SIXTY-FIFTH DAY --- THURSDAY, MAY 7, 2015
The house met at 10:06 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 685).
Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Absent, Excused — Spitzer.
Absent — Dutton.
The speaker recognized Representative Riddle who introduced Rabbi Daniel A. Septimus, executive director, Texas Hillel, Austin, who offered the invocation as follows:
O guardian of life and liberty, may our great State of Texas and nation always merit your protection. Teach us to give thanks for what we have by sharing it with those who are in need. Keep our eyes open to the wonders of creation and alert to the care of the Earth. May we never be lazy in the work of peace; may we honor those who have died in defense of our ideals. Grant our leaders of this great state, the leaders of the Texas House of Representatives, wisdom and forbearance. May they govern with justice and compassion. Help us all to appreciate one another and to respect the many ways that we may serve you. May our homes be safe from affliction and strife and our state and country be sound in body and spirit. Baruch Atah Adonai, chonen hadaat. Blessed are you, Adonai, who graces us with knowledge. Amen.
The speaker recognized Representative E. S. Turner who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business in the district:
Spitzer on motion of R. Anderson.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Hunter requested permission for the Committee on Calendars to meet while the house is in session, at 10:30 a.m. today, in 3W.15, to set a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 10:30 a.m. today, 3W.15, for a formal meeting, to set a calendar.
(Hughes in the chair)
CAPITOL PHYSICIAN
The chair recognized Representative Israel who presented Dr. Erica W. Swegler of Austin as the "Doctor for the Day."
The house welcomed Dr. Swegler and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Wu and by unanimous consent, the reading and referral of bills was postponed until just prior to final recess.
INTRODUCTION OF GUESTS
The chair recognized Representative Raney who introduced representatives of Texas A&M University.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business in the district:
Isaac on motion of Frank.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).
HR 2443 - ADOPTED
(by Meyer)
Representative Meyer moved to suspend all necessary rules to take up and consider at this time HR 2443.
The motion prevailed.
The following resolution was laid before the house:
HR 2443, Honoring Dr. Dawson Orr for his service as superintendent of the Highland Park Independent School District.
HR 2443 was adopted.
HR 2456 - ADOPTED
(by Guillen)
Representative Guillen moved to suspend all necessary rules to take up and consider at this time HR 2456.
The motion prevailed.
The following resolution was laid before the house:
HR 2456, Congratulating the 2015 Texas Commission on the Arts honorees.
HR 2456 was adopted.
On motion of Representative Kacal, the names of all the members of the house were added to HR 2456 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Guillen who introduced the 2015 Texas Commission on the Arts honorees.
HR 2402 - ADOPTED
(by Price)
Representative Price moved to suspend all necessary rules to take up and consider at this time HR 2402.
The motion prevailed.
The following resolution was laid before the house:
HR 2402, Commemorating the 800th anniversary of the Magna Carta.
HR 2402 was adopted.
On motion of Representatives Krause, Kacal, and Raney, the names of all the members of the house were added to HR 2402 as signers thereof.
HR 2457 - ADOPTED
(by Guillen)
Representative Guillen moved to suspend all necessary rules to take up and consider at this time HR 2457.
The motion prevailed.
The following resolution was laid before the house:
HR 2457, Congratulating the 2016 Texas Commission on the Arts honorees.
HR 2457 was adopted.
On motion of Representatives Kacal and Raymond, the names of all the members of the house were added to HR 2457 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Guillen who introduced the 2016 Texas Commission on the Arts honorees.
HR 1982 - ADOPTED
(by P. King)
Representative P. King moved to suspend all necessary rules to take up and consider at this time HR 1982.
The motion prevailed.
The following resolution was laid before the house:
HR 1982, Congratulating Dana Ables on her retirement from the Millsap Independent School District.
HR 1982 was adopted.
RULES SUSPENDED
Representative Hunter moved to suspend all necessary rules to place HJR 79, HB 22, HB 118, HB 170, HB 207, HB 678, HB 849, HB 852, HB 1059, HB 1136, HB 1238, HB 1267, HB 1278, HB 1340, HB 1346, HB 1371, HB 1390, HB 1403, HB 1513, HB 1668, HB 1670, HB 1955, HB 1998, HB 2067, HB 2081, HB 2096, HB 2346, HB 2392, HB 2398, HB 2465, HB 2486, HB 2498, HB 2524, HB 2544, HB 2676, HB 2739, HB 2745, HB 2785, HB 2835, HB 2894, HB 2950, HB 2996, HB 3024, HB 3028, HB 3032, HB 3039, HB 3043, HB 3077, HB 3093, HB 3094, HB 3190, HB 3248, HB 3404, HB 3439, HB 3475, HB 3519, HB 3561, HB 3677, HB 3777, HB 3846, HB 3897, HB 3938, and HB 3987 on the revised daily calendar set for tomorrow.
The motion prevailed by (Record 686): 144 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Hughes(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dutton; Phelan.
HR 1218 - PREVIOUSLY ADOPTED
(by Harless)
The chair laid out and had read the following previously adopted resolution:
HR 1218, In memory of Roy Dowell Hailey of Houston.
On motion of Representative Burkett, the names of all the members of the house were added to HR 1218 as signers thereof.
HR 1774 - ADOPTED
(by Guillen)
Representative Guillen moved to suspend all necessary rules to take up and consider at this time HR 1774.
The motion prevailed.
The following resolution was laid before the house:
HR 1774, Commending Rene Garcia Gonzalez of Hebbronville for his military service in the Vietnam War.
HR 1774 was adopted.
On motion of Representative Schaefer, the names of all the members of the house were added to HR 1774 as signers thereof.
(Workman in the chair)
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 925 ON THIRD READING
(Aycock - House Sponsor)
SB 925, A bill to be entitled An Act relating to providing training academies for public school teachers who provide reading instruction to students in kindergarten through grade three.
SB 925 was passed by (Record 687): 126 Yeas, 13 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wray; Wu; Zedler; Zerwas.
Nays — Burrows; Hughes; Keough; Krause; Leach; Rinaldi; Sanford; Schaefer; Shaheen; Stickland; Tinderholt; Turner, E.S.; White, M.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Crownover; Dukes; Dutton; Martinez Fischer; McClendon; Moody; Thompson, S.
STATEMENTS OF VOTE
When Record No. 687 was taken, I was shown voting no. I intended to vote yes.
Keough
When Record No. 687 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
When Record No. 687 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 687 was taken, I was in the house but away from my desk. I would have voted yes.
Moody
When Record No. 687 was taken, I was shown voting no. I intended to vote yes.
M. White
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 971 ON SECOND READING
(Kacal - House Sponsor)
SB 971, A bill to be entitled An Act relating to requirements for certain farm vehicles when operating on a highway.
SB 971 was read second time on May 6 and was postponed until 9 a.m. today.
SB 971 was passed to third reading.
SB 797 ON SECOND READING
(Guerra - House Sponsor)
SB 797, A bill to be entitled An Act relating to a grant program to reduce wait times for agricultural inspections of vehicles at ports of entry along the Texas-Mexico border.
SB 797 was read second time on May 6, postponed until 4:40 p.m. May 6, and was again postponed until 9 a.m. today.
Amendment No. 1
Representative C. Anderson offered the following amendment to SB 797:
Amend SB 797 (house committee report) in SECTION 1 of the bill as follows:
(1) In proposed Section 12.050(h), Agriculture Code, between the first and second sentences of the proposed subsection (page 2, line 21), insert "The department may not award a grant to a nonprofit organization until the department certifies that the nonprofit organization has the matching funds.".
(2) Add the following appropriately designated subsections to proposed Section 12.050, Agriculture Code, and redesignate the other subsections of that proposed section as appropriate:
( ) The total amount of grants awarded under this section may not exceed $725,000 for the duration of the program.
( ) Not later than January 15, 2017, the department shall evaluate the performance of the program under this section and submit a report to the legislature. The report must include an evaluation of agricultural inspections affected by the program, including the extent to which the program is reducing wait times for agricultural inspections of vehicles at ports of entry along the border with the United Mexican States.
( ) Unless continued in existence by the legislature, this section expires September 1, 2017.
Amendment No. 1 was adopted.
SB 797, as amended, was passed to third reading by (Record 688): 95 Yeas, 46 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Burns; Burrows; Canales; Capriglione; Coleman; Collier; Cook; Crownover; Cyrier; Dale; Davis, S.; Davis, Y.; Dukes; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Hunter; Israel; Johnson; Kacal; Keffer; King, K.; King, S.; King, T.; Koop; Landgraf; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Peña; Phillips; Pickett; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Simmons; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; Villalba; Vo; Walle; White, J.; Wu; Zedler; Zerwas.
Nays — Anderson, R.; Bell; Bohac; Bonnen, D.; Bonnen, G.; Button; Craddick; Darby; Elkins; Faircloth; Fallon; Flynn; Geren; Goldman; Huberty; Hughes; Keough; King, P.; Klick; Krause; Kuempel; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Paul; Phelan; Price; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simpson; Smith; Smithee; Stickland; Tinderholt; Turner, E.S.; VanDeaver; White, M.; Wray.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Burkett; Clardy; Deshotel; Dutton; Raney.
STATEMENTS OF VOTE
When Record No. 688 was taken, I was shown voting yes. I intended to vote no.
Farney
When Record No. 688 was taken, I was shown voting yes. I intended to vote no.
Frullo
When Record No. 688 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 688 was taken, I was shown voting yes. I intended to vote no.
Parker
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 2493 ON THIRD READING
(by Parker, Capriglione, et al.)
HB 2493, A bill to be entitled An Act relating to the self-directed and semi-independent status of the State Securities Board; authorizing fees.
HB 2493 was passed by (Record 689): 126 Yeas, 15 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Anderson, R.; Burrows; Harless; Hughes; Keough; Krause; Leach; Minjarez; Rinaldi; Schaefer; Simpson; Stickland; Tinderholt; Turner, E.S.; White, J.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Deshotel; Dukes; Dutton; McClendon; Raney.
STATEMENTS OF VOTE
When Record No. 689 was taken, I was shown voting yes. I intended to vote no.
Cyrier
When Record No. 689 was taken, I was shown voting no. I intended to vote yes.
Keough
When Record No. 689 was taken, my vote failed to register. I would have voted yes.
McClendon
When Record No. 689 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 689 was taken, I was shown voting yes. I intended to vote no.
Shaheen
When Record No. 689 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 2870 ON THIRD READING
(by Alonzo)
HB 2870, A bill to be entitled An Act relating to the regulation of firefighters and fire departments by the Texas Commission on Fire Protection.
HB 2870 was passed by (Record 690): 82 Yeas, 58 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Bernal; Blanco; Button; Canales; Capriglione; Coleman; Collier; Cook; Cyrier; Dale; Davis, S.; Davis, Y.; Deshotel; Faircloth; Farias; Farrar; Frullo; Galindo; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; King, P.; King, T.; Kuempel; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Miles; Miller, D.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Parker; Peña; Phillips; Pickett; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheets; Sheffield; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wu; Zerwas.
Nays — Anderson, R.; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Craddick; Crownover; Darby; Elkins; Fallon; Fletcher; Flynn; Frank; Geren; Goldman; Huberty; Keough; King, K.; King, S.; Klick; Koop; Krause; Landgraf; Larson; Leach; Metcalf; Meyer; Miller, R.; Minjarez; Murr; Otto; Paddie; Paul; Phelan; Price; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Clardy; Dukes; Dutton; Farney; McClendon; Raney.
STATEMENTS OF VOTE
When Record No. 690 was taken, I was shown voting yes. I intended to vote no.
C. Anderson
When Record No. 690 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 690 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 690 was taken, I was shown voting no. I intended to vote yes.
Minjarez
When Record No. 690 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 638 ON THIRD READING
(by Anchia and Simmons)
HB 638, A bill to be entitled An Act relating to annuity payments to surviving spouses and designated beneficiaries of persons wrongfully imprisoned.
HB 638 was passed by (Record 691): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; McClendon; Raney.
STATEMENT OF VOTE
When Record No. 691 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
HB 2341 ON THIRD READING
(by Darby, Parker, Murphy, S. Thompson, and Ashby)
HB 2341, A bill to be entitled An Act relating to the retention and use of sales tax revenue collected by certain retailers to provide job training and placement services to certain persons; adding provisions subject to a criminal penalty.
HB 2341 was passed by (Record 692): 133 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Laubenberg; Leach; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Schaefer; Simpson; Stickland; Tinderholt; Turner, E.S.; White, M.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Faircloth; Larson; Longoria; McClendon.
STATEMENTS OF VOTE
When Record No. 692 was taken, my vote failed to register. I would have voted yes.
Faircloth
When Record No. 692 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 692 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 3150 ON THIRD READING
(by Huberty and Hunter)
HB 3150, A bill to be entitled An Act relating to the calculation of taxable wages paid by a professional employer organization for purposes of the Texas Unemployment Compensation Act.
HB 3150 was passed by (Record 693): 143 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; McClendon.
STATEMENT OF VOTE
When Record No. 693 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
HB 996 ON THIRD READING
(by Parker, Fallon, and Crownover)
HB 996, A bill to be entitled An Act relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
HB 996 was passed by (Record 694): 97 Yeas, 44 Nays, 2 Present, not voting.
Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Gutierrez; Harless; Huberty; Hughes; Hunter; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Wray; Zerwas.
Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Farias; Farrar; Giddings; González; Hernandez; Herrero; Howard; Israel; Johnson; Longoria; Lucio; Márquez; Martinez; Martinez Fischer; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Guillen; McClendon; Zedler.
STATEMENTS OF VOTE
When Record No. 694 was taken, I was shown voting yes. I intended to vote no.
Guerra
When Record No. 694 was taken, I was shown voting yes. I intended to vote no.
Gutierrez
When Record No. 694 was taken, I was shown voting yes. I intended to vote no.
T. King
When Record No. 694 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 694 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
When Record No. 694 was taken, my vote failed to register. I would have voted yes.
Zedler
HB 710 ON THIRD READING
(by S. Turner, Guillen, Deshotel, and Miles)
HB 710, A bill to be entitled An Act relating to procedures for certain persons charged with a violation of a condition of release from the Texas Department of Criminal Justice on parole or to mandatory supervision.
HB 710 was passed by (Record 695): 139 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Bohac; Craddick; King, P.; Murr.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; McClendon.
STATEMENTS OF VOTE
When Record No. 695 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 695 was taken, I was shown voting yes. I intended to vote no.
Phillips
HB 838 ON THIRD READING
(by Naishtat, R. Anderson, and Guillen)
HB 838, A bill to be entitled An Act relating to coverage for serious mental illness under certain group health benefit plans.
HB 838 was passed by (Record 696): 77 Yeas, 64 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Ashby; Bernal; Blanco; Bohac; Burkett; Canales; Clardy; Coleman; Collier; Crownover; Davis, S.; Davis, Y.; Deshotel; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Hunter; Israel; Johnson; Kacal; Keffer; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Minjarez; Moody; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Peña; Pickett; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheets; Sheffield; Simpson; Smith; Turner, C.; Turner, S.; Villalba; Vo; Walle; Wu; Zerwas.
Nays — Anderson, C.; Aycock; Bell; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Capriglione; Cook; Craddick; Cyrier; Dale; Darby; Faircloth; Fallon; Flynn; Frank; Geren; Goldman; Huberty; Hughes; Keough; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Metcalf; Miller, D.; Miller, R.; Morrison; Murr; Paddie; Parker; Paul; Phelan; Phillips; Price; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simmons; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; VanDeaver; White, J.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Elkins; King, K.; King, T.
STATEMENTS OF VOTE
When Record No. 696 was taken, I was shown voting no. I intended to vote yes.
Cyrier
When Record No. 696 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 696 was taken, my vote failed to register. I would have voted no.
K. King
When Record No. 696 was taken, I was in the house but away from my desk. I would have voted yes.
T. King
When Record No. 696 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted no.
Workman
HB 3106 ON THIRD READING
(by Huberty and Phelan)
HB 3106, A bill to be entitled An Act relating to the period of time allowed for appointment of a board of managers for a school district.
HB 3106 was passed by (Record 697): 125 Yeas, 15 Nays, 3 Present, not voting.
Yeas — Allen; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Johnson; Kacal; Keffer; Keough; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Alonzo; Anchia; Bernal; Blanco; Collier; Davis, Y.; González; Guerra; Márquez; Martinez Fischer; Moody; Reynolds; Rodriguez, J.; Romero; Simpson.
Present, not voting — Mr. Speaker; Israel; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; King, K.; McClendon; Stickland.
STATEMENTS OF VOTE
When Record No. 697 was taken, I was shown voting no. I intended to vote yes.
Bernal
When Record No. 697 was taken, I was in the house but away from my desk. I would have voted yes.
K. King
When Record No. 697 was taken, I was shown voting yes. I intended to vote no.
C. Turner
HB 3538 ON THIRD READING
(by Smithee)
HB 3538, A bill to be entitled An Act relating to the adoption of the Uniform Interstate Family Support Act of 2008.
Amendment No. 1
Representative Smithee offered the following amendment to HB 3538:
Amend HB 3538 on third reading as follows:
(1) On page 8, line 27, between "Family Code," and "is amended", insert "as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015,".
(2) On page 9, lines 23 and 24, strike "bureau of vital statistics" and substitute "vital statistics unit".
Amendment No. 1 was adopted.
HB 3538, as amended, was passed by (Record 698): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Howard; Huberty; Klick; Laubenberg.
STATEMENT OF VOTE
When Record No. 698 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 2691 ON THIRD READING
(by T. King, Darby, et al.)
HB 2691, A bill to be entitled An Act relating to a sales and use tax exemption and an oil and gas severance tax credit for the use of alternative base fluids in energized fracturing operations; imposing a civil penalty.
HB 2691 was passed by (Record 699): 126 Yeas, 12 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; Villalba; Vo; Walle; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Klick; Krause; Rinaldi; Sanford; Schaefer; Shaheen; Simpson; Stickland; Tinderholt; Turner, E.S.; VanDeaver; White, J.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Ashby; Clardy; Dukes; Dutton; Farrar; Murphy; Phillips; Stephenson.
STATEMENTS OF VOTE
When Record No. 699 was taken, I was shown voting yes. I intended to vote no.
Bell
When Record No. 699 was taken, my vote failed to register. I would have voted yes.
Murphy
When Record No. 699 was taken, I was shown voting no. I intended to vote yes.
Sanford
HB 3517 ON THIRD READING
(by S. Davis)
HB 3517, A bill to be entitled An Act relating to requirements governing registration and authorized activities of certain lobbyists; expanding the applicability of an occupational registration.
HB 3517 was passed by (Record 700): 139 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Stickland.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Ashby; Clardy; Dukes; Dutton; Laubenberg; Naishtat.
HB 2186 ON THIRD READING
(by Cook, Harless, Coleman, Allen, Huberty, et al.)
HB 2186, A bill to be entitled An Act relating to suicide prevention training for certain educators and other employees of a school district.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Zerwas requested permission for the Committee on Higher Education to meet while the house is in session, at 12:30 p.m. today, in 3W.9, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Higher Education, 12:30 p.m. today, 3W.9, for a formal meeting, to consider pending business.
HB 2186 - (consideration continued)
Amendment No. 1
Representatives Coleman and Cook offered the following amendment to HB 2186:
Amend HB 2186 on third reading in amended Section 161.325(c-2), Health and Safety Code, between "Subsection (c-1)," and "[:", by inserting "the training must specifically address the prevention of youth suicide, and".
Amendment No. 1 was adopted.
HB 2186, as amended, was passed by (Record 701): 139 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Schaefer; Stickland.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Fallon; King, T.
STATEMENTS OF VOTE
When Record No. 701 was taken, my vote failed to register. I would have voted yes.
Fallon
When Record No. 701 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
When Record No. 701 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 416 ON THIRD READING
(by Riddle, Clardy, Bohac, R. Miller, Cyrier, et al.)
HB 416, A bill to be entitled An Act relating to requiring personnel of abortion facilities and certain other facilities performing abortions to complete training on human trafficking.
HB 416 was passed by (Record 702): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Blanco; Cook; Dukes; Dutton; Fallon; Phillips; Sheets; Thompson, E.
STATEMENTS OF VOTE
When Record No. 702 was taken, my vote failed to register. I would have voted yes.
Cook
When Record No. 702 was taken, my vote failed to register. I would have voted yes.
Fallon
When Record No. 702 was taken, my vote failed to register. I would have voted yes.
Phillips
When Record No. 702 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1036 ON THIRD READING
(by Johnson)
HB 1036, A bill to be entitled An Act relating to reporting requirements for certain injuries or deaths caused by peace officers and for certain injuries or deaths of peace officers.
HB 1036 was passed by (Record 703): 141 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Faircloth.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Coleman; Dukes; Dutton; Herrero.
STATEMENT OF VOTE
When Record No. 703 was taken, I was shown voting no. I intended to vote yes.
Faircloth
HB 1905 ON THIRD READING
(by Springer and Fallon)
HB 1905, A bill to be entitled An Act relating to the repeal of certain alcoholic beverage taxes and the tax on controlled substances.
HB 1905 was passed by (Record 704): 133 Yeas, 10 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Coleman; Collier; Hernandez; Lucio; Márquez; Minjarez; Phillips; Rodriguez, J.; Rose; Turner, E.S.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; González.
STATEMENTS OF VOTE
When Record No. 704 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 704 was taken, I was shown voting no. I intended to vote yes.
E. S. Turner
HB 2004 ON THIRD READING
(by Darby, Zerwas, and Guillen)
HB 2004, A bill to be entitled An Act relating to a pilot project to provide emergency telemedicine medical services in rural areas.
HB 2004 was passed by (Record 705): 141 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Tinderholt.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent — Dukes; Dutton; Gonzales.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on HB 1:
Otto on motion of Geren.
HB 839 ON THIRD READING
(by Naishtat)
HB 839, A bill to be entitled An Act relating to presumptive eligibility for Medicaid and the child health plan program for certain children.
HB 839 failed to pass by (Record 706): 65 Yeas, 74 Nays, 2 Present, not voting. (The vote was reconsidered on May 8, and HB 839 was amended and was passed by Record No. 830.)
Yeas — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Cook; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Farias; Farrar; Galindo; Geren; Giddings; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Israel; Johnson; Keough; King, T.; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Phillips; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Simpson; Smith; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu; Zerwas.
Nays — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Craddick; Cyrier; Dale; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Goldman; Gonzales; Huberty; Hughes; Kacal; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murr; Paddie; Parker; Paul; Peña; Phelan; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; VanDeaver; Villalba; White, J.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Dukes; Dutton; Elkins; Hunter; Keffer; Turner, E.S.
STATEMENTS OF VOTE
When Record No. 706 was taken, I was shown voting no. I intended to vote yes.
Burkett
When Record No. 706 was taken, I was shown voting yes. I intended to vote no.
Geren
When Record No. 706 was taken, I was shown voting yes. I intended to vote no.
Harless
When Record No. 706 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 706 was taken, I was shown voting yes. I intended to vote no.
Smith
When Record No. 706 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted no.
Workman
HB 1830 ON THIRD READING
(by Kuempel, Flynn, R. Miller, Guillen, et al.)
HB 1830, A bill to be entitled An Act relating to the regulation of amusement redemption machine game rooms.
HB 1830 was passed by (Record 707): 138 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Schofield; Tinderholt.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Button; Dukes; Dutton; Keffer.
STATEMENTS OF VOTE
When Record No. 707 was taken, I was shown voting yes. I intended to vote no.
Phillips
When Record No. 707 was taken, I was shown voting yes. I intended to vote no.
Schaefer
When Record No. 707 was taken, I was shown voting yes. I intended to vote no.
Simpson
When Record No. 707 was taken, I was shown voting yes. I intended to vote no.
Stickland
When Record No. 707 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 2123 ON THIRD READING
(by P. King, Fallon, and Flynn)
HB 2123, A bill to be entitled An Act relating to participation of the state military forces in the state group benefits program.
HB 2123 was passed by (Record 708): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Coleman; Deshotel; Dukes; Dutton; Keffer.
STATEMENT OF VOTE
When Record No. 708 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1541 ON THIRD READING
(by Burkett, S. Turner, Rose, S. King, and Guillen)
HB 1541, A bill to be entitled An Act relating to peer specialists, peer services, and the provision of those services under the medical assistance program.
HB 1541 was passed by (Record 709): 135 Yeas, 6 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wray; Wu; Zedler; Zerwas.
Nays — Krause; Rinaldi; Schaefer; Stickland; Tinderholt; White, M.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Dukes; Dutton; Kuempel; Simmons.
STATEMENT OF VOTE
When Record No. 709 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 483 ON THIRD READING
(by Capriglione, Fletcher, Flynn, Longoria, Parker, et al.)
HB 483, A bill to be entitled An Act relating to the establishment and administration of a state bullion depository; authorizing fees.
HB 483 was passed by (Record 710): 140 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Israel.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Coleman; Dukes; Dutton; Riddle.
STATEMENT OF VOTE
When Record No. 710 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1114 ON THIRD READING
(by Gonzales)
HB 1114, A bill to be entitled An Act relating to the authority with whom certain political committees must file reports of political contributions and expenditures.
HB 1114 was passed by (Record 711): 131 Yeas, 9 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Giddings; Goldman; Gonzales; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Wray; Wu; Zedler; Zerwas.
Nays — Bohac; Leach; Phillips; Schaefer; Shaheen; Stickland; Tinderholt; White, J.; White, M.
Present, not voting — Mr. Speaker; González; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Button; Dukes; Dutton; Geren.
STATEMENTS OF VOTE
When Record No. 711 was taken, I was shown voting yes. I intended to vote no.
Cyrier
When Record No. 711 was taken, I was in the house but away from my desk. I would have voted yes.
Geren
When Record No. 711 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on HB 1:
Gonzales on motion of Geren.
HB 3310 ON THIRD READING
(by Paul, Flynn, D. Bonnen, and Fallon)
HB 3310, A bill to be entitled An Act relating to the funding policies, actuarial valuations, and reporting requirements of certain public retirement systems.
HB 3310 was passed by (Record 712): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; Dutton.
STATEMENT OF VOTE
When Record No. 712 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 3476 ON THIRD READING
(by Coleman and Guillen)
HB 3476, A bill to be entitled An Act relating to the provision and reimbursement of, or benefits for, home telemonitoring services, telemedicine medical services, and telehealth services under Medicaid and certain health benefit plans provided to certain retired public employees.
HB 3476 was passed by (Record 713): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Ashby; Dukes; Dutton.
STATEMENT OF VOTE
When Record No. 713 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1305 ON THIRD READING
(by G. Bonnen and Paul)
HB 1305, A bill to be entitled An Act relating to a program to provide a free or reduced-price breakfast to eligible students attending a public school and the method of determining the number of educationally disadvantaged students.
HB 1305 was passed by (Record 714): 138 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Lucio; Rose.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Anchia; Dukes; Dutton; Sheets.
STATEMENTS OF VOTE
When Record No. 714 was taken, I was shown voting no. I intended to vote yes.
Lucio
When Record No. 714 was taken, I was shown voting no. I intended to vote yes.
Rose
When Record No. 714 was taken, my vote failed to register. I would have voted yes.
Sheets
When Record No. 714 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HR 2547 - ADOPTED
(by Longoria)
Representative Longoria moved to suspend all necessary rules to take up and consider at this time HR 2547.
The motion prevailed.
The following resolution was laid before the house:
HR 2547, In memory of Dr. Morton Levy.
HR 2547 was unanimously adopted by a rising vote.
On motion of Representative Guerra, the names of all the members of the house were added to HR 2547 as signers thereof.
HR 2455 - ADOPTED
(by Vo)
Representative Vo moved to suspend all necessary rules to take up and consider at this time HR 2455.
The motion prevailed.
The following resolution was laid before the house:
HR 2455, Recognizing May 7, 2015, as Salad Day and commending the owners/operators of Texas McDonald's restaurants for their contributions to the state's economy.
HR 2455 was adopted.
On motion of Representative Hughes, the names of all the members of the house were added to HR 2455 as signers thereof.
HB 1230 ON THIRD READING
(by R. Anderson)
HB 1230, A bill to be entitled An Act relating to the prosecution of certain offenses involving the operation of an overweight vehicle.
HB 1230 was passed by (Record 715): 132 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Stickland; Tinderholt; White, J.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Anderson, C.; Dukes; Dutton; Fletcher; Leach; Naishtat; Phelan; Thompson, E.; Thompson, S.
STATEMENTS OF VOTE
When Record No. 715 was taken, I was in the house but away from my desk. I would have voted yes.
Phelan
When Record No. 715 was taken, I was in the house but away from my desk. I would have voted yes.
E. Thompson
HB 1542 ON THIRD READING
(by Paddie)
HB 1542, A bill to be entitled An Act relating to the use of digital message display systems in certain public facilities.
HB 1542 was passed by (Record 716): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Anderson, C.; Dukes; Dutton; Faircloth; Moody; Stickland; Thompson, S.
STATEMENTS OF VOTE
When Record No. 716 was taken, my vote failed to register. I would have voted yes.
Faircloth
When Record No. 716 was taken, I was in the house but away from my desk. I would have voted no.
Stickland
(Dutton now present)
HB 682 ON THIRD READING
(by Sheets, Capriglione, R. Miller, Schaefer, and Guillen)
HB 682, A bill to be entitled An Act relating to an exemption from the motor vehicle sales and use tax for certain military servicemembers serving on active duty.
HB 682 was passed by (Record 717): 140 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; González; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; Stickland; Thompson, E.
STATEMENTS OF VOTE
When Record No. 717 was taken, I was in the house but away from my desk. I would have voted no.
Stickland
When Record No. 717 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 912 ON THIRD READING
(by Isaac)
HB 912, A bill to be entitled An Act relating to the dismissal of protests against certain decisions and actions of the Texas Commission on Environmental Quality regarding wastewater discharge permits.
Representative P. King moved to postpone consideration of HB 912 until 3 p.m. today.
The motion prevailed.
HB 823 ON THIRD READING
(by Wu)
HB 823, A bill to be entitled An Act relating to criminal liability for certain federal motor carrier safety regulation violations; increasing a criminal penalty.
HB 823 was passed by (Record 718): 126 Yeas, 17 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Wray; Wu; Zerwas.
Nays — Anderson, R.; Cyrier; Flynn; Frank; Hughes; Klick; Krause; Laubenberg; Rinaldi; Schaefer; Shaheen; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Zedler.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes.
STATEMENTS OF VOTE
When Record No. 718 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 718 was taken, I was shown voting yes. I intended to vote no.
Sanford
When Record No. 718 was taken, I was shown voting yes. I intended to vote no.
Springer
HB 554 ON THIRD READING
(by Springer, Pickett, Simmons, Guillen, Frank, et al.)
HB 554, A bill to be entitled An Act relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.
HB 554 was passed by (Record 719): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Darby; Davis, Y.; Dukes; Pickett; Simmons.
STATEMENTS OF VOTE
When Record No. 719 was taken, I was shown voting yes. I intended to vote no.
Giddings
When Record No. 719 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1551 ON THIRD READING
(by Howard, G. Bonnen, and Koop)
HB 1551, A bill to be entitled An Act relating to money distributed by the School Land Board to the available school fund or to the State Board of Education for investment in the permanent school fund.
HB 1551 was passed by (Record 720): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Cook; Dukes; Leach.
STATEMENT OF VOTE
When Record No. 720 was taken, my vote failed to register. I would have voted yes.
Cook
HB 2778 ON THIRD READING
(by Elkins)
HB 2778, A bill to be entitled An Act relating to the elections for which federal postcard applicant voters may be sent ballots by e-mail.
HB 2778 was passed by (Record 721): 137 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schaefer; Schofield; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Shaheen.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Davis, Y.; Dukes; Hughes; Phelan; Sanford; Thompson, E.
STATEMENTS OF VOTE
When Record No. 721 was taken, I was in the house but away from my desk. I would have voted yes.
Hughes
When Record No. 721 was taken, I was in the house but away from my desk. I would have voted yes.
E. Thompson
When Record No. 721 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 928 ON THIRD READING
(by Guillen)
HB 928, A bill to be entitled An Act relating to state and local planning for and responses to drought.
HB 928 was passed by (Record 722): 138 Yeas, 3 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Vo; Walle; White, J.; Wray; Wu; Zedler; Zerwas.
Nays — Schaefer; Stickland; White, M.
Present, not voting — Mr. Speaker; Harless; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; Villalba.
STATEMENT OF VOTE
When Record No. 722 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1324 ON THIRD READING
(by Israel, Workman, McClendon, Collier, E. Rodriguez, et al.)
HB 1324, A bill to be entitled An Act relating to the establishment and operation of a motor-bus-only lane pilot program in certain counties.
HB 1324 was passed by (Record 723): 105 Yeas, 36 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Aycock; Bernal; Blanco; Burkett; Burns; Burrows; Canales; Clardy; Coleman; Collier; Cook; Crownover; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Galindo; Geren; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, S.; Klick; Koop; Krause; Kuempel; Larson; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Miller, R.; Minjarez; Moody; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schaefer; Sheffield; Simmons; Simpson; Smith; Smithee; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Vo; Walle; Wray; Wu; Zedler; Zerwas.
Nays — Anderson, R.; Ashby; Bell; Bohac; Bonnen, D.; Bonnen, G.; Button; Capriglione; Craddick; Dale; Fallon; Flynn; Frank; Frullo; Goldman; Harless; King, P.; Landgraf; Laubenberg; Metcalf; Meyer; Miller, D.; Morrison; Paul; Riddle; Rinaldi; Sanford; Schofield; Schubert; Shaheen; Sheets; Springer; Turner, E.S.; Villalba; White, J.; White, M.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; Elkins; King, T.
STATEMENTS OF VOTE
When Record No. 723 was taken, I was shown voting yes. I intended to vote no.
C. Anderson
When Record No. 723 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 723 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 723 was taken, I was shown voting yes. I intended to vote no.
Stickland
When Record No. 723 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 2645 ON THIRD READING
(by Blanco, Alvarado, and Fallon)
HB 2645, A bill to be entitled An Act relating to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case; creating an offense.
HB 2645 was passed by (Record 724): 140 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Nays — Stickland.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; Guerra; Paul.
STATEMENTS OF VOTE
When Record No. 724 was taken, I was in the house but away from my desk. I would have voted yes.
Paul
When Record No. 724 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Workman
HB 1294 ON THIRD READING
(by Capriglione, Geren, Goldman, Simmons, G. Bonnen, et al.)
HB 1294, A bill to be entitled An Act relating to the disclosure on personal financial statements of certain contracts or subcontracts with governmental entities.
HB 1294 was passed by (Record 725): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Dukes; McClendon.
HB 353 ON THIRD READING
(by K. King, Springer, Burns, Simpson, Guillen, et al.)
HB 353, A bill to be entitled An Act relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a concealed handgun.
Amendment No. 1
Representative Y. Davis offered the following amendment to HB 353:
Amend HB 353 on third reading by striking the last sentence of added Section 46.01(18), Penal Code, and substituting the following:
The term does not include a peace officer or reserve law enforcement officer, as defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.
Amendment No. 1 was adopted.
HB 353 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE SHEFFIELD: There are many volunteer fire departments in the district I represent. We got phone calls last night asking if this was going to be permissive or not as to whether the chief or board of directors of a local volunteer fire department could say no guns for their firefighters who are volunteers. Could you address that question, please, for legislative intent?
REPRESENTATIVE K. KING: Being a CHL holder in itself is permissive. Nobody is making you do it. So it is permissive.
SHEFFIELD: And if the board of directors or the chief decided they did not want their volunteer firefighters to be carrying guns while on firefighting duty, what would the decision be then?
K. KING: You know, a volunteer fire department is an entity in and of itself and they set their own rules. This doesn't affect their rulemaking authority for their entity.
REMARKS ORDERED PRINTED
Representative Sheffield moved to print remarks between Representative K. King and Representative Sheffield.
The motion prevailed.
HB 353, as amended, was passed by (Record 726): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Allen; Dukes; Stickland.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 2114 ON SECOND READING
(by Murphy, Bohac, Harless, Villalba, Fallon, et al.)
CSHB 2114, A bill to be entitled An Act relating to the repeal of the inheritance tax.
CSHB 2114 was read second time on May 5 and was postponed until 7:59 a.m. today.
Representative Murphy moved to postpone consideration of CSHB 2114 until 7:59 a.m. Monday, May 11.
The motion prevailed.
HB 2704 ON SECOND READING
(by T. King)
HB 2704, A bill to be entitled An Act relating to the sale or use of an incorrect weighing or measuring device; amending provisions subject to a criminal penalty.
HB 2704 was read second time on May 4 and was postponed until 8 a.m. today.
Amendment No. 1
Representative T. King offered the following amendment to HB 2704:
Amend HB 2704 (house committee printing) by striking page 1, line 5, through page 2, line 1, substituting the following appropriately numbered SECTIONS of the bill, and renumbering the other SECTIONS of the bill accordingly:
SECTION ____. Section 13.037, Agriculture Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a) A person may not use [commits an offense if the person or the person's servant or agent knowingly uses] an incorrect weighing or measuring device in:
(1) buying or selling a commodity;
(2) computing a charge for services rendered on the basis of weight or measure; or
(3) determining the weight or measure of a commodity, if a charge is made for the determination.
(c) A person commits an offense if the person or the person's servant or agent knowingly violates Subsection (a).
SECTION ____. Section 13.120, Agriculture Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:
(b) A person may not [commits an offense if the person or the person's servant or agent knowingly]:
(1) offer [offers] or expose [exposes] for sale, hire, or award or sell [sells] an incorrect weighing or measuring device;
(2) possess [possesses] an incorrect weighing or measuring device; or
(3) sell, offer for sale, use, or possess [sells, offers for sale, uses, or possesses] for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a weight or measure.
(c) A person commits an offense if the person or the person's servant or agent knowingly violates Subsection (b).
Amendment No. 1 was adopted.
HB 2704, as amended, was passed to engrossment by (Record 727): 127 Yeas, 12 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Collier; Cook; Crownover; Cyrier; Dale; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Wray; Wu; Zerwas.
Nays — Anderson, R.; Canales; Craddick; Flynn; Krause; Leach; Rinaldi; Sanford; Schaefer; Stickland; Tinderholt; Zedler.
Present, not voting — Mr. Speaker; Reynolds; Workman(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Gonzales; Otto.
Absent — Darby; Dukes; Hunter; Keough.
STATEMENTS OF VOTE
When Record No. 727 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 727 was taken, my vote failed to register. I would have voted yes.
Keough
CSHB 27 ON SECOND READING
(by Button and Johnson)
CSHB 27, A bill to be entitled An Act relating to state economic development measures, including administration of the Texas Enterprise Fund, the abolishment of the Texas emerging technology fund, and the disposition of balances from the Texas emerging technology fund.
CSHB 27 was read second time on May 1 and was postponed until 9 a.m. today.
Representative Button moved to postpone consideration of CSHB 27 until 10 a.m. Thursday, May 14.
The motion prevailed.
CSHB 28 ON SECOND READING
(by Button and Nevárez)
CSHB 28, A bill to be entitled An Act relating to an audit by the state auditor of certain programs and funds providing economic development incentives to entities and other persons.
CSHB 28 was read second time on May 1 and was postponed until 9 a.m. today.
Representative Button moved to postpone consideration of CSHB 28 until 10 a.m. Thursday, May 14.
The motion prevailed.
(Speaker in the chair)
SB 574 ON SECOND READING
(Naishtat - House Sponsor)
SB 574, A bill to be entitled An Act relating to the creation of the State Cemetery preservation trust fund.
SB 574 was considered in lieu of HB 1545.
SB 574 was read second time and was passed to third reading.
HB 1545 - LAID ON THE TABLE SUBJECT TO CALL
Representative Naishtat moved to lay HB 1545 on the table subject to call.
The motion prevailed.
SB 970 ON SECOND READING
(Kacal - House Sponsor)
SB 970, A bill to be entitled An Act relating to the failure to handle certain animals in accordance with rules of the Texas Animal Health Commission; amending provisions subject to a criminal penalty.
SB 970 was considered in lieu of CSHB 2311.
SB 970 was read second time and was passed to third reading.
(Gonzales now present)
CSHB 2311 - LAID ON THE TABLE SUBJECT TO CALL
Representative Kacal moved to lay CSHB 2311 on the table subject to call.
The motion prevailed.
HB 300 ON SECOND READING
(by Gonzales, Capriglione, Koop, Guillen, et al.)
HB 300, A bill to be entitled An Act relating to the allocation to the Parks and Wildlife Department of the proceeds from taxes imposed on the sale, storage, or use of sporting goods.
HB 300 was read second time on May 1, postponed until May 4, and was again postponed until 9 a.m. today.
Representative Gonzales moved to postpone consideration of HB 300 until 12 p.m. tomorrow.
The motion prevailed.
SB 1666 ON SECOND READING
(Larson - House Sponsor)
SB 1666, A bill to be entitled An Act relating to excepting manufacturers engaged in certain commercial research and development from certain provisions of the Texas Controlled Substances Act.
SB 1666 was considered in lieu of CSHB 2675.
SB 1666 was read second time and was passed to third reading.
CSHB 2675 - LAID ON THE TABLE SUBJECT TO CALL
Representative Larson moved to lay CSHB 2675 on the table subject to call.
The motion prevailed.
SB 660 ON SECOND READING
(Blanco - House Sponsor)
SB 660, A bill to be entitled An Act relating to regional coordinators within the veteran entrepreneur program.
SB 660 was considered in lieu of HB 1484.
SB 660 was read second time and was passed to third reading. (C. Anderson recorded voting no.)
HB 1484 - LAID ON THE TABLE SUBJECT TO CALL
Representative Blanco moved to lay HB 1484 on the table subject to call.
The motion prevailed.
HB 704 ON SECOND READING
(by Farrar)
HB 704, A bill to be entitled An Act relating to disclosures on selection or modification of an account by a customer of a financial institution.
HB 704 was read second time on May 5 and was postponed until 10 a.m. today.
Representative Farrar moved to postpone consideration of HB 704 until 10 a.m. tomorrow.
The motion prevailed.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 17).
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 3298 ON SECOND READING
(by Larson, Frank, Lucio, Kacal, Keffer, et al.)
HB 3298, A bill to be entitled An Act relating to a study conducted by the Texas Water Development Board regarding the development of a market and conveyance network for water in this state.
Amendment No. 1
Representative Larson offered the following amendment to HB 3298:
Amend HB 3298 (house committee printing) as follows:
(1) In SECTION 1 of the bill (page 1, lines 18-21), strike Subdivision (4) of the section and substitute the following:
(4) improving the efficient use of water in the state may be promoted by improving the laws regarding water transfers and markets and by using an integrated network of both natural and constructed water conveyance infrastructure.
(2) In SECTION 3 of the bill (page 1, line 24, through page 2, line 5), strike Subsection (a) of the section and substitute the following:
(a) The board shall conduct a study to evaluate:
(1) improvements to:
(A) the transfer of water entitlements; and
(B) the functioning of statewide and regional water markets; and
(2) the opportunities for and barriers to the potential establishment of a statewide or regional water grid, including an integrated network of natural and constructed works, including pipelines, pumping stations, and reservoirs, for the conveyance of water between and within river basins, water sources, and areas of water use in the state.
(3) In SECTION 3 of the bill, in Subsection (b) of the section (page 2, lines 12 and 13), strike Subdivision (3) of the subsection and substitute the following:
(3) examine case studies of water markets in other jurisdictions both within and outside the United States to determine best practices and risks described in those case studies;
(4) In SECTION 3 of the bill, in Subsection (b) of the section (page 3, lines 2-4), strike Subdivision (8) of the subsection and substitute the following:
(8) evaluate opportunities for and barriers to the integration of the establishment, construction, operation, and management of the water grid into the state water planning process;
(5) In SECTION 3 of the bill, in Subsection (b)(11) of the section, between "infrastructure" and "into" (page 4, line 2), insert "and natural systems".
Amendment No. 1 was adopted.
HB 3298, as amended, was passed to engrossment by (Record 728): 103 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Dale; Davis, S.; Davis, Y.; Dutton; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; Koop; Kuempel; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Nevárez; Oliveira; Parker; Paul; Pickett; Price; Raymond; Reynolds; Riddle; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; Villalba; Vo; Workman; Wray; Wu; Zerwas.
Nays — Anchia; Ashby; Burkett; Burns; Clardy; Cyrier; Deshotel; Elkins; Flynn; Frank; Hughes; King, S.; King, T.; Klick; Krause; Landgraf; Leach; Metcalf; Meyer; Murr; Paddie; Phelan; Phillips; Raney; Rinaldi; Schaefer; Schubert; Simpson; Springer; Stickland; Tinderholt; Turner, E.S.; VanDeaver; Walle; White, J.; White, M.; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Isaac; Spitzer.
Absent, Excused, Committee Meeting — Otto.
Absent — Darby; Dukes; Laubenberg; Naishtat; Peña; Rodriguez, E.
STATEMENTS OF VOTE
When Record No. 728 was taken, I was shown voting no. I intended to vote yes.
Burkett
When Record No. 728 was taken, I was in the house but away from my desk. I would have voted yes.
Darby
When Record No. 728 was taken, I was shown voting no. I intended to vote yes.
Frank
When Record No. 728 was taken, I was shown voting yes. I intended to vote no.
Goldman
When Record No. 728 was taken, I was shown voting yes. I intended to vote no.
Guillen
When Record No. 728 was taken, I was shown voting no. I intended to vote yes.
Krause
When Record No. 728 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 728 was taken, I was shown voting no. I intended to vote yes.
Meyer
When Record No. 728 was taken, I was in the house but away from my desk. I would have respectfully voted no because I do not believe that a water grid of pipelines is the answer to Texas' water crisis.
E. Rodriguez
CSHB 1446 ON SECOND READING
(by Dale, Márquez, and Herrero)
CSHB 1446, A bill to be entitled An Act relating to reimbursement of certain medical costs for victims of certain sex offenses.
Representative Dale moved to postpone consideration of CSHB 1446 until 8 a.m. Monday, May 11.
The motion prevailed.
CSHB 3302 ON SECOND READING
(by Darby and Coleman)
CSHB 3302, A bill to be entitled An Act relating to highway landscaping projects.
Amendment No. 1
Representative Darby offered the following amendment to CSHB 3302:
Amend CSHB 3302 (house committee printing) as follows:
(1) On page 1, line 7, strike "NATIVE OR".
(2) On page 1, line 8, between the period and "The", insert "(a)".
(3) On page 1, line 10, strike "native or".
(4) On page 1, between lines 15 and 16, insert the following:
(b) A district may use plants that are not regionally appropriate for a beautification project if a municipality or county:
(1) participates in the design and decision to use a plant that is not regionally appropriate; and
(2) agrees to a long-term maintenance agreement of the beautification project.
(5) On page 1, line 18, strike "native or".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Darby offered the following amendment to CSHB 3302:
Amend CSHB 3302 (house committee printing) as follows:
(1) On page 1, line 5, strike "392.004 and 392.005" and substitute "392.004, 392.005, and 392.006".
(2) On page 3, between lines 11-12, insert the following:
Sec. 392.006. LANDSCAPE MANAGEMENT PROGRAM. The department shall establish a landscape management program to permit a business or other private entity to manage the landscape of the state highway system rights-of-way. The program must include a process for submitting and approving an application for landscape management that does not incur costs for the department. A business requesting approval for landscape management shall pay the cost of the landscape management completed by the business.
Amendment No. 2 was adopted.
CSHB 3302, as amended, was passed to engrossment.
CSHB 3356 ON SECOND READING
(by Lucio)
CSHB 3356, A bill to be entitled An Act relating to regulation of production of wells for retail public utilities by a groundwater conservation district.
Amendment No. 1
Representatives Kacal, Burns, Paddie, Ashby, Sheffield, K. King, Spitzer, and Springer offered the following amendment to CSHB 3356:
Amend CSHB 3356 (house committee printing) on page 1, lines 7 through 15, by striking Subsection (c) and substituting the following:
(c) In regulating the production of groundwater based on tract size or acreage, a district shall [may] consider the service needs or service area of the [a] retail public [water] utility. For the purposes of this subsection, "retail public [water] utility" has [shall have] the meaning assigned by [provided at] Section 13.002. A district may determine whether it is appropriate to base the production amount on a retail public utility's service needs or service area under this subsection.
Amendment No. 1 was adopted.
CSHB 3356, as amended, was passed to engrossment.
CSHB 3307 ON SECOND READING
(by R. Miller, Flynn, and Fallon)
CSHB 3307, A bill to be entitled An Act relating to the authority of the Employees Retirement System of Texas to make available a TRICARE Military Health System supplemental plan.
CSHB 3307 was passed to engrossment.
HB 635 ON SECOND READING
(by Price, Leach, Flynn, Burkett, Zerwas, et al.)
HB 635, A bill to be entitled An Act relating to the disposition of fetal remains.
Amendment No. 1
Representative Price offered the following amendment to HB 635:
Amend HB 635 (house committee printing) on page 1 by striking lines 6-10 and substituting the following:
Sec. 241.010. DISPOSITION OF FETAL REMAINS. (a) A hospital shall release the remains of an unintended, intrauterine fetal death on the request of a parent of the unborn child, in a manner appropriate under law and the hospital's policy for disposition of a human body.
(b) Notwithstanding Subsection (a), if the remains of an unintended, intrauterine fetal death weigh less than 350 grams, a hospital shall release the remains on the request of a parent of the unborn child, in a manner that is appropriate under law and consistent with hospital policy.
Amendment No. 1 was adopted.
HB 635, as amended, was passed to engrossment.
HB 3880 ON SECOND READING
(by Goldman and Capriglione)
HB 3880, A bill to be entitled An Act relating to the requirements for placement on a general primary election ballot as a candidate for judicial office in certain counties.
Amendment No. 1
Representative Capriglione offered the following amendment to HB 3880:
Amend HB 3880 (house committee printing) on page 1, line 6 by striking "Section 172.021(e), Election Code, is repealed" and substituting, "Sections 172.021(e) and (g), Election Code, are repealed".
Amendment No. 1 was adopted.
HB 3880, as amended, was passed to engrossment.
HB 2351 ON SECOND READING
(by Harless, Kuempel, Kacal, Geren, et al.)
HB 2351, A bill to be entitled An Act relating to conflicts of interest and discrimination policies for an ethics or medical committee review of an advance directive.
Representative Harless moved to postpone consideration of HB 2351 until 10 a.m. Tuesday, May 12.
The motion prevailed.
CSHB 1096 ON SECOND READING
(by Murphy, Laubenberg, P. King, Parker, Schofield, et al.)
CSHB 1096, A bill to be entitled An Act relating to the residence address of a person for purposes of a response to a confirmation notice sent by the registrar.
CSHB 1096 - REMARKS
REPRESENTATIVE MURPHY: HB 1096 will ensure that voters reside and vote in the same place. It does not affect residency for candidates. And I think it's an important bill to have this in place, and I would like to move adoption.
CSHB 1096 - POINT OF ORDER
Representative E. Rodriguez raised a point of order against further consideration of CSHB 1096.
(Simmons in the chair)
The point of order was withdrawn.
Representative Murphy moved to postpone consideration of CSHB 1096 until 1 p.m. today.
The motion prevailed.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on HB 1:
Ashby on motion of Geren.
(Isaac now present)
CSHB 659 ON SECOND READING
(by Raymond and Guillen)
CSHB 659, A bill to be entitled An Act relating to the waiver of state park, museum, and other state-operated facility entrance fees for persons with certain disabilities.
CSHB 659 was passed to engrossment. (C. Anderson, Button, Hunter, and Rinaldi recorded voting no.)
CSHB 1058 ON SECOND READING
(by Farias)
CSHB 1058, A bill to be entitled An Act relating to notice and information provided by a solid waste facility and a commercial transporter of solid waste regarding recycling programs for certain electronic waste.
CSHB 1058 was passed to engrossment. (C. Anderson, Button, Hunter, and Rinaldi recorded voting no.)
CSHB 1626 ON SECOND READING
(by Johnson, Price, Darby, Deshotel, and Longoria)
CSHB 1626, A bill to be entitled An Act relating to the designation of certain areas as banking or credit union development districts to encourage the establishment of branches of banks or credit unions in those areas.
Amendment No. 1
Representative Johnson offered the following amendment to CSHB 1626:
Amend CSHB 1626 (house committee printing) as follows:
(1) On page 2, line 3, strike "Subchapters D and E" and substitute "Subchapter D".
(2) On page 3, line 24, strike "Subchapters D and E" and substitute "Subchapter D".
(3) Strike page 7, line 15, through page 10, line 10.
(4) Renumber the SECTIONS of the bill as appropriate.
Amendment No. 1 was adopted.
CSHB 1626, as amended, was passed to engrossment. (C. Anderson, Button, Hunter, Phillips, and Rinaldi recorded voting no.)
CSHB 1743 ON SECOND READING
(by Galindo, Elkins, Wray, et al.)
CSHB 1743, A bill to be entitled An Act relating to the use of a credit or charge card by certain state agencies to make certain purchases.
Amendment No. 1
Representative Galindo offered the following amendment to CSHB 1743:
Amend CSHB 1743 (house committee printing) as follows:
(1) On page 1 of the bill, strike lines 22-23 and substitute the following:
Section 531.001;
(4) the office of the attorney general; or
(5) the office of the governor.
(2) On page 3 of the bill, strike lines 3-4 and substitute the following:
Section 531.001;
(4) the office of the attorney general; or
(5) the office of the governor.
(3) On page 3 of the bill, strike lines 24-25 and substitute the following:
Section 531.001;
(4) the office of the attorney general; or
(5) the office of the governor.
(4) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 402, Government Code, is amended by adding Section 402.011 to read as follows:
Sec. 402.011. PAYMENT FOR TRAVEL SERVICES WITH CREDIT OR CHARGE CARD. The attorney general by rule shall develop and implement a policy that encourages participation in a program administered by the comptroller relating to the use of a credit or charge card to pay for travel expenses.
Amendment No. 1 was adopted.
CSHB 1743, as amended, was passed to engrossment.
CSHB 2665 ON SECOND READING
(by Moody)
CSHB 2665, A bill to be entitled An Act relating to access to and receipt of certain information regarding a ward by certain relatives of the ward.
Representative Moody moved to postpone consideration of CSHB 2665 until 2 p.m. today.
The motion prevailed.
CSHB 991 ON SECOND READING
(by Bohac, Capriglione, Villalba, and Fallon)
CSHB 991, A bill to be entitled An Act relating to the display of notice of federal and state tax rates for motor fuel sold at retail.
CSHB 991 was passed to engrossment by (Record 729): 143 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Simmons(C).
Absent, Excused — Spitzer.
Absent, Excused, Committee Meeting — Ashby; Otto.
Absent — Dukes; Huberty.
CSHB 1455 ON SECOND READING
(by P. King and Burrows)
CSHB 1455, A bill to be entitled An Act relating to procedures required before certain condominium associations file a suit or initiate an arbitration proceeding for a defect or design claim.
Amendment No. 1
Representative P. King offered the following amendment to CSHB 1455:
Amend CSHB 1455 (house committee report) as follows:
(1) On page 2, lines 2 through 3, strike "at least 67" and substitute "more than 50".
(2) On page 2, line 3, strike "in the association" and substitute "allocated under the declaration".
(3) On page 2, line 4, between "a" and "special", insert "regular, annual, or".
(4) On page 2, lines 6 through 12, strike added Section 82.119(c), Property Code.
(5) Reletter the remaining subsections of added Section 82.119, Property Code, and correct cross-references to those subsections accordingly.
(6) On page 2, line 25, strike "special".
(7) On page 3, line 6, strike "special".
(8) On page 4, between lines 11 and 12, insert the following new subsection, appropriately lettered, and reletter the subsections of proposed Section 82.119, Property Code, accordingly:
( ) The period of limitations for filing a suit or initiating an arbitration proceeding for a claim described by Subsection (b) is tolled until the first anniversary of the date the procedures are initiated by the association under that subsection if the procedures are initiated during the final year of the applicable period of limitation.
(9) On page 4, line 24, strike "claim based on an act or omission that occurs" and substitute "suit filed or arbitration proceeding initiated".
(10) On page 4, lines 25 through 26, strike "claim based on an act or omission that occurred" and substitute "suit filed or arbitration proceeding initiated".
Amendment No. 1 was adopted.
CSHB 1455, as amended, was passed to engrossment. (E. Rodriguez recorded voting no.)
CSHB 1458 ON SECOND READING
(by Bohac, Frullo, C. Anderson, Villalba, R. Anderson, et al.)
CSHB 1458, A bill to be entitled An Act relating to the sales and use tax exemption for the repair, remodeling, or maintenance of aircraft.
CSHB 1458 was passed to engrossment. (Collier, Giddings, Hunter, E. Rodriguez, and S. Turner recorded voting no.)
CSHB 947 ON SECOND READING
(by Workman)
CSHB 947, A bill to be entitled An Act relating to the authority of certain political subdivisions to change the date of their general elections.
Representative Workman moved to postpone consideration of CSHB 947 until 9 a.m. Monday, May 11.
The motion prevailed.
HB 1083 ON SECOND READING
(by Márquez and Guillen)
HB 1083, A bill to be entitled An Act relating to a mental health assessment of certain inmates of the Texas Department of Criminal Justice.
HB 1083 was passed to engrossment. (Rinaldi recorded voting no.)
RULES SUSPENDED
Representative Guillen moved to suspend all necessary rules to allow the Committee on Culture, Recreation, and Tourism to consider SB 381, SB 1132, SB 1181, SB 1522, SB 1978, and SJR 22 at 1:30 p.m. today in 3W.9.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Guillen requested permission for the Committee on Culture, Recreation, and Tourism to meet while the house is in session, at 1:30 p.m. today, in 3W.9, to consider HCR 108, SB 381, SB 1132, SB 1181, SB 1522, SB 1978, SCR 33, SJR 22, and pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Culture, Recreation, and Tourism, 1:30 p.m. today, 3W.9, for a formal meeting, to consider HCR 108, SB 381, SB 1132, SB 1181, SB 1522, SB 1978, SCR 33, SJR 22, and pending business.
CSHB 3682 ON SECOND READING
(by Geren)
CSHB 3682, A bill to be entitled An Act relating to the categorization and resolution of violations of laws enforced by the Texas Ethics Commission.
CSHB 3682 was passed to engrossment.
CSHB 91 ON SECOND READING
(by Flynn, E. Rodriguez, J. White, S. King, et al.)
CSHB 91, A bill to be entitled An Act relating to the regulation of raw milk and raw milk products; adding a provision subject to a criminal penalty.
Amendment No. 1
Representative Sheffield offered the following amendment to CSHB 91:
Amend CSHB 91 (house committee printing) on page 2, by striking lines 15 through 18 and substituting the following:
Sec. 435.0062. RAW MILK TESTING; RECORD OF TEST RESULTS. (a) At least twice each month, a producer of raw milk shall submit for testing the raw milk to a laboratory accredited by the United States Food and Drug Administration. The testing must include tests for:
(1) the total aerobic bacterial count;
(2) the total coliform count; and
(3) the somatic cell count.
(b) Raw milk may not be sold unless the results of the testing conducted under Subsection (a) indicate:
(1) a total aerobic bacterial count of less than 20,000 colony-forming units per milliliter in milk derived from cattle or goats;
(2) a total coliform count of less than 10 colony-forming units per milliliter in milk derived from cattle or goats; and
(3) a somatic cell count of less than:
(A) 750,000 per milliliter in milk derived from cattle; and
(B) 1 million per milliliter in milk derived from goats.
(c) A producer of raw milk shall ensure that the results of the testing conducted under Subsection (a) are sent to the department by:
(1) the laboratory on completion of the testing; or
(2) the producer not later than the fifth day after the date the producer receives the testing results.
(d) A producer of raw milk shall keep each record of testing required under this section until the first anniversary of the testing date.
(e) The department on request shall provide a copy of the record of the results of testing conducted under this section or from an inspection of raw milk conducted under Section 435.004 or 435.005.
Representative Flynn moved to table Amendment No. 1.
The motion to table prevailed by (Record 730): 110 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Alonzo; Alvarado; Anderson, C.; Anderson, R.; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, Y.; Faircloth; Fallon; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Naishtat; Nevárez; Parker; Paul; Peña; Phelan; Phillips; Pickett; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; White, J.; White, M.; Workman; Wray; Zedler.
Nays — Allen; Anchia; Aycock; Blanco; Coleman; Davis, S.; Deshotel; Dutton; Farias; Farney; Herrero; Howard; Israel; King, K.; Meyer; Murr; Paddie; Price; Raney; Romero; Sheffield; Villalba; Vo; Walle; Zerwas.
Present, not voting — Mr. Speaker; Simmons(C).
Absent, Excused — Spitzer.
Absent, Excused, Committee Meeting — Ashby; Otto.
Absent — Bernal; Clardy; Dukes; Elkins; Márquez; McClendon; Murphy; Oliveira; Turner, C.; Wu.
STATEMENT OF VOTE
When Record No. 730 was taken, I was shown voting yes. I intended to vote no.
Collier
(Márquez in the chair)
CSHB 91 was passed to engrossment by (Record 731): 122 Yeas, 14 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burrows; Button; Canales; Capriglione; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, Y.; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, P.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Parker; Paul; Peña; Phelan; Phillips; Pickett; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Burns; Coleman; Davis, S.; Deshotel; Dutton; Frullo; King, K.; Kuempel; Murr; Paddie; Price; Sheffield; Turner, C.; Villalba.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — Spitzer.
Absent, Excused, Committee Meeting — Ashby; Otto.
Absent — Bernal; Blanco; Clardy; Dukes; Galindo; Gonzales; King, S.; McClendon; Vo.
STATEMENTS OF VOTE
When Record No. 731 was taken, I was shown voting yes. I intended to vote no.
Anchia
When Record No. 731 was taken, I was in the house but away from my desk. I would have voted no.
Blanco
When Record No. 731 was taken, I was shown voting yes. I intended to vote no.
Collier
When Record No. 731 was taken, I was in the house but away from my desk. I would have voted yes.
Galindo
When Record No. 731 was taken, I was shown voting yes. I intended to vote no.
Howard
When Record No. 731 was taken, I was shown voting yes. I intended to vote no.
Israel
When Record No. 731 was taken, I was in the house but away from my desk. I would have voted yes.
S. King
CSHB 1623 ON SECOND READING
(by Laubenberg, Burkett, Coleman, Guerra, and G. Bonnen)
CSHB 1623, A bill to be entitled An Act relating to the reimbursement of providers for the provision of certain home telemonitoring services under Medicaid.
CSHB 1623 was passed to engrossment.
CSHB 939 ON SECOND READING
(by Dale, Schaefer, Oliveira, and Canales)
CSHB 939, A bill to be entitled An Act relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
Amendment No. 1
Representative Simpson offered the following amendment to CSHB 939:
Amend CSHB 939 (house committee printing) as follows:
(1) On page 1, between lines 17 and 18, insert the following:
(b) Notwithstanding Section 202.002, this section applies only to a dedicatory instrument provision adopted on or after the effective date of this section.
(2) Redesignate subdivisions and cross-references in added Section 202.019, Property Code, appropriately.
(3) On page 5, strike lines 19-21.
(4) Renumber SECTIONS of the bill appropriately.
Representative Dale moved to table Amendment No. 1.
The motion to table prevailed by (Record 732): 119 Yeas, 14 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bernal; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Peña; Phillips; Pickett; Raney; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Thompson, E.; Turner, C.; Turner, S.; VanDeaver; Villalba; Walle; White, J.; Workman; Wray; Wu; Zerwas.
Nays — Burns; Elkins; Flynn; Harless; King, T.; Muñoz; Phelan; Schaefer; Simpson; Stephenson; Stickland; Tinderholt; Turner, E.S.; Zedler.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — Spitzer.
Absent, Excused, Committee Meeting — Ashby; Otto.
Absent — Bell; Blanco; Burrows; Clardy; Dukes; Guillen; McClendon; Price; Raymond; Thompson, S.; Vo; White, M.
STATEMENTS OF VOTE
When Record No. 732 was taken, I was in the house but away from my desk. I would have voted yes.
Blanco
When Record No. 732 was taken, I was in the house but away from my desk. I would have voted yes.
Clardy
When Record No. 732 was taken, my vote failed to register. I would have voted no.
Guillen
CSHB 939 was passed to engrossment.
HB 1170 ON SECOND READING
(by Farney, Villalba, and Fallon)
HB 1170, A bill to be entitled An Act relating to the applicability to open-enrollment charter schools of certain laws regarding local governments and political subdivisions.
HB 1170 was passed to engrossment.
(Spitzer now present)
CSHB 1633 ON SECOND READING
(by Romero)
CSHB 1633, A bill to be entitled An Act relating to application and notification requirements for a permit to drill an oil or gas well in or near an easement held by the Texas Department of Transportation.
CSHB 1633 was passed to engrossment. (C. Anderson recorded voting no.)
CSHB 4015 ON SECOND READING
(by Martinez Fischer)
CSHB 4015, A bill to be entitled An Act relating to land bank demonstration programs.
CSHB 4015 was passed to engrossment.
CSHB 3097 ON SECOND READING
(by Paul, E. Thompson, D. Bonnen, Faircloth, D. Miller, et al.)
CSHB 3097, A bill to be entitled An Act relating to the governance and operation of municipal management districts.
(Ashby now present)
CSHB 3097 - POINT OF ORDER
Representative Coleman raised a point of order against further consideration of CSHB 3097 under Rule 4, Section 32(c)(2) of the House Rules on the grounds that the bill analysis is incorrect.
(Ashby in the chair)
The chair sustained the point of order and submitted the following statement:
Representative Coleman raised a point of order against further consideration of CSHB 3097 under Rule 4, Section 32(c)(2) of the House Rules on the grounds that the bill analysis is incorrect. The point of order is sustained.
Rule 4, Section 32(c)(2) requires each committee report to include "an analysis of the content of the bill or resolution. . . ." Rule 4, Section 32(c)(2) of the House Rules. Section 8 of CSHB 3097 amends Section 382.052(a) of the Local Government Code, which, as the section currently stands, requires that in a district with a population over 1,000, a person must reside in the relevant district to be qualified to serve as a director. While CSHB 3097's bill analysis provides that "the bill removes from the list of required qualifications for service as a director of a municipal management district residency in the district," it makes no reference to the additions or to the bill's contradictory provision in Section 8---that in order to qualify for service as a director in a district with a population over 1,000, a person must in fact reside in the relevant district. Representative Coleman asserts that omitting any reference to Section 8 and, in particular, the residency requirement, in CSHB 3097's bill analysis constitutes either an "affirmative misstatement of fact or a fatal omission, either of which means the analysis fails to substantially comply with. . .Rule [4, Section 32(c)(2)]." Further, Representative Coleman points out that the bill analysis's side-by-side comparison of the original bill and committee substitute does not reprint in whole Section 8 of the bill, such that the conflicting provision in the current statute and the additions made by Section 8 of the bill are absent from the analysis altogether. Therefore, he argues, nothing else in the analysis cures the error in the summary analysis.
Having reviewed the bill and the entire bill analysis, the chair determines that the bill analysis does not comply with Rule 4, Section 32(c)(2) of the House Rules. The point of order is therefore sustained. See Rule 4, Section 32(c)(2) of the House Rules; 83 H.J. Reg. 2323-2324 (2013) (Y. Davis point of order on CSHB 2748).
CSHB 3097 was returned to the Committee on Special Purpose Districts.
CSHB 4069 ON SECOND READING
(by Smith)
CSHB 4069, A bill to be entitled An Act relating to the regulation of barbering and cosmetology.
CSHB 4069 - REMARKS
REPRESENTATIVE SMITH: It would allow barbering and cosmetology service to be performed at a location other than the licensed facilities, except weddings and quinceañeras. It would allow the holder of a manicurist license to be represented on the board. It would allow a manicurist and aesthetician to be able to do the same thing. It deregulates threading; so we've got a deregulation bill. I think there are a couple of amendments.
Amendment No. 1
Representative Rinaldi offered the following amendment to CSHB 4069:
Amend CSHB 4069 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 1601.254(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a barber instructor license, an applicant must:
(1) be at least 18 years of age;
(2) have a high school diploma or a high school equivalency certificate;
(3) hold a current Class A barber certificate;
(4) have completed:
(A) a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; [or]
(B) at least two years of work experience as a licensed Class A barber immediately preceding the date of the application; or
(C) at least one year of work experience as a licensed Class A barber and:
(i) have completed 500 hours of instruction in barber courses and methods of teaching in a commission-approved training program;
(ii) have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or
(iii) have obtained a degree in education from an accredited college or university; and
(5) pass the required examination.
SECTION ____. The change in law made by this Act to Section 1601.254(b), Occupations Code, applies only to an application for a barber instructor license submitted on or after the effective date of this Act. An application for a barber instructor license that is submitted before that date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.
Amendment No. 1 was withdrawn.
Amendment No. 2
Representative Lucio offered the following amendment to CSHB 4069:
Amend CSHB 4069 (house committee report) as follows:
(1) On page 7, line 6, strike "who receives a grade of incomplete".
(2) On page 7, line 9, replace "payment of" with "incurring".
(3) On page 7, line 9, insert "for hours already completed" between "tuition" and the period.
REPRESENTATIVE LUCIO: Folks from South Texas, some cosmetology schools, met with TDLR. There were some unforeseen consequences that may occur with the bill, as drafted. This amendment is acceptable to the author. It does three simple things: removes the limitation of this re-enrollment provision from applying only to students who receive an incomplete grade, so that it applies to all students who have completed coursework at a cosmetology school within the past two years; clarifies that any re-enrolled cosmetology student will not be charged tuition for coursework already completed at the cosmetology school; and three, clarifies that the re-enrolled cosmetology student must pay tuition for future coursework taken by the cosmetology school.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Gutierrez offered the following amendment to CSHB 4069:
Amend CSHB 4069 (house committee report) as follows:
(1) On page 1, line 9, strike "unwanted eyebrow".
(2) On page 1, line 9, strike "a person by" and substitute "an individual".
(3) On page 1, line 10, strike "thin".
(4) On page 1, line 11, between "hair" and "and", insert "from the skin".
(5) On page 4, line 19, strike "unwanted eyebrow".
(6) On page 4, line 20, strike "a person by" and substitute "an individual".
(7) On page 4, line 20, strike "thin".
(8) On page 4, line 21, between "hair" and "and includes", insert "from the skin".
REPRESENTATIVE GUTIERREZ: This simply clarifies that all threading will be deregulated. That was the original intent of the bill. Simply a clarifying amendment, and I believe it is acceptable to the author.
Amendment No. 3 was adopted.
Amendment No. 4
Representative Schaefer offered the following amendment to CSHB 4069:
Amend CSHB 4069 (house committee report) as follows:
(1) On page 1, strike lines 4 through 12.
(2) On page 4, strike lines 15 through 22.
(3) Renumber the SECTIONS of the bill accordingly.
REPRESENTATIVE SCHAEFER: The Texas Conservative Coalition is a no on this bill, but with this amendment they will be a yes. The purpose of my amendment really is to make sure that we don't interfere with an ongoing case at the Supreme Court where some folks who were engaged in this type of work are trying to seek some relief from some burdensome regulations. There's some language in this bill, as it stands, that would interfere with their case, and I believe that the right thing to do would be to remove that language. If this amendment is accepted and goes on, then the Texas Conservative Coalition will be a one on the bill. Right now, TCC is a no on the bill; this amendment would make it a one.
REPRESENTATIVE ANCHIA: Can you elaborate on that? We often will look very closely at provisions in bills that seek to decide pending lawsuits in this chamber as opposed to in the courts. Now, my understanding is that there's a bill called Patel---or excuse me, a piece of litigation---a case called Patel v. TDLR that is pending at the Texas Supreme Court right now.
SCHAEFER: That's correct.
ANCHIA: And so if you could, describe for us the language in the bill that would undercut that litigation and decide it in this body as opposed to the proper venue, which would be the courts.
SCHAEFER: Right, there are two sections in the bill that deal with eyebrow threading, and that's the type of work that these people are engaged in. His bill would seem to deregulate them, but in actuality they are now. And by doing that, you are changing the facts and circumstances within our regulatory scheme, which will interfere with that case. You have people of modest means that have been overregulated and they sought relief in court. There's a pending Supreme Court case and we need to let that case be resolved and see if it gives us some direction from there.
ANCHIA: And so it's your contention today that if that language that is in the bill moves forward and is adopted, it would render the Supreme Court case moot, right?
SCHAEFER: I do believe it would harm the Supreme Court case. Yes, sir, that's right.
REPRESENTATIVE GUTIERREZ: Representative Schaefer, I understand your position that you want to be able to not solve a problem, I guess, but if we're able to solve a problem today that affects the State of Texas, what is the problem with us doing that today before the Supreme Court tells us---maybe they do, maybe they don't---if the chairman's bill seeks to solve this litigation? Tell us what's wrong with that? Isn't that what we're supposed to do?
SCHAEFER: I don't believe that the intention, long-term, is to leave these people be. I believe the intention is to come back and regulate them in a different manner. While it may seem at first, on its face, to be something that is deregulation, I don't believe that's where we are headed. And I believe that the merits of the case need to be decided. And then let the Supreme Court decide. And then we can come back and make a determination, because I don't believe---if I believed, representative, that his bill would end the matter I would agree with you, but I don't think it will.
GUTIERREZ: Well, I can appreciate your desire to be clairvoyant and try to figure out what we're thinking into the future, but what the bill does today is specifically solve a problem that we have at the Supreme Court. I understand that, but there is nothing that precludes the legislature of this body or of the federal government, at any level, to say we're going to solve a problem before the courts do. There's nothing that precludes us. If anything, it is the more efficient act in which government should operate. Is that not correct?
SCHAEFER: I don't agree with that. I think there are times when we can seek wisdom from what's happened out in the real world. We have real people, that were of modest means, that have been hurt by overburdensome regulations. And we're now about to have a Supreme Court case that will likely give us some guidance going forward to deal not only with this type of economic activity, but with other types of economic freedom issues.
GUTIERREZ: And the damages that have allegedly taken place over time are still there, and those plaintiffs will still have the opportunity to assess those damages. All be it, the legislature today has an opportunity to fix those issues right now.
SCHAEFER: I don't believe that's the outcome, and I'm just going to have to disagree with you on that issue.
GUTIERREZ: Representative Schaefer, I think that what is happening today is Chairman Smith's desire to solve a problem and deregulate a portion of this industry and to save a lot of headaches and to save a lot of legal fees. And I think that your position, quite frankly, only puts lawyers in a position to be able to collect more fees, but thank you for your amendment.
SCHAEFER: The lawyers are pro bono in this case.
(Geren in the chair)
SIMPSON: Thank you, Representative Schaefer, for bringing this amendment. If this goes on, will this help the court, not only to help the particular case that's before them, but also to rule on a much broader issue of economic freedom that would help a lot of other people now that are burdened by this regulation?
SCHAEFER: I believe so. There are times when we pass rules and regulations that are out of proportion with the public purposes with which we are trying to accomplish. That the regulation is too heavy, relative to whatever public safety or public concern that we have. And this Supreme Court case has the potential to give us some guidance going forward on those issues, and so it's important to preserve that case. I appreciate the arguments I've heard before, but really we need to keep it clean. He has a good bill. My amendment will not hurt his bill; it will keep its original purpose of his bill intact.
SIMPSON: I think you have a good amendment. Thank you for bringing it.
REPRESENTATIVE SMITH: The purpose for this was to deregulate. Deregulation is one of the things that we talk about in principle---to deregulate some of the activities that we do at the state. And the argument is that, well, if you file a suit maybe the legislature can't work. The system with the legislature to judicial and executive branch---the legislature's job is to make law. So why don't we do that?
Representative Smith moved to table Amendment No. 4.
SCHAEFER: Please vote against the motion to table.
The motion to table prevailed by (Record 733): 80 Yeas, 63 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Bonnen, G.; Canales; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farrar; Frullo; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; King, K.; King, S.; King, T.; Koop; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Miles; Miller, D.; Minjarez; Moody; Muñoz; Nevárez; Oliveira; Phillips; Pickett; Price; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Simmons; Smith; Smithee; Spitzer; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Vo; Walle; Wu; Zerwas.
Nays — Anchia; Bell; Bonnen, D.; Burkett; Burns; Burrows; Button; Capriglione; Cyrier; Dale; Elkins; Fallon; Farney; Fletcher; Flynn; Frank; Galindo; Goldman; Hughes; Isaac; Keffer; Keough; King, P.; Klick; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, R.; Morrison; Murphy; Murr; Naishtat; Paddie; Parker; Paul; Peña; Phelan; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simpson; Springer; Stephenson; Stickland; Tinderholt; Turner, E.S.; Villalba; White, J.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Geren(C).
Absent, Excused, Committee Meeting — Otto.
Absent — Bohac; Dukes; McClendon; Sheffield.
STATEMENTS OF VOTE
When Record No. 733 was taken, I was in the house but away from my desk. I would have voted no.
Bohac
When Record No. 733 was taken, I was shown voting yes. I intended to vote no.
Gonzales
When Record No. 733 was taken, I was shown voting yes. I intended to vote no.
Huberty
Amendment No. 5
Representative Rinaldi offered the following amendment to CSHB 4069:
Amend CSHB 4069 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 1601.254(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a barber instructor license, an applicant must:
(1) be at least 18 years of age;
(2) have a high school diploma or a high school equivalency certificate;
(3) hold a current Class A barber certificate;
(4) have completed:
(A) a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; [or]
(B) at least two years of work experience as a licensed Class A barber immediately preceding the date of the application; or
(C) at least one year of work experience as a licensed Class A barber and:
(i) have completed 500 hours of instruction in barber courses and methods of teaching in a commission-approved training program;
(ii) have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or
(iii) have obtained a degree in education from an accredited college or university; and
(5) pass the required examination.
SECTION ____. The change in law made by this Act to Section 1601.254(b), Occupations Code, applies only to an application for a barber instructor license submitted on or after the effective date of this Act. An application for a barber instructor license that is submitted before that date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.
REPRESENTATIVE RINALDI: What my amendment deals with---most people don't realize you do need a license to become a licensed barber. You also need a license in order to teach barber school, and currently there is no option for getting a barber school instructor's license that doesn't involve going to, essentially, barber school school. What this amendment does is say if you've been a licensed barber for two years, you're eligible to be a barber school instructor and teach other barbers. This removes a huge piece of regulation that we don't apply to other professions. In our high schools, for example. Our lawyers---if you are a practicing lawyer, you can teach law school.
REPRESENTATIVE COLLIER: I just want to make sure. Your amendment would remove the requirement to get the 750 hours of teacher training for a profession you already do?
RINALDI: What it would do is allow an extra option. Currently, you either need 750 hours of training on how to teach barber school or you can have 500 hours of training and one year of work experience. What my amendment does is if you have two years of work experience, you do not need training in barber school school.
COLLIER: So technically you would have over 750 hours if you worked in the profession for two years?
RINALDI: At an eight hour day, you would have approximately 4,000 hours of barber experience. Under my amendment, then you would be eligible to simply teach in barber school.
COLLIER: Okay, and so right now---if you want to be a barber, you have to go to barber school?
RINALDI: Correct.
COLLIER: And if you want to be a barber teacher, you have to actually go to another school?
RINALDI: Correct. You need a course of methods and teaching barber school of at least 500 hours. And if you have 20 years, 25 years of experience as a barber, you can't teach in barber school currently. My amendment would say that you can.
COLLIER: Thanks so much for the clarification. I appreciate that.
REPRESENTATIVE SMITH: I'm going to move to table the amendment. I didn't see it until the bill right before this one, to start with, but secondarily, in our public schools we have teachers that teach the children, but those teachers have gone on to learn how to teach. And so I think in our society it's not uncommon. Now, in discussion earlier with the representative, it was indicated you don't have to do that in a private school, but this is stuff that's being offered to the public. So I move to table the motion and that we teach people how to teach others.
Representative Smith moved to table Amendment No. 5.
RINALDI: A yes vote on the motion to table means that you believe that a barber who has been teaching and practicing his profession for 20 years is not qualified how to teach other barbers in barber school. What my amendment does is simply allows experienced professionals to teach others, and it deregulates the profession.
The motion to table was lost by (Record 734): 69 Yeas, 72 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Ashby; Aycock; Bernal; Blanco; Canales; Clardy; Coleman; Collier; Cook; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Frullo; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; King, K.; King, S.; King, T.; Koop; Kuempel; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Miles; Moody; Muñoz; Oliveira; Phillips; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Rose; Sheffield; Smith; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; Walle; Wu; Zerwas.
Nays — Anchia; Anderson, C.; Anderson, R.; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Craddick; Cyrier; Elkins; Fallon; Fletcher; Flynn; Frank; Galindo; Goldman; Hernandez; Hughes; Isaac; Keough; King, P.; Klick; Krause; Landgraf; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Miller, R.; Minjarez; Morrison; Murphy; Murr; Naishtat; Nevárez; Paddie; Parker; Paul; Phelan; Pickett; Price; Rinaldi; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Tinderholt; Turner, E.S.; Villalba; Vo; White, J.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Geren(C).
Absent, Excused, Committee Meeting — Otto.
Absent — Dukes; Giddings; Márquez; McClendon; Peña; VanDeaver.
STATEMENTS OF VOTE
When Record No. 734 was taken, I was shown voting yes. I intended to vote no.
Crownover
When Record No. 734 was taken, I was shown voting yes. I intended to vote no.
Huberty
Amendment No. 5 was adopted.
REPRESENTATIVE SCHAEFER: I just want to point out a contradiction here. When you read the lawsuit against the Texas Department of Licensing and Regulation, they argue over and over and over again that this is a threat to public health. Threat to public health---we have to regulate this. And yet here we have the agency being represented saying no, deregulate it. Deregulate it. Why do you think that is? Why do you think that is? Because they're trying to do a bit of legislative sleight of hand and say---oh, now look, court, we've cleaned this up; the facts in the case are moot. Deregulating, as they're doing in this bill---I can read you word for word where they say the exact opposite. So again, Texas Conservative Coalition is against this bill because it undercuts little people, poor people who have had pro bono lawyers file a lawsuit that's gone all the way to the Supreme Court for some economic liberty. And we're just going to say you know what, we're just going to cut your knees out from under you. And I'm against this bill.
REPRESENTATIVE SIMPSON: I think the goal here in many ways is good, but could you explain to me the differences between the bill you filed and the committee substitute that you brought to the floor?
REPRESENTATIVE SMITH: The committee substitute makes certain that we deregulate threading.
SIMPSON: And who requested that you exempt threaders from regulation?
SMITH: We heard this in committee, and I have decided that we would deregulate threading.
SIMPSON: Was it not TDLR?
SMITH: TDLR was a part of the process, yes.
SIMPSON: Okay, so they asked for this to be added to the substitute?
SMITH: Yes.
SIMPSON: Are you aware of the court case that's involving the individuals who are being deprived of their livelihood when TDLR stepped in to stop their practice of eyebrow threading operations?
SMITH: And if we deregulate threading, they will be able to continue their livelihood. This solves that issue for them.
SIMPSON: I certainly want it, but I think I want the result of this court case to have a much broader effect than just these few individuals. Are you aware that as recently as January 14, in a letter from an attorney, TDLR was claiming this licensing regime addresses a concrete, established threat to public health posed by unlicensed and unsanitary eyebrow threading operations?
SMITH: I'm not aware of that, but we're deregulating it anyway.
SIMPSON: I have the letter here. And it seems strange to me that TDLR is saying that it's unsafe on the one hand, and on the other hand they're asking you to carry this legislation that's going to deregulate. Is it not that they're seeking to limit the broader impact of economic freedom that individuals should be guaranteed under our constitution, Article I, Section 19?
SMITH: I believe that those of us in this body are the ones that make the decisions regarding what we deregulate and what we don't deregulate. And that if the process means that each time something goes to a court we have to stop entertaining legislation that affects it, we become almost nonexistent.
SIMPSON: That would have been great if TDLR hadn't done what they're doing. And they're being really hypocritical on saying one thing and doing another. So I would have supported your bill with the Schaefer amendment, but I cannot do that now because this court case will affect the economic freedom of many other people.
REPRESENTATIVE PHILLIPS: Mr. Smith, let me make sure I understand, for liberty's sake. Your bill will do away with the regulating of certain people's ability to do their job. Is that correct?
SMITH: It does away with regulating some of those people that are currently regulated. It does away with the requirement to be regulated.
PHILLIPS: Okay, so your bill does away with the regulation, correct?
SMITH: That's correct. It's a deregulation bill.
PHILLIPS: And these guys want to wait for some court to do it instead of doing it today.
SMITH: That's correct.
PHILLIPS: And by the way, some lawyers can't make money if there's no need to go to court. Is that correct?
SMITH: That's correct.
PHILLIPS: So this is a deregulation bill, and it's also an anti-tort bill.
SMITH: That's correct.
REPRESENTATIVE GUTIERREZ: Chairman, we've been in committee dealing with these issues for the last several sessions in Licensing and Administrative Procedures. Is that not correct?
SMITH: That's correct.
GUTIERREZ: And we look at the health and safety of these industries, and we determine, you know, what is health and safety, what can be fixed, what fixes can be had. And this is a fix that solves a problem and deregulates an industry and that will not affect health and safety. Right?
SMITH: That's correct.
GUTIERREZ: And, as Chairman Phillips just suggested, we are solving an issue. We're helping the little man by deregulating today. Correct?
SMITH: That's correct.
GUTIERREZ: And we don't need to wait for a lawsuit, to have lawyers make more money, to solve this problem today.
SMITH: That's correct. If someone wants to do threading, they no longer have to go get regulated to do threading.
GUTIERREZ: Well, chairman, I think you have a very good bill. I hope that we can go forward and vote this through today.
CSHB 4069, as amended, was passed to engrossment by (Record 735): 97 Yeas, 48 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Aycock; Bernal; Bohac; Bonnen, D.; Bonnen, G.; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hunter; Johnson; Kacal; King, K.; King, S.; King, T.; Koop; Landgraf; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Parker; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Thompson, E.; Thompson, S.; Turner, S.; VanDeaver; Vo; Walle; Wu; Zerwas.
Nays — Anchia; Ashby; Bell; Blanco; Burkett; Burrows; Craddick; Cyrier; Elkins; Fallon; Flynn; Frank; Hernandez; Hughes; Isaac; Israel; Keffer; Keough; King, P.; Klick; Krause; Kuempel; Laubenberg; Leach; Metcalf; Morrison; Murr; Paddie; Paul; Phelan; Riddle; Rinaldi; Sanford; Schaefer; Schubert; Shaheen; Simpson; Spitzer; Stickland; Tinderholt; Turner, C.; Turner, E.S.; Villalba; White, J.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Geren(C).
Absent, Excused, Committee Meeting — Otto.
Absent — Dukes; Stephenson.
STATEMENT OF VOTE
When Record No. 735 was taken, I was shown voting yes. I intended to vote no.
R. Anderson
CSHB 3405 ON SECOND READING
(by Isaac and E. Rodriguez)
CSHB 3405, A bill to be entitled An Act relating to the territory and authority of the Barton Springs-Edwards Aquifer Conservation District to regulate certain wells for the production of groundwater.
CSHB 3405 - POINT OF ORDER
Representative Y. Davis raised a point of order against further consideration of CSHB 3405.
The point of order was withdrawn.
The chair postponed consideration of CSHB 3405 until 2:30 p.m. today.
(Ashby in the chair)
HB 4149 ON SECOND READING
(by Keough)
HB 4149, A bill to be entitled An Act relating to the powers, operations, and boundaries of The Woodlands Township; authorizing a fee.
HB 4149 was passed to engrossment.
CSHB 633 ON SECOND READING
(by G. Bonnen, et al.)
CSHB 633, A bill to be entitled An Act relating to a sales and use tax exemption for certain health care supplies.
Representative G. Bonnen moved to postpone consideration of CSHB 633 until 10 a.m. tomorrow.
The motion prevailed.
CSHB 30 ON SECOND READING
(by Larson, Villalba, and Fallon)
CSHB 30, A bill to be entitled An Act relating to the development of seawater and brackish groundwater.
CSHB 30 was passed to engrossment.
CSHB 1101 ON SECOND READING
(by S. Turner)
CSHB 1101, A bill to be entitled An Act relating to extending the period over which the balance of the system benefit fund is to be eliminated.
CSHB 1101 was passed to engrossment.
CSHB 127 ON SECOND READING
(by McClendon)
CSHB 127, A bill to be entitled An Act relating to the issuance of specialty license plates to honor recipients of the Commendation Medal.
(Otto now present)
CSHB 127 was passed to engrossment.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on Culture, Recreation, and Tourism:
Frullo on motion of Lozano.
Guillen on motion of Lozano.
Larson on motion of Lozano.
Márquez on motion of Lozano.
Murr on motion of Lozano.
Smith on motion of Lozano.
The following member was granted leave of absence for the remainder of today to attend a meeting of the Committee on Culture, Recreation, and Tourism:
Dukes on motion of Lozano.
CSHB 725 ON SECOND READING
(by S. Turner)
CSHB 725, A bill to be entitled An Act relating to the appeal of waiver of jurisdiction and transfer to criminal court in juvenile cases.
Representative S. Turner moved to postpone consideration of CSHB 725 until 7:59 a.m. Monday, May 11.
The motion prevailed.
CSHB 988 ON SECOND READING
(by González, Pickett, Márquez, Moody, and Blanco)
CSHB 988, A bill to be entitled An Act relating to a study of the feasibility of establishing a visitors center at Hueco Tanks State Park in El Paso County.
CSHB 988 was passed to engrossment by (Record 736): 72 Yeas, 63 Nays, 4 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Bell; Bernal; Blanco; Burns; Canales; Coleman; Collier; Cook; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Galindo; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; King, K.; King, T.; Landgraf; Longoria; Lozano; Lucio; Martinez Fischer; McClendon; Miles; Miller, R.; Minjarez; Moody; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Phelan; Pickett; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Sheffield; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; White, J.; Wu; Zerwas.
Nays — Anderson, C.; Anderson, R.; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burrows; Button; Capriglione; Clardy; Craddick; Cyrier; Dale; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Geren; Goldman; Gonzales; Harless; Hughes; Isaac; Keough; King, P.; King, S.; Klick; Koop; Kuempel; Laubenberg; Metcalf; Meyer; Miller, D.; Morrison; Otto; Parker; Paul; Peña; Price; Rinaldi; Schaefer; Schubert; Shaheen; Sheets; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Ashby(C); Martinez; Phillips.
Absent, Excused, Committee Meeting — Dukes; Frullo; Guillen; Larson; Márquez; Murr; Smith.
Absent — Krause; Leach; Paddie; Sanford.
STATEMENTS OF VOTE
When Record No. 736 was taken, I was in the house but away from my desk. I would have voted no.
Krause
When Record No. 736 was taken, I was shown voting yes. I intended to vote no.
R. Miller
COMMITTEE GRANTED PERMISSION TO MEET
Representative Darby requested permission for the Committee on Energy Resources to meet while the house is in session, at 3 p.m. today, in 3W.15, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Energy Resources, 3 p.m. today, 3W.15, for a formal meeting, to consider pending business.
CSHB 258 ON SECOND READING
(by Miles, Laubenberg, et al.)
CSHB 258, A bill to be entitled An Act relating to the provision of the reason for rejecting a voter registration application.
CSHB 258 was passed to engrossment. (C. Anderson recorded voting no.)
CSHB 1169 ON SECOND READING
(by Flynn and Fallon)
CSHB 1169, A bill to be entitled An Act relating to the confidentiality of certain information in the possession of an appraisal district; amending provisions subject to a criminal penalty.
CSHB 1169 was passed to engrossment.
HB 3512 ON SECOND READING
(by S. Davis)
HB 3512, A bill to be entitled An Act relating to lobbying activities and the registration of lobbyists.
HB 3512 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of HB 3512 under Rule 1, Section 4 and Rule 4, Section 32(c)(3) of the House Rules on the grounds that the bill was incorrectly referred and the bill analysis is incorrect.
The point of order was withdrawn.
Representative S. Davis moved to postpone consideration of HB 3512 until 2:47 p.m. today.
The motion prevailed.
HB 1715 ON SECOND READING
(by Oliveira)
HB 1715, A bill to be entitled An Act relating to a report by the comptroller on wage theft.
HB 1715 was passed to engrossment.
HB 1171 ON SECOND READING
(by Farney, Villalba, and Fallon)
HB 1171, A bill to be entitled An Act relating to the applicability of certain immunity and liability laws to open-enrollment charter schools.
HB 1171 was passed to engrossment.
HB 1425 ON SECOND READING
(by Fletcher and J. White)
HB 1425, A bill to be entitled An Act relating to the amount of the fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.
HB 1425 was passed to engrossment.
CSHB 1799 ON SECOND READING
(by S. Thompson)
CSHB 1799, A bill to be entitled An Act relating to the adoption of the Uniform Electronic Legal Material Act.
CSHB 1799 was passed to engrossment.
CSHB 1878 ON SECOND READING
(by Laubenberg, Coleman, Guerra, G. Bonnen, Giddings, et al.)
CSHB 1878, A bill to be entitled An Act relating to the reimbursement of providers under the Medicaid program for the provision of telemedicine medical services in a school-based setting.
(Márquez now present)
Amendment No. 1
Representative Collier offered the following amendment to CSHB 1878:
Amend CSHB 1878 (house committee report) as follows:
(1) On page 1, line 7, strike "Subsection (c-4)" and substitute "Subsections (c-4) and (g-1)".
(2) On page 1, strike lines 16 through 17 and substitute the following:
a primary or secondary school-based setting;
(3) the parent or legal guardian of the patient provides consent before the service is provided; and
(4) a health professional is present with the patient
(3) On page 2, between lines 4 and 5, insert the following:
(g-1) If a patient receiving a telemedicine medical service in a school-based setting as described by Subsection (c-4) does not have a primary care physician or provider, the commission shall require that the patient's parent or legal guardian receive:
(1) the notification required under Subsection (g); and
(2) a list of primary care physicians or providers from which the patient may select the patient's primary care physician or provider.
Amendment No. 1 was adopted.
CSHB 1878, as amended, was passed to engrossment.
(Frullo, Guillen, and Larson now present)
CSHB 2168 ON SECOND READING
(by Muñoz)
CSHB 2168, A bill to be entitled An Act relating to the payment date for annuities from the Teacher Retirement System of Texas.
CSHB 2168 was passed to engrossment.
CSHB 1984 ON SECOND READING
(by G. Bonnen, Craddick, Oliveira, S. Turner, C. Anderson, et al.)
CSHB 1984, A bill to be entitled An Act relating to the aerospace and aviation office of the Texas Economic Development and Tourism Office and to the aerospace and aviation advisory committee.
(Murr now present)
CSHB 1984 was passed to engrossment by (Record 737): 126 Yeas, 11 Nays, 2 Present, not voting. (The vote was reconsidered later today, SB 458 was considered in lieu of CSHB 1984, and SB 458 was read second time and passed to third reading. CSHB 1984 was laid on the table subject to call.)
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheets; Sheffield; Smithee; Spitzer; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Bell; Bohac; Krause; Metcalf; Rinaldi; Sanford; Schaefer; Simpson; Stickland; Tinderholt; White, M.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes; Smith.
Absent — Goldman; Guillen; Hughes; Isaac; Schofield; Shaheen; Simmons; Thompson, E.; White, J.
STATEMENTS OF VOTE
When Record No. 737 was taken, I was in the house but away from my desk. I would have voted yes.
Hughes
When Record No. 737 was taken, my vote failed to register. I would have voted yes.
Isaac
When Record No. 737 was taken, I was in the house but away from my desk. I would have voted no.
Shaheen
When Record No. 737 was taken, I was in the house but away from my desk. I would have voted yes.
Simmons
When Record No. 737 was taken, I was in the house but away from my desk. I would have voted yes.
E. Thompson
When Record No. 737 was taken, my vote failed to register. I would have voted yes.
J. White
HB 2014 ON SECOND READING
(by Sheets and Fallon)
HB 2014, A bill to be entitled An Act relating to the authority of military personnel to obtain certification to teach career and technology education classes in public schools.
Amendment No. 1
Representative Sheets offered the following amendment to HB 2014:
Amend HB 2014 (house committee printing) as follows:
(1) On page 1, line 9, between "Sec. 21.0487." and "EDUCATION", strike "CAREER AND TECHNOLOGY" and substitute "TRADES AND INDUSTRIES".
(2) On page 1, lines 10 through 11, between "seeking" and "education", strike "career and technology" and substitute "trades and industries".
Amendment No. 1 was adopted.
HB 2014, as amended, was passed to engrossment.
CSHB 2162 ON SECOND READING
(by Simmons)
CSHB 2162, A bill to be entitled An Act relating to municipal regulation of the use of alarm systems; authorizing a municipal fee.
Amendment No. 1
Representative Simmons offered the following amendment to CSHB 2162:
Amend CSHB 2162 (house committee report) as follows:
(1) On page 3, lines 2 and 3, strike "[a response is made by]" and substitute "a response is made by".
(2) On page 3, lines 3 and 4, strike "[within 30 minutes of the alarm notification and the agency]" and substitute "within a reasonable time [30 minutes] of the alarm notification and the agency".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Simmons offered the following amendment to CSHB 2162:
Amend CSHB 2162 (house committee report) as follows:
(1) On page 3, line 14, between "a" and "false", insert "burglary".
(2) On page 3, line 17, between "other" and "false", insert "burglary".
(3) On page 3, line 19, between "other" and "false", insert "burglary".
(4) On page 3, line 21, after "other", insert "burglary".
Amendment No. 2 was adopted.
Representative Simmons moved to postpone consideration of CSHB 2162 until 3:15 p.m. today.
The motion prevailed.
CSHB 839 - NOTICE GIVEN
Pursuant to the provisions of Rule 7, Section 37(c) of the House Rules, Representative Aycock gave notice that a member would, on the next legislative day, move to reconsider the vote by which CSHB 839 failed to pass by Record No. 706.
CSHB 3089 ON SECOND READING
(by Galindo, Bernal, McClendon, and Martinez Fischer)
CSHB 3089, A bill to be entitled An Act relating to fire protection sprinkler systems in certain residential high-rise buildings in certain counties; creating a criminal offense.
Amendment No. 1
Representative Galindo offered the following amendment to CSHB 3089:
Amend CSHB 3089 (house committee printing) as follows:
(1) On page 2, line 19, strike "chapter" and substitute "subchapter".
(2) On page 3, immediately after line 27, add the following new subsections, appropriately lettered, and reletter subsections of added Section 766.054, Health and Safety Code, accordingly:
( ) Notwithstanding Subsections (b), (c), (d), and (e), an owner of multiple residential high-rise buildings built before September 1, 2015, is considered to have met the requirements of this section if a fire protection sprinkler system is installed on all floors of:
(1) at least 33 percent of the owner's residential high-rise buildings not later than September 1, 2021;
(2) at least 66 percent of the owner's residential high-rise buildings not later than September 1, 2024; and
(3) all of the owner's residential high-rise buildings not later than September 1, 2027.
( ) If a residential high-rise building is a condominium as defined by Section 81.002 or 82.003, Property Code, the apartment or unit owners of the condominium may comply with this subchapter by acting jointly through the council of owners or unit owners' association, as applicable, of the condominium.
(3) On page 4, line 10, strike "chapter" and substitute "subchapter".
Amendment No. 1 was adopted.
CSHB 3089, as amended, was passed to engrossment. (C. Anderson, Button, and Capriglione recorded voting no.)
CSHB 1481 ON SECOND READING
(by Murphy, Herrero, Deshotel, Fletcher, and Phillips)
CSHB 1481, A bill to be entitled An Act relating to prohibiting the operation of an unmanned aircraft over certain facilities; creating a criminal offense.
CSHB 1481 was passed to engrossment.
CSHB 1663 ON SECOND READING
(by Cook, Villalba, and Fallon)
CSHB 1663, A bill to be entitled An Act relating to a defendant's payment of costs associated with a court-appointed counsel.
Amendment No. 1
Representatives Alonzo and Cook offered the following amendment to CSHB 1663:
Amend CSHB 1663 (house committee report) on page 1 of the bill as follows:
(1) On line 19, between "court" and "may", insert ", after providing written notice to the defendant and an opportunity for the defendant to present information relevant to the defendant's ability to pay,".
(2) Between lines 22 and 23, insert the following appropriately numbered subdivision:
( ) In making a determination under Subdivision (2), the court may only consider the information a court or courts' designee is authorized to consider in making an indigency determination under Article 26.04(m).
Amendment No. 1 was adopted.
CSHB 1663, as amended, was passed to engrossment.
CSHB 1449 ON SECOND READING
(by S. Thompson)
CSHB 1449, A bill to be entitled An Act relating to child custody evaluations and adoption evaluations conducted and testimony provided in certain suits affecting the parent-child relationship; providing penalties; creating an offense; authorizing fees.
Amendment No. 1
Representative S. Thompson offered the following amendment to CSHB 1449:
Amend CSHB 1449 as follows:
On page 18, line 1, strike "record"; and
On page 18, line 14, strike "record".
Amendment No. 1 was adopted.
Amendment No. 2
Representative S. Thompson offered the following amendment to CSHB 1449:
Amend CSHB 1449 (house committee report) as follows:
(1) On page 7, line 6, after the semicolon, strike "[or]" and substitute "or".
(2) On page 7, line 11, following "office", strike "; or" and substitute ".".
(3) Strike page 7, line 12 through page 8, line 6, and substitute the following:
(c) Notwithstanding Subsections (b)(1) and (2), an individual with a doctoral degree and who holds a license in a human services field of study is qualified to conduct a child custody evaluation if the individual has completed a number of hours of professional development coursework and practice experience directly related to the performance of child custody evaluations as described by this chapter, satisfactory to the licensing agency that issues the individual's license.
(d) The licensing agency that issues a license to an individual described by Subsection (c) may determine by rule that internships, practicums, and other professional preparatory activities completed by the individual during the course of achieving the person's doctoral degree satisfy the requirements of Subsection (c) in whole or in part.
(4) On page 8, line 7, strike "(d) [(e) If" and substitute "(e) [If".
(5) On page 17, strike lines 16 through 19 and substitute the following:
(4) an observation and, if the child is at least four years old, an interview of any child who is not a subject of the suit who lives on a full-time basis in a residence that is the subject of the evaluation, including with other children or parties who are subjects of the evaluation, where appropriate;
(6) On page 21, line 1, strike "qualified".
(7) On page 44, line 14, strike "September" and substitute "March".
(8) On page 45, lines 3 and 4, strike "evaluation, adoption evaluation, or other forensic service" and substitute "evaluation or adoption evaluation".
(9) On page 45, lines 5 and 6, strike "or other forensic services".
(10) On page 46, lines 8 and 13, strike "September" and substitute "March".
(11) On page 47, between lines 8 and 9, insert the following appropriately lettered subsection and renumber other subsections accordingly:
(c) Notwithstanding Section 107.104(b)(1), Family Code, as redesignated and amended by this Act, an individual who on or before the effective date of this Act has completed at least 20 social studies ordered by a court in suits affecting the parent-child relationship and who holds a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist is not required to comply with Section 107.104(b)(1), Family Code, as redesignated and amended by this Act.
(12) On page 47, strike lines 10-12 and substitute the following:
suit affecting the parent-child relationship that is filed on or after March 1, 2016.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Phillips offered the following amendment to CSHB 1449:
Amend CSHB 1449 (house committee report) as follows:
(1) On page 10, line 5, between "hearing" and the underlined comma, insert "or on agreement of the parties".
(2) On page 30, line 16, between "hearing" and the underlined comma, insert "or on agreement of the parties".
Amendment No. 3 was adopted.
CSHB 1449, as amended, was passed to engrossment by (Record 738): 105 Yeas, 32 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bernal; Blanco; Bohac; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Keffer; Keough; King, K.; King, S.; King, T.; Klick; Kuempel; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Sheets; Sheffield; Simpson; Smithee; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Vo; Walle; White, M.; Workman; Wu; Zedler; Zerwas.
Nays — Bell; Bonnen, D.; Bonnen, G.; Burkett; Craddick; Cyrier; Dale; Fallon; Frank; Goldman; Isaac; Koop; Krause; Landgraf; Leach; Metcalf; Meyer; Murr; Phelan; Rinaldi; Schaefer; Schofield; Shaheen; Simmons; Spitzer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Villalba; White, J.; Wray.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes; Smith.
Absent — Clardy; Elkins; Hughes; Kacal; King, P.; Laubenberg; McClendon; Morrison; Rodriguez, E.
STATEMENTS OF VOTE
When Record No. 738 was taken, I was shown voting yes. I intended to vote no.
Capriglione
When Record No. 738 was taken, I was shown voting no. I intended to vote yes.
Cyrier
When Record No. 738 was taken, I was in the house but away from my desk. I would have voted no.
Hughes
When Record No. 738 was taken, I was shown voting no. I intended to vote yes.
Meyer
When Record No. 738 was taken, I was shown voting yes. I intended to vote no.
Paul
When Record No. 738 was taken, I was shown voting no. I intended to vote yes.
Schofield
HB 1431 ON SECOND READING
(by S. King)
HB 1431, A bill to be entitled An Act relating to the development of a career-oriented foreign language program that public schools may offer.
HB 1431 was passed to engrossment.
CSHB 1790 ON SECOND READING
(by Márquez and Nevárez)
CSHB 1790, A bill to be entitled An Act relating to job performance on behalf of a fire fighter or police officer who is recovering from an off-duty injury.
Amendment No. 1
Representative Márquez offered the following amendment to CSHB 1790:
Amend CSHB 1790 (house committee report) by striking SECTION 1 of the bill (page 1, lines 5 through 19) and substituting the following:
SECTION 1. Section 143.073(d), Local Government Code, is amended to read as follows:
(d) If a fire fighter or police officer is temporarily disabled by an injury or illness that is not related to the person's line of duty, the person may:
(1) use all sick leave, vacation time, and other accumulated time before the person is placed on temporary leave; or
(2) have another fire fighter or police officer volunteer to do the person's work while the person is temporarily disabled by the injury or illness.
Amendment No. 1 was adopted.
CSHB 1790, as amended, was passed to engrossment.
CSHB 1903 ON SECOND READING
(by Raney and Kacal)
CSHB 1903, A bill to be entitled An Act relating to the distribution of funds to campuses in the Blinn Junior College District service area.
CSHB 1903 - POINT OF ORDER
Representative Schubert raised a point of order against further consideration of CSHB 1903.
The point of order was withdrawn.
Representative Raney moved to postpone consideration of CSHB 1903 until 3:25 p.m. today.
The motion prevailed.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 2162 ON SECOND READING
(by Simmons)
CSHB 2162, A bill to be entitled An Act relating to municipal regulation of the use of alarm systems; authorizing a municipal fee.
CSHB 2162 was read second time earlier today, amendments were offered and disposed of, and CSHB 2162 was postponed until this time.
CSHB 2162, as amended, was passed to engrossment. (Capriglione recorded voting no.)
(Smith now present)
(Geren in the chair)
CSHB 3405 ON SECOND READING
(by Isaac and E. Rodriguez)
CSHB 3405, A bill to be entitled An Act relating to the territory and authority of the Barton Springs-Edwards Aquifer Conservation District to regulate certain wells for the production of groundwater.
CSHB 3405 was read second time earlier today and was postponed until this time.
CSHB 3405 - POINT OF ORDER
Representative Y. Davis raised a point of order against further consideration of CSHB 3405 under Rule 8, Section 10 of the House Rules, Article XVI, Section 59 of the Texas Constitution, and Chapter 313 of the Government Code on the grounds that notice of intention to apply for the passage of the bill was not properly published.
The chair overruled the point of order and submitted the following statement:
Representative Y. Davis raised three points of order against further consideration of CSHB 3405 on the grounds that notice was not properly published, provided, nor attached pursuant to Rule 8, Section 10 of the House Rules; Article XVI, Section 59 of the Texas Constitution; and Chapter 313 of the Government Code. The points of order are respectfully overruled.
Rule 8, Section 10(a) of the House Rules prohibits consideration of a local bill "unless notice of intention to apply for the passage of the bill was published as provided by law and evidence of the publication is attached to the bill." Rule 8, Section 10(a) of the House Rules. If notice is not attached to the bill when filed, notice may be filed and distributed to committee members prior to the bill being laid out in committee. Evidence of the notice "shall be attached to the bill on first printing and shall remain with the measure throughout the entire legislative process, including submission to the governor." Rule 8, Section 10(a) of the House Rules. While Representative Y. Davis also raised a point of order under Chapter 313 of the Government Code, Rule 8, Section 10 of the House Rules governs compliance with the publication requirements for local bills in the house.
Article XVI, Section 59 of the Texas Constitution "authorizes local laws for various kinds of conservation and reclamation districts." TEX. CONST. art. XVI, § 59. Subsection (d) specifically provides that local bills under Section 59 shall not be passed unless notice of intent to introduce the bill has been "published. . .in a newspaper or newspapers having general circulation in the county or counties in which [the] said district or any part thereof is or will be located. . . ." TEX. CONST. art. XVI, § 59(d) (emphasis added). Subsection (e) provides further that, at the time notice is published pursuant to Section 59(d), a copy of the bill must be "delivered to the commissioners court of each county in which said district or any part thereof is or will be located and to the governing body of each incorporated city or town in whose jurisdiction said district or any part thereof is or will be located." Id. at § 59(e).
In her first point of order, Representative Y. Davis argues that Rule 8, Section 10 of the House Rules requires that evidence of publication be attached to a local bill throughout the entire legislative process, and that no evidence of publication was attached to the committee report. See Rule 8, Section 10 of the House Rules. She argues in her second point that Article XVI, Section 59 of the Texas Constitution requires notice of publication to be provided to the commissioner's court and governing bodies, and that this action was not taken. See TEX. CONST. art. XVI, § 59. Finally, in her third point, Representative Y. Davis asserts that the notice itself was deficient because it was not properly published in the county paper.
With regard to the first point of order, the chair has examined the original bill and the committee report and finds that, pursuant to Rule 8, Section 10 of the House Rules, the requirement that evidence of publication be attached to the measure throughout the entire process appears to have been complied with. See Rule 8, Section 10 of the House Rules.
With regard to the second point of order raised under Article XVI, Section 59 of the Texas Constitution, Rule 8, Section 10 of the House Rules governs the notice that must be published, and the chair finds that Rule 8, Section 10 of the House Rules was complied with in this case. To the extent that Representative Y. Davis raises an issue about whether Article XVI, Section 59 requires that the house have effective notice that notice was given to all commissioner's courts and governing bodies, the house rules do not directly address this issue. In the absence of a statutory or parliamentary procedure for proof that a copy of the notice was delivered, the presiding officer has no basis on which to sustain a point of order that the required copy was not delivered. This may be a matter the house members wish to address in their next opportunity for rules changes.
As to Representative Y. Davis' final point of order, that notice was ineffective because it was not properly published in the county paper, pursuant to Rule 8, Section 10 of the House Rules, such notice---as evidenced by the affidavit attached to the local bill---appears to have been properly given. For these reasons, the three points of order are respectfully overruled.
CSHB 3405 was passed to engrossment.
HB 14 ON SECOND READING
(by Morrison, Isaac, and Reynolds)
HB 14, A bill to be entitled An Act relating to the Texas emissions reduction plan.
HB 14 was read second time on May 6 and was postponed until 1 p.m. today.
(Ashby in the chair)
Amendment No. 1
Representative Morrison offered the following amendment to HB 14:
Amend HB 14 (house committee report) as follows:
(1) On page 5, line 9, between "additional" and "state", insert "federal or".
(2) Strike page 5, line 14, through page 6, line 10, and substitute the following:
(4) [is rated at not more than 9,600 pounds unloaded vehicle weight;
[(5)] has a dedicated or bi-fuel compressed natural gas or liquefied petroleum gas fuel system:
(A) installed prior to first sale or within 500 miles of operation of the vehicle following first sale; and
(B) with a range of at least 125 miles as estimated, published, and updated by the United States Environmental Protection Agency;
(5) [(6)] has, as applicable, a:
(A) compressed natural gas fuel system that complies with the:
(i) 2013 NFPA 52 Vehicular Gaseous Fuel Systems Code; and
(ii) American National Standard for Basic Requirements for Compressed Natural Gas Vehicle (NGV) Fuel Containers, commonly cited as "ANSI/CSA NGV2"; or
(B) liquefied petroleum gas fuel system that complies with:
(i) the 2011 NFPA 58 Liquefied Petroleum Gas Code; and
(ii) Section VII of the 2013 ASME Boiler and Pressure Vessel Code; and
(6) [(7)] was acquired on or after September 1, 2013, or a later date established by the commission, by the person applying for the incentive under this subsection and for use or lease by that person and not for resale.
(3) Strike page 6, line 21, through page 7, line 8, and substitute the following:
(4) [is rated at not more than 8,500 pounds unloaded vehicle weight;
[(5)] has a maximum speed capability of at least 55 miles per hour;
(5) [(6)] is propelled to a significant extent by an electric motor that draws electricity from a hydrogen fuel cell or from a battery that:
(A) has a capacity of not less than four kilowatt hours; and
(B) is capable of being recharged from an external source of electricity; and
(6) [(7)] was acquired on or after September 1, 2013, or a later date as established by the commission, by the person applying for the incentive under this subsection and for use or lease by that person and not for resale.
(4) On page 7, line 16, between "vehicles" and "shall" insert ", an intermediate or final state vehicle manufacturer, or a manufacturer of compressed natural gas or liquefied petroleum gas systems".
(5) On page 7, line 17, between "vehicle" and "models" insert "or natural gas or liquefied petroleum gas systems".
(6) On page 7, line 20, between "manufacturer" and "may" insert "or installer".
(7) On page 7, line 26, between "manufacturers" and "of" insert "or installers".
(8) On page 8, line 1, between "vehicle" and the period, insert "or within 500 miles of operation of the vehicle following first sale".
(9) Strike page 12, line 20, through page 13, line 1, and substitute the following:
(2) new technology projects that reduce emissions of regulated pollutants from stationary [point] sources;
(2-a) new technology projects that reduce emissions from upstream and midstream oil and gas production, completions, gathering, storage, processing, and transmission activities through:
(A) the replacement, repower, or retrofit of stationary compressor engines; or
(B) the installation of systems to reduce or eliminate the loss of gas, flaring of gas, or burning of gas using other combustion control devices; and
(10) On page 15, line 17, strike "five" and substitute "four".
(11) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 386.103, Health and Safety Code, is amended by adding Subsection (c) to read as follows:
(c) To reduce the administrative burden for the commission and applicants, the commission may streamline the application process by:
(1) reducing data entry and the copying and recopying of applications; and
(2) developing, maintaining, and periodically updating a system to accept applications electronically through the commission's Internet website.
SECTION ____. Section 386.181(a), Health and Safety Code, is amended to read as follows:
(a) In this subchapter, "drayage truck" means a truck or land-based equipment that transports a load to, [or] from, or in a seaport or rail yard.
SECTION ____. Section 386.182(a), Health and Safety Code, is amended to read as follows:
(a) The commission shall:
(1) develop a purchase incentive program to encourage owners to replace drayage trucks with pre-2007 model year engines or engines certified to an emission rate equivalent to a pre-2007 model year engine; and
(2) [with newer drayage trucks and shall] adopt guidelines necessary to implement the program described by Subdivision (1).
SECTION ____. Section 394.001, Health and Safety Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Certified" includes:
(A) new vehicle or engine certification by the United States Environmental Protection Agency; or
(B) certification or approval by the United States Environmental Protection Agency of a system to convert a vehicle or engine to operate on an alternative fuel and a demonstration by the emissions data used to certify or approve the vehicle or engine, if the commission determines the testing used to obtain the emissions data is consistent with the testing required for approval of an alternative fuel conversion system for new and relatively new vehicles or engines under 40 C.F.R. Part 85.
Amendment No. 1 was adopted.
HB 14, as amended, was passed to engrossment by (Record 739): 136 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Schaefer; Simpson; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes.
Absent — Anderson, R.; Clardy; King, S.; Laubenberg; Murphy; Turner, E.S.
STATEMENTS OF VOTE
When Record No. 739 was taken, my vote failed to register. I would have voted yes.
R. Anderson
When Record No. 739 was taken, I was in the house but away from my desk. I would have voted yes.
S. King
When Record No. 739 was taken, I was in the house but away from my desk. I would have voted yes.
Murphy
HB 912 ON THIRD READING
(by Isaac)
HB 912, A bill to be entitled An Act relating to the dismissal of protests against certain decisions and actions of the Texas Commission on Environmental Quality regarding wastewater discharge permits.
HB 912 was read third time earlier today and was postponed until this time.
HB 912 was passed by (Record 740): 118 Yeas, 22 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Coleman; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Guillen; Gutierrez; Harless; Herrero; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Lozano; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Morrison; Muñoz; Murphy; Murr; Nevárez; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, J.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, M.; Wray; Zedler; Zerwas.
Nays — Anchia; Canales; Collier; Davis, Y.; Dutton; Giddings; Hernandez; Howard; Israel; Longoria; Lucio; Márquez; Martinez; Moody; Naishtat; Oliveira; Rodriguez, E.; Simpson; Stickland; Thompson, S.; Turner, C.; Wu.
Present, not voting — Mr. Speaker; Ashby(C); González.
Absent, Excused, Committee Meeting — Dukes.
Absent — Clardy; King, S.; Laubenberg; Rose; White, J.; Workman.
STATEMENTS OF VOTE
When Record No. 740 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 740 was taken, I was shown voting yes. I intended to vote no.
Farrar
When Record No. 740 was taken, I was in the house but away from my desk. I would have voted yes.
S. King
When Record No. 740 was taken, I was shown voting yes. I intended to vote no.
Miles
When Record No. 740 was taken, I was shown voting yes. I intended to vote no.
Romero
When Record No. 740 was taken, I was in the house but away from my desk. I would have voted yes.
J. White
When Record No. 740 was taken, I was in the house but away from my desk. I would have voted yes.
Workman
CSHB 1096 ON SECOND READING
(by Murphy, Laubenberg, P. King, Parker, Schofield, et al.)
CSHB 1096, A bill to be entitled An Act relating to the residence address of a person for purposes of a response to a confirmation notice sent by the registrar.
CSHB 1096 was read second time earlier today and was postponed until this time.
CSHB 1096 - POINT OF ORDER
Representative E. Rodriguez raised a point of order against further consideration of CSHB 1096 under Rule 4, Section 41 and Rule 11, Section 2 of the House Rules on the grounds that the committee substitute is not germane to the bill.
The chair overruled the point of order and submitted the following statement:
Representative E. Rodriguez raised a point of order against further consideration of CSHB 1096 under Rule 4, Section 41 and Rule 11, Section 2 of the House Rules on the grounds that "the committee substitute is not germane to the bill as introduced." The point of order is respectfully overruled.
Rule 11, Section 2 of the House Rules states that "no motion or proposition on a subject different from the subject under consideration shall be admitted as an amendment or as a substitute for the motion or proposition under debate." Rule 11, Section 2 of the House Rules. If a point of order is sustained because a committee substitute is not germane, "the committee substitute shall be returned to the Committee on Calendars. . . ." Rule 4, Section 41 of the House Rules. CSHB 1096 as introduced created a hierarchy to establish the residence of a registered voter. The bill delineates six possible qualifying residences and provides for certain exceptions. The committee substitute seeks to narrow the class of registered voters for whom the residence must be established to only those who receive a confirmation notice from the registrar. In other words, the substitute addresses qualifying residences for the purposes of voter registration as does the original bill, but it does so only in relation to the requisite response to a confirmation notice.
Having reviewed the original bill, committee substitute, and applicable house rules and precedent, the chair, therefore, determines that, because the subset carved out by the committee substitute is germane to the larger group to which the original bill applied, the committee substitute does not violate the house rules. See Rule 4, Section 41 of the House Rules; Rule 11, Section 2 of the House Rules; 83 H.J. Reg. 2984 (2013) (Dutton point of order on CSHB 34).
CSHB 1096 - REMARKS
REPRESENTATIVE MURPHY: Just to kind of reset for the members here, CSHB 1096 will ensure that voters reside and vote in the same place. It does not affect residency for candidates. It's only used in the case of a challenge of residency---it's not a requirement to register to vote---and establishes a series of documents that can be used to verify residency.
REPRESENTATIVE REYNOLDS: Jim, I know you laid this out before the Elections Committee, and I definitely understand, you know, what your intent is, but for the body, would you kind of explain what is the intent behind this bill?
MURPHY: Absolutely. So when we were in committee, we had testimony from a number of people who had---a lot of them the voter registrars---people registered in vacant lots, commercial buildings, places that are clearly not residences---and wondering about the integrity of our election rules. And so the idea of this bill was to find a way to verify, in a challenge, that somebody really did reside where they said. And so this bill has a number of exemptions---full-time students, military. There's a way to get an affidavit. If you're a homeless person---who I did not know could register to vote, but they can; you know that, Rick---and so there's even a process to have an affidavit done. And one thing I'd point out to the body is, if there is a challenge to someone's residency on their voter roll, they have 30 days before that is heard by the registrar. So you have time to go update your driver's license, get an ID card, you know, get your affidavit done within that 30-day period. So I hope, Ron, that kind of addresses your explanation.
REYNOLDS: And you mentioned there's an exemption for full-time students, but why is there no exemption for part-time students?
MURPHY: Because we didn't think the part-time students would be as challenged. Because most of the full-time students would be ones maybe not residing at home---that sort of thing, Ron. So we did that just to the full-time students.
REYNOLDS: And there were some concerns that this bill could violate the National Voter Registration Act by imposing restrictions on registration beyond those in federal law. Do you have any response to that?
MURPHY: Absolutely, Ron, because the bill is very narrowly tailored to a challenged residency. It's not a requirement to have any verification of address to register. That was not considered to be a barrier at all.
REYNOLDS: Now, for the purpose of legislative intent, I want to talk about something dealing with that. One of the chief problems, in my opinion, with this bill---it adds a layer of documentation to the National Voter Registration Act. Change of residence confirmation process is currently enacted under Section 15.051 through Section 15.053 of the Texas Election Code. That would appear to apply to the mailings to all voters the registrars think have moved. This appears to violate the National Voter Registration Act if used to remove voters for not including documentary evidence in their response, because it would add the documentation to the requirements for the confirmation notice described in the federal law. The federal law just requires the voter to state his or her current address. And so I'm just concerned that that may raise some implications, that it may violate federal law. And so do you think that's to the contrary?
MURPHY: I do, Ron, and the reason is because we're dealing with a very narrow situation relative to the challenge process. And so we think---and of course my opinion is---these documents are pretty readily available for people who are voters.
REYNOLDS: Well, finally, Texas law requires that residents update their driver's license or personal ID card every time they move. Many mobile residents do not due to both cost---it's my understanding they cost around $11---and time involved in updating this information, which they may not know is likely to change again soon. Many of these residents do, however, update their voter registration cards. But the issue is, if they don't match, then they may be not eligible to vote. Is that correct?
MURPHY: You have the 30-day process so you would not be prevented from voting. That was one thing we made very clear with the voting folks---is that, you know, because of that 30-day process you wouldn't be banned from doing it. The other thing is, Ron, it came up that people say, well, I haven't updated my driver's license; that's a real barrier. The code, Transportation Code, it's 521.054––you have 30 days to do that from the time you move. The $11, that you say it costs to do that, is a whole lot cheaper than the ticket you'll get for a driver's license that doesn't conform to your address. So $11 is really a bargain.
REYNOLDS: But some would argue that that $11 would amount to a poll tax. Do you disagree with that?
MURPHY: I do, Ron. It's already the law that you have to change your driver's license.
REYNOLDS: There's no question about that.
MURPHY: So this bill imposes no new law, fee, or registration.
REYNOLDS: Well, finally, some would argue that if we, as candidates, if there's an issue regarding residency, then the proper venue for that challenge would be a court of law, correct?
MURPHY: The proper venue here is the registrar, that's who adjudicates this matter.
REYNOLDS: Correct, but if there's an issue regarding residency for a candidate, then that issue will be settled in the courts.
MURPHY: That's a separate section, Ron, we're not touching the candidacy residency element at all.
REYNOLDS: Right. Now, it's seems like you're raising issues, but why are the residency standards that we have are not sufficient?
MURPHY: They aren't clear as to how you would establish it. So this was brought to us by the voter registrars who are saying we get these challenges and we don't know what we can or can't use, or do we do it the same way in Travis County as we do in Harris County or Bexar. So we're trying to make it clear that these are the documents you can use––and trying to make their jobs actually easier––which protects both the voter and the registrar, who's trying to determine what's the best answer.
REYNOLDS: Thank you for addressing those issues.
MURPHY: I appreciate your questions, Ron.
REPRESENTATIVE SCHOFIELD: Mr. Murphy, I just want to make clear, your bill doesn't require a voter to do anything, does it?
MURPHY: No, sir.
SCHOFIELD: In order to register to vote, this bill doesn't require anything of the voter. All it does, if I understand it correctly––and please correct me if I don't––is establish a hierarchy where there are multiple different addresses that might be claimed, which one becomes his address for voting purposes, is that right?
MURPHY: You've got it, Mike.
SCHOFIELD: If his driver's license is at one place, and his other identity is at another place, it's whichever one comes first; the voter doesn't have to do anything.
MURPHY: That's correct.
Amendment No. 1
Representative E. Rodriguez offered the following amendment to CSHB 1096:
Amend CSHB 1096 (house committee report) on page 2 of the bill, lines 8-9, by striking "the first residence address, beginning with Subdivision (1) and continuing through Subdivision (6)," and substituting "any address".
REPRESENTATIVE E. RODRIGUEZ: When a confirmation letter is sent out to determine the residence of a voter's registration, they must provide some form of evidence that they live there. This is typically, but not always, an ID card with an address on it. Right now, this bill, as written, has a list of addresses that may be used to determine the residence. This ranges from the address on your driver's license to the address listed on your vehicle registration. I don't mind this list; I think the list is fine, but I believe it's a little too arbitrary to have the list attempt to prioritize the strongest addresses to the weakest addresses, it's hard in terms of priority. I think that could be a problem. What this amendment does is very simply says––it streamlines the process and says any one of these addresses will be fine for this purpose. So I just think this is a fair and more streamlined way to do this. Thank you, members. I ask for your support on this amendment.
MURPHY: I appreciate my colleague's interest in this bill, but I've got to tell you, an amendment like this is completely counter to the purposes of the bill. We're very clear about the order; it's really important. You should have these documents; they should be part of your updated daily life. That 30-day period I mentioned, between the time you're challenged and your challenge is resolved, is really your safeguard that you have plenty of time to take care of this.
Representative Murphy moved to table Amendment No. 1.
E. RODRIGUEZ: I would respectfully disagree with the author. I don't mind this list; I don't mind the priorities that are being set. We need to have the right kind of some identification. I just don't like the hierarchy. I think that's going to become problematic for many of our voters, republican and democrat.
The motion to table prevailed. (The vote was reconsidered later today, and Amendment No. 1 was tabled by Record No. 742.)
CSHB 1096 was passed to engrossment by (Record 741): 104 Yeas, 40 Nays, 2 Present, not voting. (The vote was reconsidered later today, and CSHB 1096 was passed to engrossment by Record No. 743.)
Yeas — Anderson, C.; Anderson, R.; Aycock; Bell; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; González; Guillen; Gutierrez; Harless; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Martinez Fischer; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Nevárez; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Riddle; Rinaldi; Rodriguez, J.; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; Vo; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Canales; Coleman; Collier; Davis, Y.; Dutton; Farias; Farrar; Galindo; Giddings; Guerra; Hernandez; Herrero; Johnson; King, T.; Longoria; Lucio; Márquez; Martinez; McClendon; Miles; Minjarez; Moody; Muñoz; Naishtat; Oliveira; Raymond; Reynolds; Rodriguez, E.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Walle; Wu.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes.
Absent — Clardy; Cook; Hunter.
CSHB 1096 - VOTE RECONSIDERED
Representative Murphy moved to reconsider the vote by which CSHB 1096 was passed to engrossment by Record No. 741.
The motion to reconsider prevailed.
CSHB 1096 ON SECOND READING
(by Murphy, Laubenberg, P. King, Parker, Schofield, et al.)
The chair laid before the house, on its second reading and passage to engrossment,
CSHB 1096, A bill to be entitled An Act relating to the residence address of a person for purposes of a response to a confirmation notice sent by the registrar.
CSHB 1096 was read second time earlier today, an amendment was offered and disposed of, and CSHB 1096 was passed to engrossment by Record No. 741.
Amendment No. 1 - Vote Reconsidered
Representative Murphy moved to reconsider the vote by which Amendment No. 1 was tabled.
The motion to reconsider prevailed.
Representative Murphy moved to table Amendment No. 1.
The motion to table prevailed by (Record 742): 94 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Anderson, C.; Anderson, R.; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Galindo; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes.
Absent — Clardy.
CSHB 1096 was passed to engrossment by (Record 743): 96 Yeas, 50 Nays, 2 Present, not voting.
Yeas — Anderson, C.; Anderson, R.; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Galindo; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker; Ashby(C).
Absent, Excused, Committee Meeting — Dukes.
Absent — Clardy.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Keffer requested permission for the Committee on Natural Resources to meet while the house is in session, at 4 p.m. today, in 3W.9, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Natural Resources, 4 p.m. today, 3W.9, for a formal meeting, to consider pending business.
CSHB 2665 ON SECOND READING
(by Moody)
CSHB 2665, A bill to be entitled An Act relating to access to and receipt of certain information regarding a ward by certain relatives of the ward.
CSHB 2665 was read second time earlier today and was postponed until this time.
Amendment No. 1
Representative Moody offered the following amendment to CSHB 2665:
Amend CSHB 2665 (house committee printing) as follows:
(1) On page 2, strike lines 19 and 20, and substitute the following:
(1) shall consider:
(A) whether any protective orders have been issued against the applicant to protect the ward;
(B) whether a court has found that the applicant abused, neglected, or exploited the ward; and
(C) the best interest of the ward; and
(2) Strike page 3, line 22, through page 4, line 3, and substitute the following:
(e) On motion filed with the court showing good cause and after a relative is provided an opportunity to present evidence to the court under Subsection (f), the court, subject to Subsection (g), may relieve the guardian of the duty to provide notice about a ward to a relative under this section.
(f) A copy of the motion required under Subsection (e) must be provided to the relative specifically named in the motion unless the guardian was unable to locate the relative after making reasonable efforts to discover and locate the relative. The relative provided notice under this subsection may file evidence with the court in response to the motion, and the court shall consider that evidence before making a decision on the motion.
(g) In considering a motion under Subsection (e), the court shall relieve the guardian of the duty to provide notice about a ward to a relative under this section if the court finds that:
(1) the motion includes a written request from a relative electing to not receive the notice;
(2) the guardian was unable to locate the relative after making reasonable efforts to discover and locate the relative;
(3) the guardian was able to locate the relative, but was unable to establish communication with the relative after making reasonable efforts to establish communication;
(4) a protective order was issued against the relative to protect the ward;
(5) a court has found that the relative abused, neglected, or exploited the ward; or
(6) notice is not in the best interest of the ward.
Amendment No. 1 was adopted.
CSHB 2665, as amended, was passed to engrossment.
FIVE-DAY POSTING RULE SUSPENDED
Representative Raymond moved to suspend the five-day posting rule and all necessary rules to allow the Committee on Human Services to consider SB 1664 at 2 p.m. or upon final adjournment/recess Monday, May 11 in E2.030.
The motion prevailed.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Human Services, 2 p.m. or upon final adjournment/recess Monday, May 11, E2.030, for a public hearing, to consider SB 1664 and the previously posted agenda.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).
REMARKS ORDERED PRINTED
Representative E. Rodriguez moved to print all remarks on CSHB 1096.
The motion prevailed.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Martinez Fischer on motion of Nevárez.
CSHB 1903 ON SECOND READING
(by Raney and Kacal)
CSHB 1903, A bill to be entitled An Act relating to the distribution of funds to campuses in the Blinn Junior College District service area.
CSHB 1903 was read second time earlier today and was postponed until this time.
CSHB 1903 - POINT OF ORDER
Representative Schubert raised a point of order against further consideration of CSHB 1903 under Rule 8, Section 10(b) of the House Rules and Article III, Section 56(b); Article III, Section 56(a)(2); Article III, Section 56(a)(14); and Article III, Section 56(a)(18) of the Texas Constitution on the grounds that the bill is limited to one or more subdivisions by means of artificial devices.
The chair overruled the point of order and submitted the following statement:
Representative Schubert raised five points of order, regarding the prohibition of local or special laws, against further consideration of CSHB 1903 under Rule 8, Section 10(b) of the House Rules and Article III, Sections 56(b), 56(a)(2), 56(a)(14), and 56(a)(18) of the Texas Constitution. The points of order are respectfully overruled.
The Texas Constitution generally prohibits local laws. TEX. CONST. art. III, § 56(a) ("The legislature shall not, except as otherwise provided in this Constitution, pass any local or special law. . . ."). Specifically, Subsections (a)(2), (14), and (18) prohibit the passage of local or special laws "regulating the affairs of counties, cities, towns, wards or school districts," "creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts," and "regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes," respectively. Id. at § 56(a)(2), (14), (18). Article III, Section 56(b) states that, in addition to Subsection (a), "in all other cases where a general law can be made applicable, no local or special law shall be enacted." Id. at § 56(b). Where local bills are permissible, Rule 8, Section 10(b) of the House Rules prohibits the consideration of bills "whose application is limited to one or more political subdivisions by means of population brackets or other artificial devices in lieu of identifying the political subdivision or subdivisions by name." Rule 8, Section 10(b) of the House Rules.
CSHB 1903 directs the governing board of the Blinn Junior College District to allocate certain funds "to each district campus with a student enrollment of at least 1,000." Representative Schubert asserts in his first point that, because the legislature could have "craft[ed] a law of general applicability that applies this duty to all similarly situated junior college districts. . . ." the bill violates Article III, Section 56(b) of the Texas Constitution. In his next three points, Representative Schubert's arguments hinge on two assertions: (1) that a junior college district should be considered to be a school district; and (2) that junior colleges should be considered to be public schools; assuming the validity of both assertions. Representative Schubert goes on to argue that CSHB 1903 impermissibly "regulat[es] the affairs of school districts," "prescribe[es] the duties of officers of school districts," and "regulat[es] the management of public schools" in violation of the Texas Constitution. See id at § 56(a)(2), (14), (18). In his final point, Representative Schubert asserts that, because CSHB 1903 is limited in its application only to the governing board of the Blinn Junior College District, the bill violates Rule 8, Section 10(b) of the House Rules.
While junior colleges and districts may share certain attributes with school districts and public schools, junior colleges and districts are different entities from both school districts and public schools. We can identify no rule or precedent of the house that equates junior colleges with school districts or public schools. Further, CSHB 1903 employs neither population brackets nor artificial devices in violation of Rule 8, Section 10(b) of the House Rules. For these reasons, and having reviewed the bill and arguments and authority cited by Representative Schubert, the chair determines that CSHB 1903 does not violate either Rule 8, Section 10(b) of the House Rules or the Texas Constitution.
Amendment No. 1
Representative Raney offered the following amendment to CSHB 1903:
Amend CSHB 1903 (house committee printing) as follows:
(1) On page 1, line 8, between "FUNDING." and "Each", insert "(a)".
(2) On page 1, line 8, between "biennium," and "the governing board", insert "beginning with the state fiscal biennium ending August 31, 2019,".
(3) On page 1, between lines 14 and 15, insert the following new subsections, appropriately lettered, and reletter the remaining subsections of added Section 130.1222, Education Code, accordingly:
( ) For the state fiscal year ending August 31, 2017, the governing board of Blinn Junior College District shall direct a proportionate amount of any funds appropriated to the district based on contact hours to each district campus with a student enrollment of at least 1,000 based on the total amount of tuition and fees collected at that campus. This subsection expires January 1, 2019.
( ) In its financial accounting and reporting practices, the governing board of Blinn Junior College District shall ensure that expenditures made with respect to a district campus are accounted for as expenditures for that campus.
( ) This section expires September 1, 2025.
(4) On page 1, lines 15 and 16, strike SECTION 2 and substitute the following appropriately numbered SECTION to the bill:
SECTION ____. On the effective date of this Act, any rider in the General Appropriations Act of the 84th Legislature, Regular Session, 2015 (HB 1), governing the appropriations to public community/junior colleges and providing for the proportional allocation of appropriated funds among campuses of the Blinn Junior College District has no effect, regardless of the relative dates of enactment of that Act and this Act.
Amendment No. 1 was adopted.
(Speaker in the chair)
CSHB 1903, as amended, failed to pass to engrossment by (Record 744): 43 Yeas, 92 Nays, 11 Present, not voting.
Yeas — Alonzo; Alvarado; Ashby; Bohac; Burkett; Darby; Davis, S.; Dutton; Farney; Geren; Giddings; Guerra; Guillen; Harless; Hernandez; Howard; Hunter; Isaac; Kacal; King, K.; King, T.; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Moody; Morrison; Muñoz; Otto; Paddie; Phelan; Pickett; Price; Raney; Raymond; Smith; Turner, C.; Workman; Wray; Wu; Zerwas.
Nays — Allen; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Canales; Coleman; Collier; Craddick; Cyrier; Dale; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farrar; Fletcher; Flynn; Frank; Frullo; Goldman; González; Gutierrez; Herrero; Huberty; Israel; Keffer; Keough; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Laubenberg; Leach; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Murphy; Murr; Naishtat; Nevárez; Oliveira; Parker; Paul; Peña; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; Villalba; Vo; Walle; White, M.; Zedler.
Present, not voting — Mr. Speaker(C); Capriglione; Cook; Crownover; Galindo; Gonzales; Hughes; Johnson; Phillips; VanDeaver; White, J.
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Dukes.
Absent — Clardy; Thompson, S.
STATEMENTS OF VOTE
When Record No. 744 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 744 was taken, I was shown voting yes. I intended to vote no.
Workman
HB 3512 ON SECOND READING
(by S. Davis)
HB 3512, A bill to be entitled An Act relating to lobbying activities and the registration of lobbyists.
HB 3512 was read second time earlier today and was postponed until this time.
HB 3512 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of HB 3512 under Rule 1, Section 4 and Rule 4, Section 32(c)(3) of the House Rules on the grounds that the bill was not properly referred and the bill analysis is incorrect.
The speaker overruled the point of order and submitted the following statement:
Representative Tinderholt raised two points of order against further consideration of HB 3512 under Rule 4, Section 32(c)(3) and Rule 1, Section 4 of the House Rules on the grounds that the bill analysis fails to address the alleged rulemaking authority granted by the bill and that the committee to which the bill was referred did not have jurisdiction over the bill's subject matter. The points of order are respectfully overruled.
As to the first point of order raised by Representative Tinderholt, Rule 4, Section 32(c)(3) of the House Rules requires the bill analysis to include "a statement indicating whether or not any rulemaking authority is expressly delegated. . .and, if so, identifying the sections of the measure in which that rulemaking authority is delegated." HB 3512's bill analysis states that "it is the committee's opinion that this bill does not expressly grant any additional rulemaking authority. . . ." Representative Tinderholt asserts that, contrary to the bill analysis, the bill in fact grants rulemaking authority to the Texas Ethics Commission (the Commission) in relation to lobbyist registration requirements; specifically, he argues that the bill grants the Commission the authority to determine what amount of time spent lobbying releases a lobbyist from the requirement to register and to define what constitutes "preparatory activity." Having reviewed the bill, the bill analysis, and the argument presented by Representative Tinderholt, the chair finds that neither of the two sections of the bill addressed by Representative Tinderholt contain new, independent, express delegations of rulemaking authority to the Texas Ethics Commission under Rule 4, Section 32(c)(3) of the House Rules. See 83 H.J. Reg. 4053-4054 (2013) (Schaefer point of order on SB 1079).
As to the second point of order raised by Representative Tinderholt, Rule 1, Section 4 of the House Rules requires that "all proposed legislation shall be referred by the speaker to an appropriate standing or select committee with jurisdiction. . . ." Rule 1, Section 4 of the House Rules. Representative Tinderholt notes that the General Investigating and Ethics Committee has jurisdiction over all matters pertaining to the conduct of and ethical standards applicable to state and local government officers and employees, and that the bill governs requirements applicable to lobbyists. Rule 3, Section 14(d) of the House Rules. Because lobbyists are not government officers or employees, he asserts that the committee should not have had jurisdiction over the bill. Having reviewed the bill and the jurisdiction of the General Investigating and Ethics Committee, the chair finds that the speaker properly exercised his broad discretion over this matter, and the committee had jurisdiction over the subject matter of HB 3512.
Amendment No. 1
Representative Tinderholt offered the following amendment to HB 3512:
Amend HB 3512 (house committee printing) on page 1, lines 15 and 16, by striking ", or another amount of time determined by the commission,".
Amendment No. 1 failed of adoption by (Record 745): 33 Yeas, 103 Nays, 1 Present, not voting.
Yeas — Alonzo; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burrows; Faircloth; Fallon; Huberty; Hughes; King, P.; King, S.; Klick; Krause; Laubenberg; Leach; Meyer; Murphy; Phelan; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Simpson; Smithee; Spitzer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, J.; White, M.
Nays — Allen; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Burns; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Farias; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Harless; Hernandez; Herrero; Howard; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, T.; Koop; Kuempel; Landgraf; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; McClendon; Metcalf; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheets; Sheffield; Simmons; Smith; Springer; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Dukes.
Absent — Burkett; Button; Clardy; Davis, Y.; Farrar; Gutierrez; Miles; Miller, D.; Raney; Schubert; Stephenson.
STATEMENTS OF VOTE
When Record No. 745 was taken, I was shown voting yes. I intended to vote no.
P. King
When Record No. 745 was taken, I was in the house but away from my desk. I would have voted no.
D. Miller
HB 3512 was passed to engrossment.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of absence for the remainder of today to attend a meeting of the Conference Committee on HB 1:
Ashby on motion of Geren.
GENERAL STATE CALENDAR
(consideration continued)
SB 1173 ON SECOND READING
(Phillips - House Sponsor)
SB 1173, A bill to be entitled An Act relating to commercial driver's licenses and commercial learner's permits and the operation of commercial motor vehicles; creating a criminal offense; amending provisions subject to a criminal penalty; authorizing fees.
SB 1173 was considered in lieu of HB 2714.
Representative Phillips moved to postpone consideration of SB 1173 until 6 a.m. Monday, May 11.
The motion prevailed.
CSHB 2896 ON SECOND READING
(by Parker and Fallon)
CSHB 2896, A bill to be entitled An Act relating to apportionment of certain receipts of a broadcaster under the franchise tax.
HB 2714 - LAID ON THE TABLE SUBJECT TO CALL
Representative Phillips moved to lay HB 2714 on the table subject to call.
The motion prevailed.
CSHB 2896 - (consideration continued)
Amendment No. 1
Representative Parker offered the following amendment to CSHB 2896:
Amend CSHB 2896 on page 2 of the bill, line 8, by striking "2016" and substituting "2017".
Amendment No. 1 was adopted.
CSHB 2896, as amended, was passed to engrossment.
SB 1753 ON SECOND READING
(S. Davis - House Sponsor)
SB 1753, A bill to be entitled An Act relating to the identification requirements of certain health care providers associated with a hospital.
SB 1753 was considered in lieu of HB 2897.
Representative Márquez moved to postpone consideration of SB 1753 until 4:50 p.m. today.
The motion prevailed.
HB 2897 - LAID ON THE TABLE SUBJECT TO CALL
Representative S. Davis moved to lay HB 2897 on the table subject to call.
The motion prevailed.
CSHB 4112 ON SECOND READING
(by Burns, et al.)
CSHB 4112, A bill to be entitled An Act relating to the rights of an owner of groundwater.
Amendment No. 1
Representative M. White offered the following amendment to CSHB 4112:
Amend CSHB 4112 (house committee printing) as follows:
(1) On page 1, line 14, strike "and".
(2) On page 1, line 15, between "(2)" and "have", insert the following:
have equal rights in the protection against well depletion; and
(3)
Representative Burns moved to table Amendment No. 1.
The motion to table prevailed by (Record 746): 137 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Tinderholt; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Stickland; Turner, E.S.; White, M.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Ashby; Dukes.
Absent — Anderson, C.; Bell; Clardy; Naishtat; Thompson, S.; Turner, C.
CSHB 4112 was passed to engrossment.
CSHB 3683 ON SECOND READING
(by Geren)
CSHB 3683, A bill to be entitled An Act relating to the electronic filing of personal financial statements with the Texas Ethics Commission.
CSHB 3683 was passed to engrossment.
HB 3623 ON SECOND READING
(by Gonzales)
HB 3623, A bill to be entitled An Act relating to the exemption from ad valorem taxation of property owned by the National Hispanic Institute.
HB 3623 was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 1753 ON SECOND READING
(S. Davis - House Sponsor)
SB 1753, A bill to be entitled An Act relating to the identification requirements of certain health care providers associated with a hospital.
SB 1753 was read second time earlier today and was postponed until this time.
SB 1753 was passed to third reading by (Record 747): 134 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — King, S.; Rinaldi; Schaefer; Simpson; Stickland; Tinderholt; White, M.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Ashby; Dukes.
Absent — Clardy; Dutton; Elkins; Frank; Naishtat.
GENERAL STATE CALENDAR
(consideration continued)
CSHB 2977 ON SECOND READING
(by Coleman)
CSHB 2977, A bill to be entitled An Act relating to counties and certain other political subdivisions.
Amendment No. 1
Representative Coleman offered the following amendment to CSHB 2977:
Amend CSHB 2977 (house committee printing) by striking page 3, line 16, through page 4, line 26, and renumbering SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Burrows offered the following amendment to CSHB 2977:
Amend CSHB 2977 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) Subchapter E, Chapter 1054, Special District Local Laws Code, is amended by adding Section 1054.2025 to read as follows:
Sec. 1054.2025. GENERAL OBLIGATION BOND ELECTION. (a) The district may issue general obligation bonds only if the bonds are authorized by a majority of the district voters voting at an election held for that purpose.
(b) The order calling the election shall provide for clerks as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for each polling place;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by Section 1251.003, Government Code.
(b) Section 1054.2025, Special District Local Laws Code, as added by this section, applies only to general obligation bonds issued by the Lynn County Hospital District on or after the effective date of this section.
(c) Notwithstanding any other provision of this Act, this section takes effect immediately if this Act 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 this section to have immediate effect, this section takes effect September 1, 2015.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Spitzer offered the following amendment to CSHB 2977:
Amend CSHB 2977 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter H, Chapter 51, Government Code, is amended by adding Section 51.712 to read as follows:
Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN KAUFMAN COUNTY. (a) This section applies only to district courts, statutory probate courts, county courts at law, and justice courts in Kaufman County.
(b) Except as otherwise provided by this section and in addition to all other fees authorized or required by other law, the clerk of a court shall collect a filing fee of not more than $15 in each civil case filed in the court to be used for the construction, renovation, or improvement of the facilities that house the Kaufman courts collecting the fee.
(c) Court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case.
(d) The clerk shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer at least as frequently as monthly. The treasurer or other official shall deposit the fees in a special account in the county treasury dedicated to the construction, renovation, or improvement of the facilities that house the courts collecting the fee.
(e) This section applies only to fees for a 12-month period beginning July 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more than $15; and
(2) files the resolution with the county treasurer or with any other official who discharges the duties commonly assigned to the county treasurer not later than June 1 immediately preceding the first 12-month period during which the fees are to be collected.
(f) A resolution adopted under Subsection (e) continues from year to year until July 1, 2030, allowing the county to collect fees under the terms of this section until the resolution is rescinded.
(g) The commissioners court may rescind a resolution adopted under Subsection (e) by adopting a resolution rescinding the resolution and submitting the rescission resolution to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer not later than June 1 preceding the beginning of the first day of the county fiscal year. The commissioners court may adopt an additional resolution in the manner provided by Subsection (e) after rescinding a previous resolution under that subsection.
(h) A fee established under a particular resolution is abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e) is rescinded as provided by Subsection (g); or
(2) July 1, 2030.
SECTION ____. Subchapter D, Chapter 101, Government Code, is amended by adding Section 101.061193 to read as follows:
Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a district court in Kaufman County shall collect an additional filing fee of not more than $15 under Section 51.712, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.
SECTION ____. Subchapter E, Chapter 101, Government Code, is amended by adding Section 101.081196 to read as follows:
Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county court in Kaufman County shall collect an additional filing fee of not more than $15 under Section 51.712, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.
SECTION ____. Subchapter F, Chapter 101, Government Code, is amended by adding Section 101.101191 to read as follows:
Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory probate court in Kaufman County shall collect an additional filing fee of not more than $15 under Section 51.712, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.
SECTION ____. Subchapter H, Chapter 101, Government Code, is amended by adding Section 101.143 to read as follows:
Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT FACILITIES COLLECTED BY CLERK. The clerk of a justice court in Kaufman County shall collect an additional filing fee of not more than $15 under Section 51.712, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.
Amendment No. 3 was adopted.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Hunter requested permission for the Committee on Calendars to meet while the house is in session, at 5:15 p.m. today, in 3W.15, to set a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 5:15 p.m today, 3W.15, for a formal meeting, to set a calendar.
CSHB 2977 - (consideration continued)
Amendment No. 4
Representative Y. Davis offered the following amendment to CSHB 2977:
Amend CSHB 2977 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 311, Transportation Code, is amended by adding Section 311.009 to read as follows:
Sec. 311.009. COUNTY REQUEST FOR CLOSING OF ALLEY IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality with a population of more than 10,000 but less than 25,000 that has land area of less than four square miles and is located wholly within a county that has a population of more than 2.3 million and a total area of less than 1,000 square miles.
(b) If not otherwise restricted by a county, a municipality that receives a request for the abandonment of an alley located in any portion of the county shall, not later than the 30th day after the date the request was submitted, issue a final decision to grant or deny the request.
(c) A request for which a final decision is not issued in the period described by Subsection (b) is considered to be granted.
(d) A decision of the municipality under Subsection (b) may be appealed to a district or county court.
Amendment No. 4 was adopted.
CSHB 2977, as amended, was passed to engrossment.
CSHB 2683 ON SECOND READING
(by R. Miller, Zerwas, D. Bonnen, Huberty, and Raymond)
CSHB 2683, A bill to be entitled An Act relating to the licensing and regulation of dyslexia practitioners and therapists by the Texas Department of Licensing and Regulation; imposing an administrative penalty; authorizing fees.
CSHB 2683 - POINT OF ORDER
Representative Schaefer raised a point of order against further consideration of CSHB 2683.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on Calendars:
Alonzo on motion of Smith.
Cook on motion of Smith.
S. Davis on motion of Smith.
Geren on motion of Smith.
Giddings on motion of Smith.
Harless on motion of Smith.
Huberty on motion of Smith.
Johnson on motion of Smith.
K. King on motion of Smith.
Larson on motion of Smith.
Lucio on motion of Smith.
Price on motion of Smith.
Riddle on motion of Smith.
E. Rodriguez on motion of Smith.
The following member was granted leave of absence for the remainder of today to attend a meeting of the Committee on Calendars:
Hunter on motion of Smith.
CSHB 2683 - (consideration continued)
CSHB 2683- POINT OF ORDER DISPOSITION
The point of order was withdrawn.
CSHB 2683 was passed to engrossment by (Record 748): 117 Yeas, 12 Nays, 1 Present, not voting.
Yeas — Allen; Alvarado; Anchia; Anderson, C.; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Canales; Capriglione; Coleman; Collier; Craddick; Crownover; Cyrier; Dale; Darby; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Isaac; Israel; Kacal; Keffer; Keough; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Raney; Raymond; Reynolds; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Anderson, R.; Bell; Hughes; Metcalf; Rinaldi; Schaefer; Simpson; Spitzer; Stickland; Turner, E.S.; White, J.; White, M.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Alonzo; Ashby; Cook; Davis, S.; Dukes; Geren; Giddings; Harless; Huberty; Hunter; Johnson; King, K.; Larson; Lucio; Price; Riddle; Rodriguez, E.
Absent — Burkett; Clardy.
STATEMENTS OF VOTE
When Record No. 748 was taken, I was in the house but away from my desk. I would have voted yes.
Burkett
When Record No. 748 was taken, I was excused to attend a committee meeting. I would have voted yes.
Harless
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
Shaheen
When Record No. 748 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
CSHB 1984 - VOTE RECONSIDERED
Representative G. Bonnen moved to reconsider the vote by which CSHB 1984 was passed to engrossment by Record No. 737.
The motion to reconsider prevailed.
SB 458 ON SECOND READING
(G. Bonnen, Craddick, Oliveira, S. Turner,
C. Anderson, et al. - House Sponsors)
SB 458, A bill to be entitled An Act relating to the aerospace and aviation office of the Texas Economic Development and Tourism Office and to the aerospace and aviation advisory committee.
SB 458 was considered in lieu of CSHB 1984.
SB 458 was read second time and was passed to third reading.
CSHB 1984 - LAID ON THE TABLE SUBJECT TO CALL
Representative G. Bonnen moved to lay CSHB 1984 on the table subject to call.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
CSHB 2489 ON SECOND READING
(by Leach)
CSHB 2489, A bill to be entitled An Act relating to regulation by a property owners' association of residential leases or rental agreements.
Amendment No. 1
Representative Leach offered the following amendment to CSHB 2489:
Amend CSHB 2489 (house committee printing) on page 1, line 15, by striking "reviewed or".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Leach offered the following amendment to CSHB 2489:
Amend CSHB 2489 (house committee printing) on page 1, between lines 21 and 22, by inserting the following:
(c) This section does not apply to a master mixed-use property owners' association described by Chapter 215.
Amendment No. 2 was adopted.
Amendment No. 3
Representatives Leach and Meyer offered the following amendment to CSHB 2489:
Amend CSHB 2489 (house committee printing) on page 1, between lines 21 and 22, by inserting the following appropriately lettered subsection and relettering subsections of Section 202.019, Property Code, and cross-references to those subsections as necessary:
( ) This section does not apply to a property owners' association that manages or regulates a condominium.
Amendment No. 3 was adopted.
Amendment No. 4
Representative Simpson offered the following amendment to CSHB 2489:
Amend CSHB 2489 (house committee printing) as follows:
(1) On page 1, strike line 21.
(2) On page 1, between lines 21 and 22, insert the following appropriately lettered subsections and reletter subsections of Section 202.019, Property Code, and cross-references to those subsections as necessary:
( ) Subsection (a)(1) does not exempt a property owner whose property is leased or rented from a requirement to pay a fee, charge, assessment, or fine under a provision of the dedicatory instrument other than the provision prohibited by that subsection.
( ) Notwithstanding Section 202.002, this section applies only to a dedicatory instrument that is adopted on or after September 1, 2015.
(Geren and Huberty now present)
Representative Leach moved to table Amendment No. 4.
The motion to table was lost by (Record 749): 31 Yeas, 94 Nays, 4 Present, not voting.
Yeas — Anderson, R.; Bell; Burkett; Burrows; Cyrier; Dale; Darby; Elkins; Fallon; Fletcher; Isaac; Kacal; King, P.; Krause; Landgraf; Leach; McClendon; Meyer; Murr; Paul; Phelan; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Smithee; Turner, E.S.; Villalba; Workman; Zedler.
Nays — Allen; Alvarado; Anchia; Anderson, C.; Aycock; Bernal; Blanco; Bohac; Bonnen, G.; Burns; Button; Canales; Capriglione; Coleman; Collier; Craddick; Crownover; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; González; Guerra; Guillen; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Keffer; Keough; King, S.; King, T.; Klick; Koop; Kuempel; Laubenberg; Lozano; Martinez; Metcalf; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Peña; Pickett; Raney; Raymond; Reynolds; Rodriguez, J.; Romero; Rose; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Vo; Walle; White, J.; Wray; Wu; Zerwas.
Present, not voting — Mr. Speaker(C); Galindo; Longoria; Márquez.
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Alonzo; Ashby; Cook; Davis, S.; Dukes; Giddings; Harless; Hunter; Johnson; King, K.; Larson; Lucio; Price; Riddle; Rodriguez, E.
Absent — Bonnen, D.; Clardy; Gutierrez; Phillips; White, M.
STATEMENTS OF VOTE
When Record No. 749 was taken, I was excused to attend a committee meeting. I would have voted no.
Harless
When Record No. 749 was taken, I was in the house but away from my desk. I would have voted no.
Phillips
Amendment No. 4 was adopted.
(Alonzo, Cook, Harless, Johnson, K. King, Larson, and Price now present)
Amendment No. 5
Representative Landgraf offered the following amendment to CSHB 2489:
Amend CSHB 2489 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 202, Property Code, is amended by adding Section 202.020 to read as follows:
Sec. 202.020. REGULATION OF FIREARMS OR FIREARMS AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument in connection with the leasing or renting of a property owner's property that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition or lawfully discharging a firearm.
Amendment No. 5 was adopted. (The vote was reconsidered later today, and Amendment No. 5 was withdrawn.)
(Lucio, Riddle, and E. Rodriguez now present)
Amendment No. 5 - Vote Reconsidered
Representative Landgraf moved to reconsider the vote by which Amendment No. 5 was adopted.
The motion to reconsider prevailed.
Amendment No. 5 was withdrawn.
(S. Davis and Giddings now present)
CSHB 2489, as amended, was passed to engrossment by (Record 750): 105 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Hernandez; Huberty; Hughes; Isaac; Israel; Kacal; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Lucio; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Raymond; Riddle; Rinaldi; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, C.; Turner, E.S.; VanDeaver; Villalba; Vo; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Bernal; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Herrero; Howard; Johnson; King, T.; Longoria; Márquez; Martinez; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Pickett; Reynolds; Rodriguez, E.; Rodriguez, J.; Rose; Sheffield; Spitzer; Thompson, S.; Turner, S.; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Martinez Fischer.
Absent, Excused, Committee Meeting — Ashby; Dukes; Hunter.
Absent — Clardy; Keffer.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
CORRECTIONS IN REFERRAL
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Pursuant to Rule 1, Section 4 of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Ways and Means, upon recess today, 1W.14, for a formal meeting, to consider pending business.
Urban Affairs, upon recess today, Desk 3, for a formal meeting, to consider pending business.
Government Transparency and Operation, upon recess today, Desk 18, for a formal meeting, to consider pending business.
Transportation, 8:30 a.m. tomorrow, 1W.14, for a formal meeting, to consider HB 1907, HB 3520, and pending business.
Human Services, 8:30 a.m. tomorrow, 3W.9, for a formal meeting, to consider pending business.
(Kacal in the chair)
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Judiciary and Civil Jurisprudence, upon recess today, Desk 13, for a formal meeting, to consider pending business.
(McClendon in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
On motion of Representative Kacal and by unanimous consent, the house agreed to dispense with the reading of the resolutions on the congratulatory calendar, with the understanding that the resolutions will be recorded in the journal.
HCR 114 (by Johnson, Anchia, Meyer, Rose, Koop, et al.), Recognizing the Operation Blue Shield initiative.
HR 1717 (by González), Recognizing Art Fierro for his service to the El Paso Community College Board of Trustees.
HR 1720 (by Anchia), Recognizing May 18, 2015, as Texas Promotores and Community Health Workers Day at the State Capitol.
HR 1721 (by González), Congratulating the Stingers team of Horizon Heights Elementary School on winning first place in the regional Destination Imagination competition.
HR 1722 (by J. White), Congratulating the All-District honorees from the Polk County boys' high school basketball teams.
HR 1723 (by J. White), Congratulating the All-District honorees from the Polk County girls' high school basketball teams.
HR 1724 (by J. White), Congratulating the All-District honorees from the Buna High School girls' basketball team.
HR 1725 (by J. White), Congratulating the All-District honorees from the Silsbee High School girls' basketball team.
HR 1726 (by J. White), Congratulating the All-District honorees from the Newton High School boys' basketball team.
HR 1727 (by J. White), Congratulating Angel Bullock of Big Sandy High School in Dallardsville on his selection to the 2A boys' basketball state All-Tournament Team.
HR 1732 (by S. King), Congratulating the Texas Veterans Commission on its receipt of the Abraham Lincoln Pillars of Excellence Award for Outstanding State Program.
HR 1734 (by Tinderholt), Congratulating the Arlington Police Department on its accomplishments in crime reduction.
HR 1735 (by Ashby), Congratulating World War II veteran Leon Evans of Trinity on his 103rd birthday.
HR 1737 (by Murr), Congratulating the Llano Junior High School Percussion Ensemble on its performance at the 2015 Music for All National Festival.
HR 1738 (by Murr), Congratulating Bill and Susie Black of Ozona on their 54th wedding anniversary.
HR 1739 (by Murr), Congratulating the Honorable James E. Barden on his retirement as Medina County judge.
HR 1740 (by Murr), Congratulating Chester and Rosella Balzen of Hondo on their 65th wedding anniversary.
HR 1742 (by Simpson), Congratulating retired teacher C. C. Turner of Longview on his 100th birthday.
HR 1745 (by D. Bonnen), Congratulating Florence Terry McGinnis of Lake Jackson on her 100th birthday.
HR 1746 (by D. Bonnen), Congratulating Monsignor Leo Wleczyk of St. Michael the Archangel Catholic Church on the 50th anniversary of his ordination.
HR 1747 (by D. Bonnen), Congratulating Robert M. Worley on his retirement as president and CEO of the Economic Development Alliance for Brazoria County.
HR 1748 (by D. Bonnen), Congratulating Beatrice Trevino on her election as the first female commander of Charles Dixon American Legion Post No. 241 in Angleton.
HR 1750 (by J. White), Congratulating Pam McFarland of Jasper High School on her selection as a Wendy's 12Star Athlete of the Week.
HR 1754 (by C. Anderson), Congratulating Jonathan Lewis and Zach Zajicek on their selection as members of the 2015 Texas All-State Band by the Association of Texas Small School Bands.
HR 1755 (by C. Anderson), Congratulating the students from Waco Baptist Academy on their success at the Central Texas Science and Engineering Fair.
HR 1756 (by C. Anderson), Congratulating the Heart of Texas RSVP of McLennan Community College on its receipt of a Community Leadership Award from the OneStar Foundation.
HR 1757 (by C. Anderson), Commending Officers Kurt Morsbach and Charles Herren of the Waco Police Department for assisting a motorist in need.
HR 1759 (by C. Anderson), Commemorating the 78th annual Rodeo Austin.
HR 1760 (by Bell), Congratulating Fields Store Elementary School in Waller on its selection as a 2014 National Blue Ribbon School.
HR 1761 (by Craddick), Honoring Marie Borland Rinewalt of Dawson County on her 90th birthday.
HR 1762 (by Meyer), Congratulating the Southern Methodist University men's basketball team on its success during the 2014-2015 season.
HR 1763 (by Herrero), Congratulating Leonard Tipton on his induction into the Coastal Bend Coaches Association Hall of Honor.
HR 1764 (by Herrero), Congratulating David McKinney on his induction into the Coastal Bend Coaches Association Hall of Honor.
HR 1765 (by Herrero), Congratulating Dr. Karen Nykorchuk McCaleb on her selection as a 2015 inductee of the Texas A&M University System Chancellor's Academy of Teacher Educators.
HR 1766 (by Herrero), Congratulating Annie Mucheru-Garza on being named Elementary Teacher of the Year by the Corpus Christi Independent School District.
HR 1767 (by Herrero), Congratulating Morris McRae on being named Secondary Teacher of the Year by the Corpus Christi Independent School District.
HR 1769 (by Herrero), Congratulating John Jordan on compiling more than 1,500 points, 500 rebounds, and 500 assists as a member of the Texas A&M University--Corpus Christi men's basketball team.
HR 1770 (by Herrero), Congratulating the members of the 1990 girls' basketball team from Calallen High School on the 25th anniversary of their state championship victory.
HR 1771 (by Herrero), Congratulating the Tuloso-Midway Middle School Theater Arts group on winning first place in the UIL One-Act Play district competition.
HR 1776 (by D. Bonnen), Honoring the Brazoria County Head Start Early Learning School System.
HR 1778 (by J. White), Congratulating Cheyenne Kennedy of Livingston High School on winning the Texas High School Women's Powerlifting Association 5A state championship in the 220+ division.
HR 1779 (by J. White), Congratulating Colten Smith of Kountze High School on qualifying for the 2015 Texas High School Powerlifting Association State Meet.
HR 1780 (by J. White), Congratulating the All-District honorees from the Silsbee High School boys' basketball team.
HR 1781 (by J. White), Congratulating Patrick Hudson of Silsbee High School on his second-place finish in the super heavyweight division at the Texas High School Powerlifting Association State Championship.
HR 1783 (by J. White), Congratulating David Caddie of Livingston High School on qualifying for the 2015 Texas High School Powerlifting Association State Championships.
HR 1784 (by S. Turner), Welcoming R&B artist John Legend to the State Capitol.
HR 1785 (by J. White), Commending Lillie Pierce of Timber Creek Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1786 (by J. White), Commending Brooke Adams of Timber Creek Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1787 (by J. White), Commending Mason Brooks of Timber Creek Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1789 (by J. White), Commending Jacie David of Timber Creek Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1790 (by J. White), Commending Shawn Severance of Timber Creek Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1791 (by J. White), Commending Drew Davidson of Timber Creek Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1792 (by J. White), Commending Allison Snook of Timber Creek Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1793 (by J. White), Commending Walker Thiel of Timber Creek Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1794 (by J. White), Commending Brady Ganzer of Pine Ridge Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1795 (by J. White), Commending Kaegan Howard of Pine Ridge Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1796 (by J. White), Commending Caden Kesler of Pine Ridge Elementary School for his success in the 2014-2015 UIL academic competition.
HR 1797 (by J. White), Commending Jaycee Knighton of Pine Ridge Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1798 (by J. White), Commending Josi St. Martin of Pine Ridge Elementary School for her success in the 2014-2015 UIL academic competition.
HR 1799 (by J. White), Commending Reece Henderson of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1800 (by J. White), Commending Daniel Jordan of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1801 (by J. White), Commending Mackenzie Gober of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1802 (by J. White), Commending Nevaeh Garner of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1803 (by J. White), Commending Maddison Rogers of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1804 (by J. White), Commending Maci Hill of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1805 (by J. White), Commending Kirbie Evans of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1806 (by J. White), Commending Mallory Lester of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1807 (by J. White), Commending Taylor Tolar of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1808 (by J. White), Commending Madi Burke of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1809 (by J. White), Commending Carson Robison of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1810 (by J. White), Commending Dylan Shannon of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1811 (by J. White), Commending Chase Culp of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1812 (by J. White), Commending Skylar Plunk of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1813 (by J. White), Commending Veronica Dickens of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1814 (by J. White), Commending Summer Ewing of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1815 (by J. White), Commending Jesus Adame of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1816 (by J. White), Commending Raqeeb Anjum of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1817 (by J. White), Commending Kaylie Campbell of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1818 (by J. White), Commending Katie Dobbs of Livingston Intermediate School for her success in the 2014-2015 UIL academic competition.
HR 1819 (by J. White), Commending Kyle Stanley of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1820 (by J. White), Commending Damian Zuniga of Livingston Intermediate School for his success in the 2014-2015 UIL academic competition.
HR 1823 (by Blanco), Congratulating Patricia Rodarte of El Paso on receiving a $20,000 scholarship from the Coca-Cola Scholars Foundation.
HR 1825 (by Israel), Congratulating the City of Pflugerville on the 50th anniversary of its incorporation.
HR 1831 (by J. White), Congratulating Amber Litchfield of Livingston High School on her receipt of a President's Volunteer Service Award.
HR 1833 (by J. White), Congratulating Logan O'Dell and Blaine Marks of the Buna High School fishing team on winning first place in the Costa Bassmaster High School Central Open.
HR 1834 (by Sheets), Congratulating Mesquite native Craig Wayne Boyd for winning Season 7 of The Voice.
HR 1837 (by Leach), Congratulating Captain Christopher D. Fox of Plano on his retirement from the U.S. Navy.
HR 1841 (by Guillen), Congratulating Jasmine Chapa of Sarita on being named the winner of the Texas Conservation Awards Poster Contest by the Texas State Soil and Water Conservation Board.
HR 1844 (by Herrero), Congratulating Texas A&M University--Corpus Christi student Melinda Martinez on her selection as a 2015 USDA graduate fellow.
HR 1845 (by Herrero), Congratulating Texas A&M University--Corpus Christi student Maria Rodriguez on her selection as a 2015 USDA graduate fellow.
HR 1846 (by Herrero), Congratulating Texas A&M University--Corpus Christi student Mayra Lopez on her selection as a 2015 USDA graduate fellow.
HR 1847 (by Herrero), Congratulating Erin Lynn Escobedo on her graduation from Sanger High School.
HR 1856 (by Morrison and Schubert), Recognizing April 16, 2015, as Republican Women of Yoakum Day at the State Capitol.
HR 1857 (by Martinez), Welcoming the 2014-2015 Leadership Mid Valley class to the State Capitol on April 8, 2015.
HR 1858 (by Herrero), Congratulating Patricia Alonzo on the success of Beefy Burger in Robstown.
HR 1859 (by Herrero), Congratulating the Corpus Christi Caller-Times on its receipt of numerous awards at the Texas Associated Press Managing Editors convention.
HR 1861 (by Herrero), Congratulating Jim Cliburn on his induction into the Coastal Bend Coaches Association Hall of Honor.
HR 1862 (by Herrero), Congratulating Casper Wenzel on his induction into the Coastal Bend Coaches Association Hall of Honor.
HR 1866 (by J. White), Congratulating the members of the Kirbyville Wildcat Bassmasters Club on their performance at the Bassmaster Elite Tournament in Orange.
HR 1867 (by Flynn), Commemorating the 40th anniversary of My Credit Union.
HR 1870 (by Blanco), Commemorating the 15th annual Black History Art Show in El Paso.
HR 1871 (by C. Anderson), Congratulating the Greater Waco Chamber of Commerce on its selection as a 2014 Chamber of the Year finalist by the American Chamber of Commerce Executives.
HR 1872 (by C. Anderson), Congratulating Dr. Cecelia Boswell on her receipt of the 2014 State Administrator of the Gifted Award from the Texas Association for the Gifted and Talented.
HR 1873 (by C. Anderson), Congratulating the McGregor High School freshman football team on winning the 2014 district championship.
HR 1874 (by C. Anderson), Commemorating the 60th wedding anniversary of Kenneth and Dorothy Ludwig of Waco.
HR 1875 (by C. Anderson), Congratulating Larry and Grace Obr of Robinson on their 50th wedding anniversary.
HR 1876 (by C. Anderson), Congratulating the Youth Chorus of Central Texas on its receipt of the 2014 Model of Unity Award.
HR 1878 (by J. White), Congratulating Kathy Lowe on her induction into the Livingston Independent School District Apple Corps.
HR 1881 (by Márquez), Congratulating Commander Gomecindo Lopez on his retirement from the El Paso County Sheriff's Office.
HR 1882 (by Márquez), Congratulating El Paso Police Chief Gregory Allen on his receipt of the 2013 Excellence in Leadership Award from the National Tactical Officers Association.
HR 1883 (by Márquez), Congratulating Dr. Richard Lange on his appointment as the inaugural president of the Texas Tech University Health Sciences Center El Paso.
HR 1885 (by Márquez), Commending the El Paso Electric Company on its support of the El Paso Independent School District Education Foundation.
HR 1886 (by Márquez), Honoring the El Paso Community Foundation.
HR 1887 (by Márquez), Congratulating Eric Darnell of El Paso on his election as a fellow of the Texas Bar Foundation.
HR 1889 (by Márquez), Commemorating the inaugural academic year of the El Paso Leadership Academy.
HR 1890 (by Márquez), Congratulating Dr. Patrick Mitchell of El Paso on his nomination for the 2014 Dentist of the Year Award presented by the Texas Academy of General Dentistry.
HR 1891 (by J. White), Congratulating Susan Wright of Jean C. Few Primary School in Jasper on her receipt of a 2015 Reaud Excellence in Education Award.
HR 1892 (by J. White), Congratulating the Bella Sera Italian restaurant on earning the 2015 People's Choice Award from the Pilot Club of Jasper.
HR 1894 (by Villalba), Congratulating Anna Matheny on her retirement from the Grace Academy of Dallas.
HR 1895 (by Anchia), Congratulating Liz Cedillo-Pereira on her receipt of a 2015 Maura Women Helping Women Award from the Dallas Women's Foundation.
HR 1896 (by J. White), Congratulating Lumberton High School student Lauren Glover on signing a national letter of intent to play soccer at Lamar University.
HR 1897 (by Faircloth), Congratulating Rusty Senac on his selection as 2014 Person of the Year by the West Chambers County Chamber of Commerce.
HR 1900 (by Wu), Congratulating T. J. Aulds and Dr. Beth Lewis of League City on their marriage.
HR 1902 (by Peña), Commending Officer Tina Taylor of the Deer Park Police Department for her service as crime prevention officer.
HR 1904 (by J. White), Congratulating the Kirbyville High School junior varsity tennis team on its performance in the Woodville JV Invitational Tournament.
HR 1905 (by Herrero), Congratulating Radiology Associates of Corpus Christi on its recognition by the American Cancer Society for its fund-raising success.
HR 1906 (by Herrero), Commemorating the 20th anniversary of the Robstown Area Development Commission.
HR 1909 (by Hughes), Commending the Honorable Alice Tomerlin for her service as justice of the peace for Precinct 1 of Wood County.
HR 1912 (by Hughes), Congratulating Elizabeth Williams of Rains County on her 100th birthday.
HR 1913 (by Hughes), Congratulating Arthur Skelton on his retirement from the Chapel Hill Independent School District.
HR 1918 (by Herrero), Congratulating Sarah R. Saldaña on her confirmation as assistant secretary in charge of Immigration and Customs Enforcement at the Department of Homeland Security.
HR 1919 (by Faircloth), Commemorating the 175th anniversary of the founding of First Presbyterian Church in Galveston.
HR 1923 (by Springer), Commemorating the 15th anniversary of North Central Texas College--Bowie.
HR 1924 (by Springer), Paying tribute to the life and service of U.S. Navy Lieutenant Wilma Ledbetter of Chillicothe.
HR 1925 (by Springer), Commemorating the centennial of Kiwanis International and honoring the Kiwanis Club of Vernon for its service to the community.
HR 1926 (by Springer), Congratulating Dr. Nelson Coulter on his retirement as superintendent of the Guthrie Common School District.
HR 1927 (by Springer), Congratulating Katelin Bailey of Jacksboro High School on her achievements in FFA.
HR 1929 (by Isaac), Commending Michelle Brucato on her service in the office of State Representative Jason Isaac as a participant in the Clements Legislative Study Program.
HR 1930 (by Isaac), Commending Taylor A. Griffin for her service as an intern in the office of State Representative Jason Isaac.
HR 1931 (by Isaac), Commending Tyler Reese Blakey for his service as an intern in the office of State Representative Jason Isaac.
HR 1932 (by Isaac), Commending Miranda Heck on her service in the office of State Representative Jason Isaac as a participant in the Texas A&M University Public Policy Internship Program.
HR 1933 (by Isaac), Congratulating TexasHSFootball.com on its success.
HR 1935 (by Reynolds), Recognizing April 14, 2015, as Blue Ribbon Lobby Day at the State Capitol.
HR 1936 (by Reynolds), Congratulating Alice Aanstoos of Missouri City on her retirement from AT&T.
HR 1938 (by Hughes), Recognizing Sean Carter of WhenSeanSpeaks, Inc., for his work in focusing attention on drunk driving and helping its victims.
HR 1939 (by Kuempel), Recognizing December 9, 2015, as Educational Technology Appreciation Day.
The resolutions were adopted.
The following memorial resolutions were laid before the house:
HR 1718 (by González), In memory of Misael Hernandez of El Paso.
HR 1729 (by S. King), In memory of Brian Green of Abilene.
HR 1730 (by S. King), In memory of Lane Frizzell of Abilene.
HR 1731 (by S. King), In memory of Dr. Karen Hicks-Alldredge of Sweetwater.
HR 1749 (by Raymond), In memory of Alissa Aileen Winch Bradford.
HR 1758 (by C. Anderson), In memory of Glendon O. DeZell of Waco.
HR 1768 (by Herrero), In memory of Guadalupe Benavidez Gutierrez and Manuel Gutierrez, Jr., of Robstown.
HR 1772 (by Herrero), In memory of C. C. Winn of Corpus Christi.
HR 1773 (by Dale), In memory of Walter "Yukon" Yates of Cedar Park.
HR 1775 (by Craddick), In memory of Joe Raymond Henderson, Jr., of Midland.
HR 1830 (by Lozano), In memory of Bee County Judge David Silva.
HR 1839 (by Leach), In memory of Todd Andersen of Fulshear.
HR 1842 (by Guillen), In memory of DeWitt Monroe "Chachi" Jones, Jr., of Rio Grande City.
HR 1860 (by Herrero), In memory of Richard Leo Harrell of Portland.
HR 1879 (by Márquez), In memory of Officer Adrian Arellano of El Paso.
HR 1884 (by Márquez), In memory of the Reverend Theodore M. Hesburgh.
HR 1888 (by Márquez), In memory of Carlos Garcia, Jr., of El Paso.
HR 1898 (by Faircloth), In memory of Lawrence John Del Papa, Sr., of Galveston.
HR 1908 (by Hughes), In memory of Eugene Mallory of Mineola.
HR 1910 (by Hughes), In memory of Jimmie Lou Robinson of Mineola.
HR 1911 (by Hughes), In memory of Joanne Russell Williams of Mineola.
HR 1914 (by Hughes), In memory of LaVeta Duncan Curry of Dallas.
HR 1915 (by Hughes), In memory of Alvin Clayton Welborn of Mount Pleasant.
HR 1916 (by Hughes), In memory of Orvil Glyn Briggs of Point.
HR 1917 (by Herrero), In memory of Annastazie Nemec Kennedy of Corpus Christi.
The resolutions were unanimously adopted by a rising vote.
(Raymond in the chair)
HB 3920 - RECOMMITTED
Representative Parker moved to recommit HB 3920 to the Committee on Investments and Financial Services.
The motion prevailed.
RECESS
Representative S. Thompson moved that the house recess until 9 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 5:55 p.m., recessed until 9 a.m. tomorrow.
ADDENDUM
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HB 4212 (By Hughes), Relating to the creation of the Mineola Area Medical District; granting the authority to impose a tax and issue bonds; granting the power of eminent domain.
To County Affairs.
HB 4213 (By Phelan), Relating to the jurisdiction of the County Court of Jefferson County.
To Judiciary and Civil Jurisprudence.
HB 4214 (By Isaac), Relating to the creation of the Legacy Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
To Special Purpose Districts.
SB 145 to Criminal Jurisprudence.
SB 267 to Urban Affairs.
SB 839 to Special Purpose Districts.
Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects the referral of the following bills and resolutions:
SB 911 to Environmental Regulation.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 17
SB 193, SB 288, SB 505, SB 529, SB 572, SB 655, SB 700, SB 742, SB 784, SB 815, SB 1024, SB 1099, SB 1264, SB 1651
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 7, 2015 - 1
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
Relating to reimbursement of certain medical costs for victims of certain sex offenses and compensation to victims of stalking for relocation and housing rental expenses.
Relating to health plan and health benefit plan coverage for abortions.
Relating to a common characteristic or use project in and to the establishment of a public improvement district in certain municipalities.
Relating to the prosecution of the offense of obstruction or retaliation; creating a criminal offense.
Relating to the operation of certain property owners' associations.
Relating to contested cases conducted under the Administrative Procedure Act.
Relating to the sales and use taxation of aircraft.
Relating to the electronic filing of reports of political contributions and expenditures and of personal financial statements by certain officeholders and candidates and the content of those statements; creating a criminal offense.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 7, 2015 - 2
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 1016
King, Tracy O.
SPONSOR: Uresti
|
Relating to the designation of certain river or stream segments as being of unique ecological value.
HB 1042
Frank
SPONSOR: Estes
|
Relating to the designation of a site of unique value for the construction of a reservoir.
Relating to the medical use of low-THC cannabis and the regulation of related organizations and individuals; requiring a dispensing organization to obtain a license to dispense low-THC cannabis and any employee of a dispensing organization to obtain a registration; authorizing fees.
Relating to state interventions and sanctions against public school campuses with unacceptable performance and the establishment of the Texas Opportunity School District for educating students at certain low-performing campuses.
Relating to mandatory participation in certain TANF employment and other programs by certain persons.
Relating to the regulation of medical radiologic technology; providing an administrative penalty; imposing fees; requiring an occupational license.
Relating to a prescription drug misuse awareness component of the health curriculum used in public schools.
Relating to notifying a parent or guardian whether an employee of a school is appointed school marshal and the confidentiality of information submitted to or collected by the Texas Commission on Law Enforcement in connection with a certification for appointment as school marshal.
Relating to classifying synthetic cannabinoid or cathinone as a Schedule I controlled substance under the Texas Controlled Substances Act; affecting the prosecution of a criminal offense.
Relating to the use of certain lighting equipment on motorcycles.
Relating to the designation of Loop 223 in Bastrop County as the Captain Jesse Billingsley Memorial Loop.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 7, 2015 - 3
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 4
Huberty
SPONSOR: Campbell
|
Relating to a high quality prekindergarten program provided by public school districts.
(Amended)
Relating to the election date of the North Plains Groundwater Conservation District.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 6
Agriculture and Livestock - SB 610, SB 797, SB 971
Business and Industry - HB 232, HB 3400, HB 3460, HB 3539, HB 4114
County Affairs - HB 4182, SB 408, SB 569, SB 584
Criminal Jurisprudence - HB 3936
Culture, Recreation, and Tourism - HB 1229, HCR 75
Defense and Veterans' Affairs - SB 660
Environmental Regulation - HB 3026
Government Transparency and Operation - HB 2164, HB 2700
Higher Education - HB 2138, HB 3577, HB 4046, SB 42, SB 308, SB 317, SB 347
Homeland Security and Public Safety - HR 1215, SB 476
Human Services - HB 2433
Insurance - HB 3164
International Trade and Intergovernmental Affairs - SB 940
Investments and Financial Services - HB 1239, SB 875, SB 899
Juvenile Justice and Family Issues - HB 1549, HB 1586
Natural Resources - HB 3163, HB 4130
Pensions - HB 2572
Public Education - SB 925
Public Health - SB 97
Special Purpose Districts - HB 2345, HB 4125, HB 4139, HB 4142, HB 4147, HB 4153, HB 4154, HB 4170, HB 4183
State and Federal Power and Responsibility, Select - HCR 82
State Affairs - HB 183, HB 537, HB 2034, HB 2475, HB 2783, HB 3438, HB 3567, HB 4105
Transportation - HB 1526
Urban Affairs - HB 3186
Ways and Means - HB 2710, HB 3772
ENGROSSED
May 6 - HB 156, HB 200, HB 217, HB 239, HB 263, HB 307, HB 326, HB 335, HB 408, HB 510, HB 516, HB 621, HB 735, HB 966, HB 1015, HB 1072, HB 1074, HB 1110, HB 1232, HB 1269, HB 1363, HB 1510, HB 1596, HB 1621, HB 1625, HB 1639, HB 1681, HB 1855, HB 1871, HB 1874, HB 2063, HB 2212, HB 2291, HB 2299, HB 2340, HB 2366, HB 2396, HB 2424, HB 2466, HB 2507, HB 2532, HB 2633, HB 2660, HB 2812, HB 2839, HB 3225, HB 3474, HB 3601, HB 3610, HB 3618, HB 3660, HB 3685, HB 3710, HB 3910, HB 4011, HB 4034, HCR 70
SENT TO THE GOVERNOR
May 6 - HB 40, HB 593, HCR 43, HCR 84, HCR 88