access or connection to or from a website or other information or content on the Internet or on a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, access software, or other services to the extent the provider or search engine is not responsible for the creation of the content that constitutes sexual material harmful to minors or artificial sexual material harmful to minors.
The amendment to HB 581 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
HB 581 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 581 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 HB 581 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2898 ON SECOND READING
On motion of Senator Hagenbuch and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2898 at this time on its second reading:
HB 2898, Relating to requirements for certain meteorological evaluation towers.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2898 ON THIRD READING
Senator Hagenbuch moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2898 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 4490 ON SECOND READING
On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4490 at this time on its second reading:
HB 4490, Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 4490 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4490 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2715 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration HB 2715 at this time on its second reading:
HB 2715, Relating to the removal from office of certain officers of political subdivisions.
The motion prevailed by the following vote: Yeas 21, Nays 10.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
The bill was read second time and was passed to third reading by the following vote: Yeas 21, Nays 10. (Same as previous roll call)
HOUSE BILL 5323 ON SECOND READING
Senator Hancock moved to suspend the regular order of business to take up for consideration HB 5323 at this time on its second reading:
HB 5323, Relating to the creation of the Texas Energy Waste Advisory Committee.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hagenbuch, Hughes, Middleton, Sparks.
The bill was read second time.
Senator Hancock offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 5323 (senate committee printing) in SECTION 1 of the bill as follows:
(1) In added Section 18.003, Utilities Code (page 1, line 37), strike "seven" and substitute "eight".
(2) Add the following appropriately numbered subdivision to added Section 18.003, Utilities Code, and renumber subsequent subdivisions accordingly:
(__) the executive director of the Texas Facilities Commission;
(3) Add the following appropriately numbered subdivision to added Section 18.004, Utilities Code, and renumber subsequent subdivisions accordingly:
(___) the Texas Facilities Commission;
(4) In added Section 18.007, Utilities Code (page 2, line 25), strike "September" and substitute "December".
The amendment to HB 5323 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
HB 5323 as amended was passed to third reading by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hagenbuch, Hughes, Middleton, Sparks.
HOUSE BILL 5323 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 HB 5323 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, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hagenbuch, Hughes, Middleton, Sparks.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 4386 ON SECOND READING
On motion of Senator Parker and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 4386 at this time on its second reading:
CSHB 4386, Relating to the exchange or surrender of an annuity contract.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 4386 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 CSHB 4386 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
HOUSE BILL 3348 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration CSHB 3348 at this time on its second reading:
CSHB 3348, Relating to the creation and operations of a health care provider participation program in certain counties.
The motion prevailed.
Senators Hughes and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Paxton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 3348 (senate committee report) in SECTION 1 of the bill, in added Section 292E.151(e), Health and Safety Code (page 4, lines 30 through 32), by striking "$150,000, plus the cost of collateralization of deposits, regardless of actual expenses." and substituting the following:
the following amounts, plus the collateralization of deposits, regardless of the actual expenses:
(1) for a county described by Section 292E.002(2)(A), $20,000;
(2) for a county described by Section 292E.002(2)(B), $150,000; or
(3) for a county described by Section 292E.002(2)(C), $300,000.
The amendment to CSHB 3348 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 3348 (senate committee report) as follows:
(1) Strike SECTION 3 of the bill, providing an effective date (page 5, line 36).
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subtitle D, Title 4, Health and Safety Code, is amended by adding Chapter 300C to read as follows:
CHAPTER 300C. HEALTH CARE PROVIDER PARTICIPATION DISTRICTS CREATED BY CERTAIN LOCAL GOVERNMENTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 300C.0001. PURPOSE. The purpose of this chapter is to authorize a health care provider participation district created by certain local governments to administer a health care provider participation program to provide additional compensation to certain hospitals in the district by collecting mandatory payments from each of those hospitals in the district to be used to provide the nonfederal share of a Medicaid supplemental payment program and for other purposes as authorized under this chapter.
Sec. 300C.0002. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of a district.
(2) "Director" means a member of the board.
(3) "District" means a health care provider participation district created under Chapter 300A and operating under this chapter.
(4) "Institutional health care provider" means a nonpublic hospital that provides inpatient hospital services.
(5) "Local government" means a hospital district, county, or municipality to which this chapter applies.
(6) "Paying hospital" means an institutional health care provider required to make a mandatory payment under this chapter.
(7) "Program" means a health care provider participation program authorized by this chapter.
Sec. 300C.0003. APPLICABILITY. This chapter applies only to a local government that jointly created a health care provider participation district by concurrent order under Chapter 300A and is:
(1) a county with a population of more than 80,000 and less than 90,000 that borders the Trinity River;
(2) a county with a population of more than 45,000 and less than 55,000 that borders Oklahoma; or
(3) a hospital district located in a county that has a population of more than 30,000 and contains a portion of Jim Chapman Lake.
SUBCHAPTER B. OPERATION AND DISSOLUTION OF DISTRICT
Sec. 300C.0021. OPERATION. (a) A health care provider participation district created under Chapter 300A may operate under and be governed by the provisions of this chapter instead of Chapter 300A if:
(1) each local government that jointly created the district adopts a concurrent order authorizing the district to operate under and be governed by the provisions of this chapter; and
(2) the district's board ratifies the concurrent order adopted by each participating local government.
(b) A concurrent order authorizing a district to operate under this chapter must:
(1) be approved by the governing body of each participating local government;
(2) contain provisions that are identical to the provisions of the concurrent order adopted by each other participating local government;
(3) affirm that the district's territory is the area contained within the boundaries of each participating local government; and
(4) provide that the district begins to operate under this chapter immediately on the expiration of the district's authority to administer and operate a program under Chapter 300A.
Sec. 300C.0022. POWERS. (a) A district may authorize and administer a health care provider participation program in accordance with this chapter.
(b) Notwithstanding Section 300A.0155, a district that complies with the provisions of this chapter may administer and operate a health care provider participation program under this chapter after its authority to administer and operate a program under Chapter 300A has expired.
Sec. 300C.0023. BOARD OF DIRECTORS. (a) If three or more local governments adopt concurrent orders authorizing a health care provider participation district to operate under this chapter, the presiding officer of the governing body of each local government that created the district shall appoint one director.
(b) If two local governments adopt concurrent orders described by Subsection (a):
(1) the presiding officer of the governing body of the most populous local government shall appoint two directors; and
(2) the presiding officer of the governing body of the local government not described by Subdivision (1) shall appoint one director.
(c) Directors serve staggered two-year terms, with as near as possible to one-half of the directors' terms expiring each year.
(d) A vacancy in the office of director shall be filled for the unexpired term in the same manner as the original appointment.
(e) The board shall elect from among its members a president and a vice president.
(f) The president may vote and may cast an additional vote to break a tie.
(g) The board shall appoint a secretary, who need not be a director.
(h) Each officer of the board serves for a term of one year.
(i) The board shall fill a vacancy in a board office for the unexpired term.
(j) A majority of the members of the board voting must concur in a matter relating to the business of the district.
Sec. 300C.0024. QUALIFICATIONS FOR OFFICE. (a) To be eligible to serve as a director, a person must be a resident of the local government that appoints the person.
(b) An employee of the district may not serve as a director.
Sec. 300C.0025. COMPENSATION. (a) Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties.
(b) Expenses reimbursed under this section must be:
(1) reported in the district's minute book or other district records; and
(2) approved by the board.
Sec. 300C.0026. AUTHORITY TO SUE AND BE SUED. The board may sue and be sued on behalf of the district.
Sec. 300C.0027. DISTRICT FINANCES. (a) Except as otherwise provided by this section, Subchapter F, Chapter 287, applies to a district in the same manner that the provisions of that subchapter apply to a health services district created under Chapter 287.
(b) Sections 287.129 and 287.130 do not apply to a district.
(c) This section does not authorize a district to issue bonds.
Sec. 300C.0028. DISSOLUTION. A district shall be dissolved if the local governments that created the district adopt concurrent orders to dissolve the district and the concurrent orders contain identical provisions.
Sec. 300C.0029. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS AFTER DISSOLUTION. (a) After dissolution of a district under Section 300C.0028, the board shall continue to control and administer any property, debts, and assets of the district until all of the district's property and assets have been disposed of and all of the district's debts have been paid or settled.
(b) As soon as practicable after the dissolution of the district, the board shall transfer to each institutional health care provider in the district the provider's proportionate share of any remaining money in any local provider participation fund created by the district.
(c) If, after administering the district's property and assets, the board determines that the property and assets are insufficient to pay the debts of the district, the district shall transfer the remaining debts to the local governments that created the district in proportion to the money contributed to the district by each local government, including a paying hospital in the local government.
(d) If, after complying with Subsections (b) and (c) and administering the district's property and assets, the board determines that unused money remains, the board shall transfer the unused money to the local governments that created the district in proportion to the money contributed to the district by each local government, including a paying hospital in the local government.
Sec. 300C.0030. ACCOUNTING AFTER DISSOLUTION. After the district has paid or settled all its debts and has disposed of all its property and assets, including money, as prescribed by Section 300C.0029, the board shall provide an accounting to each local government that created the district. The accounting must show the manner in which the property, assets, and debts of the district were distributed.
SUBCHAPTER C. HEALTH CARE PROVIDER PARTICIPATION PROGRAM; POWERS AND DUTIES OF DISTRICT BOARD
Sec. 300C.0051. HEALTH CARE PROVIDER PARTICIPATION PROGRAM. The board of a district may authorize the district to participate in a health care provider participation program on the affirmative vote of a majority of the board, subject to the provisions of this chapter.
Sec. 300C.0052. LIMITATION ON AUTHORITY OF BOARD TO REQUIRE MANDATORY PAYMENT. (a) The board may require a mandatory payment authorized under this chapter by an institutional health care provider in the district only in the manner provided by this chapter.
(b) The board may not require a mandatory payment under this chapter during a period for which the board requires a mandatory payment under Chapter 300A.
Sec. 300C.0053. RULES AND PROCEDURES. The board may adopt rules relating to the administration of the health care provider participation program in the district, including collection of the mandatory payments, expenditures, audits, and any other administrative aspects of the program.
Sec. 300C.0054. INSTITUTIONAL HEALTH CARE PROVIDER REPORTING. (a) If the board authorizes the district to participate in a health care provider participation program under this chapter, the board shall require each institutional health care provider located in the district to submit to the district a copy of any financial and utilization data required by and reported to the Department of State Health Services under Sections 311.032 and 311.033 and any rules adopted by the executive commissioner of the Health and Human Services Commission to implement those sections.
(b) The board may inspect the records of an institutional health care provider in the district to the extent necessary to ensure compliance with the requirements of Subsection (a).
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 300C.0101. HEARING. (a) In each year that the board authorizes a health care provider participation program under this chapter, the board shall hold a public hearing on the amounts of any mandatory payments that the board intends to require during the year and how the revenue derived from those payments is to be spent.
(b) Not later than the fifth day before the date of the hearing required under Subsection (a), the board shall publish notice of the hearing in a newspaper of general circulation in each local government that created the district and provide written notice of the hearing to the chief operating officer of each institutional health care provider in the district.
(c) A representative of a paying hospital is entitled to appear at the public hearing and be heard regarding any matter related to the mandatory payments authorized under this chapter.
Sec. 300C.0102. LOCAL PROVIDER PARTICIPATION FUND; DEPOSITORY. (a) The board shall deposit all mandatory payments received by a district in the local provider participation fund created by the district under Chapter 300A.
(b) The board may designate one or more banks as the depository for the district's local provider participation fund.
(c) The board may withdraw or use money in the district's local provider participation fund only for a purpose authorized under this chapter.
(d) All funds collected under this chapter shall be secured in the manner provided for securing other funds of the local governments that created the district.
Sec. 300C.0103. DEPOSITS TO FUND; AUTHORIZED USES OF MONEY. (a) The local provider participation fund described by Section 300C.0102 consists of:
(1) all revenue received by the district attributable to mandatory payments authorized under this chapter, including any penalties and interest attributable to delinquent payments;
(2) money received from the Health and Human Services Commission as a refund of an intergovernmental transfer described by Subsection (b)(1), provided that the intergovernmental transfer does not receive a federal matching payment;
(3) money received by the district and deposited to the fund in accordance with Chapter 300A that remains in the fund on the date the district begins to operate under this chapter; and
(4) the earnings of the fund.
(b) Money deposited to the local provider participation fund may be used only to:
(1) fund intergovernmental transfers from the district to the state to provide the nonfederal share of Medicaid payments for:
(A) uncompensated care payments to nonpublic hospitals, if those payments are authorized under the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), or a successor waiver program authorizing similar Medicaid supplemental payment programs;
(B) uniform rate enhancements for nonpublic hospitals in the Medicaid managed care service area in which the district is located;
(C) payments available under another waiver program authorizing payments that are substantially similar to Medicaid payments to nonpublic hospitals described by Paragraph (A) or (B); or
(D) any reimbursement to nonpublic hospitals, or that may benefit nonpublic hospitals as determined by the board, for which federal matching funds are available;
(2) subject to Section 300C.0151(d), pay the administrative expenses of the district in administering the program, including collateralization of deposits;
(3) refund all or a portion of a mandatory payment collected in error from a paying hospital, regardless of whether the payment was collected under this chapter or Chapter 300A; and
(4) refund to paying hospitals a proportionate share of the money that the district:
(A) receives from the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid supplemental payment program payments; or
(B) determines cannot be used to fund the nonfederal share of Medicaid supplemental payment program payments.
(c) Money in the local provider participation fund may not be commingled with other district money or other money of a local government that created the district.
(d) Notwithstanding any other provision of this chapter, with respect to an intergovernmental transfer of funds described by Subsection (b)(1) made by the district, any funds received by the state, district, or other entity as a result of the transfer may not be used by the state, district, or any other entity to expand Medicaid eligibility under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152).
Sec. 300C.0104. ACCOUNTING. The district shall maintain an accounting of the money received from each local government that created the district, including a paying hospital located in a hospital district, county, or municipality that created the district, as applicable.
SUBCHAPTER E. MANDATORY PAYMENTS
Sec. 300C.0151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if the board authorizes a health care provider participation program under this chapter, the district shall require an annual mandatory payment to be assessed on the net patient revenue of each institutional health care provider located in the district. The board shall provide that the mandatory payment is to be assessed at least annually, but not more often than quarterly. In the first year in which the mandatory payment is required, the mandatory payment is assessed on the net patient revenue of an institutional health care provider located in the district as determined by the data reported to the Department of State Health Services under Sections 311.032 and 311.033 in the most recent fiscal year for which that data was reported. If the institutional health care provider did not report any data under those sections, the provider's net patient revenue is the amount of that revenue as contained in the provider's Medicare cost report submitted for the previous fiscal year or for the closest subsequent fiscal year for which the provider submitted the Medicare cost report. The district shall update the amount of the mandatory payment on an annual basis.
(b) The amount of a mandatory payment authorized under this chapter must be uniformly proportionate with the amount of net patient revenue generated by each paying hospital in the district. A health care provider participation program authorized under this chapter may not hold harmless any institutional health care provider, as required under 42 U.S.C. Section 1396b(w) and 42 C.F.R. Section 433.68.
(c) The board shall set the amount of a mandatory payment authorized under this chapter. The aggregate amount of the mandatory payments required of all paying hospitals in the district may not exceed six percent of the aggregate net patient revenue from hospital services provided by all paying hospitals in the district.
(d) Subject to Subsection (c), the board shall set the mandatory payments in amounts that in the aggregate will generate sufficient revenue to cover the administrative expenses of the district for activities under this chapter and to fund an intergovernmental transfer described by Section 300C.0103(b)(1). The annual amount of revenue from mandatory payments that shall be paid for administrative expenses by the district for activities under this chapter may not exceed $150,000, plus the cost of collateralization of deposits, regardless of actual expenses.
(e) A paying hospital may not add a mandatory payment required under this section as a surcharge to a patient.
(f) For purposes of any hospital district that participates in a district authorized to operate under this chapter, a mandatory payment assessed under this chapter is not a tax for hospital purposes for purposes of the applicable provision of Article IX, Texas Constitution.
Sec. 300C.0152. ASSESSMENT AND COLLECTION OF MANDATORY PAYMENTS. (a) The district may designate an official of the district or contract with another person to assess and collect the mandatory payments authorized under this chapter.
(b) The person charged by the district with the assessment and collection of mandatory payments shall charge and deduct from the mandatory payments collected for the district a collection fee in an amount not to exceed the person's usual and customary charges for like services.
(c) If the person charged with the assessment and collection of mandatory payments is an official of the district, any revenue from a collection fee charged under Subsection (b) shall be deposited in the district's general fund and, if appropriate, shall be reported as fees of the district.
Sec. 300C.0153. LIMITATION ON AUTHORITY; CORRECTION OF INVALID PROVISION OR PROCEDURE. (a) This chapter does not authorize the district to assess and collect mandatory payments for the purpose of raising general revenue or any amount in excess of the amount reasonably necessary to:
(1) fund the nonfederal share of a Medicaid supplemental payment program or Medicaid managed care rate enhancements for nonpublic hospitals; and
(2) cover the administrative expenses of the district associated with activities under this chapter and other uses of the fund described by Section 300C.0103(b).
(b) The district may assess and collect a mandatory payment authorized under this chapter only if a waiver program, uniform rate enhancement, or reimbursement described by Section 300C.0103(b)(1) is available to the district.
(c) To the extent any provision or procedure under this chapter causes a mandatory payment authorized under this chapter to be ineligible for federal matching funds, the board may provide by rule for an alternative provision or procedure that conforms to the requirements of the federal Centers for Medicare and Medicaid Services. A rule adopted under this section may not create, impose, or materially expand the legal or financial liability or responsibility of the district or an institutional health care provider in the district beyond the provisions of this chapter. This section does not require the board to adopt a rule.
Sec. 300C.0154. REPORTING REQUIREMENTS. (a) The board of a district that authorizes a program under this chapter shall report information to the Health and Human Services Commission regarding the program on a schedule determined by the commission.
(b) The information must include:
(1) the amount of the mandatory payments required and collected in each year the program is authorized;
(2) any expenditure or other use of money attributable to mandatory payments collected under this chapter, including:
(A) any contract with an entity for the administration or operation of a program authorized by this chapter; or
(B) a contract with a person for the assessment and collection of a mandatory payment as authorized under Section 300C.0152; and
(3) the amount of money attributable to mandatory payments collected under this chapter that is used for a purpose other than a purpose described by Subdivisions (1) and (2).
(c) The executive commissioner of the Health and Human Services Commission shall adopt rules to administer this section.
Sec. 300C.0155. AUTHORITY TO REFUSE FOR VIOLATION. The Health and Human Services Commission may refuse to accept money from a local provider participation fund administered under this chapter if the commission determines that acceptance of the money may violate federal law.
Sec. 300C.0156. INTEREST AND PENALTIES. The district may impose and collect interest and penalties on delinquent mandatory payments assessed under this chapter in any amount that does not exceed the maximum amount authorized for other delinquent payments owed to the local governments that created the district.
SECTION ____. A director of a district appointed, or a board officer elected, under Chapter 300A, Health and Safety Code, may continue to serve the remainder of the director's or officer's term in accordance with that chapter after the district begins to operate under Chapter 300C, Health and Safety Code, as added by this Act. A director or board officer that serves on the board of directors of a health care provider participation district created under Chapter 300A, Health and Safety Code, is eligible for reappointment or re-election, as applicable, under Chapter 300C, Health and Safety Code, as added by this Act, unless otherwise disqualified.
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 CSHB 3348 was read.
Senator Hughes withdrew Floor Amendment No. 2.
Senator Parker offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 3348 (senate committee report) by striking SECTION 3 of the bill, providing an effective date (page 5, line 36), and substituting 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 CSHB 3348 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
CSHB 3348 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hughes, Middleton.
COMMITTEE SUBSTITUTE
HOUSE BILL 3348 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 CSHB 3348 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, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hughes, Middleton.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
HOUSE BILL 5668 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration HB 5668 at this time on its second reading:
HB 5668, Relating to the powers and duties of the Far North Fort Worth Municipal Utility District No. 1 of Tarrant and Wise Counties; providing authority to impose a tax and issue bonds.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
The bill was read second time and was passed to third reading by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
HOUSE BILL 5668 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 HB 5668 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, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)
HOUSE BILL 1393 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration HB 1393 at this time on its second reading:
HB 1393, Relating to daylight saving time.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Perry, Sparks, West, Zaffirini.
Nays: Eckhardt, Johnson, Middleton, Paxton, Schwertner.
The bill was read second time and was passed to third reading by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
HOUSE BILL 1393 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1393 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, Cook, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Perry, Sparks, West, Zaffirini.
Nays: Eckhardt, Johnson, Middleton, Paxton, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 26, Nays 5. (Same as previous roll call)
SENATE BILL 493 WITH HOUSE AMENDMENT
Senator Kolkhorst called SB 493 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SB 493 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 4151, Insurance Code, is amended by adding Section 4151.155 to read as follows:
Sec. 4151.155. CERTAIN DISCLOSURES AND COMMUNICATIONS BY PHARMACIST OR PHARMACY PROTECTED. (a) A pharmacy benefit manager may not, by contract or otherwise, prohibit or restrict a pharmacist or pharmacy from informing an enrollee of any difference between the enrollee's out-of-pocket cost for a prescription drug under the enrollee's prescription drug benefit and the out-of-pocket cost without submitting a claim under the enrollee's prescription drug benefit.
(b) A provision in a pharmacy benefit manager's pharmacy benefit network contract is void and unenforceable if the provision prohibits or restricts a pharmacist or pharmacy from:
(1) informing an enrollee of any difference between the enrollee's out-of-pocket cost for a prescription drug under the enrollee's prescription drug benefit and the out-of-pocket cost without submitting a claim under the enrollee's prescription drug benefit; or
(2) communicating with plan sponsors or administrators regarding member services with respect to prescription drug benefits, pharmacy services and benefits, network access and adequacy with respect to prescription drug benefits, partnership opportunities, or prescription claim reimbursement.
SECTION 2. The change in law made by this Act applies only to a contract or agreement entered into, amended, or renewed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
The amendment was read.
Senator Kolkhorst moved to concur in the House amendment to SB 493.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1388 WITH HOUSE AMENDMENT
Senator Kolkhorst called SB 1388 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1388 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 54, Health and Safety Code, as added by Chapter 1033 (SB 24), Acts of the 88th Legislature, Regular Session, 2023, is amended by adding Section 54.012 to read as follows:
Sec. 54.012. PARTICIPATION BY SMALL SERVICE PROVIDERS. (a) To facilitate the participation by service providers with a total annual revenue of less than $2 million in the program, the commission shall adopt measures to simplify the process for those providers to apply for grants, receive grant money, and comply with applicable reporting and implementation requirements.
(b) The commission may develop instructional materials to provide support and technical assistance to service providers described by Subsection (a).
The amendment was read.
Senator Kolkhorst moved to concur in the House amendment to SB 1388.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez.
SENATE BILL 482 WITH HOUSE AMENDMENTS
Senator Alvarado called SB 482 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SB 482 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for the offenses of assault and harassment committed against certain employees or agents of a utility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.01(b) and (d), Penal Code, are amended to read as follows:
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:
(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed:
(i) against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and
(ii) under:
(a) this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11;
(b) Section 25.07, if the applicable violation was based on the commission of family violence as described by Subsection (a)(1) of that section; or
(c) Section 25.072, if any of the applicable violations were based on the commission of family violence as described by Section 25.07(a)(1); or
(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform a service in a facility described by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:
(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or
(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;
(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer;
(5) a person the actor knows is emergency services personnel while the person is providing emergency services;
(6) a person the actor knows is a process server while the person is performing a duty as a process server;
(7) a pregnant individual to force the individual to have an abortion;
(8) a person the actor knows is pregnant at the time of the offense; [or]
(9) a person the actor knows is hospital personnel while the person is located on hospital property, including all land and buildings owned or leased by the hospital; or
(10) a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency.
(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, an employee or agent of a utility, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment, agency, [as a public servant] or status, as applicable [a security officer or emergency services personnel].
SECTION 2. Section 22.01(e), Penal Code, is amended by adding Subdivision (5) to read as follows:
(5) "Utility" means:
(A) an electric utility, as defined by Section 31.002, Utilities Code;
(B) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(C) a cable service provider or video service provider, as defined by Section 66.002, Utilities Code;
(D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;
(E) a gas utility, as defined by Section 121.001, Utilities Code;
(F) a pipeline used for the transportation or sale of oil, gas, or related products; or
(G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code.
SECTION 3. Section 42.07(b), Penal Code, is amended by adding Subdivision (4) to read as follows:
(4) "Utility" has the meaning assigned by Section 22.01(e).
SECTION 4. Section 42.07(c), Penal Code, is amended to read as follows:
(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:
(1) the actor has previously been convicted under this section; [or]
(2) the offense was committed under Subsection (a)(7) or (8) and:
(A) the offense was committed against a child under 18 years of age with the intent that the child:
(i) commit suicide; or
(ii) engage in conduct causing serious bodily injury to the child; or
(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code; or
(3) the offense was committed against a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency.
SECTION 5. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.
Floor Amendment No. 1
Amend CSSB 482 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 12.50(b), Penal Code, is amended to read as follows:
(b) The increase in punishment authorized by this section applies only to an offense under:
(1) Section 20.05;
(2) Section 20.06;
(3) Section 20.07;
(4) Section 22.01;
(5) Section 28.02;
(6) Section 29.02;
(7) Section 30.02;
(8) Section 30.03;
(9) Section 30.04;
(10) Section 30.05; [and]
(11) Section 31.03; and
(12) Section 38.15.
SECTION ____. Sections 38.15(a) and (e), Penal Code, are amended to read as follows:
(a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;
(5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency;
(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; [or]
(7) a person who:
(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;
(B) is investigating a particular site as part of the person's responsibilities under Paragraph (A);
(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and
(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code; or
(8) a person who is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency.
(e) In this section:
(1) "Emergency" [, "emergency"] means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.
(2) "Utility" means:
(A) an electric utility, as defined by Section 31.002, Utilities Code;
(B) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(C) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;
(D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;
(E) a gas utility, as defined by Section 121.001, Utilities Code;
(F) a pipeline used for the transportation or sale of oil, gas, or related products;
(G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code;
(H) a broadband provider, as defined by Section 253.0001, Utilities Code; or
(I) a retail water or sewer utility service, as defined by Section 13.002, Water Code.
The amendments were read.
Senator Alvarado moved to concur in the House amendments to SB 482.
The motion prevailed by the following vote: Yeas 31, Nays 0.
BIRTHDAY GREETINGS EXTENDED
Senator Alvarado was recognized and, on behalf of the Senate, extended birthday greetings to Senator Parker.
SENATE BILL 1951 WITH HOUSE AMENDMENT
Senator Paxton called SB 1951 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1951 (house committee report) on page 1 as follows:
(1) On line 14, strike "by certified [first class] mail" and substitute "[by first class mail]".
(2) On line 15, between the period and "The", insert "The notice must be delivered by first-class mail, except that the notice must be delivered by certified mail if the property was not listed on the appraisal roll in the preceding tax year.".
The amendment was read.
Senator Paxton moved to concur in the House amendment to SB 1951.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Menéndez, Miles.
SENATE BILL 1241 WITH HOUSE AMENDMENT
Senator Middleton called SB 1241 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1241 (house committee report) as follows:
(1) Strike page 1, line 23, through page 2, line 12, and substitute the following:
(2) the applicant:
(A) successfully completed:
(i) at a public high school, the curriculum requirements established under Section 28.025 for the distinguished level of achievement under the foundation high school program; or
(ii) at a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the distinguished level of achievement under the foundation high school program; or
(B) achieved a score set by the Texas Higher Education Coordinating Board on a college entrance examination designated by coordinating board rule [satisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant or earned on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent]; and
(2) Strike page 2, line 20, through page 3, line 6, and substitute the following:
(a) A graduating student who does not qualify for admission under Section 51.803 or 51.804 may apply to any general academic teaching institution if the student:
(1) successfully completed:
(A) at a public high school, the curriculum requirements established under Section 28.025 for the foundation high school program; or
(B) at a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the foundation high school program; or
(2) achieved a score set by the Texas Higher Education Coordinating Board on a college entrance examination designated by coordinating board rule [satisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant or earned on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent].
(3) On page 4, lines 12 and 13, strike "(a) Except as provided by Subsection (b) of this section, this" and substitute "This".
(4) On page 4, strike lines 18 and 19.
The amendment was read.
Senator Middleton moved to concur in the House amendment to SB 1241.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, Zaffirini.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Miles, West.
SENATE BILL 841 WITH HOUSE AMENDMENT
Senator Hughes called SB 841 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SB 841 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the beneficiaries of trust funds paid or received in connection with an improvement on specific real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.003(a), Property Code, is amended to read as follows:
(a) A person who is an [An] artisan, laborer, mechanic, contractor, subcontractor, or materialman who labors or who furnishes labor or material for the construction or repair of an improvement on specific real property in this state, or that person's qualified assignee under Section 162.0031, is a beneficiary of any trust funds paid or received in connection with the improvement.
SECTION 2. Subchapter A, Chapter 162, Property Code, is amended by adding Section 162.0031 to read as follows:
Sec. 162.0031. BENEFICIARY'S ASSIGNMENT OF INTEREST IN UNPAID TRUST FUNDS. An assignment by a beneficiary of the beneficiary's interest in unpaid trust funds under this chapter may not be enforced unless:
(1) the assignment is:
(A) made in writing not earlier than the date the assignee has paid the beneficiary in good and sufficient funds for the assignment; and
(B) not made as part of the beneficiary's construction contract;
(2) the assignee is a beneficiary, trustee, or property owner under the contract for the construction or repair of an improvement on real property in connection with which the payment of trust funds is made; and
(3) written notice of the assignment is provided to the property owner and the contractor on the project not later than the seventh day after the date the assignment is made.
SECTION 3. This Act takes effect September 1, 2025.
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 841.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1350 WITH HOUSE AMENDMENT
Senator Hughes called SB 1350 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1350 (house committee report) as follows:
(1) On page 4, line 5, between "COMMISSION." and "The" insert "(a)".
(2) On page 5, between lines 2 and 3, insert the following:
(b) The commission may establish and operate an affiliated nonprofit organization as necessary to carry out the purposes of this chapter.
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 1350.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2143 WITH HOUSE AMENDMENT
Senator Perry called SB 2143 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 2143 (house committee printing) as follows:
(1) Strike page 1, line 6, through page 2, line 3.
(2) On page 2, strike lines 17 through 20.
(3) Strike page 2, line 26, through page 3, line 11.
(4) Renumber SECTIONS of the bill accordingly.
The amendment was read.
Senator Perry moved to concur in the House amendment to SB 2143.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Eckhardt.
SENATE BILL 1559 WITH HOUSE AMENDMENT
Senator Zaffirini called SB 1559 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SB 1559 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to conflicts between a protective order and certain other orders and to the transfer of a protective order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Family Code, is amended by adding Section 81.012 to read as follows:
Sec. 81.012. CONFLICT WITH CERTAIN OTHER ORDERS. During the time in which a protective order issued under this subtitle, including a temporary ex parte order, is valid and subject to transfer, the order prevails over any other order rendered in a suit for dissolution of a marriage under Chapter 6 or a suit affecting the parent-child relationship under Title 5 to the extent of any conflict between the orders.
SECTION 2. Section 85.026, Family Code, is amended by adding Subsection (b) to read as follows:
(b) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined:
"DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS."
SECTION 3. Section 85.064, Family Code, is amended by amending Subsections (a) and (b) and adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as follows:
(a) If a protective order was rendered before the filing of a suit for dissolution of a marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062, the court that rendered the order shall [may], on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court finds that the transfer will not negatively impact the safety of any person protected by the order [makes the finding prescribed by Subsection (c)].
(b) If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court shall [may] transfer the protective order to the court of continuing, exclusive jurisdiction if the court finds that the transfer will not negatively impact the safety of any person protected by the order [makes the finding prescribed by Subsection (c)].
(c-1) A motion to transfer a protective order under this section must be filed with a signed certificate of service on all parties. A party desiring to contest the motion must file a response not later than the first Monday after the 20th day after the date the motion is served on the party. The response must include a controverting affidavit stating that the transfer would negatively impact the safety of a person protected by the order.
(c-2) If a response to a motion to transfer a protective order is filed as provided by Subsection (c-1), notice of the hearing on the motion to transfer the protective order must be served on all parties not later than the 10th day before the date of the hearing.
(c-3) Before rendering an order transferring a protective order under this section, the court must provide each person protected by the protective order the opportunity to submit a statement to the court regarding the impact of a potential transfer on the person's safety. The court shall consider a statement submitted under this subsection when determining whether to order a transfer. The statement may be a separate document or combined with the motion to transfer or a response to the motion to transfer. The statement must be filed:
(1) concurrently with or before the filing of the motion to transfer, if the person protected by the protective order is the person filing the motion to transfer; or
(2) concurrently with or before the filing of a response to the motion to transfer, if the person protected by the protective order is not the person filing the motion to transfer.
(c-4) An order transferring a protective order under this section must include a finding that the transfer will not negatively affect the safety of any person protected by the order.
SECTION 4. The following provisions of the Family Code are repealed:
(1) Section 83.005; and
(2) Section 85.064(c).
SECTION 5. Sections 81.012 and 85.026(b), Family Code, as added by this Act, apply only to a protective order issued on or after the effective date of this Act.
SECTION 6. Section 85.064, Family Code, as amended by this Act, applies only to a motion to transfer a protective order that is made on or after the effective date of this Act. A motion made before the effective date of this Act is governed by the law in effect on the date the motion was filed, and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2025.
The amendment was read.
Senator Zaffirini moved to concur in the House amendment to SB 1559.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2155 WITH HOUSE AMENDMENT
Senator Perry called SB 2155 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 2155 (house committee printing) on page 24, between lines 24 and 25, by inserting the following:
(c) Rules adopted under Subsection (a) may not prohibit a person engaging in the practice of veterinary medicine remotely or by electronic means, including without a previously existing veterinarian-client-patient relationship or without having conducted a physical examination of an animal, so long as the person owns or is affiliated with a veterinary medical facility that is registered with the board.
The amendment was read.
Senator Perry moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 2155 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Perry, Chair; Hancock, Kolkhorst, Sparks, and Blanco.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Flores and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Criminal Justice might meet upon recess today in Room E1.016 and consider the following bills:
HB 2017, HB 2854, HB 2306.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Local Government might meet upon recess today and consider the following bills:
HB 5320, HB 5437, HB 5651, HB 5654, HB 5656, HB 5658, HB 5661, HB 5662, HB 5665, HB 5666, HB 5670, HB 5672, HB 5674, HB 5677, HB 5679, HB 5680, HB 5682, HB 5694, HB 5696, HB 5699.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Hancock and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Veteran Affairs might meet at 8:00 a.m. tomorrow in the Betty King Committee Room, 2E.20, and consider the following bills:
HB 101, HB 290, HB 2193, HB 3359, HB 5308, HB 5646.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Middleton and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Education K-16 might meet today in Room E1.028 and consider HB 2853.
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 at 5:00 p.m. today in Room E1.012.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Kolkhorst and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services might meet at 4:55 p.m. today in the Senate Press Room, 2E.9.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Eckhardt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Administration might meet at 8:00 a.m. tomorrow in Room E1.714 and consider HCR 142.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Water, Agriculture, and Rural Affairs might meet at 7:00 a.m. tomorrow and consider the following bills:
HB 654, HB 1523, HB 1690, HB 2080, HB 2128, HB 3333, HB 3898, HB 4158, HB 4530, HB 4630, HB 5339, HB 5659, HCR 76, HCR 108.
RECESS
On motion of Senator Zaffirini, the Senate at 4:55 p.m. recessed until 6:30 p.m. today.
AFTER RECESS
The Senate met at 7:28 p.m. and was called to order by Senator Flores.
COMMITTEE SUBSTITUTE
HOUSE BILL 6 ON SECOND READING
Senator Perry moved to suspend the regular order of business to take up for consideration CSHB 6 at this time on its second reading:
CSHB 6, Relating to discipline management and access to telehealth mental health services in public schools.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Menéndez, Miles, Zaffirini.
The bill was read second time.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 6 (senate committee report) in SECTION 1 of the bill, in amended Section 12.111(a)(5)(A), Education Code, as follows:
(1) In Subparagraph (i) (page 1, line 57), strike "and was placed" and substitute "related to placement".
(2) In Subparagraph (ii) (page 2, line 1), strike "and was expelled" and substitute "related to expulsion".
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:
Nays: Eckhardt.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 6 (senate committee report) as follows:
(1) In the recital to SECTION 5 of the bill, amending Section 37.001, Education Code (page 3, line 42), strike "Section 37.001(b-1), Education Code, is" and substitute "Sections 37.001(a) and (b-1), Education Code, are".
(2) Immediately following the recital to SECTION 5 of the bill, amending Section 37.001, Education Code (page 3, between lines 43 and 44), insert the following:
(a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:
(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;
(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;
(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;
(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:
(A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student's disciplinary history;
(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;
(E) a student's status in the conservatorship of the Department of Family and Protective Services; or
(F) a student's status as a student who is homeless;
(5) provide guidelines for setting the length of a term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;
(8) provide, as appropriate for students at each grade level, methods, including options, for:
(A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;
(B) disciplining students; and
(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; [and]
(9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h); and
(10) include a statement regarding whether the board has adopted a policy for parental involvement in school disciplinary placements under Section 37.0014, and if so, the provisions of the policy.
(3) Strike SECTION 19 of the bill, amending Section 37.055, Education Code (page 12, line 47, through page 13, line 17).
(4) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.0014 to read as follows:
Sec. 37.0014. POLICY FOR PARENTAL INVOLVEMENT IN SCHOOL DISCIPLINARY PLACEMENTS. (a) The board of trustees of a school district may adopt a policy for parental involvement in school disciplinary placements.
(b) A policy adopted under this section must provide for:
(1) the principal, campus behavior coordinator, or other appropriate administrator to notify the parent of or person standing in parental relation to a student who has been placed in a disciplinary alternative education program or expelled of the parent's or person's right to request for a behavioral agreement that specifies the responsibilities of the parent or person and student to be developed; and
(2) if a behavioral agreement described by Subdivision (1) is developed and the student and the student's parent or person standing in parental relation comply with the terms of the agreement, subject to Subsection (c), a reduction in the period of the disciplinary placement imposed on the student.
(c) A reduction in the period of a disciplinary placement under Subsection (b)(2) does not entitle the student for whom the period of placement was reduced to a different disciplinary placement. The reduction in the period of a disciplinary placement is at the sole discretion of the principal, campus behavior coordinator, or other appropriate administrator and may be revoked or amended at any time if the student or the student's parent or person standing in parental relation does not comply with the terms of the behavioral agreement developed under Subsection (b)(1).
(d) A behavioral agreement developed under Subsection (b)(1) must include in writing the specific reduction in the period of the student's disciplinary placement with which the student will be credited if the student and the student's parent or person standing in parental relation comply with the terms of the behavioral agreement.
(e) The commissioner shall adopt a model behavioral agreement for use by school districts in developing a behavioral agreement under Subsection (b)(1).
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 6 (senate committee report) as follows:
(1) In the recital to SECTION 5 of the bill, amending Section 3 37.001(b-1), Education Code (page 3, line 42), strike "Section 37.00l(b-1), Education Code, is" and substitute "Sections 37.00l(a) and (b-1), Education Code, are".
(2) In SECTION 5 of the bill, immediately following the recital (page 3, between lines 43 and 44), insert the following:
(a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:
(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;
(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program, which must expressly provide that an appropriate administrator may place a student in a disciplinary alternative education program for the first time offense of possession or use of a nicotine delivery product or e-cigarette, as defined by Section 161.081, Health and Safety Code;
(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;
(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:
(A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student's disciplinary history;
(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;
(E) a student's status in the conservatorship of the Department of Family and Protective Services; or
(F) a student's status as a student who is homeless;
(5) provide guidelines for setting the length of a term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;
(8) provide, as appropriate for students at each grade level, methods, including options, for:
(A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;
(B) disciplining students; and
(C) preventing and intervening in student discipline
problems, including bullying, harassment, and making hit lists;
and
(9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h).
(3) In SECTION 9 of the bill, in amended Section 37.006(a), Education Code (page 6, line 60), strike "possesses, uses," and substitute "[possesses, uses,]".
(4) In SECTION 9 of the bill, in amended Section 37.006(d), Education Code (page 7, line 53), strike "or".
(5) In SECTION 9 of the bill, in amended Section 37.006(d), Education Code (page 7, line 57), after the underlined semicolon and "or", insert the following:
(C) possesses or uses an e-cigarette, as defined by Section 161.081, Health and Safety Code, except that if a student who possesses or uses an e-cigarette is not placed in a disciplinary alternative education program for the first time offense under Section 37.008, the student shall be placed in in-school suspension for a period of at least 10 school days; or
MENÉNDEZ
PERRY
WEST
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSHB 6 (senate committee report) as follows:
(1) In SECTION 8 of the bill, in added Section 37.005(b-1), Education Code (page 5, line 37), strike "placement review committee" and substitute "principal or other appropriate administrator".
(2) In SECTION 8 of the bill, in added Section 37.005(b-1), Education Code (page 5, line 39), strike "15" and substitute "10".
(3) In SECTION 8 of the bill, in added Section 37.005(b-1), Education Code (page 5, lines 41 and 42), strike "placement review committee" and substitute "principal or other appropriate administrator".
(4) In SECTION 8 of the bill, in added Section 37.005(b-1), Education Code (page 5, line 43), strike "committee" and substitute "principal or other appropriate administrator".
(5) In SECTION 8 of the bill, in added Section 37.005(c-2), Education Code (page 5, line 69), strike "campus administrator or district designee" and substitute "principal or other appropriate administrator".
(6) In SECTION 8 of the bill, in added Section 37.005(c-2), Education Code (page 6, line 1), strike "administrator's or designee's" and substitute "principal's or other appropriate administrator's".
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 4.
Senator West offered the following amendment to the bill:
Floor Amendment No. 5
Amend CSHB 6 (senate committee report) as follows:
(1) In the recital to SECTION 8 of the bill, amending Section 37.005, Education Code (page 5, line 28), strike "and (c-2)" and substitute ", (b-2), and (c-2)".
(2) In SECTION 8 of the bill, in amended Section 37.005, Education Code (page 5, between lines 43 and 44), insert the following:
(b-2) A school shall provide a student subject to an in-school suspension under this section with appropriate behavioral support services and comparable educational services as the student would receive in the classroom. If the student receives special education services under Subchapter A, Chapter 29, the student must:
(1) continue to receive special education and related services specified in the student's individualized education program; and
(2) continue to have an opportunity to progress in the general curriculum.
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 5.
Senator Bettencourt offered the following amendment to the bill:
Floor Amendment No. 6
Amend CSHB 6 (senate committee report) as follows:
(1) In SECTION 8 of the bill, amending Section 37.005(c), Education Code strike Subsection (c) (page 5, lines 44 through 66), and substitute the following:
(c) A student who is enrolled in a grade level below grade three may not be placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in:
(1) conduct that contains the elements of an offense related to weapons under Section 46.02 or 46.05, Penal Code;
(2) conduct that threatens the immediate health and safety of other students in the classroom;
(3) documented conduct that results in repeated or significant disruption to the classroom [contains the elements of a violent offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code]; or
(4) [(3)] selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of:
(A) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.
BETTENCOURT
MENÉNDEZ
PERRY
WEST
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 6.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 7
Amend CSHB 6 (senate committee report) as follows:
(1) In the recital to SECTION 10 of the bill, amending Section 37.007, Education Code (page 8, lines 3 and 4), strike "Section 37.007, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (f-1)" and substituting "Sections 37.007(a) and (b), Education Code, are amended".
(2) In SECTION 10 of the bill, strike added Section 37.007(f-1), Education Code (page 9, lines 31 through 40).
(3) Strike SECTION 11 of the bill (page 9, lines 41 through 51) and renumber subsequent SECTIONS of the bill accordingly.
(4) In SECTION 12 of the bill, strike added Section 37.0083, Education Code (page 9, line 54, through page 10, line 38), and substitute the following:
Sec. 37.0083. VIRTUAL EXPULSION PROGRAM. (a) The principal or other appropriate administrator may place a student who has been expelled under Section 37.007 or 37.0081 in a virtual expulsion program established by the district and provide virtual instruction and instructional materials for remote learning to the student only if:
(1) the school district is located in a county that operates a juvenile justice alternative education program or the school district contracts with the juvenile board of another county for the provision of a juvenile justice alternative education program, and the juvenile justice alternative education program rejects admission of the student or returns the student before the expiration of the discipline assignment; or
(2) the school district is not located in a county that operates a juvenile justice alternative education program and does not contract with the juvenile board of another county for the provision of a juvenile justice alternative education program.
(a-1) If the principal or other appropriate administrator places a student in a virtual expulsion program under this section, the school district shall ensure that the student has suitable computer equipment and Internet access and provide the computer equipment and Internet access if necessary.
(b) A school district must ensure that, to the extent practicable in a virtual setting, the district's virtual expulsion program complies with the requirements for a disciplinary alternative education program under Section 37.008.
(c) The principal or other appropriate administrator shall review the placement of a student in a virtual expulsion 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. The review must consider whether a position for the grade level in which the student is enrolled has become available in an in-person setting under Subsection (a)(1). If the principal or other appropriate administrator determines that such a position has become available, the school district shall plan for the student's transition to an in-person setting as soon as practicable. If the principal or other appropriate administrator determines that continued placement is appropriate, the principal or other appropriate administrator shall document the determination.
(d) A student placed in a virtual expulsion program shall be counted toward the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program if the district can confirm the student's daily attendance in the virtual expulsion program.
(e) A school district may not require a teacher who provides virtual instruction to students in a virtual expulsion program to provide virtual instruction and in-class instruction for a course during the same class period.
(f) A teacher may not provide instruction for a virtual expulsion program course unless the teacher has completed a professional development course on virtual instruction.
(g) The commissioner shall adopt rules as necessary to implement this section, including rules providing for a method of taking attendance for students placed in a virtual expulsion program and rules requiring school districts to provide basic professional development training for teachers providing instruction in a virtual expulsion program.
(5) In SECTION 13 of the bill, in added Section 37.009(f-1), Education Code (page 10, lines 43 and 44), strike "Subsection (f-1) of that section" and substitute "Section 37.0083".
(6) Strike SECTION 14 of the bill (page 10, lines 45 through 57) and renumber subsequent SECTIONS of the bill accordingly.
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 7 except as follows:
Nays: Eckhardt.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 8
Amend CSHB 6 (senate committee report) in SECTION 20 of the bill, in added Section 37.115(d-1), Education Code (page 13, lines 38 through 43), by striking Subdivisions (1) through (4) of that subsection and substituting the following:
(1) an educational diagnostician;
(2) a behavior specialist;
(3) a special education teacher assigned to the student;
(4) a licensed behavior analyst;
(5) a licensed clinical or licensed master social worker; or
(6) a licensed specialist in school psychology.
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 8.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 9
Amend CSHB 6 (senate committee report) as follows:
(1) Strike SECTION 21 of the bill, adding Section 37.1151, Education Code (page 13, line 44, through page 14, line 57).
(2) Renumber subsequent sections of the bill accordingly.
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 9.
Senator Perry offered the following amendment to the bill:
Floor Amendment No. 10
Amend CSHB 6 (senate committee report) as follows:
(1) In SECTION 22 of the bill, in added Section 38.2545(b), Education Code (page 14, line 69), strike "shall" and substitute "may".
(2) In SECTION 22 of the bill, strike added Section 38.2545(c), Education Code (page 15, lines 2 through 9), substitute the following appropriately lettered subsection, 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.
(3) In SECTION 22 of the bill, in added Section 38.2545(f), Education Code (page 15, line 23), between "post" and "on", insert "quarterly".
The amendment to CSHB 6 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 10.
CSHB 6 as amended was passed to third reading by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Eckhardt.
COMMITTEE SUBSTITUTE
HOUSE BILL 6 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 CSHB 6 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Eckhardt.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)
REMARKS ORDERED PRINTED
On motion of Senator Bettencourt and by unanimous consent, the remarks regarding Floor Amendment No. 6 to CSHB 6 were ordered reduced to writing and printed in the Senate Journal as follows:
Senator Bettencourt: Thank you, Mr. President and Members. And, Senator Perry, I just want to start with one thing. I remember three sessions ago, two sessions back when you started this, and you knew this was a problem. And with typical Perry, you know, bulldog style, three sessions later you do have a better product. This amendment's part of it, but I really want to commend you for starting this. And I'm not sure when Chairman Leach added into the chain, but it's great to have such two vocal proponents of what we're in desperation for, that what the, what the teachers are in desperation for, what the parents are in desperation for, what the students are in desperation for. It's for discipline in the classroom. And for my contribution I wanted to add this amendment requires documentation of the conduct that results in out-of-school suspensions for kindergarten through third grade students. This amendment adds, changes Chapter 37 of the Education Code relating to discipline, law and order, specifically Section 37.005, it specifies that a student enrolled in grade level below 3 may not be place in out-of-school suspension unless while they are on school property or while attending a school concert or a school rated activity on or off school property, the student engages in, and this is the key point, documented conduct that results in repeated or significant disruption in the classroom. This discussion started down with Chairman Creighton this morning and came up to the floor with you, expanded with Senator West and Senator Menendez and I. It's what I really love about the Texas Senate. Because there was a bipartisan solution waiting to happen that would have brought, Senator, I mean, Representative Leach into it as the Chair on the other side, and this is a great add because it simply resolves, you know, for what K through third graders need which is some understanding, but also if there's a real problem that something will happen.
Senator Perry: Yeah, that's right and so, to kind of give some districts that are listening, they seem to be listening quite a lot these days, and they know my moves before I do. Basically, this section, the change is requiring a documented conduct. And I remind districts that before you get to an out-of-school suspension for a K through 3, you have an in-school suspension. So, there's going to be a long history of documenting multiple factors long before this is due, but all we're saying is you got to have documented the conduct that justifies a K through 3 being effectively out-of-school suspension.
Senator Bettencourt: Out-of-school suspension. So, I want to thank Chairman Leach for this one as well because this is just really common sense and this is the Texas Legislature at its best, Senator West, and I want to thank you for, you know, bringing that to everybody's attention. Senator Menendez and Senator Perry, of course, for being the wheelhouse on this. Looks like this bill's going to fly and, more importantly, that schools, parents, teachers, students finally get the discipline in classroom that they need, so really want to commend you, Senator Perry.
Presiding Officer: Senator Cook, for what purpose?
Senator Cook: Never mind. Thank you.
Presiding Officer: Senator Menéndez, for what purpose?
Senator Menéndez: Questions of the author of the amendment.
Senator Bettencourt: Yes, Sir.
Presiding Officer: Senator Bettencourt, do you yield?
Senator Perry: I yield.
Senator Menéndez: The author of the amendment.
Senator Perry: Oh, the author of the amendment.
Senator Bettencourt: I certainly yield.
Senator Menéndez: So, just very briefly. I am not sure if you followed the Houston Chronicle, I guess it may have been a week or so ago, days are all running together, issued an op-ed about the Texas Legislature expelling or sending, you know, five-year-olds home, something like that. And what I want is this amendment and this conversation, it's important for the media, people watching, but most importantly for all the superintendents out there because I love what you just said, Chairman Perry, it's important, don't you agree, that sending a child home, a five-year-old, a K through 3, is the last thing we want to do, but we're not going to let them rob the other kids of their education.
Senator Bettencourt: Absolutely, Senator Menéndez, and, you know, I think I mentioned, saw something like that, but you know, actually I think why don't you move that we reduce this exchange to writing, and I'm going to send it to the Houston Chronicle and ask them to print it.
Senator Menéndez: You know, I mean, that's the thing is that sometimes people miss the details of the legislation. And so, this is not the first step just to send, suspend a child, but we're also not going to let them rob the other children of their education.
Senator Bettencourt: No, and that's why, Senator Menéndez, this was such a key point for everyone to come together and bipartisan, because really it's the heart of the bill. Okay. It's the heart of what we want to do which is have, you know, K through 3 have them, you know, have to have multiple documentation of this as well as the fact that, understand that out-of-school suspension is a pretty traumatic thing for that grade. But having this discussion is what the Chronicle missed because no one wants that, what was printed in that article.
Senator Menéndez: Yeah.
Senator Bettencourt: And certainly no one on this floor, and I know that Chairman Leach doesn't want it either.
Senator Menéndez: Well, I want to thank Senator Miles and Senator West for their input in this because, I mean, I can't imagine how many calls we'd get from our constituents if it were just randomly suspending out-of-school, K through 3, third grade. Thank you.
Senator Bettencourt: No, it's part of this frothy, preposterous, you know, that kind of gins up on social media, but here is the real discussion.
Senator Menéndez: Thank you for answering my questions.
Senator Bettencourt: Thank you.
Presiding Officer: Senator Perry.
Senator Perry: It is acceptable to the author. It's a good amendment. I just keep wanting to, stressing that districts, the only real change to what it was originally filed as is the requirement to have it documented. Additionally, I want to remind all of those parents and district employees and people listening, you got to be really in a hard place for a kid to get removed, but we did maintain that if they are a threat to the classroom, a threat to themselves, a threat to somebody else, that that's an automatic. So basically, we left everything in there, we just required that you have a pretty documented trail to do that. So, with that, the amendment is acceptable. I do appreciate Senator West and all of those folks that were engaged in that, and Representative Leach, Chairman Leach, was extremely clarity on that, and it is the heart of the bill. This is where we were trying to thread the needle. And you know, disrupter is a large area, but if it is consistent and prevails every day, it has to be dealt with. So, I appreciate, I, move adoption, or, whose amendment is it? It was yours, you move, the amendment is agreeable to the author.
Senator Bettencourt: Move adoption of Floor Amendment No. 6.
SENATE BILL 912 WITH HOUSE AMENDMENT
Senator Blanco called SB 912 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SB 912 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the verification of health care practitioner continuing education compliance through the establishment of continuing education tracking systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 112.002, Occupations Code, is transferred to Subchapter B, Chapter 112, Occupations Code, redesignated as Section 112.0501, Occupations Code, and amended to read as follows:
Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter [chapter] applies only to licensing entities and health care practitioners under Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, and K.
SECTION 2. Chapter 112, Occupations Code, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS
Sec. 112.101. DEFINITIONS. In this subchapter:
(1) "Continuing education course" means a course, clinic, forum, lecture, program, or seminar that an individual must complete in order to maintain or renew a license.
(2) "Continuing education provider" means a person that a licensing entity authorizes or approves to offer continuing education courses.
(3) "Continuing education tracking system" means an electronic system a licensing entity establishes as required by Section 112.104.
(4) "License" means a form of authorization a licensing entity issues, including a license, certificate, registration, or permit, that an individual must obtain to engage in a particular business, occupation, or profession.
Sec. 112.102. APPLICABILITY. (a) Except as provided by Subsection (b), this subchapter applies only to a licensing entity that issues a license to a health care practitioner under this title.
(b) This subchapter does not apply to Subtitle L.
Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing entity may not renew a health care practitioner's license unless the licensing entity verifies that the health care practitioner has complied with any continuing education requirements of the licensing entity.
(b) Verification of a health care practitioner's compliance with continuing education requirements that the continuing education tracking system generates:
(1) satisfies the requirement of Subsection (a); and
(2) must be used in the conduct of any audit of health care practitioners the licensing entity conducts.
(c) This section does not prohibit a licensing entity from imposing penalties under applicable statutes or rules for a health care practitioner's failure to comply with continuing education requirements.
Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a) Each licensing entity by rule shall establish a continuing education tracking system for use by and accessible to health care practitioners, licensing entity staff, and continuing education providers.
(b) A continuing education tracking system established under this subchapter may not require any licensing entity expenditure.
Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A continuing education tracking system may collect and use only:
(1) information that directly relates to a health care practitioner's compliance with continuing education requirements, including:
(A) the name in which the health care practitioner's license is issued;
(B) the health care practitioner's license number;
(C) the license issue date;
(D) the license expiration date; and
(E) any other information disclosed to the public in response to a license verification request; and
(2) other information the licensing entity designates by rule as necessary for the system's performance of a function required by this subchapter.
(b) A continuing education tracking system established under Section 112.104 must:
(1) if the continuing education tracking system is a cloud-based system, be certified under the state risk and authorization management program established under Section 2054.0593, Government Code; and
(2) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
Sec. 112.106. RULEMAKING. A licensing entity shall adopt rules necessary to implement this subchapter.
SECTION 3. (a) Except as provided by Subsection (b) of this section, not later than September 1, 2026, each licensing entity shall establish a continuing education tracking system as required by Section 112.104, Occupations Code, as added by this Act.
(b) Notwithstanding any other provision of this Act, not later than September 1, 2028, the Texas Department of Licensing and Regulation shall:
(1) establish a continuing education tracking system as required by Section 112.104, Occupations Code, as added by this Act; and
(2) comply with the verification requirements of Section 112.103, Occupations Code, as added by this Act.
SECTION 4. Notwithstanding Section 112.104(b), Occupations Code, as added by this Act, a licensing entity subject to that section that on the effective date of this Act has an agreement in place with a continuing education tracking system provider that is able to implement the requirements of Subchapter C, Chapter 112, Occupations Code, as added by this Act, may maintain that agreement and any costs associated with implementation of the agreement.
SECTION 5. This Act takes effect September 1, 2025.
The amendment was read.
Senator Blanco moved to concur in the House amendment to SB 912.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hughes, Parker.
(President in Chair)
(Senator Flores in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 2 ON SECOND READING
On motion of Senator Creighton and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2 at this time on its second reading:
CSHB 2, Relating to public education and public school finance.
The bill was read second time.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2 (89R 31606) as follows:
(1) In the recital to SECTION 1.07 of the bill, adding Section 48.158 (page 10, line 1), strike "Section 48.158" and substitute "Sections 48.158 and 48.1581".
(2) In added Section 48.158(b)(1)(A), Education Code (page 10, line 17), strike "$5,000" and substitute "$4,000".
(3) In added Section 48.158(b)(1)(B), Education Code (page 10, line 19), strike "$10,000" and substitute "$8,000".
(4) In added Section 48.158(b)(2)(B), Education Code (page 10, line 25), strike "$5,500" and substitute "$5,000".
(5) In SECTION 1.07 of the bill, immediately following added Section 48.158, Education Code (page 12, between lines 8 and 9), insert the following:
Sec. 48.1581. SUPPORT STAFF RETENTION ALLOTMENT. (a) In this section, "non-administrative staff":
(1) includes a full-time or part-time employee who is not eligible for a salary increase under Section 48.158, including:
(A) a teacher not eligible for a salary increase under Section 48.158;
(B) a school counselor;
(C) a librarian;
(D) a school nurse;
(E) a teacher's assistant;
(F) a member of the custodial staff;
(G) a member of the food services staff;
(H) a bus driver;
(I) an administrative assistant; and
(J) other support staff; and
(2) does not include:
(A) a superintendent of a school district or other administrator serving as educational leader and chief executive officer;
(B) an assistant superintendent or a person in an equivalent role;
(C) a principal or assistant principal; and
(D) an employee in a centralized supervisory role.
(b) For purposes of this section, a school district's adjusted average attendance is the quotient of:
(1) the sum of the basic allotment under Section 48.051 and, if applicable, the allotment under Section 48.101; and
(2) the basic allotment.
(c) A school district is entitled to an annual allotment of $45 for each student in adjusted average attendance.
(d) For the 2025-2026 school year, a school district shall use money received under Subsection (c) to increase the salaries provided to non-administrative staff.
(e) For the 2026-2027 and each subsequent school year, a school district shall use money received under Subsection (c) to maintain the salary increases provided under Subsection (d). Any additional money the district receives under this section may only be used for the compensation of non-administrative staff.
(f) A school district that increases non-administrative staff compensation in the 2025-2026 school year to comply with Subsection (d), as added by H.B. 2, Acts of the 89th Legislature, Regular Session, 2025, is providing compensation for services rendered independently of an existing employment contract applicable to that school year and is not in violation of Section 53, Article III, Texas Constitution. This subsection expires September 1, 2027.
(6) In SECTION 1.11(b) of the bill (page 13, lines 15 and 16), strike "and 48.257(b-1), Education Code, as added by this article" and substitute ", 48.1581, and 48.257(b-1), Education Code, as added by this article, and Section 822.201(b), Government Code, as amended by this article".
(7) In SECTION 1.11(c) of the bill (page 13, lines 17 and 18), strike "Section 48.112, Education Code, as amended by this article, takes" and substitute "Sections 48.112(c) and (d), Education Code, as amended by this article, take".
(8) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill:
SECTION 1.__. Section 822.201(b), Government Code, is amended to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;
(2) amounts by which the member's salary is reduced under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and wages under Subdivision (1) but are not received directly by the member pursuant to a good faith, voluntary written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are limited to one or more options that provide deferred compensation, group health and disability insurance, group term life insurance, dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school district as part of a total compensation plan approved by the board of trustees of the district and meeting the requirements of Subsection (e);
(5) the benefit replacement pay a person earns under Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with former Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or that are deducted from the member's salary as authorized by Subchapter J, Chapter 659;
(8) a merit salary increase made under Section 51.962, Education Code;
(9) amounts received under the relevant parts of the educator excellence awards program under Subchapter O, Chapter 21, Education Code, or a mentoring program under Section 21.458, Education Code, that authorize compensation for service;
(10) salary amounts designated as health care supplementation by an employee under Subchapter D, Chapter 22, Education Code;
(11) to the extent required by Sections 3401(h) and 414(u)(12), Internal Revenue Code of 1986, differential wage payments received by an individual from an employer on or after January 1, 2009, while the individual is performing qualified military service as defined by Section 414(u), Internal Revenue Code of 1986; and
(12) increased compensation paid to an employee [a teacher] by an employer [a school district] using funds received by the employer [district] under:
(A) the teacher incentive allotment under Section 48.112, Education Code;
(B) the teacher retention allotment under Section 48.158, Education Code; or
(C) the support staff retention allotment under Section 48.1581, Education Code.
(9) Strike SECTION 2.10 of the bill, adding Section 21.0456, Education Code (page 23, lines 16 through 27).
(10) In SECTION 2.18 of the bill, strike added Section 21.908, Education Code (page 39, lines 6 through 22), and substitute the following:
Sec. 21.908. EDUCATOR PREPARATION PROGRAM SUPPORT. The agency shall develop and maintain a program to assist educator preparation programs in implementing this subchapter.
(11) Strike SECTION 2.21 of the bill (page 45, lines 7 through 12), and substitute the following appropriately numbered SECTION:
SECTION 2.__. (a) The following provisions of the Education Code are repealed:
(1) Section 21.051(a); and
(2) Subchapter Q, Chapter 21.
(b) Effective September 1, 2026, Section 48.114, Education Code, is repealed.
(c) Section 825.4092(f), Government Code, is repealed.
(12) In SECTION 2.24(a) of the bill (page 46, line 1), strike "2025" and substitute "2026".
(13) In SECTION 2.24(b) of the bill (page 46, line 2), between "section" and the comma, insert "and as otherwise provided by this Act,".
(14) In the recital to SECTION 3.07 of the bill, adding Sections 21.416 and 21.418, Education Code (page 53, line 3), strike "Sections 21.416 and 21.418" and substitute "Section 21.418".
(15) In SECTION 3.07 of the bill, strike added Section 21.416, Education Code (page 53, line 4, through page 54, line 15).
(16) In the recital to SECTION 3.08 of the bill, adding Sections 21.466, 21.467, and 21.468, Education Code (page 54, line 24), strike "Sections 21.466, 21.467, and 21.468" and substitute "Sections 21.466 and 21.468".
(17) In added Section 21.466(a)(1), Education Code (page 55, line 5), strike "opportunities, and staff retention", and substitute "and mentorship opportunities, and staff retention, including by identifying opportunities to reduce noninstructional duties for teachers".
(18) In added Section 21.466(a)(2), Education Code (page 55, line 9), between "programs" and the underlined semicolon, insert ", including by developing partnerships with educator preparation programs".
(19) In SECTION 3.08 of the bill, strike added Section 21.467, Education Code (page 55, line 17, through page 56, line 7).
(20) In SECTION 4.12 of the bill, in amended Section 29.008(c), Education Code (page 75, line 16), strike "state" and substitute "local, state,".
(21) In the recital to SECTION 4.24 of the bill, amending Subchapter A, Chapter 29, Education Code (page 90, line 16), strike "Sections 29.024 and" and substitute "Section".
(22) In SECTION 4.24 of the bill, strike added Section 29.024, Education Code (page 90, line 17, through page 92, line 4).
(23) In the recital to SECTION 4.27 of the bill, amending Section 29.042, Education Code (page 93, line 1), strike "Subsection (e)" and substitute "Subsections (e) and (f)".
(24) In SECTION 4.27 of the bill, amending Section 29.042, Education Code, as follows:
(A) In Subsection (a) (page 93, lines 9 and 10), strike "and Section 48.306(f)".
(B) In Subsection (a) (page 93, lines 11 and 12), strike "in the amount provided under Section 48.306 [of not more than $1,500]" and substitute "of not more than $1,500".
(C) In Subsection (a) (page 93, lines 16 and 17), strike "award grants in the order in which the applications were received and".
(D) Immediately following added Subsection (e) (page 94, between lines 2 and 3), insert the following:
(f) A regional education service center designated to administer the program under this subchapter for a school year is entitled to receive not more than four percent of the amount appropriated for purposes of making grants under this subchapter for that school year for the costs of administering the program.
(25) In SECTION 4.28 of the bill, in amended Section 29.045, Education Code (page 94, line 6), strike "The [Subject to available funding the]" and substitute "Subject to available funding the".
(26) In SECTION 4.55 of the bill, in added Section 48.1022(b), Education Code (page 129, line 15), strike "$350" and substitute "$250".
(27) In SECTION 4.59 of the bill, adding Section 48.159, Education Code, as follows:
(A) In added Subsection (a) (page 132, line 16), strike "(a)".
(B) Strike added Subsection (b) (page 132, line 20, through page 133, line 4).
(28) In the recital to SECTION 4.62 of the bill, amending Subchapter G, Chapter 48, Education Code (page 133, line 26), strike ", 48.306,".
(29) In SECTION 4.62 of the bill, strike added Section 48.306, Education Code (page 135, line 10, through page 136, line 5).
(30) In SECTION 5.15 of the bill, in amended Section 29.1543, Education Code, as follows:
(A) Between "REPORTS." and "The" (page 166, line 16), insert "(a)".
(B) In Subdivision (7)(C) (page 167, line 27), strike "and" and substitute "[and]".
(C) In Subdivision (8) (page 168, line 3), strike "disadvantaged." and substitute the following:
disadvantaged; and
(9) the number of students identified as having a vision disorder or other vision problem requiring vision care under the screening program described by Section 36.004, Health and Safety Code, disaggregated by:
(A) grade level;
(B) gender;
(C) race;
(D) ethnicity;
(E) the student's status as educationally disadvantaged;
(F) the number of times the student was previously identified as having a vision disorder or other vision problem;
(G) the identified vision disorder or problem; and
(H) the type of screening equipment used for the screening.
(b) Subject to appropriation or from money otherwise available for the purpose, the agency shall, in compliance with all applicable federal and state student privacy laws, acquire and maintain a third-party data management system to facilitate the reporting of information under this section.
(31) In SECTION 5.21 of the bill, strike added Section 31.0754, Education Code (page 173, lines 1 through 14), and substitute the following:
Sec. 31.0754. COMMUNICATION REGARDING OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIALS. Notwithstanding Chapter 2113, Government Code, the commissioner may enter into contracts or agreements and engage in efforts to communicate information regarding the development and availability of open education resource instructional materials made available under this subchapter, including activities to promote, market, and advertise the content included in and how to use those materials.
(32) In SECTION 5.31(a) of the bill, providing transition language for ARTICLE 5 (page 181, lines 10 and 11), strike "28.0065, and 28.02111" and substitute "and 28.0065".
(33) In SECTION 5.31 of the bill, providing transition language for ARTICLE 5 (page 181, between lines 12 and 13), insert the following appropriately lettered subsection and reletter subsequent subsections of the section accordingly:
( ) Section 28.02111, Education Code, as added by this article, applies beginning with the 2026-2027 school year.
(34) In SECTION 5.32(a) of the bill, providing transition language for ARTICLE 5 (page 181, line 18), strike "48.122, and 48.317" and substitute "and 48.122".
(35) In SECTION 5.32 of the bill, providing transition language for ARTICLE 5 (page 181, between lines 19 and 20), insert the following appropriately lettered subsections and reletter subsequent subsections of the section accordingly:
( ) Section 48.317, Education Code, as added by this article, takes effect September 1, 2026.
( ) Section 29.1543(b), Education Code, as added by this article, takes effect September 1, 2027.
(36) In SECTION 6.02 of the bill, in added Section 7.0405, Education Code, as follows:
(A) In Subsection (a)(2) (page 183, lines 17 and 18), strike Paragraph (B) and reletter subsequent paragraphs of that subdivision accordingly.
(B) In Subsection (a)(2)(C) (page 183, line 19), between "(C)" and "employment", insert "for each cohort for which data is available,".
(C) Immediately following Subsection (a) (page 183, between lines 23 and 24), insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(__) The agency is required to provide data regarding students who graduate from high school and enroll in remedial postsecondary coursework as part of a postsecondary degree, certificate, or other credentialing program under Subsection (a)(1)(A) only to the extent that data is available.
(37) In SECTION 6.03 of the bill, in amended Section 11.186(b)(3), Education Code (page 185, lines 6 and 7), strike "as defined by the agency" and substitute "aligned with the long-range master plan for higher education established under Section 61.051 and the performance tier funding for public junior colleges for credentials of value under Section 130A.101".
(38) Strike SECTION 6.07 of the bill, adding Section 29.9016, Education Code (page 189, line 17, through page 190, line 8).
(39) In SECTION 6.09 of the bill, in amended Section 33.007(b)(1), Education Code (page 191, line 21), strike "career readiness and workforce training opportunities" and substitute the following:
:
(A) career readiness and workforce training opportunities; and
(B) a link to the My Texas Future Internet website and information regarding how to create a profile on that website
(40) In SECTION 6.09 of the bill, in added Section 33.007(b)(12), Education Code (page 193), strike lines 5 and 6 and substitute the following:
:
(A) information regarding program costs, program completion rates, and the average wages of students who complete the program; and
(B) the availability of information regarding those opportunities on the My Texas Future Internet website; and
(41) In SECTION 6.09 of the bill, in added Section 33.007(b)(13), Education Code (page 193, line 12), between "7.0405(a)" and the period, insert "or available on the My Texas Future Internet website".
(42) In SECTION 6.09 of the bill, in added Section 33.007(d), Education Code (page 193, line 13), between "agency" and "shall", insert "or the Texas Higher Education Coordinating Board".
(43) In SECTION 6.09 of the bill, in added Section 33.007(d), Education Code (page 193, line 15), between "7.0405(a)" and the underlined period, insert "or available on the My Texas Future Internet website".
(44) In SECTION 6.09 of the bill, in added Section 33.007(d), Education Code (page 193, at the end of line 19), insert "The agency or the coordinating board may make the training available through the Texas OnCourse Internet website.".
(45) In the recital to SECTION 6.16 of the bill, amending Section 48.106, Education Code (page 203, line 23), strike "Subsections (a-2) and (a-3)" and substitute "Subsection (a-2)".
(46) In SECTION 6.16 of the bill, amending Section 48.106, Education Code, strike amended Subsection (a-1) (page 203, line 25 through page 204, line 7) and substitute the following:
(a-1) In addition to the amounts under Subsection (a), [for each student in average daily attendance,] a district is entitled to $150 [$50] for each [of the following in which the] student in average daily attendance who [is enrolled]:
(1) is enrolled in a campus designated as a P-TECH school under Section 29.556; or
(2) completes a course of study offered under the Pathways in Technology Early College High School (P-TECH) program under Subchapter N, Chapter 29, or the Rural Pathway Excellence Partnership (R-PEP) program under Section 29.912, regardless of whether the student is enrolled in the district that provides the course of study [a campus that is a member of the New Tech Network and that focuses on project-based learning and work-based education].
(47) In SECTION 6.16 of the bill, strike added Section 48.106(a-3), Education Code (page 204, lines 14 through 21).
(48) In SECTION 6.22 of the bill, in amended Section 48.156(b), Education Code (page 208, line 11), strike "$15" and substitute "$20".
(49) In SECTION 6.29 of the bill, providing transition language for ARTICLE 6 (page 211, line 11), strike "Sections 28.0095(c-1) and 29.9016" and substitute "Section 28.0095(c-1)".
(50) Add the following appropriately numbered SECTIONS to ARTICLE 6 of the bill and renumber subsequent SECTIONS of the article accordingly:
SECTION 6.__. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.9017 to read as follows:
Sec. 29.9017. NOTICE REGARDING MILITARY-RELATED TRAINING PROGRAMS. (a) As part of the high school registration process and annually, a school district or open-enrollment charter school shall notify the parent or guardian of each student enrolled in a Junior Reserve Officers' Training Corps program established under 10 U.S.C. Section 2031 regarding any early registration or scholarship program available to students in military-related training programs.
(b) The notice required under Subsection (a) must provide the student's parent or guardian with the option to share the student's data with one or more public institutions of higher education for the purpose of learning about any opportunity to participate in an early registration or scholarship program described by Subsection (a), including:
(1) the student's directory contact information;
(2) the student's education records; or
(3) any other information prescribed by Texas Higher Education Coordinating Board rule that would allow the student to learn about an opportunity to participate in military-related training programs at public institutions of higher education, including financial aid or scholarship programs.
SECTION 6.____. Section 48.003(a), Education Code, is amended to read as follows:
(a) A student is entitled to the benefits of the Foundation School Program if, on September 1 of the school year, the student:
(1) is 5 years of age or older and under 21 years of age and:
(A) has not graduated from high school; or
(B) has graduated from high school but is:
(i) enrolled in a school district at a campus designated as a P-TECH school under Section 29.556 or in a school district participating in a partnership under Section 29.912; and
(ii) completing a course of study offered through an articulation agreement or memorandum of understanding with an institution of higher education, as defined by Section 61.003, and the district described by Subparagraph (i), as applicable, under the Pathways in Technology Early College High School (P-TECH) program under Subchapter N, Chapter 29, and the Rural Pathway Excellence Partnership (R-PEP) program under Section 29.912, regardless of whether the student is enrolled in the district providing the course of study;
(2) [, or] is at least 21 years of age and under 26 years of age and has been admitted by a school district to complete the requirements for a high school diploma; or
(3) [(2)] is at least 18 years of age and under 50 years of age and is enrolled in an adult education program provided under the adult high school charter school program under Subchapter G, Chapter 12.
(51) In SECTION 7.02 of the bill, in amended Section 12.106(d), Education Code (page 215, line 20), strike "0.07" and substitute "0.06".
(52) Strike SECTION 7.10 of the bill, amending Section 48.115(a), Education Code (page 223, lines 18 through 27), and substitute the following appropriately numbered SECTION:
SECTION 7.__. Section 48.115, Education Code, is transferred to Subchapter D, Chapter 48, Education Code, redesignated as Section 48.160, Education Code, and amended to read as follows:
Sec. 48.160 [48.115]. SCHOOL SAFETY ALLOTMENT. (a) Except as provided by Subsection (a-1), a school district is entitled to an annual allotment equal to the sum of the following amounts or a greater amount provided by appropriation:
(1) $20 [$10] for each student in average daily attendance, plus $1 for each student in average daily attendance per every $50 by which the district's maximum basic allotment under Section 48.051 exceeds $6,160, prorated as necessary; and
(2) $33,540 [$15,000] per campus.
(a-1) A school district campus that provides only virtual instruction or utilizes only facilities not subject to the district's control is not included for purposes of determining a school district's allotment under Subsection (a).
(b) Funds allocated under this section must be used to improve school safety and security, including costs associated with:
(1) securing school facilities in accordance with the requirements of Section 37.351, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security fencing conducive to a public school learning environment or physical barriers, which may not include razor wire;
(C) exterior door and window safety and security upgrades, including exterior door numbering and locking systems and security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district has already installed security cameras, other security equipment, including video surveillance as provided by Section 29.022; and
(ii) technology, including communications systems or devices, such as silent panic alert devices, two-way radios, or wireless Internet booster equipment, that facilitates communication and information sharing between students, school personnel, and first responders in an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers, private security officers, and school marshals; and
(B) collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers to schools in the district;
(3) school safety and security measures, including:
(A) active shooter and emergency response training;
(B) prevention and treatment programs relating to addressing adverse childhood experiences; and
(C) the prevention, identification, and management of emergencies and threats, using evidence-based, effective prevention practices and including:
(i) providing licensed counselors, social workers, chaplains, and individuals trained in restorative discipline and restorative justice practices;
(ii) providing mental health personnel and support, including chaplains;
(iii) providing behavioral health services, including services provided by chaplains;
(iv) establishing threat reporting systems; and
(v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support, including support provided by chaplains;
(4) providing programs related to suicide prevention, intervention, and postvention, including programs provided by chaplains; and
(5) employing a school safety director and other personnel to manage and monitor school safety initiatives and the implementation of school safety requirements for the district.
(b-1) The agency may designate certain technologies that a school district, in using funds allocated under this section, may purchase only from a vendor approved by the agency.
(b-2) If the agency, in coordination with the Texas School Safety Center, determines that entering into a statewide contract with a vendor for the provision of a technology designated under Subsection (b-1) would result in cost savings to school districts, the agency may, after receiving approval from the Legislative Budget Board and office of the governor, enter into a contract with a vendor to provide the technology to each district that uses funds allocated under this section to purchase that technology.
(c) A school district may use funds allocated under this section for equipment or software that is used for a school safety and security purpose and an instructional purpose, provided that the instructional use does not compromise the safety and security purpose of the equipment or software.
(c-1) The agency, or if designated by the agency, the Texas School Safety Center, shall establish and publish a directory of approved vendors of school safety technology and equipment a school district may select from when using funds allocated under this section. If a school district uses funds allocated under this section to purchase technology or equipment from a vendor that is not included in the directory, the district must solicit bids from at least three vendors before completing the purchase.
(d) The commissioner shall annually publish a report regarding funds allocated under this section including the programs, personnel, and resources purchased by districts using funds under this section and other purposes for which the funds were used.
(e) Notwithstanding any other law, a school district may use funds allocated under this section to provide training to a person authorized by the district to carry a firearm on a district campus.
(53) In SECTION 7.15 of the bill, in added Section 48.284(c), Education Code (page 227, line 24), strike "one-third" and substitute "80 percent".
(54) Add the following appropriately numbered SECTIONS to ARTICLE 7 of the bill:
SECTION 7.____. Section 28.0211, Education Code, is amended by adding Subsections (a-15) and (a-16) to read as follows:
(a-15) The agency shall approve high-impact tutoring providers for purposes of providing accelerated or supplemental instruction under this section. In approving a provider, the agency shall consider the requirements under Subsection (a-4).
(a-16) In contracting with a high-impact tutoring provider approved by the agency under Subsection (a-15), a school district may use an outcomes-based contract. The agency may approve an instrument necessary to collect, manage, and analyze student outcomes at scale for those providers.
SECTION 7.____. Section 37.0021(d), Education Code, is amended to read as follows:
(d) Subject to Subsection (j), the commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student with a disability receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must:
(1) be consistent with:
(A) professionally accepted practices and standards of student discipline and techniques for behavior management; and
(B) relevant health and safety standards;
(2) establish crisis prevention and intervention training requirements for school district personnel, including:
(A) standards for determining which personnel, including support staff and law enforcement, should receive the training and the amount of training each of those individuals should receive, prioritizing the amount of training and training that includes physical interventions based on the individual's risk of being involved in a student-involved crisis situation;
(B) recommendations for the minimum frequency of crisis prevention and intervention training as included in the continuing education and training clearinghouse published under Section 21.4514; and
(C) provisions allowing for any training required under this subsection to be combined with or substituted for other related required training if a majority of the content in the related training addresses content in the training required under this subsection, including:
(i) trauma-informed care training required under Section 38.036; and
(ii) training on strategies for establishing and maintaining positive relationships among students, including conflict resolution, required under Section 21.451(d)(3)(B) [identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique]; and
(3) require a school district to:
(A) provide written notification to the student's parent or person standing in parental relation to the student for each use of restraint that includes:
(i) the name of the student;
(ii) the name of the district employee or volunteer or independent contractor of the district who administered the restraint;
(iii) the date of the restraint;
(iv) the time that the restraint started and ended;
(v) the location of the restraint;
(vi) the nature of the restraint;
(vii) a description of the activity in which the student was engaged immediately preceding the use of the restraint;
(viii) the behavior of the student that prompted the restraint;
(ix) any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
(x) if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and
(xi) if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student's parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;
(B) include in a student's special education eligibility school records:
(i) a copy of the written notification provided to the student's parent or person standing in parental relation to the student under Paragraph (A);
(ii) information on the method by which the written notification was sent to the parent or person; and
(iii) the contact information for the parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student's plan, including a description of the behavior that prompted the time-out.
SECTION 7.____. Section 37.108(b-1), Education Code, is amended to read as follows:
(b-1) In a school district's safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school safety allotment under Section 48.160 [48.115] only for the purposes provided by that section.
SECTION 7.____. Section 37.117(c), Education Code, as added by Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:
(c) To comply with this section, a school district or open-enrollment charter school may:
(1) use funds provided to the district or school through the school safety allotment under Section 48.160 [48.115] or other available funds; and
(2) use the district's or school's customary procurement process.
SECTION 7.____. Section 37.354(a), Education Code, is amended to read as follows:
(a) The commissioner may authorize a school district to use money provided to the district for the purpose of improving school safety and security, including the school safety allotment under Section 48.160 [48.115] or any other funding or grant money available to the district for that purpose, to comply with the requirements of this subchapter.
SECTION 7.____. Subchapter D, Chapter 48, Education Code, is amended by adding Section 48.161 to read as follows:
Sec. 48.161. ALLOTMENT FOR BASIC COSTS. (a) A school district is entitled to an annual allotment of $106 for each student enrolled in the district.
(b) Money allocated under this section may be used only to pay costs associated with:
(1) transportation;
(2) hiring retired teachers;
(3) providing health insurance and employee benefits and paying for payroll taxes;
(4) contributions and other costs under Subchapter E, Chapter 825, Government Code; and
(5) utilities.
(55) Renumber all SECTIONS of the bill accordingly.
The amendment to CSHB 2 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
VOTE RECONSIDERED
On motion of Senator Creighton and by unanimous consent, the vote by which Floor Amendment No. 1 was adopted was reconsidered.
Question: Shall Floor Amendment No. 1 to CSHB 2 be adopted?
Senator Creighton offered the following amendment to Floor Amendment No. 1:
Floor Amendment No. 2
Amend Floor Amendment No. 1 by Creighton (89R32754) to CSHB 2 on page 22, lines 20-21, as follows:
(1) On page 22, line 20 strike "and"
(2) On page 22, line 21 between "utilities" and the underlined period, insert the following:
; and
(6) property and casualty insurance
The amendment to Floor Amendment No. 1 to CSHB 2 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Question recurring on the adoption of Floor Amendment No. 1 to CSHB 2, the amendment as amended was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 as amended.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 2 (89R 31606) in SECTION 5.10 of the bill, in added Section 28.0071, Education Code, as follows:
(1) In the section heading (page 158, line 25), strike "EIGHTH" and substitute "THIRD".
(2) In Subsection (a)(1) (page 159, line 2), strike "eighth" and substitute "third".
The amendment to CSHB 2 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
Senator Creighton offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSHB 2 (89R 31606) as follows:
(1) In SECTION 6.03 of the bill, in amended Section 11.186(b), Education Code (page 185), strike lines 4 through 22 and substitute the following:
(3) assign at least one district-level administrator
(2) In SECTION 6.03 of the bill, in amended Section 11.186(b), Education Code (page 186, line 3), strike "(6) [(4)]" and substitute "(4)".
(3) In SECTION 6.03 of the bill, in added Section 11.186(d), Education Code (page 186, line 10), strike "(b)(5)(B) [(b)(3)(B)]" and substitute "(b)(3)(B)".
(4) In SECTION 6.03 of the bill, in added Section 11.186(d), Education Code (page 186, line 14), strike "(b)(6)" and substitute "(b)(4)".
(5) In SECTION 6.03 of the bill, in added Section 11.186(e), Education Code (page 186, line 19), strike "(b)(5)(B)" and substitute "(b)(3)(B)".
(6) In SECTION 6.03 of the bill, in added Section 11.186(f), Education Code (page 186, line 22), strike "(b)(5)(B)" and substitute "(b)(3)(B)".
(7) Strike SECTIONS 6.12 and 6.13 of the bill, amending Section 39.053, Education Code, and adding Section 39.0531, Education Code (page 194, line 25 through page 202, line 12).
(8) In SECTION 6.26 of the bill, in amended Section 312.003(a), Labor Code (page 210), strike lines 8 through 12 and substitute the following:
and
(2) serve as an entry point to middle- and high-wage jobs.
(9) Strike SECTIONS 6.30 and 6.31 of the bill, adding transition language (page 211, lines 15 through 22).
(10) Renumber SECTIONS of the article accordingly.
The amendment to CSHB 2 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 4.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 5
Amend CSHB 2 (89R 31606) in Article 4 of the bill as follows:
(1) Strike SECTION 4.10 of the bill, adding Section 29.0056, Education Code (page 72, line 15, through page 73, line 4), and renumber subsequent SECTIONS of the article accordingly.
(2) In SECTION 4.16 of the bill, in amended Section 29.013(a), Education Code (page 79, at the end of line 18), insert "The rules must include factors for determining whether a student is at risk of being placed in a residential program approved under Section 29.008.".
The amendment to CSHB 2 was read.
Senator Menéndez withdrew Floor Amendment No. 5.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 6
Amend CSHB 2 (senate committee report) by adding the following appropriately numbered SECTIONS to ARTICLE 7 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION ____. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.4572 to read as follows:
Sec. 21.4572. TRAINING FOR SCHOOL ADMINISTRATORS: BILINGUAL EDUCATION AND DUAL LANGUAGE IMMERSION. The commissioner, in collaboration with relevant stakeholders, shall develop and make available training materials and other training resources to increase school administrators' understanding of and improve student outcomes for:
(1) bilingual education programs offered under Section 29.053; and
(2) dual language immersion programs described by Section 28.0051.
SECTION ____. Section 29.066(a), Education Code, is amended to read as follows:
(a) A school district that is required to offer bilingual education or special language programs shall include the following information in the district's Public Education Information Management System (PEIMS) report:
(1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs;
(2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; [and]
(3) the number and percentage of students identified as emergent bilingual students who do not receive specialized instruction; and
(4) any other information required by the agency under Section 29.068(b).
SECTION ____. Subchapter B, Chapter 29, Education Code, is amended by adding Section 29.068 to read as follows:
Sec. 29.068. AGENCY MONITORING. (a) The agency shall adopt rules providing for robust monitoring of bilingual education and special language programs. The rules must require the agency to:
(1) review bilingual education and special language program requirements to ensure those requirements prioritize meeting student needs and closing learning gaps for emergent bilingual students; and
(2) engage directly with school districts offering bilingual education or special language programs to improve outcomes for emergent bilingual students, including by identifying districts offering programs with deficiencies and providing technical assistance to those districts.
(b) Rules adopted under Subsection (a) may include requiring school districts that offer bilingual education or special language programs to provide additional information relevant to the programs through the Public Education Information Management System (PEIMS) under Section 29.066.
The amendment to CSHB 2 was read.
Senator Menéndez withdrew Floor Amendment No. 6.
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 7
Amend CSHB 2 (89R31606) in SECTION 2.04, in added Section 21.0032, Education Code, as follows:
(1) In added Subsection (a) (page 15, line 2), between "district" and "may", insert "or open-enrollment charter school".
(2) In added Subsection (a) (page 15, line 3), between "record" and "for", insert "or classroom teacher".
(3) In added Subsection (a-1) (page 15, line 8), between "district" and "to", insert "or open-enrollment charter school".
(4) In added Subsection (a-1) (page 15, line 11), between "district" and "to", insert "or school".
The amendment to CSHB 2 was read.
Senator Menéndez withdrew Floor Amendment No. 7.
(President in Chair)
Senator Menéndez offered the following amendment to the bill:
Floor Amendment No. 8
Amend CSHB 2 (89R 31606) by adding the following appropriately numbered SECTIONS to Article 7 of the bill and renumbering subsequent SECTIONS of that article accordingly:
SECTION ____. (a) The Texas Education Agency, in collaboration with the Legislative Budget Board, shall conduct a study regarding state assistance for the uniform group coverage program for active school employees. The study must include:
(1) an evaluation of the amount by which costs for coverage under the program have increased since the last increase in the amount of the state's contribution under Section 1579.251, Insurance Code; and
(2) cost estimates for increasing the state's contribution under Section 1579.251, Insurance Code, based on:
(A) an across-the-board increase in the amount of the state contribution; and
(B) an increase in the amount of the state contribution based on whether the employee has been employed by a participating entity, as defined by Section 1579.002, Insurance Code, for 5, 10, or 20 or more years.
(b) Not later than September 1, 2026, the Texas Education Agency, in collaboration with the Legislative Budget Board, shall provide to the legislature a written report that includes the results of the study conducted under Subsection (a) of this section and any recommendations for legislative or other action based on the study.
(c) This section expires September 1, 2027.
SECTION ____. (a) In this section:
(1) "Agency" means the Texas Education Agency.
(2) "Office" means the State Office of Risk Management.
(b) The office shall, in collaboration with the agency, conduct an interim study on the costs of insuring public school real property, using information provided by the agency, to develop a statewide strategy to lower the costs of property and casualty insurance for public schools in this state while ensuring that all real property owned by public schools in this state, including buildings, facilities, and land, is adequately insured.
(c) The agency shall require each school district and open-enrollment charter school to submit to the agency by a date prescribed by the agency the following information:
(1) the total insurable value of each building or facility owned or leased by the district or school;
(2) the costs of property damage incurred by the district or school during the preceding 10 years;
(3) the cost of property and casualty insurance to insure all of the district's or school's assets; and
(4) the district's or school's protocols for replacing or repairing damaged property.
(d) The agency shall report the information submitted by each school district and open-enrollment charter school to the office by a date prescribed by the office.
(e) In conducting the interim study under Subsection (b) of this section, the office shall collect information and solicit input from risk pools in which school districts and open-enrollment charter schools participate.
(f) Not later than September 1, 2026, the office shall prepare and submit to the legislature and each risk pool described by Subsection (e) of this section a report regarding the office's findings and recommendations based on the interim study conducted under this section. The report must include recommendations regarding:
(1) a statewide strategy to lower the costs of property and casualty insurance for public schools in this state while ensuring that all real property owned by public schools in this state is adequately insured;
(2) actions school districts and open-enrollment charter schools can individually take to alleviate property and casualty insurance costs;
(3) actions risk pools in which school districts and open-enrollment charter schools participate can take to lower costs and remain resilient in the long term; and
(4) if the office recommends creating a statewide risk pool to provide property and casualty insurance to school districts and open-enrollment charter schools, the amount necessary for the state to allocate to create that risk pool and the estimated savings from operating a risk pool.
(g) This section expires September 1, 2027.
The amendment to CSHB 2 was read.
Senator Menéndez withdrew Floor Amendment No. 8.
CSHB 2 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 205 to Committee on Finance.
HB 220 to Committee on State Affairs.
HB 561 to Committee on Economic Development.
HB 2078 to Committee on Water, Agriculture, and Rural Affairs.
HB 2300 to Committee on State Affairs.
HB 2652 to Committee on Economic Development.
HB 3335 to Committee on Local Government.
HB 3441 to Committee on State Affairs.
HB 4212 to Committee on Natural Resources.
HB 4879 to Committee on State Affairs.
HB 5228 to Committee on Criminal Justice.
HB 5616 to Committee on Economic Development.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Bettencourt and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Local Government might meet upon adjournment today in the Betty King Committee Room, 2E.20, and consider the following bills: HB 5671, HB 5688, HB 5695.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Kolkhorst and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services might meet at 8:00 a.m. tomorrow in the Senate Chamber and consider the following bills:
HB 50, HB 632, HB 2399, HB 2542, HB 2655, HB 3748, HB 3750, HB 4070.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Huffman and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Finance might meet at 10:30 a.m. tomorrow and consider the following bills:
HB 3010, HB 3254, HB 4144.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Water, Agriculture, and Rural Affairs might meet at 8:00 a.m. tomorrow and consider HB 2078.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Schwertner and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Business and Commerce might meet at 8:00 a.m. tomorrow and consider the following bills: HB 3320, HB 3778, HB 3923, HB 4233, HB 5435.
CO-SPONSORS OF HOUSE BILL 2
On motion of Senator Creighton, Senators Bettencourt, Birdwell, Blanco, Campbell, Hagenbuch, Hancock, J. Hinojosa, Huffman, King, Menéndez, Paxton, Schwertner, Sparks, West, and Zaffirini will be shown as Co-sponsors of HB 2.
CO-SPONSORS OF HOUSE BILL 6
On motion of Senator Perry, Senators Bettencourt, Campbell, Hall, Hancock, Kolkhorst, Middleton, Paxton, Schwertner, and Sparks will be shown as Co-sponsors of HB 6.
CO-SPONSOR OF HOUSE BILL 20
On motion of Senator Schwertner, Senator Hagenbuch will be shown as Co-sponsor of HB 20.
CO-SPONSORS OF HOUSE BILL 43
On motion of Senator Sparks, Senators Blanco and J. Hinojosa will be shown as Co-sponsors of HB 43.
CO-SPONSOR OF HOUSE BILL 322
On motion of Senator Zaffirini, Senator Campbell will be shown as Co-sponsor of HB 322.
CO-SPONSOR OF HOUSE BILL 581
On motion of Senator Hughes, Senator Hagenbuch will be shown as Co-sponsor of HB 581.
CO-SPONSOR OF HOUSE BILL 1056
On motion of Senator Hughes, Senator Middleton will be shown as Co-sponsor of HB 1056.
CO-SPONSORS OF HOUSE BILL 1393
On motion of Senator Bettencourt, Senators Alvarado and Menéndez will be shown as Co-sponsors of HB 1393.
CO-SPONSORS OF HOUSE BILL 1481
On motion of Senator Creighton, Senators Campbell and A. Hinojosa will be shown as Co-sponsors of HB 1481.
CO-SPONSOR OF HOUSE BILL 2011
On motion of Senator Paxton, Senator Kolkhorst will be shown as Co-sponsor of HB 2011.
CO-SPONSOR OF HOUSE BILL 2516
On motion of Senator Schwertner, Senator Blanco will be shown as Co-sponsor of HB 2516.
CO-SPONSOR OF HOUSE BILL 2518
On motion of Senator A. Hinojosa, Senator J. Hinojosa will be shown as Co-sponsor of HB 2518.
CO-SPONSOR OF HOUSE BILL 2529
On motion of Senator Huffman, Senator Blanco will be shown as Co-sponsor of HB 2529.
CO-SPONSOR OF HOUSE BILL 2564
On motion of Senator King, Senator J. Hinojosa will be shown as Co-sponsor of HB 2564.
CO-SPONSOR OF HOUSE BILL 2674
On motion of Senator Hagenbuch, Senator A. Hinojosa will be shown as Co-sponsor of HB 2674.
CO-SPONSOR OF HOUSE BILL 2765
On motion of Senator Zaffirini, Senator Blanco will be shown as Co-sponsor of HB 2765.
CO-SPONSOR OF HOUSE BILL 2851
On motion of Senator Kolkhorst, Senator Cook will be shown as Co-sponsor of HB 2851.
CO-SPONSOR OF HOUSE BILL 3062
On motion of Senator Zaffirini, Senator Campbell will be shown as Co-sponsor of HB 3062.
CO-SPONSOR OF HOUSE BILL 3073
On motion of Senator Paxton, Senator Zaffirini will be shown as Co-sponsor of HB 3073.
CO-SPONSOR OF HOUSE BILL 3234
On motion of Senator Menéndez, Senator Campbell will be shown as Co-sponsor of HB 3234.
CO-SPONSOR OF HOUSE BILL 3629
On motion of Senator Zaffirini, Senator Campbell will be shown as Co-sponsor of HB 3629.
CO-SPONSOR OF HOUSE BILL 4236
On motion of Senator Bettencourt, Senator J. Hinojosa will be shown as Co-sponsor of HB 4236.
CO-SPONSORS OF HOUSE BILL 4429
On motion of Senator Hancock, Senators Campbell and King will be shown as Co-sponsors of HB 4429.
CO-SPONSOR OF HOUSE BILL 4623
On motion of Senator Paxton, Senator King will be shown as Co-sponsor of HB 4623.
CO-SPONSOR OF HOUSE BILL 4751
On motion of Senator Parker, Senator Bettencourt will be shown as Co-sponsor of HB 4751.
CO-SPONSOR OF HOUSE BILL 5246
On motion of Senator Huffman, Senator Campbell will be shown as Co-sponsor of HB 5246.
CO-SPONSORS OF HOUSE BILL 5323
On motion of Senator Hancock, Senators Eckhardt and Menéndez will be shown as Co-sponsors of HB 5323.
RECESS
On motion of Senator Zaffirini, the Senate at 11:14 p.m. recessed until 12:00 p.m. tomorrow.
APPENDIX
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 22, 2025
FINANCE — CSHB 3487, CSHB 3486, CSHB 4226
HEALTH AND HUMAN SERVICES — HB 216, HB 742, HB 2402
NATURAL RESOURCES — CSSB 3074, CSHB 143, CSHB 5033, HB 4413, HB 4042, HB 2440, HB 4426, HB 49, CSHB 4112
HEALTH AND HUMAN SERVICES — CSHB 3233, CSSB 1380
EDUCATION K-16 — HB 2310, HB 5515, HB 3627, HB 2674, HB 322, HB 1481, HB 126, HB 3062
JURISPRUDENCE — HB 3421, HB 3180, HB 2530, HB 2524, HB 1916
HEALTH AND HUMAN SERVICES — CSHB 3153
LOCAL GOVERNMENT — HB 5650, HB 4894, HB 3120, HB 1629, HB 103, HB 3234, HB 3680, HJR 133, HB 5698, HB 3171, HB 5693, HB 2694, HB 5664, HB 3732, HB 2508, HB 2293, HB 1991, HB 2014
BUSINESS AND COMMERCE — CSHB 5331, CSHB 5247, HB 4751, HB 4690, HB 4668, CSHB 4464, HB 4395, HB 4063, HB 3833, HB 3623, HB 3214, CSHB 3512, CSHB 3250, CSHB 3016, HB 2520, CSHB 2221, HB 2213, CSHB 3824, CSHB 2067, HB 1732, HB 1562, HB 700, CSHB 1545, CSHB 252, HB 146
ECONOMIC DEVELOPMENT — HCR 141, HCR 118, CSHB 5596, HCR 127, HB 1851
NATURAL RESOURCES — CSHB 3619, CSHB 3071, CSHB 3556
BORDER SECURITY — HCR 40
LOCAL GOVERNMENT — CSHB 851
ECONOMIC DEVELOPMENT — HB 4230
LOCAL GOVERNMENT — HB 5320, HB 5651, HB 5670, HB 5665, HB 5437, HB 5679, HB 5699, HB 5661, HB 5662, HB 5654, HB 5672, HB 5656
BILLS AND RESOLUTIONS ENROLLED
May 22, 2025
SB 231, SB 482, SB 493, SB 523, SB 841, SB 896, SB 963, SB 1184, SB 1241, SB 1350, SB 1383, SB 1388, SB 1455, SB 1493, SB 1559, SB 1814, SB 1883, SB 1951, SB 1968, SB 2001, SB 2143, SR 530, SR 552, SR 555, SR 556
SENT TO SECRETARY OF STATE
May 22, 2025
SJR 2, SJR 85
SENT TO GOVERNOR
May 22, 2025
SB 60, SB 231, SB 523, SB 565, SB 627, SB 670, SB 706, SB 739, SB 764, SB 896, SB 917, SB 963, SB 971, SB 991, SB 1184, SB 1220, SB 1252, SB 1255, SB 1261, SB 1283, SB 1371, SB 1383, SB 1455, SB 1728, SB 1733, SB 1762, SB 1804, SB 1814, SB 1816, SB 1883, SB 1952, SB 1968, SB 2068, SB 2185, SB 2383