SEVENTY-FIFTH DAY --- THURSDAY, MAY 21, 2015
The house met at 10:04 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 1236).
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; 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; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; 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 — King, S.; Reynolds; Smithee.
Absent — Dukes.
The speaker recognized Representative Fallon who introduced Keith Craft, pastor, Elevate Life Church, Frisco, who offered the invocation as follows:
Dear Heavenly Father, we thank you for this day. This is the day that you have made, let us rejoice and be glad in it. Your word says, they that trust in the Lord shall be as Mount Zion, that shall not be removed but abides forever. And as the mountains surround Jerusalem, so the Lord will surround those who put their trust in him.
God, I ask for you to surround this great assembly of leaders today with your love. May each one of them know they are loved extravagantly and unconditionally by you. Surround them today with your mercy. Let each one of them know that nothing can separate them from the love of God and that your mercy endures forever. Surround them by your grace. God, if you can turn the world on an invisible axis, you can give each one of these great men and women your power to do things your way. Surround them by your skillful and godly wisdom to govern and guide the great State of Texas. Give them the ability to distinguish not only between good and evil, but good and best. Surround them with your divine knowledge. Help them to know what needs to be done, how it needs to be done, and when it needs to be done.
I ask you, God, to surround each person with your favor. Give them a divine advantage for success. Surround each of their families with your love that covers a multitude of sins, your peace that surpasses all understanding, and your joy in the midst of any sorrow.
We invite your divine presence in this place. Bring your super into every person's natural. And because of this assembly's extraordinary leadership, may Texas continue to be the tip of the spear in leading America in effective governance, innovative strategies, and perpetual prosperity.
As I end my prayer and you begin this day, I pray the Lord bless you and keep you. May the Lord make his face to shine upon you. May you know that if God is for you, who can be against you. May you know that if God is on your side, whom shall you fear. May you be like a tree planted by rivers of living water, whose leaves will not wither, and I declare over this house of representatives that whatsoever you do, it shall prosper. In Jesus' name. Amen.
The speaker recognized Representative Gonzales who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting:
S. King on motion of Naishtat.
The following member was granted leave of absence temporarily for today because of important business in the district:
Smithee on motion of Smith.
(Gonzales in the chair)
CAPITOL PHYSICIAN
The chair recognized Representative Márquez who presented Dr. David Palafox of El Paso as the "Doctor for the Day."
The house welcomed Dr. Palafox and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
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).
HCR 127 - ADOPTED
(by Wu)
Representative Wu moved to suspend all necessary rules to take up and consider at this time HCR 127.
The motion prevailed.
The following resolution was laid before the house:
HCR 127, Commemorating the 20th anniversary of the Westchase District in Houston.
HCR 127 was adopted.
HR 2796 - ADOPTED
(by Workman)
Representative Workman moved to suspend all necessary rules to take up and consider at this time HR 2796.
The motion prevailed.
The following resolution was laid before the house:
HR 2796, Honoring recipients of the Theodore Roosevelt Navy League Youth Medal.
HR 2796 was adopted.
HR 2099 - ADOPTED
(by Nevárez)
Representative Nevárez moved to suspend all necessary rules to take up and consider at this time HR 2099.
The motion prevailed.
The following resolution was laid before the house:
HR 2099, In memory of Charles Coleman Winn of Corpus Christi.
HR 2099 was read and was unanimously adopted by a rising vote.
On motion of Representative Allen, the names of all the members of the house were added to HR 2099 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Nevárez who introduced family members of Charles Coleman Winn.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Raymond requested permission for the Committee on Human Services to meet while the house is in session, at 11 a.m. today, in 3W.9, to consider SB 723, SB 1928, SB 1999, and pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Human Services, 11 a.m. today, 3W.9, for a formal meeting, to consider SB 723, SB 1928, SB 1999, and pending business.
HR 2810 - ADOPTED
(by E. S. Turner)
Representative E. S. Turner moved to suspend all necessary rules to take up and consider at this time HR 2810.
The motion prevailed.
The following resolution was laid before the house:
HR 2810, Commending Chuck and Michelle Wright of Frisco for correcting the headstone of deceased World War II veteran Staff Sergeant Burton E. Burfeind.
HR 2810 was adopted.
On motion of Representative Tinderholt, the names of all the members of the house were added to HR 2810 as signers thereof.
HR 3013 - ADOPTED
(by Giddings)
Representative Giddings moved to suspend all necessary rules to take up and consider at this time HR 3013.
The motion prevailed.
The following resolution was laid before the house:
HR 3013, Recognizing May 21, 2015, as Red Nose Day in Texas.
HR 3013 was adopted.
On motion of Representative Huberty, the names of all the members of the house were added to HR 3013 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Giddings who introduced participants in Red Nose Day.
HR 2819 - ADOPTED
(by Clardy)
Representative Clardy moved to suspend all necessary rules to take up and consider at this time HR 2819.
The motion prevailed.
The following resolution was laid before the house:
HR 2819, Congratulating members of the Martinsville High School One-Act Play Company on qualifying for the 2015 UIL State One-Act Play Contest.
HR 2819 was adopted.
HR 2825 - ADOPTED
(by Clardy)
Representative Clardy moved to suspend all necessary rules to take up and consider at this time HR 2825.
The motion prevailed.
The following resolution was laid before the house:
HR 2825, Commending Zoe Ang for her service as a legislative intern in the office of State Representative Travis Clardy.
HR 2825 was adopted.
HR 480 - PREVIOUSLY ADOPTED
(by Koop and Button)
The chair laid out the following previously adopted resolution:
HR 480, Congratulating Joshua Chari of the Lloyd V. Berkner High School STEM Academy in Richardson on his exceptional scholastic achievements.
INTRODUCTION OF GUESTS
The chair recognized Representative Koop who introduced Joshua Chari and members of his family.
HR 2923 - ADOPTED
(by S. Davis)
Representative S. Davis moved to suspend all necessary rules to take up and consider at this time HR 2923.
The motion prevailed.
The following resolution was laid before the house:
HR 2923, Recognizing May 2015 as Hepatitis C Awareness Month in Texas.
HR 2923 was adopted.
HR 2818 - ADOPTED
(by Crownover)
Representative Crownover moved to suspend all necessary rules to take up and consider at this time HR 2818.
The motion prevailed.
The following resolution was laid before the house:
HR 2818, Recognizing May 2015 as Cystic Fibrosis Awareness Month in Texas.
HR 2818 was adopted.
On motion of Representative Sheets, the names of all the members of the house were added to HR 2818 as signers thereof.
HR 2926 - ADOPTED
(by Sheets)
Representative Sheets moved to suspend all necessary rules to take up and consider at this time HR 2926.
The motion prevailed.
The following resolution was laid before the house:
HR 2926, Honoring Mackenzie Marquis for the perseverance she has demonstrated while living with cystic fibrosis.
HR 2926 was adopted.
On motion of Representative Crownover, the names of all the members of the house were added to HR 2926 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Sheets who introduced Mackenzie Marquis and members of her family.
HR 3044 - ADOPTED
(by Naishtat)
Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HR 3044.
The motion prevailed.
The following resolution was laid before the house:
HR 3044, In memory of Charlotte Koehler Flynn of Austin.
HR 3044 was unanimously adopted by a rising vote.
On motion of Representative McClendon, the names of all the members of the house were added to HR 3044 as signers thereof.
HR 2650 - ADOPTED
(by Naishtat and Riddle)
Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HR 2650.
The motion prevailed.
The following resolution was laid before the house:
HR 2650, Recognizing May 21, 2015, as Texas-Israel Day at the State Capitol.
HR 2650 was adopted.
On motion of Representative Koop, the names of all the members of the house were added to HR 2650 as signers thereof.
HR 724 - PREVIOUSLY ADOPTED
(by Villalba)
The chair laid out the following previously adopted resolution:
HR 724, Celebrating the work of Honor Flight DFW.
INTRODUCTION OF GUESTS
The chair recognized Representative Villalba who introduced representatives of Honor Flight DFW.
HR 3053 - ADOPTED
(by Workman)
Representative Workman moved to suspend all necessary rules to take up and consider at this time HR 3053.
The motion prevailed.
The following resolution was laid before the house:
HR 3053, Commending Jay Dickey on his service as an intern in the office of State Representative Paul Workman.
HR 3053 was adopted.
HR 3054 - ADOPTED
(by Workman)
Representative Workman moved to suspend all necessary rules to take up and consider at this time HR 3054.
The motion prevailed.
The following resolution was laid before the house:
HR 3054, Commending Elvis Lossa on his service as an intern in the office of State Representative Paul Workman.
HR 3054 was adopted.
HR 2313 - ADOPTED
(by Israel)
Representative Israel moved to suspend all necessary rules to take up and consider at this time HR 2313.
The motion prevailed.
The following resolution was laid before the house:
HR 2313, Congratulating Pflugerville ISD students on the documentary True Beef: From Pasture to Plate.
HR 2313 was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative Israel who introduced Pflugerville ISD students.
HR 2835 - ADOPTED
(by Canales)
Representative Canales moved to suspend all necessary rules to take up and consider at this time HR 2835.
The motion prevailed.
The following resolution was laid before the house:
HR 2835, Recognizing the Pharr-Reynosa International Bridge for its significance as a port of entry.
HR 2835 was adopted.
(Márquez in the chair)
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 18 ON THIRD READING
(Zerwas - House Sponsor)
SB 18, A bill to be entitled An Act relating to measures to support or enhance graduate medical education in this state, including the transfer of certain assets from the Texas Medical Liability Insurance Underwriting Association to the permanent fund supporting graduate medical education and the authority of the association to issue new policies.
Amendment No. 1
Representative Zerwas offered the following amendment to SB 18:
Amend SB 18 on third reading as follows:
(1) On page 10, between lines 23 and 24, insert "(c) Notwithstanding any other provision of this code, all association reserve funds and policyholder stabilization reserve funds under Subchapter G, including funds held on behalf of the department under Section 2203.303(c), not necessary for the purposes described by Subsection (a) may be transferred under Subsection (d) to the permanent fund supporting graduate medical education established under Section 58A.002, Education Code."
(2) On page 10, line 24, strike "(c)" and substitute "(d)"
Amendment No. 1 was adopted.
SB 18, as amended, was passed by (Record 1237): 144 Yeas, 0 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; 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.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Spitzer.
STATEMENT OF VOTE
When Record No. 1237 was taken, I was in the house but away from my desk. I would have voted yes.
Spitzer
SB 24 ON THIRD READING
(Zerwas - House Sponsor)
SB 24, A bill to be entitled An Act relating to training for members of the governing board of a public institution of higher education.
SB 24 was passed by (Record 1238): 83 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Bohac; Burkett; Canales; Clardy; Coleman; Collier; Cook; Crownover; Dale; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Longoria; Lozano; Lucio; Márquez(C); Martinez; Martinez Fischer; Miles; Minjarez; Moody; Morrison; Muñoz; Nevárez; Oliveira; Otto; Peña; Phelan; Phillips; Price; Raney; Raymond; Rodriguez, E.; Rodriguez, J.; Sanford; Sheets; Sheffield; Stephenson; Thompson, S.; Turner, C.; Turner, S.; Villalba; Vo; Walle; Wu; Zerwas.
Nays — Anderson, R.; Bell; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Capriglione; Craddick; Cyrier; Darby; Faircloth; Fallon; Flynn; Frank; Goldman; Hughes; Isaac; Keffer; Keough; Krause; Landgraf; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Miller, R.; Murphy; Murr; Paddie; Parker; Paul; Riddle; Rinaldi; Schaefer; Schofield; Schubert; Shaheen; Simmons; Simpson; Smith; Springer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; White, J.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Harless; Hernandez; McClendon; Naishtat; Pickett; Romero; Rose; Spitzer.
STATEMENTS OF VOTE
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Bohac
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Fletcher
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Geren
When Record No. 1238 was taken, my vote failed to register. I would have voted no.
Harless
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1238 was taken, I was in the house but away from my desk. I would have voted yes.
Naishtat
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Otto
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Phelan
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Price
When Record No. 1238 was taken, I was in the house but away from my desk. I would have voted yes.
Romero
When Record No. 1238 was taken, I was shown voting yes. I intended to vote no.
Sheets
When Record No. 1238 was taken, I was in the house but away from my desk. I would have voted no.
Spitzer
SB 918 ON THIRD READING
(Otto - House Sponsor)
SB 918, A bill to be entitled An Act relating to the procedure for claiming an exemption from ad valorem taxation of the property of a veteran's organization.
SB 918 was passed by (Record 1239): 145 Yeas, 0 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; 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.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes.
SB 367 ON THIRD READING
(Geren - House Sponsor)
SB 367, A bill to be entitled An Act relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.
SB 367 was passed by (Record 1240): 135 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; 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; Isaac; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; 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; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Anderson, R.; Bell; Dutton; Rinaldi; Stickland; Tinderholt; Turner, E.S.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Keough; Thompson, E.
STATEMENT OF VOTE
When Record No. 1240 was taken, I was in the house but away from my desk. I would have voted yes.
Keough
SB 795 ON THIRD READING
(Klick - House Sponsor)
SB 795, A bill to be entitled An Act relating to establishing an interstate voter registration crosscheck program.
SB 795 was passed by (Record 1241): 98 Yeas, 45 Nays, 1 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; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Herrero; Huberty; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Muñoz; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Raymond; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; Walle; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Howard; Hughes; Israel; Johnson; King, T.; Longoria; Lucio; Márquez(C); Martinez; Martinez Fischer; Miles; Minjarez; Moody; Naishtat; Nevárez; Oliveira; Pickett; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Turner, C.; Turner, S.; Vo; Wu.
Present, not voting — Mr. Speaker.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Faircloth; Sheffield.
STATEMENTS OF VOTE
When Record No. 1241 was taken, I was in the house but away from my desk. I would have voted yes.
Faircloth
When Record No. 1241 was taken, I was shown voting yes. I intended to vote no.
Herrero
When Record No. 1241 was taken, I was in the house but away from my desk. I would have voted yes.
Sheffield
When Record No. 1241 was taken, I was shown voting yes. I intended to vote no.
S. Thompson
When Record No. 1241 was taken, I was shown voting yes. I intended to vote no.
Walle
SB 734 ON THIRD READING
(Cook - House Sponsor)
SB 734, A bill to be entitled An Act relating to the setting of annual interest rates for utility deposits by the Public Utility Commission of Texas.
SB 734 was passed by (Record 1242): 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Turner, S.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Laubenberg.
SB 755 ON THIRD READING
(Button - House Sponsor)
SB 755, A bill to be entitled An Act relating to the application of the sales and use tax to certain computer program transactions.
SB 755 was passed by (Record 1243): 141 Yeas, 1 Nays, 1 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; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; 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(C); 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; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Spitzer; 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.
Nays — Minjarez.
Present, not voting — Mr. Speaker.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Coleman; Dukes; Herrero; Simmons.
SB 1734 ON THIRD READING
(T. King - House Sponsor)
SB 1734, A bill to be entitled An Act relating to the eradication of Carrizo cane along the Rio Grande River.
SB 1734 was passed by (Record 1244): 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; 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; Laubenberg; Leach; Longoria; Lozano; Lucio; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; 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; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes.
SB 904 ON THIRD READING
(Darby - House Sponsor)
SB 904, A bill to be entitled An Act relating to exempting emergency preparation supplies from the sales and use tax for a limited period.
SB 904 was passed by (Record 1245): 126 Yeas, 17 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; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; McClendon; 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; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Simmons; Smith; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Cyrier; Frank; Goldman; Hughes; Krause; Leach; Murr; Rinaldi; Schaefer; Shaheen; Sheffield; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; White, M.
Present, not voting — Mr. Speaker; Israel; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes.
SB 1902 ON THIRD READING
(Herrero - House Sponsor)
SB 1902, A bill to be entitled An Act relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.
SB 1902 was passed by (Record 1246): 138 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; 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; 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; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; 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.
Nays — Fletcher; Murr; Phillips; Schofield.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Burkett; Dukes; McClendon.
STATEMENTS OF VOTE
When Record No. 1246 was taken, I was in the house but away from my desk. I would have voted yes.
Burkett
When Record No. 1246 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
SB 667 ON THIRD READING
(Smithee - House Sponsor)
SB 667, A bill to be entitled An Act relating to reinsurance, distributions, and pooling arrangements by captive insurance companies.
Representative Smith moved to postpone consideration of SB 667 until 1 p.m. today.
The motion prevailed.
SB 1389 ON THIRD READING
(Lucio - House Sponsor)
SB 1389, A bill to be entitled An Act relating to the border commerce coordinator.
SB 1389 was passed by (Record 1247): 93 Yeas, 47 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burkett; Canales; Clardy; Coleman; Collier; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hunter; Isaac; Israel; Johnson; Keffer; King, T.; Koop; Kuempel; Larson; Lozano; Lucio; Márquez(C); Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Peña; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Sheffield; Simmons; Smith; Spitzer; Stephenson; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Workman; Wu; Zerwas.
Nays — Anderson, R.; Bell; Bohac; Burns; Burrows; Button; Capriglione; Cook; Elkins; Fallon; Frank; Geren; Huberty; Hughes; Kacal; Keough; King, K.; Klick; Krause; Landgraf; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Miller, R.; Murr; Paddie; Paul; Phelan; Rinaldi; Schaefer; Schofield; Shaheen; Sheets; Simpson; Springer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker.
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Harless; Howard; King, P.; Longoria; Parker.
STATEMENTS OF VOTE
When Record No. 1247 was taken, I was shown voting yes. I intended to vote no.
Cyrier
When Record No. 1247 was taken, my vote failed to register. I would have voted no.
Harless
When Record No. 1247 was taken, I was shown voting no. I intended to vote yes.
Kacal
When Record No. 1247 was taken, I was in the house but away from my desk. I would have voted no.
P. King
When Record No. 1247 was taken, my vote failed to register. I would have voted no.
Parker
When Record No. 1247 was taken, I was shown voting yes. I intended to vote no.
Spitzer
SB 789 ON THIRD READING
(Geren, et al. - House Sponsors)
SB 789, A bill to be entitled An Act relating to the authority of certain municipalities to provide sewer service to areas within the municipal boundaries without obtaining a certificate of public convenience and necessity.
SB 789 was passed by (Record 1248): 133 Yeas, 10 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; 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; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; McClendon; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Spitzer; Stephenson; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Bell; Bernal; Bohac; Hughes; Murr; Simmons; Springer; Stickland; Thompson, E.; Turner, E.S.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Giddings.
STATEMENT OF VOTE
When Record No. 1248 was taken, I was in the house but away from my desk. I would have voted yes.
Giddings
SB 1465 ON THIRD READING
(Phillips - House Sponsor)
SB 1465, A bill to be entitled An Act relating to creating limited purpose disaster declaration authority for the governor.
SB 1465 was passed by (Record 1249): 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; 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, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; 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.
Nays — Dutton.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; King, K.; Nevárez; Zerwas.
SB 130 ON THIRD READING
(Canales - House Sponsor)
SB 130, A bill to be entitled An Act relating to the eligibility of criminal defendants for an order of nondisclosure; authorizing a fee.
Amendment No. 1
Representative Wu offered the following amendment to SB 130:
Amend SB 130 on third reading as follows:
(1) On page 1, strike lines 5 through 7 and substitute the following:
SECTION 1. Section 411.081, Government Code, is amended by amending Subsections (d), (e), (f), (f-1), and (h) and adding Subsections (d-1), (d-2), (e-1), (h-1), and (h-2) to read as follows:
(2) On page 3, between lines 22 and 23, insert the following:
(d-2) Notwithstanding any other provision of this chapter and subject to Subsection (e-1), a person who is convicted of and has satisfied the judgment for or who has received a dismissal after deferral of disposition for a Class C misdemeanor, other than an offense under the Transportation Code, a municipal ordinance or county order, Section 106.041, Alcoholic Beverage Code, or Chapter 71, Penal Code, may petition the court that convicted or granted a dismissal to the person for an order of nondisclosure under this subsection. After notice to the state, the court shall hold a hearing on whether the person is entitled to file the petition and whether issuance of the order is in the best interest of justice. In determining whether granting the order is in the best interest of justice, the court may consider any factors the court considers relevant. If the court determines that granting the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the Class C misdemeanor offense that is the subject of the petition. As a condition of granting the petition under this subsection for a person convicted of the offense, a court may require the defendant to perform community service, pay a fee, or both perform the community service and pay the fee as if the defendant had been placed on probation pending deferred disposition under Article 45.051, Code of Criminal Procedure. A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under this subsection only to other criminal justice agencies for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court for an order of nondisclosure under this subsection only on or after the second anniversary of the conviction or dismissal, as applicable.
(3) On page 4, between lines 20 and 21, insert the following:
(e-1) A person is not entitled to petition the court under Subsection (d-2) if the person has been previously convicted of or placed on deferred adjudication for a Class C misdemeanor, other than an offense under the Transportation Code, regardless of whether that offense is subject to an order of nondisclosure of criminal history record information granted under this section or any other law.
(4) On page 4, line 21, strike "(d) and (e)" and substitute "(d), (e), and (e-1)".
(5) On page 5, line 7, strike "(d) or (d-1)" and substitute "(d), (d-1), or (d-2)".
(6) On page 6, line 10, strike "Subsection (f-1) [(d)]" and substitute "Subsection (f-1) for a petition filed under Subsection (d) or (d-1)".
(7) On page 6, line 13, between the period and "The Department", insert the following:
(h-1) The clerk of a court that collects a fee paid under Subsection (f-1) for a petition filed under Subsection (d-2) shall deposit the fee to the credit of the general fund of the municipality or county, as applicable.
(h-2)
(8) On page 7, line 6, strike "Subsection (d) or (d-1)" and substitute "this section [Subsection (d)]".
(9) On page 9, line 13, strike "411.081(d) or (d-1)" and substitute "411.081 [411.081(d)]".
(10) On page 9, line 20, strike "411.081(d) or (d-1)" and substitute "411.081 [411.081(d)]".
(11) On page 10, line 9, strike "411.081(d) or (d-1)" and substitute "411.081 [411.081(d)]".
(12) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 109.005(a), Business and Commerce Code, as added by Chapter 1200 (SB 1289), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:
(a) A business entity may not publish any criminal record information in the business entity's possession with respect to which the business entity has knowledge or has received notice that:
(1) an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under Section 411.081 [411.081(d)], Government Code.
SECTION ____. Section 103.0211, Government Code, is amended to read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Government Code if ordered by the court or otherwise required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15 or, in specified counties, $30;
(3) a speedy trial rights waiver motion filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100;
(4) the costs of a criminal magistrate if the court determines that the nonprevailing party is able to defray the costs:
(A) in Bexar County (Sec. 54.913, Government Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government Code) . . . magistrate's fees; and
(E) in Travis County (Sec. 54.983, Government Code) . . . magistrate's fees;
(5) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . not less than $25 and not more than $60 per month; and
(6) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain cases (Sec. 411.081(f-1) [411.081], Government Code) . . . $28.
SECTION ____. The changes in law made by Sections 411.081(d-2) and (e-1), Government Code, as added by this Act, apply to a petition for an order of nondisclosure that is filed on or after the effective date of this Act, regardless of whether the Class C misdemeanor that is the subject of the petition occurred before, on, or after the effective date of this Act.
Amendment No. 1 was withdrawn.
SB 130 was passed by (Record 1250): 137 Yeas, 5 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; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Cook; Isaac; Murr; Phillips; Thompson, E.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes; Laubenberg; Minjarez.
STATEMENTS OF VOTE
When Record No. 1250 was taken, I was in the house but away from my desk. I would have voted yes.
Minjarez
When Record No. 1250 was taken, I was shown voting no. I intended to vote yes.
E. Thompson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
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 read second time on May 7, postponed until 6 a.m. May 11, postponed until 2 p.m. May 11, postponed until 3 p.m. May 11, postponed until May 15, postponed until May 20, and was again postponed until 6 a.m. today.
(Speaker in the chair)
Representative Phillips moved to postpone consideration of SB 1173 until 11 a.m. tomorrow.
The motion prevailed.
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 757 ON SECOND READING
(Springer - House Sponsor)
SB 757, A bill to be entitled An Act relating to the repeal of the production taxes on crude petroleum and sulphur.
Representative Springer moved to postpone consideration of SB 757 until 12:15 p.m. today.
The motion prevailed.
SB 760 ON SECOND READING
(Price - House Sponsor)
SB 760, A bill to be entitled An Act relating to provider access and assignment requirements for a Medicaid managed care organization.
Amendment No. 1
Representative Zerwas offered the following amendment to SB 760:
Amend SB 760 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 531.0213, Government Code, is amended by adding Subsections (b-1) and (e), amending Subsection (c), and amending Subsection (d), as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, to read as follows:
(b-1) The commission shall provide support and information services required by this section through a network of entities coordinated by the commission's office of the ombudsman or other division of the commission designated by the executive commissioner and composed of:
(1) the commission's office of the ombudsman or other division of the commission designated by the executive commissioner to coordinate the network;
(2) the office of the state long-term care ombudsman required under Subchapter F, Chapter 101A, Human Resources Code;
(3) the division within the commission responsible for oversight of Medicaid managed care contracts;
(4) area agencies on aging;
(5) aging and disability resource centers established under the Aging and Disability Resource Center initiative funded in part by the federal Administration on Aging and the Centers for Medicare and Medicaid Services; and
(6) any other entity the executive commissioner determines appropriate, including nonprofit organizations with which the commission contracts under Subsection (c).
(c) The commission may provide support and information services by contracting with [a] nonprofit organizations [organization] that are [is] not involved in providing health care, health insurance, or health benefits.
(d) As a part of the support and information services required by this section, the commission [or nonprofit organization] shall:
(1) operate a statewide toll-free assistance telephone number that includes relay services for persons with speech or hearing disabilities [TDD lines] and assistance for persons who speak Spanish;
(2) intervene promptly with the state Medicaid office, managed care organizations and providers, and any other appropriate entity on behalf of a person who has an urgent need for medical services;
(3) assist a person who is experiencing barriers in the Medicaid application and enrollment process and refer the person for further assistance if appropriate;
(4) educate persons so that they:
(A) understand the concept of managed care;
(B) understand their rights under Medicaid, including grievance and appeal procedures; and
(C) are able to advocate for themselves;
(5) collect and maintain statistical information on a regional basis regarding calls received by the assistance lines and publish quarterly reports that:
(A) list the number of calls received by region;
(B) identify trends in delivery and access problems;
(C) identify recurring barriers in the Medicaid system; and
(D) indicate other problems identified with Medicaid managed care; [and]
(6) assist the state Medicaid office and managed care organizations and providers in identifying and correcting problems, including site visits to affected regions if necessary;
(7) meet the needs of all current and future Medicaid managed care recipients, including children receiving dental benefits and other recipients receiving benefits, under the:
(A) STAR Medicaid managed care program;
(B) STAR + PLUS Medicaid managed care program, including the Texas Dual Eligibles Integrated Care Demonstration Project provided under that program;
(C) STAR Kids managed care program established under Section 533.00253; and
(D) STAR Health program;
(8) incorporate support services for children enrolled in the child health plan established under Chapter 62, Health and Safety Code; and
(9) ensure that staff providing support and information services receives sufficient training, including training in the Medicare program for the purpose of assisting recipients who are dually eligible for Medicare and Medicaid, and has sufficient authority to resolve barriers experienced by recipients to health care and long-term services and supports.
(e) The commission's office of the ombudsman, or other division of the commission designated by the executive commissioner to coordinate the network of entities responsible for providing support and information services under this section, must be sufficiently independent from other aspects of Medicaid managed care to represent the best interests of recipients in problem resolution.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Raymond offered the following amendment to SB 760:
Amend SB 760 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 48.002(a), Human Resources Code, is amended by adding Subdivision (11) to read as follows:
(11) "Home and community-based services" has the meaning assigned by Section 48.251.
SECTION ____. Section 48.002(b), Human Resources Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
(b) The definitions of "abuse," "neglect," [and] "exploitation," and "an individual receiving services" adopted by the executive commissioner as prescribed by Section 48.251(b) [48.251] apply to an investigation of abuse, neglect, or exploitation conducted under Subchapter F [or H].
SECTION ____. Section 48.003, Human Resources Code, is amended to read as follows:
Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES [HOMES], ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES. (a) Except as provided by Subsection (c), this [This] chapter does not apply if the alleged or suspected abuse, neglect, or exploitation occurs in a facility licensed under Chapter 242 or 247, Health and Safety Code.
(b) Alleged or suspected abuse, neglect, or exploitation that occurs in a facility licensed under Chapter 242 or 247, Health and Safety Code, is governed by Chapter 260A, Health and Safety Code, except as otherwise provided by Subsection (c).
(c) Subchapter F applies to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider of home and community-based services is or may be alleged to have committed the abuse, neglect, or exploitation, regardless of whether the facility in which those services were provided is licensed under Chapter 242 or 247, Health and Safety Code.
SECTION ____. Sections 48.051(a) and (b), Human Resources Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, are amended to read as follows:
(a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly person, a [or] person with a disability, or an individual receiving services from a provider as described by Subchapter F is in the state of abuse, neglect, or exploitation[, including a person with a disability who is receiving services as described by Section 48.252,] shall report the information required by Subsection (d) immediately to the department.
(b) If a person has cause to believe that an elderly person or a person with a disability, other than an individual [a person with a disability] receiving services from a provider as described by Subchapter F [Section 48.252], has been abused, neglected, or exploited in a facility operated, licensed, certified, or registered by a state agency, the person shall report the information to the state agency that operates, licenses, certifies, or registers the facility for investigation by that agency.
SECTION ____. Section 48.103, Human Resources Code, is amended by amending Subsection (a), as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, and adding Subsection (c) to read as follows:
(a) Except as otherwise provided by Subsection (c), on [On] determining after an investigation that an elderly person or a person with a disability has been abused, exploited, or neglected by an employee of a home and community support services agency licensed under Chapter 142, Health and Safety Code, the department shall:
(1) notify the state agency responsible for licensing the home and community support services agency of the department's determination;
(2) notify any health and human services agency, as defined by Section 531.001, Government Code, that contracts with the home and community support services agency for the delivery of health care services of the department's determination; and
(3) provide to the licensing state agency and any contracting health and human services agency access to the department's records or documents relating to the department's investigation.
(c) This section does not apply to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider, as defined by Section 48.251, is or may be alleged to have committed the abuse, neglect, or exploitation. An investigation described by this subsection is governed by Subchapter F.
SECTION ____. Section 48.151(e), Human Resources Code, is amended to read as follows:
(e) This section does not apply to investigations conducted under Subchapter F [or H].
SECTION ____. Section 48.201, Human Resources Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as otherwise provided, this subchapter does not apply to an investigation conducted under Subchapter F [or H].
SECTION ____. Subchapter F, Chapter 48, Human Resources Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
SUBCHAPTER F. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS [IN CERTAIN FACILITIES, COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES]
Sec. 48.251. DEFINITIONS. (a) In this subchapter:
(1) "Behavioral health services" means:
(A) mental health services, as defined by Section 531.002, Health and Safety Code; and
(B) interventions provided to treat chemical dependency, as defined by Section 461A.002, Health and Safety Code.
(2) "Community center" has the meaning assigned by Section 531.002, Health and Safety Code.
(3) "Facility" means:
(A) a facility listed in Section 532.001(b) or 532A.001(b), Health and Safety Code, including community services operated by the Department of State Health Services or Department of Aging and Disability Services, as described by those sections, or a person contracting with a health and human services agency to provide inpatient mental health services; and
(B) a facility licensed under Chapter 252, Health and Safety Code.
(4) "Health and human services agency" has the meaning assigned by Section 531.001, Government Code.
(5) "Home and community-based services" means services provided in the home or community in accordance with 42 U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section 1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by department rule.
(6) "Local intellectual and developmental disability authority" has the meaning assigned by Section 531.002, Health and Safety Code.
(7) "Local mental health authority" has the meaning assigned by Section 531.002, Health and Safety Code.
(8) "Managed care organization" has the meaning assigned by Section 533.001, Government Code.
(9) "Provider" means:
(A) a facility;
(B) a community center, local mental health authority, and local intellectual and developmental disability authority;
(C) a person who contracts with a health and human services agency or managed care organization to provide home and community-based services;
(D) a person who contracts with a Medicaid managed care organization to provide behavioral health services;
(E) a managed care organization;
(F) an officer, employee, agent, contractor, or subcontractor of a person or entity listed in Paragraphs (A)-(E); and
(G) an employee, fiscal agent, case manager, or service coordinator of an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code.
(b) The executive commissioner by rule shall adopt definitions of "abuse," "neglect," "exploitation," and "an individual receiving services" for purposes of this subchapter and ["exploitation" to govern] investigations conducted under this subchapter [and Subchapter H].
Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION BY PROVIDER [IN CERTAIN FACILITIES AND IN COMMUNITY CENTERS]. (a) The department shall receive and, except as provided by Subsection (b), shall investigate under this subchapter reports of the abuse, neglect, or exploitation of an individual [with a disability] receiving services if the person alleged or suspected to have committed the abuse, neglect, or exploitation is a provider[:
[(1)
in:
[(A)
a mental health facility operated by the Department of State Health Services; or
[(B)
a facility licensed under Chapter 252, Health and Safety Code;
[(2)
in or from a community center, a local mental health authority, or a local intellectual and developmental disability authority; or
[(3)
through a program providing services to that person by contract with a mental health facility operated by the Department of State Health Services, a community center, a local mental health authority, or a local intellectual and developmental disability authority].
(b) The department may not [shall receive and shall] investigate under this subchapter reports of [the] abuse, neglect, or exploitation alleged or suspected to have been committed by a provider that is operated, licensed, certified, or registered by a state agency that has authority under this chapter or other law to investigate reports of abuse, neglect, or exploitation of an individual by the provider. The department shall forward any report of abuse, neglect, or exploitation alleged or suspected to have been committed by a provider described by this subsection to the appropriate state agency for investigation [of an individual with a disability receiving services:
[(1)
in a state supported living center or the ICF-IID component of the Rio Grande State Center; or
[(2)
through a program providing services to that person by contract with a state supported living center or the ICF-IID component of the Rio Grande State Center].
(c) The department shall receive and investigate under this subchapter reports of abuse, neglect, or exploitation of an individual who lives in a residence that is owned, operated, or controlled by a provider who provides home and community-based services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, regardless of whether the individual is receiving services under that waiver program from the provider. [The executive commissioner by rule shall define who is "an individual with a disability receiving services."
[(d)
In this section, "community center," "local mental health authority," and "local intellectual and developmental disability authority" have the meanings assigned by Section 531.002, Health and Safety Code.]
Sec. 48.253. ACTION ON REPORT. (a) On receipt by the department of a report of alleged abuse, neglect, or exploitation under this subchapter, the department shall initiate a prompt and thorough investigation as needed to evaluate the accuracy of the report and to assess the need for emergency protective services, unless the department, in accordance with rules adopted under this subchapter, determines that the report:
(1) is frivolous or patently without a factual basis; or
(2) does not concern abuse, neglect, or exploitation.
(b) After receiving a report that alleges that a provider is or may be the person who committed the alleged abuse, neglect, or exploitation, the department shall notify the provider and the appropriate health and human services agency in accordance with rules adopted by the executive commissioner.
(c) The provider identified under Subsection (b) shall:
(1) cooperate completely with an investigation conducted under this subchapter; and
(2) provide the department complete access during an investigation to:
(A) all sites owned, operated, or controlled by the provider; and
(B) clients and client records.
(d) The executive commissioner shall adopt rules governing investigations conducted under this subchapter.
Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (a) The executive commissioner by rule shall establish procedures for the department to use to [In accordance with department rules, the department shall] forward a copy of the initial intake report and a copy of the completed provider investigation report relating to alleged or suspected abuse, neglect, or exploitation to the appropriate provider and health and human services agency [facility, community center, local mental health authority, local intellectual and developmental disability authority, or program providing mental health or intellectual disability services under contract with the facility, community center, or authority].
(b) The department shall redact from an initial intake report and from the copy of the completed provider investigation report any identifying information contained in the report relating to the person who reported the alleged or suspected abuse, neglect, or exploitation under Section 48.051.
(c) A provider that receives a completed investigation report under Subsection (a) shall forward the report to the managed care organization with which the provider contracts for services for the alleged victim.
Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER. (a) The executive commissioner [department, the Department of Aging and Disability Services, and the Department of State Health Services] shall adopt [develop] rules to:
(1) prioritize investigations conducted under this subchapter with the primary criterion being whether there is a risk that a delay in the investigation will impede the collection of evidence in that investigation;
(2) [facilitate investigations in state mental health facilities and state supported living centers.
[(b)
The executive commissioner by rule shall] establish procedures for resolving disagreements between the department and health and human services agencies [the Department of Aging and Disability Services or the Department of State Health Services] concerning the department's investigation findings; and
(3) provide for an appeals process by the department for the alleged victim of abuse, neglect, or exploitation.
(b) [(c)
The department, the Department of Aging and Disability Services, and the Department of State Health Services shall develop and propose to the executive commissioner rules to facilitate investigations in community centers, local mental health authorities, and local intellectual and developmental disability authorities.
[(c-1)
The executive commissioner shall adopt rules regarding investigations in a facility licensed under Chapter 252, Health and Safety Code, to ensure that those investigations are as consistent as practicable with other investigations conducted under this subchapter.
[(d)] A confirmed investigation finding by the department may not be changed by the administrator [a superintendent] of a [state mental health] facility, [by a director of a state supported living center, by a director of] a community center, [or by] a local mental health authority, or a local intellectual and developmental disability authority.
[(e)
The executive commissioner shall provide by rule for an appeals process by the alleged victim of abuse, neglect, or exploitation under this section.
[(f)
The executive commissioner by rule may assign priorities to an investigation conducted by the department under this section.
The primary criterion used by the executive commissioner in assigning a priority must be the risk that a delay in the investigation will impede the collection of evidence.]
Sec. 48.256. SHARING PROVIDER INFORMATION. (a) The executive commissioner shall adopt rules that prescribe the appropriate manner in which health and human services agencies and managed care organizations provide the department with information necessary to facilitate identification of individuals receiving services from providers and to facilitate notification of providers by the department.
(b) The executive commissioner shall adopt rules requiring a provider to provide information to the administering health and human services agency necessary to facilitate identification by the department of individuals receiving services from providers and to facilitate notification of providers by the department.
(c) A provider of home and community-based services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, shall post in a conspicuous location inside any residence owned, operated, or controlled by the provider in which home and community-based waiver services are provided, a sign that states:
(1) the name, address, and telephone number of the provider;
(2) the effective date of the provider's contract with the applicable health and human services agency to provide home and community-based services; and
(3) the name of the legal entity that contracted with the applicable health and human services agency to provide those services.
Sec. 48.257. RETALIATION PROHIBITED. (a) A provider of home and community-based services may not retaliate against a person for filing a report or providing information in good faith relating to the possible abuse, neglect, or exploitation of an individual receiving services.
(b) This section does not prohibit a provider of home and community-based services from terminating an employee for a reason other than retaliation.
Sec. 48.258. [SINGLE] TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS. (a) The health and human services agencies [department, the Department of Aging and Disability Services, and the Department of State Health Services] shall, at the direction of the executive commissioner, jointly develop and implement a [single] system to track reports and investigations under this subchapter.
(b) To facilitate implementation of the system, the health and human services agencies [department, the Department of Aging and Disability Services, and the Department of State Health Services] shall use appropriate methods of measuring the number and outcome of reports and investigations under this subchapter.
SECTION ____. Section 48.301, Human Resources Code, is amended by amending Subsection (a), as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, and adding Subsection (a-1) to read as follows:
(a) If the department receives a report of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability[, other than a person with a disability who is] receiving services [as described by Section
48.252,] in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to that agency.
(a-1) This subchapter does not apply to a report of suspected abuse, neglect, or exploitation of an individual receiving services from a provider as described by Subchapter F.
SECTION ____. Sections 48.401(1) and (3), Human Resources Code, are amended to read as follows:
(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health and Safety Code;
(B) a person exempt from licensing under Section 142.003(a)(19), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health and Safety Code; or
(D) a provider [an entity] investigated by the department under Subchapter F or under Section 261.404, Family Code.
(3) "Employee" means a person who:
(A) works for:
(i) an agency; or
(ii) an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code;
(B) provides personal care services, active treatment, or any other [personal] services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051, Government Code; and
(C) is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code.
SECTION ____. The heading to Section 261.404, Family Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN RECEIVING SERVICES FROM CERTAIN PROVIDERS [WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY].
SECTION ____. Section 261.404, Family Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by amending Subsections (a) and (b) and adding Subsections (a-1), (a-2), and (a-3) to read as follows:
(a) The department shall investigate a report of abuse, neglect, or exploitation of a child receiving services from a provider, as those terms are defined by Section 48.251, Human Resources Code, or as otherwise defined by rule. The department shall also investigate, under Subchapter F, Chapter 48, Human Resources Code, a report of abuse, neglect, or exploitation of a child receiving services from an officer, employee, agent, contractor, or subcontractor of a home and community support services agency licensed under Chapter 142, Health and Safety Code, if the officer, employee, agent, contractor, or subcontractor is or may be the person alleged to have committed the abuse, neglect, or exploitation[:
[(1)
in a facility operated by the Department of Aging and Disability Services or a mental health facility operated by the Department of State Health Services;
[(2)
in or from a community center, a local mental health authority, or a local intellectual and developmental disability authority;
[(3)
through a program providing services to that child by contract with a facility operated by the Department of Aging and Disability Services, a mental health facility operated by the Department of State Health Services, a community center, a local mental health authority, or a local intellectual and developmental disability authority;
[(4)
from a provider of home and community-based services who contracts with the Department of Aging and Disability Services; or
[(5)
in a facility licensed under Chapter 252, Health and Safety Code].
(a-1) For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, the department, in accordance with Subchapter E, Chapter 48, Human Resources Code, may provide emergency protective services necessary to immediately protect the child from serious physical harm or death and, if necessary, obtain an emergency order for protective services under Section 48.208, Human Resources Code.
(a-2) For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, regardless of whether the child is receiving services under that waiver program from the provider, the department shall provide protective services to the child in accordance with Subchapter E, Chapter 48, Human Resources Code.
(a-3) For purposes of this section, Subchapters E and F, Chapter 48, Human Resources Code, apply to an investigation of a child and to the provision of protective services to that child in the same manner those subchapters apply to an investigation of an elderly person or person with a disability and the provision of protective services to that person.
(b) The department shall investigate the report under rules developed by the executive commissioner [with the advice and assistance of the department, the Department of Aging and Disability Services, and the Department of State Health Services].
SECTION ____. Section 142.009(c), Health and Safety Code, is amended to read as follows:
(c) The department or its authorized representative shall investigate each complaint received regarding the provision of home health, hospice, or personal assistance services[, including any allegation of abuse, neglect, or exploitation of a child under the age of 18,] and may, as a part of the investigation:
(1) conduct an unannounced survey of a place of business, including an inspection of medical and personnel records, if the department has reasonable cause to believe that the place of business is in violation of this chapter or a rule adopted under this chapter;
(2) conduct an interview with a recipient of home health, hospice, or personal assistance services, which may be conducted in the recipient's home if the recipient consents;
(3) conduct an interview with a family member of a recipient of home health, hospice, or personal assistance services who is deceased or other person who may have knowledge of the care received by the deceased recipient of the home health, hospice, or personal assistance services; or
(4) interview a physician or other health care practitioner, including a member of the personnel of a home and community support services agency, who cares for a recipient of home health, hospice, or personal assistance services.
SECTION ____. Section 260A.002, Health and Safety Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding any other provision of this chapter, a report made under this section that a provider is or may be alleged to have committed abuse, neglect, or exploitation of a resident of a facility other than a prescribed pediatric extended care center shall be investigated by the Department of Family and Protective Services in accordance with Subchapter F, Chapter 48, Human Resources Code, and this chapter does not apply to that investigation. In this subsection, "facility" and "provider" have the meanings assigned by Section 48.251, Human Resources Code.
SECTION ____. The following are repealed:
(1) Section 261.404(f), Family Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015; and
(2) Subchapter H, Chapter 48, Human Resources Code.
Amendment No. 2 was adopted.
SB 760, as amended, was passed to third reading.
SB 1756 ON SECOND READING
(Phillips - House Sponsor)
SB 1756, A bill to be entitled An Act relating to agreements between the Department of Public Safety and counties for the provision of renewal and duplicate driver's license and other identification certificate services; authorizing a fee.
Amendment No. 1
Representative Dale offered the following amendment to SB 1756:
Amend SB 1756 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter M, Chapter 521, Transportation Code, is amended by adding Section 521.276 to read as follows:
Sec. 521.276. OFFICES FOR ISSUING CERTAIN LICENSES. (a) The department is not required to issue at all driver's license offices a license with an expiration date set under Section 521.271(a-2), (a-3), or (a-4), 521.2711(c), or 521.272(c)(2).
(b) The department may designate offices to issue a license described by Subsection (a).
Amendment No. 1 was adopted.
SB 1756, as amended, was passed to third reading.
CSSB 1512 ON SECOND READING
(Pickett - House Sponsor)
CSSB 1512, A bill to be entitled An Act relating to the Texas Department of Motor Vehicles fund.
CSSB 1512 was passed to third reading.
SB 46 ON SECOND READING
(Raymond - House Sponsor)
SB 46, A bill to be entitled An Act relating to the confidentiality of certain property tax appraisal photographs.
SB 1902 - HOUSE SPONSORS AUTHORIZED
On motion of Representative Herrero, Representatives S. Thompson, Leach, Murphy, Villalba, E. S. Turner, and Alonzo were authorized as house sponsors to SB 1902.
SB 130 - HOUSE SPONSOR AUTHORIZED
On motion of Representative Herrero, Representative Alonzo was authorized as a house sponsor to SB 130.
SB 46 - (consideration continued)
Amendment No. 1
Representative Springer offered the following amendment to SB 46:
Amend SB 46 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 25.027, Tax Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:
(b) This section does not apply to:
(1) an aerial photograph that depicts [five or] more than one separately owned building [buildings];
(2) a street level photograph of only the exterior of a building; or
(3) a field record or overhead sketch of the property that depicts only:
(A) the outline of one or more buildings on the property;
(B) the location of an interior wall in an outlined building located on the property that separates the main living area of the building from an ancillary space such as a garage, patio, or porch;
(C) the general landscape features of the property, including ponds, pools, and walls; and
(D) the dimensions of or distances between the buildings and features depicted.
Amendment No. 1 failed of adoption by (Record 1251): 45 Yeas, 96 Nays, 1 Present, not voting.
Yeas — Alonzo; Alvarado; Ashby; Burrows; Clardy; Davis, S.; Davis, Y.; Deshotel; Dutton; Farias; Frank; Guerra; Guillen; Herrero; Howard; Huberty; Hunter; Israel; Johnson; Kacal; Keffer; King, P.; King, T.; Klick; Kuempel; Martinez Fischer; McClendon; Meyer; Morrison; Murphy; Naishtat; Oliveira; Otto; Phillips; Pickett; Raney; Raymond; Romero; Rose; Sheffield; Springer; Stephenson; Thompson, S.; Vo; Walle.
Nays — Allen; Anchia; Anderson, C.; Anderson, R.; Aycock; Bell; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Elkins; Faircloth; Fallon; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Gutierrez; Harless; Hernandez; Hughes; Isaac; Keough; King, K.; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Lozano; Lucio; Márquez; Martinez; Metcalf; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Muñoz; Murr; Nevárez; Paddie; Parker; Paul; Peña; Phelan; Price; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Spitzer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Bernal; Coleman; Dukes; Longoria; Turner, C.
STATEMENTS OF VOTE
When Record No. 1251 was taken, I was shown voting yes. I intended to vote no.
Hunter
When Record No. 1251 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1251 was taken, I was in the house but away from my desk. I would have voted yes.
Longoria
When Record No. 1251 was taken, I was shown voting yes. I intended to vote no.
Meyer
SB 46 was passed to third reading.
SB 735 ON SECOND READING
(K. King - House Sponsor)
SB 735, A bill to be entitled An Act relating to discovery of evidence of the net worth of a defendant in connection with a claim for exemplary damages.
SB 735 - POINT OF ORDER
Representative Walle raised a point of order against further consideration of SB 735 under Rule 11, Section 2 and Rule 11, Section 3 of the House Rules and Article III, Section 30 of the Texas Constitution on the grounds that the committee substitute is not germane to the bill and the committee substitute would change the original purpose of the bill.
The speaker overruled the point of order and submitted the following statement:
Representative Walle raised a point of order against further consideration of SB 735 under three provisions: Article III, Section 30 of the Texas Constitution and Rule 11, Sections 2 and 3 of the House Rules, arguing that the senate committee substitute to the bill is not germane to the bill as introduced, such that the committee substitute impermissibly changed the original purpose of the bill. The point of order is respectfully overruled.
The chair recently sustained a point of order on HB 969, a bill which had identical language changes. 84 H.J. Reg. 3025 (2015) (Walle point of order on HB 969). In that case, the original purpose of the introduced version of the house bill was impermissibly changed by a house committee substitute. Because this was a violation of the House Rules, the point of order was sustained and the bill was returned to committee. Representative Walle argues that the logic behind the ruling on HB 969 should apply equally to the issue raised in SB 735.
Proponents of SB 735 agree that the language of SB 735, which initially was identical to the introduced version of HB 969, was amended in the senate such that it has now come to the house with the same language as the version of HB 969 that was determined to have impermissibly changed the original purpose of the bill. However, they emphasize that the impermissible change was done by senate substitute and passed by the senate. They rely on an earlier ruling of the chair, 83 H.J. Reg. 3109-3110 (2013) (Stickland point of order on SB 346), in which the chair declined to construe and compare the original purpose of an introduced version of a senate bill to the version that reached the house. In that point of order, a member argued that the bill violated the original purpose provision of Article III, Section 30 of the Texas Constitution. But there, as here, the senate bill had not changed since reaching the house. The chair explained that the point of order "invites the chair to construe the intended purpose of a senate bill and determine whether the senate's amendment to its own bill impermissibly changed the bill's purpose prior to its arrival in the house. The chair believes this function is best left to the senate's presiding officer, its members, and its parliamentarian." The ruling also expressed that the chair's determination not to rule was based "on the spirit of comity" between the chambers and that this restraint would be exercised only so long as the senate extends to the house the same courtesy. On the basis of this ruling, the chair respectfully overrules the point of order.
It is important to note that the chair's declining to rule on senate policy does not end the issue. A crucial part of the chair's rationale is that the passage of the bill through both chambers does not does not foreclose review of this bill's possible constitutional flaws by any party at any time in the courts. Recognizing that the enrolled bill doctrine does not apply to this constitutional question (because the matter is resolved simply by looking at the introduced version of the bill and the enrolled version) is paramount to understanding the limitation of this ruling. By contrast, determinations regarding whether a caption complies with the Texas Constitution are finally disposed of within this body. As a result, the chair, knowing there is no backstop, would likely rule on the sufficiency of captions on senate bills under the constitutional provision or house rules, but would not determine compliance with senate rules. Further, if the senate acted in violation of the Texas Constitution (such as attempting the first hearing of a bill in the last three days of session in violation of Article III, Section 37), the house would view this as a possibly unreviewable constitutional procedural issue and would rule on the issue. However, the constitutional issues on which the chair will rule are procedural and extremely limited in scope. As for more substantive constitutional questions, the chair will continue to exercise restraint and will rely on the availability of redress in the courts to remedy other constitutional infirmities.
Amendment No. 1
Representative Nevárez offered the following amendment to SB 735:
Amend SB 735 (house committee report) on page 1, line 16, by striking "likelihood" and substituting "probability".
Representative K. King moved to table Amendment No. 1.
The motion to table prevailed by (Record 1252): 92 Yeas, 50 Nays, 1 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; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; 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.; Dutton; Farias; Farrar; 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; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Simpson; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Deshotel; Dukes; Keffer; Murphy.
STATEMENTS OF VOTE
When Record No. 1252 was taken, I was in the house but away from my desk. I would have voted no.
Deshotel
When Record No. 1252 was taken, I was in the house but away from my desk. I would have voted yes.
Keffer
When Record No. 1252 was taken, my vote failed to register. I would have voted yes.
Murphy
Amendment No. 2
Representative Nevárez offered the following amendment to SB 735:
Amend SB 735 (house committee report) on page 1, lines 16 and 17 by striking "claimant has demonstrated a substantial likelihood of success on" and substitute "evidence presented in support of the motion rises to a level that would enable reasonable and fair-minded people to differ in their conclusions as to".
Representative K. King moved to table Amendment No. 2.
The motion to table prevailed by (Record 1253): 94 Yeas, 51 Nays, 1 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; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; 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; Smith; 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; 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; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Simpson; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Dukes.
Amendment No. 3
Representative Clardy offered the following amendment to SB 735:
Amend SB 735 (house committee printing) on page 2, between lines 4 and 5, by inserting the following appropriately lettered subsection:
( ) If a party requests net worth discovery under this section, the court shall presume that the requesting party has had adequate time for the discovery of facts relating to exemplary damages for purposes of allowing the party from whom net worth discovery is sought to move for summary judgment on the requesting party's claim for exemplary damages under Rule 166a(i), Texas Rules of Civil Procedure.
Amendment No. 3 was adopted.
SB 735 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE CLARDY: There were a couple of amendments offered a while ago with some concern about substantial likelihood and what that standard means under Texas law. There were a number of authorities, I think, that you and I discussed. One is that substantial likelihood is not intended to be the same as the clear and convincing standard, is that right?
REPRESENTATIVE K. KING: That's correct.
CLARDY: And likewise, in the clear and convincing standard that's what's required for the plaintiff's burden on the ultimate issue for gross negligence and exemplary damages. So for discovery standard, you are not expecting that to be as high as the ultimate burden of clear and convincing, correct?
K. KING: That's my understanding.
CLARDY: And likewise, the substantial likelihood is less than a likelihood standard, which means that it will be more likely than not---or a preponderant standard. Is that also your intent?
K. KING: Correct.
CLARDY: And it's your intention, Mr. King, that for the burden that the plaintiff to be entitled to net worth discovery, it's only necessary that the claimant present a prima facie case, but not to demonstrate that he is certain to win. Is that right?
K. KING: That's correct.
CLARDY: So in other words, Mr. King, it's enough if the claimant has raised questions on the merits to make them fair ground for more deliberative investigation. That is the intention and the standard you seek in this bill?
K. KING: Yes.
REMARKS ORDERED PRINTED
Representative Clardy moved to print remarks between Representative K. King and Representative Clardy.
The motion prevailed.
SB 735, as amended, was passed to third reading by (Record 1254): 97 Yeas, 46 Nays, 1 Present, not voting.
Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; 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; 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; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Rodriguez, E.; Rodriguez, J.; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Cook; Dukes; Romero.
STATEMENT OF VOTE
When Record No. 1254 was taken, I was in the house but away from my desk. I would have voted yes.
Cook
(Kacal in the chair)
COMMITTEE GRANTED PERMISSION TO MEET
Representative Herrero requested permission for the Committee on Criminal Jurisprudence to meet while the house is in session, at 12:40 p.m. today, in 3W.15, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Criminal Jurisprudence, 12:40 p.m. today, 3W.15, for a formal meeting, to consider pending business.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 757 ON SECOND READING
(Springer - House Sponsor)
SB 757, A bill to be entitled An Act relating to the repeal of the production taxes on crude petroleum and sulphur.
SB 757 was read second time earlier today and was postponed until this time.
Representative Sheets moved to postpone consideration of SB 757 until 1 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
CSSB 239 ON SECOND READING
(Zerwas and Coleman - House Sponsors)
CSSB 239, A bill to be entitled An Act relating to student loan repayment assistance for certain mental health professionals.
CSSB 239 was passed to third reading by (Record 1255): 89 Yeas, 52 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Bonnen, G.; Burkett; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Farney; Farrar; Frullo; Galindo; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Johnson; King, K.; King, T.; Klick; Koop; Kuempel; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Peña; Pickett; Price; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheets; Sheffield; Simmons; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wu; Zerwas.
Nays — Anderson, R.; Bell; Bohac; Bonnen, D.; Burns; Burrows; Button; Cyrier; Dale; Elkins; Faircloth; Fallon; Fletcher; Flynn; Frank; Geren; Harless; Hunter; Isaac; Keffer; Keough; King, P.; Krause; Landgraf; Laubenberg; Leach; Metcalf; Murphy; Otto; Paul; Phelan; Phillips; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Kacal(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent — Coleman; Dukes; Farias; Raney.
STATEMENTS OF VOTE
When Record No. 1255 was taken, I was shown voting yes. I intended to vote no.
Capriglione
When Record No. 1255 was taken, I was shown voting yes. I intended to vote no.
Craddick
When Record No. 1255 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1255 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 1255 was taken, I was in the house but away from my desk. I would have voted yes.
Raney
When Record No. 1255 was taken, I was shown voting no. I intended to vote yes.
Workman
PROVIDING FOR AN ADDENDUM TO
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
On motion of Representative S. Thompson and by unanimous consent, the Committee on Local and Consent Calendars was granted permission to add HCR 122, SB 287, SB 306, SB 432, SB 478, SB 512, SB 536, SB 565, SB 569, SB 610, SB 681, SB 791, SB 991, SB 1202, SB 1267, SB 1304, SB 1305, SB 1315, SB 1316, SB 1341, SB 1358, SB 1455, SB 1457, SB 1461, SB 1463, SB 1641, SB 1716, SB 1725, SB 1882, SB 1918, and SCR 39 in an addendum to the local, consent, and resolutions calendar set for 9 a.m. tomorrow.
COMMITTEE GRANTED PERMISSION TO MEET
Representative S. Thompson requested permission for the Committee on Local and Consent Calendars to meet while the house is in session, at 1 p.m. today, in 3W.15, to consider an addendum to the local, consent, and resolutions calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Local and Consent Calendars, 1 p.m. today, 3W.15, for a formal meeting, to consider an addendum to the local, consent, and resolutions calendar.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on Criminal Jurisprudence:
Leach on motion of Schaefer.
Simpson on motion of Schaefer.
SB 664 ON SECOND READING
(Sheets - House Sponsor)
SB 664, A bill to be entitled An Act relating to employment termination for falsification of military record in obtaining employment or employment benefits.
(Keffer in the chair)
SB 664 was passed to third reading.
SB 849 ON SECOND READING
(Elkins - House Sponsor)
SB 849, A bill to be entitled An Act relating to access to and fees associated with binding arbitration of appraisal review board orders.
SB 849 was passed to third reading.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on Local and Consent Calendars:
Capriglione on motion of Hughes.
Dale on motion of Hughes.
Gonzales on motion of Hughes.
Sheets on motion of R. Anderson.
CSSB 1139 ON SECOND READING
(Smithee - House Sponsor)
CSSB 1139, A bill to be entitled An Act relating to the operation and administration of and practice in courts in the judicial branch of state government, the composition of certain juvenile boards, and the increase of certain filing fees.
Representative Lucio moved to postpone consideration of CSSB 1139 until 3 p.m. today.
The motion prevailed.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on Local and Consent Calendars:
Burkett on motion of Hughes.
SB 1356 ON SECOND READING
(Darby - House Sponsor)
SB 1356, A bill to be entitled An Act relating to exemption from the sales tax for certain water-efficient products for a limited period.
SB 1356 - HOUSE SPONSOR AUTHORIZED
On motion of Representative D. Bonnen, Representative Howard was authorized as a house sponsor to SB 1356.
Amendment No. 1
Representative Darby offered the following amendment to SB 1356:
Amend SB 1356 (house committee printing) as follows:
(1) On page 1, line 8, strike "section," and substitute the following:
section:
(1) "Water-conserving product":
(A) means tangible personal property that:
(i) is used on private residential property and is not used for business or trade; and
(ii) when used or planted in an outdoor residential property, may result in:
(a) water conservation or groundwater retention;
(b) water table recharge; or
(c) a decrease in ambient air temperature that limits water evaporation; and
(B) includes:
(i) a soaker or drip-irrigation hose;
(ii) a moisture control for a sprinkler or irrigation system;
(iii) mulch;
(iv) a rain barrel or an alternative rain and moisture collection system; and
(v) a permeable ground cover surface that allows water to reach underground basins, aquifers, or water collection points.
(2) On page 1, line 12, between "a" and "WaterSense", insert "water-conserving product or".
Amendment No. 1 was adopted.
SB 1356, as amended, was passed to third reading. (Rinaldi recorded voting no.)
SB 917 ON SECOND READING
(K. King - House Sponsor)
SB 917, A bill to be entitled An Act relating to the applicability of the Texas Mass Gatherings Act to certain horse and greyhound races.
SB 917 was passed to third reading by (Record 1256): 78 Yeas, 54 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Bernal; Blanco; Canales; Clardy; Collier; Craddick; Crownover; Darby; Davis, S.; Deshotel; Dutton; Farney; Farrar; Frullo; Galindo; Geren; Giddings; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Howard; Huberty; Israel; Johnson; Kacal; King, K.; King, P.; King, T.; Koop; Kuempel; Larson; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Miller, D.; Minjarez; Moody; Morrison; Muñoz; Naishtat; Nevárez; Oliveira; Peña; Phillips; Pickett; Price; Raney; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Sheffield; Smith; Stephenson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Wu; Zerwas.
Nays — Anderson, R.; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Cook; Cyrier; Elkins; Faircloth; Fallon; Fletcher; Flynn; Frank; Goldman; Hughes; Hunter; Isaac; Keough; Klick; Krause; Landgraf; Laubenberg; Metcalf; Meyer; Miller, R.; Murphy; Murr; Otto; Paddie; Parker; Paul; Phelan; Riddle; Rinaldi; Sanford; Schaefer; Schubert; Shaheen; Simmons; Spitzer; Springer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, J.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent, Excused, Committee Meeting — Burkett; Capriglione; Dale; Gonzales; Leach; Sheets; Simpson.
Absent — Coleman; Davis, Y.; Dukes; Farias; Herrero; Walle.
STATEMENTS OF VOTE
When Record No. 1256 was taken, I was shown voting no. I intended to vote yes.
Cook
When Record No. 1256 was taken, I was excused to attend a committee meeting. I would have voted no.
Dale
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Harless
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
P. King
When Record No. 1256 was taken, I was excused to attend a committee meeting. I would have voted no.
Leach
When Record No. 1256 was taken, I was shown voting yes. I intended to vote no.
Villalba
CSSB 582 ON SECOND READING
(Harless - House Sponsor)
CSSB 582, A bill to be entitled An Act relating to training courses for certain food handlers.
CSSB 582 was passed to third reading.
SB 1301 ON SECOND READING
(Lucio - House Sponsor)
SB 1301, A bill to be entitled An Act relating to the governance and administration of the Texas Water Resources Finance Authority.
Amendment No. 1
Representative Larson offered the following amendment to SB 1301:
Amend SB 1301 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 20.001, Water Code, is amended by adding Subsection (d) to read as follows:
(d) This subsection expires January 1, 2018. The legislature finds that the growing water needs of this state require substantial financial commitments and that the authority is the proper body to coordinate with the development board and the legislature to conduct a study that:
(1) evaluates efficient and economical methods available to convey water from one location to another; and
(2) describes ways to improve the efficient use of water using an integrated network of both natural and constructed water conveyance infrastructure.
SECTION ____. Subchapter C, Chapter 20, Water Code, is amended by adding Section 20.046 to read as follows:
Sec. 20.046. STUDY. (a) The authority shall coordinate with the development board and the members of the legislature described by Subsection (b) to conduct a study of:
(1) statewide and regional water markets; and
(2) 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 this state.
(b) The lieutenant governor and the speaker of the house of representatives each shall appoint two members from the legislative committees having jurisdiction over water to participate in conducting the study, including participating in any hearing or meeting related to the study.
(c) The authority and the development board shall allow and consider public comment on the issues covered by the study.
(d) Not later than December 1, 2017, the authority and the development board shall submit a final report on the study to the legislature.
(e) This section expires January 1, 2018.
Amendment No. 1 was adopted by (Record 1257): 108 Yeas, 24 Nays, 2 Present, not voting. (The vote was reconsidered later today, and SB 1301 was postponed. Amendment No. 1 was withdrawn on May 22.)
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Bernal; Blanco; Bohac; Bonnen, D.; Burrows; Button; Canales; Coleman; Collier; Cook; Craddick; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Isaac; Israel; Johnson; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Parker; Paul; Peña; Phillips; Pickett; Price; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smith; Spitzer; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wu; Zerwas.
Nays — Anderson, R.; Aycock; Bonnen, G.; Burns; Clardy; Cyrier; Goldman; Hughes; Keough; Krause; Metcalf; Murr; Otto; Paddie; Phelan; Rinaldi; Schaefer; Stickland; Thompson, E.; Tinderholt; White, J.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — King, S.; Reynolds; Smithee.
Absent, Excused, Committee Meeting — Burkett; Capriglione; Dale; Gonzales; Leach; Sheets; Simpson.
Absent — Ashby; Bell; Dukes; McClendon; Raney; Turner, E.S.
STATEMENTS OF VOTE
When Record No. 1257 was taken, I was in the house but away from my desk. I would have voted no.
Ashby
When Record No. 1257 was taken, my vote failed to register. I would have voted no.
Bell
When Record No. 1257 was taken, I was excused to attend a committee meeting. I would have voted yes.
Dale
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Guillen
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Kacal
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
T. King
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Laubenberg
When Record No. 1257 was taken, I was excused to attend a committee meeting. I would have voted no.
Leach
When Record No. 1257 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Schubert
When Record No. 1257 was taken, I was shown voting yes. I intended to vote no.
Springer
When Record No. 1257 was taken, my vote failed to register. I would have voted no.
E. S. Turner
(Smithee now present)
SB 1301, as amended, was passed to third reading. (The vote was reconsidered later today, and SB 1301 was postponed until 3 p.m. today. SB 1301 was laid out as postponed business on May 22, Amendment No. 1 was withdrawn, and SB 1301 was passed to third reading.)
CSSB 1189 ON SECOND READING
(Zerwas - House Sponsor)
CSSB 1189, A bill to be entitled An Act relating to the establishment of a multidisciplinary studies associate degree program at each public junior college.
CSSB 1189 was passed to third reading.
SB 761 ON SECOND READING
(Murphy - House Sponsor)
SB 761, A bill to be entitled An Act relating to the taxation of fireworks.
SB 761 was passed to third reading by (Record 1258): 128 Yeas, 6 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Canales; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; 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; Isaac; Israel; Johnson; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Blanco; Dutton; Miles; Murr; Naishtat; Rodriguez, E.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — King, S.; Reynolds.
Absent, Excused, Committee Meeting — Burkett; Capriglione; Dale; Gonzales; Leach; Sheets; Simpson.
Absent — Bell; Dukes; McClendon; Stephenson; Walle.
STATEMENTS OF VOTE
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted yes.
Bell
When Record No. 1258 was taken, I was excused to attend a committee meeting. I would have voted yes.
Dale
When Record No. 1258 was taken, I was shown voting yes. I intended to vote no.
Y. Davis
When Record No. 1258 was taken, I was excused to attend a committee meeting. I would have voted yes.
Leach
When Record No. 1258 was taken, I was in the house but away from my desk. I would have voted yes.
McClendon
When Record No. 1258 was taken, I was shown voting no. I intended to vote yes.
Naishtat
SB 1750 ON SECOND READING
(Murphy - House Sponsor)
SB 1750, A bill to be entitled An Act relating to the requirements for employment positions provided through the Texas college work-study program.
Amendment No. 1
Representative Murphy offered the following amendment to SB 1750:
Amend SB 1750 (house committee printing) as follows:
(1) On page 2, strike lines 3 through 6 and substitute the following:
(b) Each eligible institution shall ensure that a certain percentage of the employment positions provided through the work-study program in an academic year are provided by employers eligible under this section who are providing employment located off campus in accordance with the following:
(1) for an institution located in a municipality with a population of one million or more, 50 percent;
(2) for an institution located in a municipality with a population of 200,000 or more that is adjacent to a municipality with a population of one million or more, 40 percent;
(3) for an institution located in a municipality with a population of less than 100,000, 10 percent; or
(4) for an institution not described by Subdivision (1), (2), or (3), 25 percent.
(c) A portion of the appropriations for the work-study program allocated to an eligible institution for an academic year equal to the applicable percentage of the institution's work-study program employment positions that are required by Subsection (b) to be provided off campus in that academic year may be used only to fund employment positions located off campus.
(d) An eligible institution that fails to comply with the applicable requirement under Subsection (b) for two consecutive academic years shall submit an annual report to the Texas Higher Education Coordinating Board until the institution comes into compliance with that subsection. The report must include the following information for the most recent academic year for which the information is available:
(1) the number of students enrolled at the institution who are employed through the work-study program, disaggregated by the employment position's location on or off campus;
(2) the percentage of the appropriations allocated to the institution for the work-study program that was used to fund employment positions provided through the program, disaggregated by the employer's status as a for-profit or nonprofit entity;
(3) the reason the institution was unable to meet the applicable percentage of off-campus employment positions required under Subsection (b); and
(4) any other information the institution considers relevant.
(2) On page 2, strike lines 17 through 19.
(3) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 56.080, Education Code, is amended to read as follows:
Sec. 56.080. ONLINE LIST OF WORK-STUDY EMPLOYMENT OPPORTUNITIES. Each institution of higher education shall:
(1) establish and maintain an online list of work-study employment opportunities, sorted by department as appropriate, available to students on or off the institution's campus; and
(2) ensure that the list is easily accessible to the public through a clearly identifiable link that appears in a prominent place on the financial aid page of the institution's Internet website.
SECTION ____. Subchapter E, Chapter 56, Education Code, is amended by adding Section 56.082 to read as follows:
Sec. 56.082. BIENNIAL REPORT. Not later than January 1 of each odd-numbered year, the Texas Higher Education Coordinating Board shall submit to the standing legislative committees with primary jurisdiction over higher education and post on the coordinating board's Internet website a report on the Texas college work-study program. The report must include:
(1) the total number of students employed through the program, disaggregated by:
(A) the employment position's location on or off campus; and
(B) the employer's status as a for-profit or nonprofit entity;
(2) a list of the eligible institutions in compliance with the applicable requirement under Section 56.076(b); and
(3) a copy of each report required to be submitted to the coordinating board under Section 56.076(d).
SECTION ____. (a) The changes in law made by this Act to Sections 56.076, 56.079, and 56.080, Education Code, apply to participation in the Texas college work-study program beginning with the 2017-2018 academic year.
(b) Not later than January 1, 2019, the Texas Higher Education Coordinating Board shall submit its initial report required by Section 56.082, Education Code, as added by this Act.
(Leach and Simpson now present)
Amendment No. 1 was adopted by (Record 1259): 97 Yeas, 38 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Ashby; Bell; Bernal; Bohac; Bonnen, G.; Burns; Burrows; Clardy; Coleman; Cook; Cyrier; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Giddings; Goldman; Guerra; Guillen; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; King, K.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Muñoz; Murphy; Murr; Naishtat; Oliveira; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Romero; Rose; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, S.; Vo; Walle; White, J.; Workman; Wray; Zedler.
Nays — Anchia; Anderson, R.; Aycock; Blanco; Bonnen, D.; Button; Canales; Collier; Craddick; Crownover; Darby; Davis, S.; Dutton; Farias; Farrar; Geren; González; Gutierrez; Keough; Krause; Longoria; Lucio; Márquez; Martinez; Metcalf; Moody; Nevárez; Otto; Phelan; Rodriguez, J.; Sanford; Simpson; Stickland; Turner, C.; Villalba; White, M.; Wu; Zerwas.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — King, S.; Reynolds.
Absent, Excused, Committee Meeting — Burkett; Capriglione; Dale; Gonzales; Sheets.
Absent — Dukes; Hernandez; King, P.; Morrison; Turner, E.S.; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1259 was taken, I was excused to attend a committee meeting. I would have voted yes.
Dale
When Record No. 1259 was taken, I was in the house but away from my desk. I would have voted no.
Hernandez
When Record No. 1259 was taken, I was in the house but away from my desk. I would have voted yes.
E. S. Turner
SB 1750, as amended, was passed to third reading.
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).
SB 1589 ON SECOND READING
(Guillen - House Sponsor)
SB 1589, A bill to be entitled An Act relating to requirements for reporting unclaimed mineral proceeds to the comptroller of public accounts.
SB 1589 was passed to third reading.
(Capriglione, Dale, and Gonzales now present)
SB 2065 ON SECOND READING
(Sanford, Cook, Geren, Harless, Farney, et al. - House Sponsors)
SB 2065, A bill to be entitled An Act relating to the rights of certain religious organizations and individuals relating to a marriage that violates a sincerely held religious belief.
SB 2065 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE CANALES: I understand the purpose of your bill, I just---and I can't tell you I'm either for or against, so that's the nature of me asking some questions. In what instance has anybody forced somebody to marry anybody that you know of? I don't want my pastor or priest or anybody to be forced to marry anybody, so me and you are in agreement on that. I just want to know in what instance has it happened.
REPRESENTATIVE SANFORD: There have been some instances in other states where clergy were indicted and prosecuted for refusal.
CANALES: Can you give me some examples?
SANFORD: I've got a couple of examples from other states.
CANALES: And they were indicted?
SANFORD: In New Jersey, we had a camp association that refused to have a civil union on their grounds and that ended up in a long protracted legal battle. Then in Idaho, we had some ministers---
CANALES: Let's stop with the first one. That wasn't an indictment, that was a civil suit.
SANFORD: Perhaps that's correct.
CANALES: And what was the result of that civil suit?
SANFORD: I don't know the result, I am not advised.
CANALES: No problem.
SANFORD: And, also in Idaho, we had another example of ministers who were facing time in jail and fines for days that they declined a ceremony.
CANALES: They faced time in jail for not marrying?
SANFORD: For refusing to marry---
CANALES: For refusing to marry who? A man and a woman? A man and a man? A woman and a woman?
SANFORD: That would be---they refused to marry a same-sex couple.
CANALES: And did they actually go to prison? What was the result of those cases?
SANFORD: I'm not advised.
CANALES: So do you have any examples where somebody was actually charged with a crime and they went to prison or were actually forced to marry somebody?
SANFORD: Well, this bill is certainly not about prosecution to prison. This bill is about protecting religious liberties.
CANALES: I understand, but we are trying to prevent that. We're trying to prevent somebody from being liable; criminally, civilly. Like I said, I'm in agreement with you. I don't think you should be able to force a priest---a pastor or somebody---to marry somebody they don't want to marry, so me and you are on the same page. I want you to understand that. But my question becomes---and I'm just trying to understand the bill---where has this happened?
SANFORD: Well, this is something that when you look down the road you see the legal and cultural environment changing. And you see that the Texas Constitution itself saw that those things would happen, and could happen, and told the legislature, in the constitution, that we should pass every law that is necessary to protect the religious denominations and further freedoms.
CANALES: Once again, we're in agreement. I don't think you should be able to force somebody to marry anybody, but there's no---right now, as it stands, between you and I, and what your information is, you don't know of anybody that's been prosecuted. You don't know of anybody that's been held civilly liable. You don't know of anybody that's actually had any repercussions for denying somebody---
SANFORD: Representative Canales, I would certainly say there are repercussions that pastors are experiencing today. They came in droves to the Capitol to testify for this bill because they sense a need for it. They're receiving phone calls asking about will those churches provide marriages? We had five pastors in Houston who were subpoenaed, and government officials ended up in their churches, searching their records; when they could get all these records freely on the Internet. But government officials, through threats and intimidation, were in their churches trying to subpoena their records, which were freely available.
CANALES: Is this the hearing where some of the pastors came and they didn't want to actually take any notes or anything like that because they were afraid they might have been subpoenaed?
SANFORD: I believe we had some thoughts and urgent testimony in committee about that.
CANALES: Well, I appreciate you answering my questions, but I guess the bottom line is there is no real---nobody's actually been prosecuted or forced to do this, as of yet, that you know of.
SANFORD: Well, to the pastors it's a real clear and present danger.
CANALES: I'm not saying it's not real. I'm asking you---nobody's been prosecuted or forced to marry anybody to date that you know of?
SANFORD: Well, I had a couple of examples for you.
CANALES: But in those examples nobody was forced to marry anybody.
SANFORD: Well, they were intimidated and suit was brought against them for that refusal.
REMARKS ORDERED PRINTED
Representative Canales moved to print remarks between Representative Sanford and Representative Canales.
The motion prevailed.
REPRESENTATIVE S. TURNER: I just have some questions just for legislative intent purposes. Currently, DPS policy is that issuing a driver's license to someone in their married name is a recognition of their marriage and will not issue driver's licenses to people whose marriage the state does not recognize. If a clergyperson is also employed at DPS and their religious belief is that recognizing a marriage between people---let's say, of different races is against their religion---under your bill, would they be able to refuse to issue a driver's license in the married name of a person in an interracial marriage?
SANFORD: This bill is simply about the protection of pastors, clergy, and churches upon the refusal to marry someone in violation of their sincerely held religious beliefs. That's all this bill does.
S. TURNER: Again, for legislative intent purposes, if their religious belief was that people of different faiths should not marry, would they be able to refuse to issue a driver's license in the married name of a person in an interfaith marriage? Again, if this person is employed by DPS?
SANFORD: Representative Turner, this bill simply protects pastors, clergy, churches, and religious organizations upon the refusal to marry based upon their sincerely held religious beliefs.
S. TURNER: And if their religious belief was that people who have been divorced shouldn't remarry, would they be able to refuse to issue a driver's license in the married name of a person who had divorced and remarried? Same response?
SANFORD: Yes, sir. Same response.
S. TURNER: And if their religious belief was that two people of the same sex shouldn't marry, would they be able to refuse to issue a driver's license in the married name of a person in a same sex marriage? Is that the same response?
SANFORD: Same response.
S. TURNER: Would this bill allow a justice of the peace, who was also a clergyperson, to refuse to perform a civil wedding in their capacity as a JP in the same categories that I've listed above?
SANFORD: That is not my understanding, no. I believe state and federal law provide protection against religious discrimination against government employees such as justices of the peace.
S. TURNER: Under current law, a church can refuse to rent their sanctuary for a wedding for any reason they see fit. Is that the intent of your bill to preserve that right that churches currently have?
SANFORD: That would be a portion of the purpose of this bill.
S. TURNER: So under your bill, a church continues to have the right to refuse to rent their sanctuary for any reason. Whether it's for people of different faith, whether it's people who are divorced, if their religious beliefs are opposed to that---whether it be for reasons of same-sex weddings---if the same rights that currently exist those are the rights in the intent of your bill to preserve?
SANFORD: Yes, sir. I'd just like to clarify that it's not just a sanctuary, it would be their entire facility.
S. TURNER: And likewise under your bill, a church would continue to have the right to refuse to rent their sanctuary for a wedding conducted by outside persons who believe a marriage is only between, for example, a man and a woman, if that church disagrees with that belief. Is that right?
SANFORD: Could you restate that please, sir?
S. TURNER: Likewise under your bill, a church would continue to have the right to refuse to rent their sanctuary for a wedding conducted by an outside clergyperson who believes that a marriage is only between a man and a woman?
SANFORD: Yes, sir. That would be correct. And with the same proviso that it would be for their entire facility not just their sanctuary.
S. TURNER: So I just want to clarify that what you're trying to do here is to make certain that the government cannot force a church to perform a wedding that the church does not want to, as it exists under current law? Is that your understanding of the bill?
SANFORD: That is a portion of the purpose of this bill. Yes, sir.
S. TURNER: And all this is doing is affirming the constitutional concept of the separation of church and state?
SANFORD: I believe that this bill is about---the purpose is to protect pastors, and churches, and clergy, and religious organizations who refuse to marry based upon their sincerely held religious beliefs.
REMARKS ORDERED PRINTED
Representative S. Turner moved to print remarks between Representative Sanford and Representative S. Turner.
The motion prevailed.
Amendment No. 1
Representative Howard offered the following amendment to SB 2065:
Amend SB 2065 (house committee report) on page 2, between lines 3 and 4, by inserting the following appropriately numbered section to proposed Subchapter G, Chapter 2, Family Code:
Sec. 2.____. RELIGIOUS ORGANIZATION AUTONOMY PROTECTED. This subchapter does not create a cause of action. A court shall defer to the highest ecclesiastical authority of the relevant religious organization on all ecclesiastical matters.
(Burkett and Sheets now present)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Crownover on motion of Zerwas.
SB 2065 - (consideration continued)
Representative Sanford moved to table Amendment No. 1.
The motion to table prevailed by (Record 1260): 96 Yeas, 47 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; Cyrier; Dale; Darby; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Moody; 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, S.; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Minjarez; Muñoz; Naishtat; Nevárez; Oliveira; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Dukes; Miles.
SB 2065 - REMARKS
REPRESENTATIVE ISRAEL: From time to time, this body sees fit to reiterate what is already in the United States Constitution. Yesterday, we passed a resolution in support of hunting and fishing, which is also in the United States Constitution. I was raised in the Catholic Church, which taught me to love everyone and respect everyone. I see this item as a reiteration of what is our constitutional amendment. I do not want to go against that. I support our pastors and our preachers. The unstated here is the LGBT community, and let me reassure those pastors out there who---some fine day my partner and I are going to be able to get married in the great State of Texas. The Supreme Court, hopefully, will take care of that issue for us. When that day comes, rest assured, to those pastors and preachers who will take a more literal interpretation of the Bible, that my partner and I of 20 years will not be going to them to bless our union. I will be going to someone who loves and respects us for who we are and the way in which we have taken care of one another. So if we see this issue as a reiteration of our constitutional---of what is in the United States Constitution, which is a respectful religion, this Roman Catholic urges you to vote yes.
REPRESENTATIVE ANCHIA: I, too, rise on this bill, and I'm so glad that Representative Israel witnessed---as we often do in our faiths---she witnessed her personal story. As a lawyer, I want to walk this body briefly through over 100 years of jurisprudence in a very important document called our U.S. Constitution. In that constitution---the First Amendment---there's a thing called the free exercise clause, which says Congress shall make no law respecting the establishment of religion---and this is the important part folks---or prohibiting the free exercise thereof. In 1878, the U.S. Supreme Court actually spoke to this issue for the first time in Reynolds v. United States where they said in their opinion on page 162, Congress cannot pass a law for the government of the territory which shall prohibit the free exercise of religion. The First Amendment to the constitution expressly forbids such legislation. It's also important to note, members, that in our state law, we have protections for our pastors already. And in Section 110.003, entitled Religious Freedom Protected, the Civil Practice and Remedies Code says a government agency may not substantially burden a person's free exercise of religion. So, members, whether we're talking about state law or our U.S. Constitution, I'm glad that we are affirming those preexisting precepts.
Members, we're also affirming the fact that gay people get married in our churches in the State of Texas every day. Today, there will be a gay marriage in Texas in an open and affirming church. Tomorrow, there will be a gay marriage in Texas in an open and affirming church all over this state. I am so pleased, that we are affirming that, as well. That is going on today, it's going to happen tomorrow---but in churches, because we are respecting this free exercise, gay people, people of the same gender, my constituents in loving relationships and loving families who want to commit themselves to each other under the god of their choice are getting married in Texas today. I'm so pleased that this bill that we're passing is going to continue to allow that. Thank you for joining me in supporting this legislation.
REPRESENTATIVE RAYMOND: Scott Sanford is a great guy. I don't question his heart; he's got a great heart. Let me tell you, I am Catholic. I grew up in the Catholic Church. I was an altar boy, I got married in the Catholic Church---to a woman---in the Catholic Church, and I respect what you're trying to address here. What happened in Houston was wrong in my opinion. It was wrong what happened in Houston. But let me tell you also, members, that what we're, in large part, talking about is the discomfort that so many have---in this chamber, I think, and others outside the chamber---with gay marriage. But time changes things, members. Time changes things.
In 2010, former First Lady Laura Bush got on a national TV show, the Larry King show, and said that she supported gay marriage. And she said she understood those who were not comfortable with it. And in her words, she said I think it's a generational thing, but I think with time, she said, more people would accept it. In 2013, former President George H. W. Bush and former First Lady Barbara Bush stood and wanted to be the official witnesses at a marriage between two women. In 2013---I think you all have heard of Dick Cheney. I think most of you republicans like Dick Cheney. I didn't think he was a very good president, but, hey, we can disagree. You know, Dick Cheney supports gay marriage. He has a gay daughter. He loves his daughter. He understands that in a way that many of us cannot if we don't have someone that close to us who's gay. So I respect the differences, but I do believe with time---just like Laura Bush said, just like Dick Cheney has said, just like George H. W. and Barbara Bush have said---with time, I think that our society will understand that when two adults love each other, two children of God love each other, they should have the right to marry. And I don't know what'll happen in the United States Supreme Court in June, but eventually I do believe that this country will accept that when two people love each other, they should have the right to marry.
REPRESENTATIVE GONZÁLEZ: I don't believe that any Texan should ever face discrimination. I don't believe that our religious leaders should face discrimination. And I don't believe LGBT Texans should face discrimination. Someone asked me that if I voted for the bill, would that mean that I'm allowing discrimination. I said, no, in fact, I'm fighting discrimination. The biggest argument that I have with people when we're trying to promote LGBT justice is that we are trying to infringe upon religious beliefs. That is not the goal. I truly believe that there is space for LGBT justice and religious freedom and this, I feel, is the space for that. I am not trying to impose any type of discrimination on anybody, but at the same time, I want to be sure that my religious beliefs could be equally validated in this space. I am voting for this bill out of love; out of love for my community, out of love for my members of different religious beliefs, and hopefully that when you vote for this bill, you vote for it out of love. My only fear in people who are voting for this bill, or pushing this bill---and I don't think that this is Scott's intention at all---is that some people might be voting for this bill to hurt LGBT Texans to say that we are still not welcome or we should be discriminated against. But that is not this bill, and that is not why I'm voting for it. I'm voting for it because I believe in the state, and I believe that we all should live in an equal and safe country and state, so that's why I'm voting for this.
REMARKS ORDERED PRINTED
Representative Moody moved to print remarks by Representatives Israel, Anchia, Raymond, and González.
The motion prevailed.
SB 2065 was passed to third reading by (Record 1261): 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; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; 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; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer(C); Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Canales; Walle.
Present, not voting — Mr. Speaker; Miles.
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Dukes; Herrero.
STATEMENTS OF VOTE
When Record No. 1261 was taken, I was shown voting yes. I intended to vote present, not voting.
Bernal
When Record No. 1261 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 1261 was taken, I was shown voting present, not voting. I intended to vote yes.
Miles
SB 2065 - HOUSE SPONSORS AUTHORIZED
On motion of Representative Cook, Representatives C. Anderson, R. Anderson, Ashby, Aycock, Bell, Bohac, D. Bonnen, G. Bonnen, Burkett, Burns, Burrows, Button, Capriglione, Clardy, Crownover, Cyrier, Dale, Darby, Elkins, Faircloth, Fallon, Farney, Fletcher, Flynn, Frank, Frullo, Goldman, Gonzales, González, Huberty, Hughes, Isaac, Keffer, Keough, P. King, S. King, Krause, Kuempel, Landgraf, Larson, Laubenberg, Leach, Metcalf, Meyer, D. Miller, R. Miller, Morrison, Murphy, Murr, Oliveira, Otto, Paddie, Parker, Paul, Peña, Phelan, Phillips, Price, Raney, Rinaldi, Schaefer, Shaheen, Sheets, Sheffield, Simmons, Simpson, Smithee, Spitzer, Springer, Stephenson, Stickland, E. Thompson, Tinderholt, E. S. Turner, S. Turner, VanDeaver, Villalba, J. White, M. White, Workman, Wray, Zedler, and Zerwas were authorized as house sponsors to SB 2065.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 667 ON THIRD READING
(Smithee - House Sponsor)
SB 667, A bill to be entitled An Act relating to reinsurance, distributions, and pooling arrangements by captive insurance companies.
SB 667 was read third time earlier today and was postponed until this time.
SB 667 was passed by (Record 1262): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; 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; Keough; King, K.; King, P.; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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; Keffer(C).
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Bonnen, D.; Burrows; Coleman; Dukes.
STATEMENTS OF VOTE
When Record No. 1262 was taken, my vote failed to register. I would have voted yes.
D. Bonnen
When Record No. 1262 was taken, I was in the house but away from my desk. I would have voted yes.
Burrows
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).
SB 757 ON SECOND READING
(Springer - House Sponsor)
SB 757, A bill to be entitled An Act relating to the repeal of the production taxes on crude petroleum and sulphur.
SB 757 was read second time earlier today, postponed until 12:15 p.m. today, and was again postponed until this time.
Representative Springer moved to postpone consideration of SB 757 until 2:35 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
SB 1105 ON SECOND READING
(Cook - House Sponsor)
SB 1105, A bill to be entitled An Act relating to fire inspections by the state fire marshal for state-owned and state-leased buildings.
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. 4).
SB 1105 - (consideration continued)
SB 1105 was passed to third reading.
SB 1301 - VOTE RECONSIDERED
Representative T. King moved to reconsider the vote by which SB 1301, as amended, was passed to third reading.
The motion to reconsider prevailed.
SB 1301 ON SECOND READING
(Lucio - House Sponsor)
The chair laid before the house, on its second reading and passage to third reading,
SB 1301, A bill to be entitled An Act relating to the governance and administration of the Texas Water Resources Finance Authority.
SB 1301 was read second time earlier today and was passed to third reading, as amended.
Amendment No. 1 - Vote Reconsidered
Representative T. King moved to reconsider the vote by which Amendment No. 1 was adopted by Record No. 1257.
The motion to reconsider prevailed.
Amendment No. 1 - Point of Order
Representative T. King raised a point of order against further consideration of Amendment No. 1 under Rule 11, Section 2 of the House Rules on the grounds that the amendment is not germane to the bill.
The point of order was withdrawn.
Representative Lucio moved to postpone consideration of SB 1301 until 3 p.m. today.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
CSSB 752 ON SECOND READING
(Murphy - House Sponsor)
CSSB 752, A bill to be entitled An Act relating to the repeal of the inheritance tax.
CSSB 752 was passed to third reading.
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. 25).
SB 1308 ON SECOND READING
(S. King - House Sponsor)
SB 1308, A bill to be entitled An Act relating to veterans services information provided to veterans who receive driver's licenses and personal identification certificates.
SB 1308 was passed to third reading.
SB 1115 ON SECOND READING
(J. White - House Sponsor)
SB 1115, A bill to be entitled An Act relating to a program allowing certain military voters on active duty overseas to cast a ballot electronically.
SB 1115 was passed to third reading.
SB 654 ON SECOND READING
(Workman - House Sponsor)
SB 654, A bill to be entitled An Act relating to regulation of rates and policy forms for certain commercial lines of insurance.
Amendment No. 1
Representative Workman offered the following amendment to SB 654:
Amend SB 654 (house committee printing) as follows:
(1) On page 3, line 27, strike "exempt or".
(2) On page 4, line 1, between "forms for" and "commercial lines", insert "standard".
(3) Insert the following appropriately numbered SECTIONS and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 2301.004, Insurance Code, is amended to read as follows:
Sec. 2301.004. EXEMPTION FOR LARGE RISKS. Sections 2301.006, 2301.007(a) and (b), and 2301.008 do not apply to forms for use with an insured that has:
(1) total insured property values of $10 [$5] million or more;
(2) total annual gross revenues of $20 [$10] million or more; or
(3) a total premium of $100,000 [$25,000] or more for property insurance, $100,000 [$25,000] or more for general liability insurance, or $100,000 [$50,000] or more for multiperil insurance.
SECTION ____. Section 2301.004, Insurance Code, as amended by this Act, applies only to an insurance policy that is delivered, issued for delivery, or renewed on or after September 1, 2015. A policy delivered, issued for delivery, or renewed before September 1, 2015, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
Amendment No. 1 was adopted.
SB 654, as amended, was passed to third reading.
SB 790 ON SECOND READING
(Fletcher - House Sponsor)
SB 790, A bill to be entitled An Act relating to the procedures applicable to the revocation of a person's release on parole or to mandatory supervision.
SB 790 was passed to third reading.
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
HR 1215
(by Capriglione)
HR 1215, Petitioning Congress to instruct the Transportation Security Administration to accept concealed handgun licenses as valid forms of identification.
HR 1215 was adopted by (Record 1263): 132 Yeas, 4 Nays, 3 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; Cook; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Johnson; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Minjarez; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Blanco; Collier; Israel; Naishtat.
Present, not voting — Mr. Speaker; Keffer(C); VanDeaver.
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Dukes; Farrar; Giddings; Hunter; Miles; Moody; Stephenson; Turner, S.
STATEMENTS OF VOTE
When Record No. 1263 was taken, I was in the house but away from my desk. I would have voted yes.
Hunter
When Record No. 1263 was taken, I was shown voting no. I intended to vote yes.
Naishtat
When Record No. 1263 was taken, I was shown voting yes. I intended to vote no.
Rose
HR 1605
(by Faircloth)
HR 1605, Expressing a commitment to the elimination of illegal fishing and urging Congress to take action to end illegal, unreported, and unregulated fishing in our sovereign waters.
HR 1605 was adopted by (Record 1264): 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; 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; Keough; King, K.; King, P.; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Dukes; Phelan; White, J.
STATEMENT OF VOTE
When Record No. 1264 was taken, I was in the house but away from my desk. I would have voted yes.
Phelan
CSHCR 75
(by S. Thompson)
CSHCR 75, Encouraging the State Preservation Board and the director of the Bullock Texas State History Museum to establish a museum of Texas music history as a permanent and integral program within the Bullock Museum.
CSHCR 75 was adopted by (Record 1265): 121 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; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Isaac; Israel; Johnson; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; 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; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Zerwas.
Nays — Anderson, R.; Dale; Gonzales; Hughes; Krause; Murr; Paddie; Rinaldi; Shaheen; Simpson; Stephenson; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Zedler.
Present, not voting — Mr. Speaker; Keffer(C).
Absent, Excused — Crownover; King, S.; Reynolds.
Absent — Button; Dukes; Elkins; McClendon; Raney; Schaefer; Wu.
STATEMENTS OF VOTE
When Record No. 1265 was taken, I was shown voting yes. I intended to vote no.
Frank
When Record No. 1265 was taken, my vote failed to register. I would have voted no.
Schaefer
(Márquez in the chair)
(S. King now present)
HB 4 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Huberty called up with senate amendments for consideration at this time,
HB 4, A bill to be entitled An Act relating to a high quality prekindergarten program provided by public school districts.
HB 4 - REMARKS
REPRESENTATIVE SIMMONS: I know it's a bill that a lot of us had discussions on and maybe would have been different, but we've got one of the governor's top priorities, and I appreciate you doing that. I want to go back to something that Representative Howard said about the $300 million. If I remember right, Representative Laubenberg proposed an amendment to this bill to make sure that it stayed at $130 million in the house, but she ended up pulling that down so that the appropriators and you all would have some room to discuss. But I don't believe---and I'm not saying Ms. Howard said this---but I want to make sure that we didn't ever agree, as a body, that the number ought to be $300 million. We agreed that it would be at $130 million and then discuss it. Is that correct?
REPRESENTATIVE HUBERTY: Well, in fact, to take it a step further, Chairman Otto went to the back mic and told me---or asked slash told me---that this is what is in the budget. This is what's in the rider. This is what exists today. And so Representative Laubenberg was trying to codify that, and we obviously worked there because we obviously trust our appropriators and said, you know, that's all that's going to be spent. But as the version came back from the senate, that cap now does exist in here.
REMARKS ORDERED PRINTED
Representative Simmons moved to print remarks between Representative Huberty and Representative Simmons.
The motion prevailed.
Representative Huberty moved to concur in the senate amendments to HB 4.
The motion to concur in the senate amendments to HB 4 prevailed by (Record 1266): 146 Yeas, 0 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Absent, Excused — Crownover; Reynolds.
Absent — Dukes.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 4 (senate committee report) in SECTION 4 of the bill, adding Section 29.165(a), Education Code (page 2, lines 25 through 27), by striking "Notwithstanding any other provision of this subchapter, a prekindergarten program implemented under this subchapter may operate on a full-day basis.".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 4 (senate committee report) in SECTION 4 of the bill, in added Section 29.167(c), Education Code (page 3, line 21), following the underlined period, by inserting "Training may not include national curriculum standards developed by the Common Core State Standards Initiative.".
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 4 as follows:
(1) In the caption of the bill (Committee printing page 1, line 21), between "prekindergarten" and "program", insert "grant".
(2) In SECTION 4 of the bill, in the heading to added Subchaper E-1, Chapter 29, Education Code (Committee printing page 2, line 17), between "PREKINDERGARTEN" and "PROGRAM", insert "GRANT".
(3) In SECTION 4 of the bill, in added Section 29.164, Education Code (Committee printing page 2, line 19), between "prekindergarten" and "program", insert "grant".
(4) In SECTION 4 of the bill, in the heading to added Section 29.165, Education Code (Committee printing page 2, line 21), between "PREKINDERGARTEN" and "PROGRAM", insert "GRANT".
(5) In SECTION 4 of the bill, in added Section 29.165(a), Education Code (Committee printing page 2, line 23), between "establish a" and "funding", insert "grant".
(6) In SECTION 4 of the bill, in added Section 29.165(a), Education Code (Committee printing page 2, line 26), between "prekindergarten" and "program", insert "grant".
(7) In SECTION 4 of the bill, in the heading to added Section 29.166, Education Code (Committee printing page 2, line 36), between "HIGH QUALITY" and "PROGRAM", insert "GRANT".
(8) In SECTION 4 of the bill, in added Section 29.166(b), Education Code (Committee printing page 2, line 42), between "receive" and "funding", insert "grant".
(9) In SECTION 4 of the bill, in added Section 29.167(a), Education Code (Committee printing page 2, line 65), between "prekindergarten" and "program", insert "grant".
(10) In SECTION 4 of the bill, in added Section 29.171, Education Code (Committee printing page 3, line 67), between "prekindergarten" and "program", insert "grant".
(11) In SECTION 4 of the bill, in added Section 29.172(a), Education Code (Committee printing page 4, line 15), between "participating in the" and "program", insert "grant".
Senate Amendment No. 4 (Senate Floor Amendment No. 4)
Amend HB 4, in SECTION 4 of the bill, by striking added Section 29.166(e), Education Code (Committee printing page 2, lines 56-62), and substituting the following:
(e) The total amount of funding distributed to school districts under Subsection (b) may not exceed $130 million for the state fiscal biennium ending August 31, 2017.
Senate Amendment No. 5 (Senate Floor Amendment No. 5)
Amend HB 4 (senate committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 29.1532, Education Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c) A school district that offers prekindergarten classes, including a high quality prekindergarten program class under Subchapter E-1, shall include the following information in the district's Public Education Information Management System (PEIMS) report:
(1) demographic information, as determined by the commissioner, on students enrolled in district and campus prekindergarten classes, including the number of students who are eligible for classes under Section 29.153;
(2) the numbers of half-day and full-day prekindergarten classes offered by the district and campus; [and]
(3) the sources of funding for the prekindergarten classes;
(4) the class size and ratio of instructional staff to students for each prekindergarten program class offered by the district and campus;
(5) if the district elects to administer an assessment instrument to students enrolled in district and campus prekindergarten program classes, a description and the results of each type of assessment instrument; and
(6) curricula used in the district's prekindergarten program classes.
(d) Information required under this section to be included in a school district's Public Education Information Management System (PEIMS) report may not be used for purposes of determining a district's accreditation or a campus or district performance rating under Subchapter C, Chapter 39.
SECTION ____. Subchapter E, Chapter 29, Education Code, is amended by adding Section 29.1543 to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall produce and make available to the public on the agency's Internet website annual district and campus-level reports containing information from the previous school year on early education in school districts and open-enrollment charter schools. A report under this section must contain:
(1) the information required by Section 29.1532(c) to be reported through the Public Education Information Management System (PEIMS);
(2) a description of the diagnostic reading instruments administered in accordance with Section 28.006(c);
(3) the number of students who were administered a diagnostic reading instrument administered in accordance with Section 28.006(c);
(4) the number of students whose scores from a diagnostic reading instrument administered in accordance with Section 28.006(c) indicate reading proficiency; and
(5) the number of kindergarten students who were enrolled in a prekindergarten program in the previous school year in the same district or school as the district or school in which the student attends kindergarten.
(2) In SECTION 4 of the bill, strike added Section 29.171, Education Code (page 3, line 65, through page 4, line 13), and renumber subsequent sections in Subchapter E-1, Chapter 29, Education Code, and cross-references to those sections accordingly.
Senate Amendment No. 6 (Senate Floor Amendment No. 7)
Amend HB 4 (senate committee report) in SECTION 4 of the bill, in added Section 29.166(b), Education Code (page 2, line 46), by striking "under this subsection" and substituting "in attendance for the entire instructional period on a school day".
Senate Amendment No. 7 (Senate Floor Amendment No. 8)
Amend HB 4 (senate committee report) in SECTION 4 of the bill as follows:
(1) In added Section 29.167(b)(1)(B), Education Code (page 3, line 11), delete "associated with", insert "accredited by".
Senate Amendment No. 8 (Senate Floor Amendment No. 10)
Amend HB 4 (senate committee report) in SECTION 4 of the bill as follows:
(1) In added Section 29.167(b)(2)(A), Education Code (page 3, line 9), between "credential" and the underlined semicolon, insert "or another early childhood education credential approved by the agency".
(2) In added Section 29.167(b)(2)(C), Education Code (page 3, line 15), between the underlined semicolon and "or", insert the following appropriately lettered paragraph and reletter subsequent paragraphs of Section 29.167(b)(2), Education Code, and any cross-references to those paragraphs, accordingly:
( ) be employed as a prekindergarten teacher in a school district that has received approval from the commissioner for the district's prekindergarten-specific instructional training plan that the teacher uses in the teacher's prekindergarten classroom;
Senate Amendment No. 9 (Senate Floor Amendment No. 12)
Amend HB 4 (senate committee report) in SECTION 4 of the bill, adding Section 29.167, Education Code (page 3, between lines 21 and 22), by inserting the following:
(d) A school district must attempt to maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students.
Senate Amendment No. 10 (Senate Floor Amendment No. 13)
Amend HB 4 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.464 to read as follows:
Sec. 21.464. PREKINDERGARTEN TEACHER TRAINING COURSE. (a) The commissioner shall develop a prekindergarten teacher training course to be offered to prekindergarten teachers employed by a school district or open-enrollment charter school.
(b) A course provided under this section shall provide instruction in the development and operation of effective prekindergarten classes, including training in:
(1) the prekindergarten guidelines established by the agency;
(2) effective and systematic instructional techniques for teaching prekindergarten students using the prekindergarten guidelines; and
(3) designing and implementing a comprehensive curriculum in the classroom.
Senate Amendment No. 11 (Senate Floor Amendment No. 14)
Amend HB 4 (senate committee report) by inserting the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter E, Chapter 29, Education Code, is amended by adding Section 29.1545 to read as follows:
Sec. 29.1545. CLASS SIZE AND RATIO STUDY AND RECOMMENDATIONS. (a) The agency and the Department of Family and Protective Services shall conduct a joint study to develop recommendations regarding optimal class sizes and student to teacher ratios for prekindergarten classes. The agency and department shall base recommendations on:
(1) data collected from prekindergarten programs, including high quality prekindergarten programs under Subchapter E-1, reported through the Public Education Information Management System (PEIMS); and
(2) observations of best practices and examples from effective prekindergarten programs across the state.
(b) Not later than September 1, 2016, the agency shall submit a report to the legislature detailing the agency's findings and recommendations regarding class size and student to teacher ratios.
(c) This section expires January 1, 2017.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Otto requested permission for the Conference Committee on HB 1 to meet while the house is in session, at 3 p.m. today, in E1.030, to consider budget recommendations.
Permission to meet was granted.
SB 955 - HOUSE SPONSOR AUTHORIZED
On motion of Representative Aycock, Representative Shaheen was authorized as a house sponsor to SB 955.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Schaefer on motion of Krause.
HB 655 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Larson called up with senate amendments for consideration at this time,
HB 655, A bill to be entitled An Act relating to the storage and recovery of water in aquifers; authorizing fees and surcharges; adding provisions subject to a criminal penalty.
Representative Larson moved to concur in the senate amendments to HB 655.
The motion to concur in the senate amendments to HB 655 prevailed by (Record 1267): 142 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; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; 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; 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(C); Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Muñoz; Murphy; Murr; Naishtat; Nevárez; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Nays — Morrison.
Present, not voting — Mr. Speaker; Faircloth.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Oliveira.
STATEMENT OF VOTE
When Record No. 1267 was taken, I was in the house but away from my desk. I would have voted yes.
Oliveira
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 655 (senate committee printing) as follows:
(1) Add the following appropriately numbered SECTION to the bill:
SECTION ____. Section 11.155, Water Code, is amended to read as follows:
Sec. 11.155. AQUIFER STORAGE AND RECOVERY [PILOT PROJECT] REPORTS. [(a) On completion of each pilot project, the board and the commission jointly shall:
[(1)
prepare a report evaluating the success of the project; and
[(2)
provide copies of the report to the governor, lieutenant governor, and speaker of the house of representatives.
[(b)] The board shall make [other] studies, investigations, and surveys of the aquifers in the state as it considers necessary to determine the occurrence, quantity, quality, and availability of [other] aquifers in which water may be stored and subsequently retrieved for beneficial use. The board shall undertake the studies, investigations, and surveys in the following order of priority:
(1) [the aquifers described in Section 11.153(a);
[(2)] areas designated by the commission as "priority groundwater management areas" under Section 35.008; and
(2) [(3)] other areas of the state in a priority to be determined by the board's ranking of where the greatest need exists.
(2) Strike SECTION 4 of the bill (page 4, lines 65 through 69) and substitute the following appropriately numbered SECTION:
SECTION ____. The following sections of the Water Code are repealed:
(1) Sections 11.153(d) and (e); and
(2) Section 11.154.
(3) Renumber the SECTIONS of the bill accordingly.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 757 ON SECOND READING
(Springer - House Sponsor)
SB 757, A bill to be entitled An Act relating to the repeal of the production taxes on crude petroleum and sulphur.
SB 757 was read second time earlier today, postponed until 12:15 p.m. today, postponed until 1 p.m. today, and was again postponed until this time.
SB 757 was passed to third reading.
CSSB 1139 ON SECOND READING
(Smithee - House Sponsor)
CSSB 1139, A bill to be entitled An Act relating to the operation and administration of and practice in courts in the judicial branch of state government, the composition of certain juvenile boards, and the increase of certain filing fees.
CSSB 1139 was read second time earlier today and was postponed until this time.
Amendment No. 1
Representatives Oliveira and Lucio offered the following amendment to CSSB 1139:
Amend CSSB 1139 (house committee report) on page 16, line 10, by striking "2016." and substituting "2017."
Amendment No. 1 was adopted.
CSSB 1139 - HOUSE SPONSOR AUTHORIZED
On motion of Representative Smithee, Representative Raymond was authorized as a house sponsor to CSSB 1139.
Amendment No. 2
Representative Murr offered the following amendment to CSSB 1139:
Amend CSSB 1139 (house committee report) as follows:
(1) Strike page 7, line 4, through page 11, line 4.
(2) On page 11, line 5, strike "(e)" and substitute "SECTION 2.02."
(3) On page 11, line 24, strike "Kendall,".
(4) Strike page 12, line 8, through page 13, line 1.
(5) Renumber the SECTIONS of the bill accordingly.
Amendment No. 2 was adopted by (Record 1268): 76 Yeas, 46 Nays, 13 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson, C.; Anderson, R.; Ashby; Blanco; Bohac; Bonnen, G.; Burns; Burrows; Clardy; Coleman; Craddick; Cyrier; Darby; Deshotel; Dutton; Faircloth; Fallon; Farrar; Fletcher; Frank; Galindo; Giddings; Goldman; González; Guerra; Guillen; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Kacal; Keffer; Keough; King, P.; King, S.; Koop; Landgraf; Larson; McClendon; Metcalf; Meyer; Minjarez; Morrison; Muñoz; Murphy; Murr; Otto; Paddie; Parker; Peña; Phelan; Pickett; Price; Raymond; Rinaldi; Romero; Schubert; Sheets; Sheffield; Simmons; Simpson; Spitzer; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Wray.
Nays — Alvarado; Aycock; Bell; Bernal; Bonnen, D.; Button; Collier; Cook; Dale; Davis, S.; Davis, Y.; Elkins; Farias; Farney; Flynn; Frullo; Geren; Gonzales; Gutierrez; Harless; Hunter; King, K.; King, T.; Krause; Kuempel; Laubenberg; Leach; Martinez Fischer; Miller, D.; Miller, R.; Paul; Phillips; Riddle; Rodriguez, J.; Rose; Sanford; Smith; Stickland; Thompson, E.; Turner, E.S.; Walle; White, J.; White, M.; Workman; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Capriglione; Isaac; Klick; Lucio; Márquez(C); Martinez; Moody; Nevárez; Oliveira; Raney; Shaheen; Wu.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Burkett; Canales; Dukes; Johnson; Longoria; Lozano; Miles; Naishtat; Rodriguez, E.; Schofield; Smithee; Tinderholt.
STATEMENTS OF VOTE
When Record No. 1268 was taken, I was in the house but away from my desk. I would have voted yes.
Naishtat
When Record No. 1268 was taken, I was in the house but away from my desk. I would have voted no.
Tinderholt
Amendment No. 3
Representative Phelan offered the following amendment to CSSB 1139:
Amend CSSB 1139 (house committee report) as follows:
(1) On page 15, line 20, between "COURTS," and "COUNTY", insert "COUNTY COURTS,".
(2) Add the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumber the subsequent SECTIONS of that ARTICLE accordingly:
SECTION ____. Section 26.223, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) If the county judge is licensed to practice law in this state, the [The] County Court of Jefferson County has [the general] jurisdiction concurrent with the County Court at Law of Jefferson County over all causes and proceedings, civil and criminal, [of a probate court and] juvenile and probate, original and appellate, over which by the constitution and general laws of this state county courts have jurisdiction [as provided by Section 26.042(b) but has no other civil or criminal jurisdiction].
(a-1) If the county judge is not licensed to practice law in this state, the County Court of Jefferson County has concurrent jurisdiction with the county courts at law in Jefferson County only in probate proceedings, administrations of estates, guardianship proceedings, mental illness proceedings, and juvenile matters as provided by Section 26.042(b).
Amendment No. 3 was adopted.
CSSB 1139 - HOUSE SPONSOR AUTHORIZED
On motion of Representative Smithee, Representative Oliveira was authorized as a house sponsor to CSSB 1139.
CSSB 1139, as amended, was passed to third reading.
HB 200 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Keffer called up with senate amendments for consideration at this time,
HB 200, A bill to be entitled An Act relating to the regulation of groundwater.
Representative Keffer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 200.
The motion prevailed by (Record 1269): 142 Yeas, 0 Nays, 1 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; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; 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.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Geren; Hunter; Thompson, E.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 200: Keffer, chair; D. Bonnen, Nevárez, Larson, and Lucio.
PROVIDING FOR AN ADDENDUM TO
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
On motion of Representative S. Thompson and by unanimous consent, the Committee on Local and Consent Calendars was granted permission to add SB 631, SB 1005, SB 1760, SB 1989, SB 2025, and SB 2055 in an addendum to the local, consent, and resolutions calendar set for 9 a.m. tomorrow.
COMMITTEE GRANTED PERMISSION TO MEET
Representative S. Thompson requested permission for the Committee on Local and Consent Calendars to meet while the house is in session, at 3:45 p.m. today, in 3W.15, to consider an addendum to the local, consent, and resolutions calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Local and Consent Calendars, 3:45 p.m. today, 3W.15, for a formal meeting, to consider an addendum to the local, consent, and resolutions calendar.
HB 5 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Otto called up with senate amendments for consideration at this time,
HB 5, A bill to be entitled An Act relating to strategic fiscal reviews of state agencies.
Representative Otto moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 5.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 5: Otto, chair; Darby, S. Davis, Walle, and Phelan.
HB 1251 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Alvarado called up with senate amendments for consideration at this time,
HB 1251, A bill to be entitled An Act relating to the transfer of compensation experience for purposes of the Texas Unemployment Compensation Act.
Representative Alvarado moved to concur in the senate amendments to HB 1251.
The motion to concur in the senate amendments to HB 1251 prevailed by (Record 1270): 139 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.; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Stickland.
Present, not voting — Mr. Speaker; Burkett.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Elkins; McClendon; Shaheen; White, M.
STATEMENT OF VOTE
When Record No. 1270 was taken, I was in the house but away from my desk. I would have voted yes.
M. White
Senate Committee Substitute
CSHB 1251, A bill to be entitled An Act relating to the transfer of compensation experience for purposes of the Texas Unemployment Compensation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 204.081, Labor Code, is amended to read as follows:
Sec. 204.081. DEFINITIONS. (a) In this subchapter:
(1) "Compensation experience" includes the period that benefit wage credits or benefits have been chargeable and any other factor under Subchapter A, B, C, or D necessary to the computation of experience rating under those subchapters.
(2) "Person" means an individual, trust, estate, partnership, association, company, or corporation.
(3) "Substantially common management or control" exists if, after the acquisition of the organization, trade, or business of an employing unit, the predecessor employing unit continues to:
(A) own or manage the organization that conducts the organization, trade, or business;
(B) own or manage the assets necessary to conduct the organization, trade, or business;
(C) control through security or lease arrangements the assets necessary to conduct the organization, trade, or business; or
(D) direct the internal affairs or conduct of the organization, trade, or business.
(4) "Substantially common ownership" exists if, on the date of an acquisition of the organization, trade, or business of an employing unit, a shareholder, officer, or other owner of a legal or equitable interest in the predecessor employing unit, or the spouse or a person within the first degree of consanguinity or affinity, as determined under Chapter 573, Government Code, of the shareholder, officer, or other owner:
(A) is a shareholder, officer, or other owner of a legal or equitable interest in the successor employing unit; or
(B) holds an option to purchase a legal or equitable interest in the successor employing unit.
(5) "Transfer of trade or business" includes the transfer of part or all of an employer's workforce to another employer if, as the result of the transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce and the employer to whom the workforce is transferred performs trade or business with respect to the workforce.
(6) "Knowingly" means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved.
(b) For purposes of Subsection (a)(4), following a partial acquisition of an organization, trade, or business of an employing unit, substantially common ownership does not exist solely because the predecessor employing unit has the right to repossess the part acquired by the successor employing unit in the event of the successor's failure to complete a condition of the acquisition.
SECTION 2. Section 204.085, Labor Code, is amended by adding Subsections (a-1) and (e) to read as follows:
(a-1) In the case of a partial acquisition for which the transfer of compensation experience is required under Section 204.083, the predecessor employer and successor employer may jointly submit, not later than the second anniversary of the date the partial acquisition was completed, information necessary for making the determination described by Subsection (a). The period for which the information is submitted must be the lesser of:
(1) four years; or
(2) the length of time the predecessor employer was liable for the payment of a tax under this subtitle.
(e) The commission shall include information about the availability of a partial transfer of compensation experience under this subchapter:
(1) with the information provided by the commission to each new employer; and
(2) on any form, including in electronic format, required to be submitted by an employer to report a change of status.
SECTION 3. Sections 204.081(b) and 204.085(a-1), Labor Code, as added by this Act, apply only to a partial acquisition of an organization, trade, or business of an employing unit that occurs on or after the effective date of this Act. An acquisition that occurs before the effective date of this Act is governed by the law in effect on the date the acquisition occurred, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
HB 315 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Raymond called up with senate amendments for consideration at this time,
HB 315, A bill to be entitled An Act relating to the issuance of "In God We Trust" specialty license plates.
Representative Raymond moved to concur in the senate amendments to HB 315.
The motion to concur in the senate amendments to HB 315 prevailed by (Record 1271): 144 Yeas, 0 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Rodriguez, E.
Senate Committee Substitute
CSHB 315, A bill to be entitled An Act relating to the issuance of "In God We Trust" specialty license plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 504, Transportation Code, is amended by adding Section 504.665 to read as follows:
Sec. 504.665. IN GOD WE TRUST LICENSE PLATES. (a) The department shall issue specially designed license plates that include the words "In God We Trust."
(b) After deduction of the department's administrative costs, the remainder of the fee for issuance of the license plates shall be deposited to the credit of the general revenue fund and may be appropriated only to the Texas Veterans Commission.
SECTION 2. This Act takes effect January 1, 2016.
HB 163 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Larson called up with senate amendments for consideration at this time,
HB 163, A bill to be entitled An Act relating to interstate cooperation to address regional water issues.
Representative Larson moved to concur in the senate amendments to HB 163.
The motion to concur in the senate amendments to HB 163 prevailed by (Record 1272): 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; 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; 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; Riddle; Rinaldi; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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; Márquez(C).
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; McClendon; Rodriguez, E.
Senate Committee Substitute
CSHB 163, A bill to be entitled An Act relating to interstate cooperation to address regional water issues.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 8, Water Code, is amended to read as follows:
CHAPTER 8. SOUTHWESTERN STATES WATER [MULTI-STATE WATER RESOURCES PLANNING] COMMISSION
SECTION 2. Section 8.001(1), Water Code, is amended to read as follows:
(1) "Commission" means the Southwestern States Water [Multi-State Water Resources Planning] Commission.
SECTION 3. Section 8.011, Water Code, is amended to read as follows:
Sec. 8.011. CREATION OF COMMISSION. The Southwestern States Water [Multi-State Water Resources Planning] Commission is created as an advisory commission to the governor and the legislature [agency of the state].
SECTION 4. Section 8.013, Water Code, is amended to read as follows:
Sec. 8.013. COMMISSIONERS [MEMBERS OF COMMISSION]; APPOINTMENT. (a) The commission is composed of three [seven] commissioners as follows:
(1) [who are appointed by] the governor or the governor's designee;
(2) a member of the standing committee of the house of representatives that has jurisdiction over natural resources, appointed by the governor; and
(3) a member of the standing committee [with the advice and consent] of the senate that has jurisdiction over water issues, appointed by the governor.
(b) The governor or the governor's designee shall act as the official representative of this state on the commission and shall exercise all powers and duties of this state as a member of the commission [make the appointments so that each member is from a different section of the state].
[(c)
Three commissioners must be members of the general public, one commissioner must have a background in the field of higher education, one commissioner must have a background in private business, one commissioner must have a background in agriculture, and one commissioner must have a background in an energy-related field.]
SECTION 5. Section 8.015, Water Code, is amended to read as follows:
Sec. 8.015. TERMS [OF OFFICE]. (a) The two appointed commissioners serve [Commissioners hold office for] staggered terms of four [six] years, with the term [terms] of one appointed commissioner [two or three commissioners] expiring on February 1 of each odd-numbered year.
(b) Each appointed commissioner serves [holds office] until the commissioner's [his] successor is appointed [and has qualified for office].
(c) A [If a] vacancy in an appointed position on the commission [occurs in the office of commissioner, the governor] shall be filled [appoint a successor to serve] for the unexpired portion of the term in the same manner as the original appointment.
SECTION 6. Section 8.016, Water Code, is amended to read as follows:
Sec. 8.016. CHAIRMAN. The governor or the governor's designee shall serve [designate one commissioner] as chairman of the commission [to serve at the will of the governor].
SECTION 7. Section 8.017(c), Water Code, is amended to read as follows:
(c) The chairman or two commissioners may call a special meeting at any time by giving notice to the other commissioner or commissioners.
SECTION 8. Section 8.019, Water Code, is amended to read as follows:
Sec. 8.019. ADMINISTRATIVE SUPPORT [STAFF]. The board shall provide administrative [necessary staff and] support to the commission to assist the commission in carrying out this chapter.
SECTION 9. Section 8.051, Water Code, is amended to read as follows:
Sec. 8.051. INTERACTION WITH OTHER STATES. (a) In cooperation with representatives of neighboring states, the commission may discuss [shall study] the water needs of the region [after the year 2000].
(b) The commission may [shall] initiate and carry out discussions with representatives of neighboring states relating to the identification and development of sources and methods of augmenting water supplies on a regional basis after existing water supplies are fully committed.
SECTION 10. Section 8.052, Water Code, is amended to read as follows:
Sec. 8.052. INTERACTION WITH MEXICO. The commission may [shall contract and] confer with the government of Mexico concerning water needs and development of sources of water supply.
SECTION 11. Section 8.056, Water Code, is amended to read as follows:
Sec. 8.056. COMPACTS. The commission may [shall] contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer underlies several states, and addressing other related subjects that would be beneficial to the states including the conservation and beneficial use of water.
SECTION 12. Sections 8.014, 8.018, and 8.053, Water Code, are repealed.
SECTION 13. (a) Promptly after this Act takes effect, the governor shall appoint the initial appointed members of the Southwestern States Water Commission under Chapter 8, Water Code, as amended by this Act.
(b) In appointing the initial appointed members of the commission, the governor shall appoint one person to a term expiring February 1, 2017, and one person to a term expiring February 1, 2019.
SECTION 14. This Act takes effect September 1, 2015.
HB 792 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Clardy called up with senate amendments for consideration at this time,
HB 792, A bill to be entitled An Act relating to the issuance of specialty license plates for antique buses.
Representative Clardy moved to concur in the senate amendments to HB 792.
The motion to concur in the senate amendments to HB 792 prevailed by (Record 1273): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; 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(C); Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Bell; Dukes; Oliveira.
Senate Committee Substitute
CSHB 792, A bill to be entitled An Act relating to the issuance of specialty license plates for antique buses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 504.502(a) and (b), Transportation Code, are amended to read as follows:
(a) The department shall issue specialty license plates for a passenger car, truck, motorcycle, bus, or former military vehicle that:
(1) is at least 25 years old, if the vehicle is a passenger car, truck, [or] motorcycle, or bus;
(2) is a collector's item;
(3) is used exclusively for exhibitions, club activities, parades, and other functions of public interest and is not used for regular transportation; and
(4) does not carry advertising.
(b) The license plates must include the words "Antique Auto," "Antique Truck," "Antique Motorcycle," "Antique Bus," or "Military Vehicle," as appropriate.
SECTION 2. This Act takes effect January 1, 2016.
HB 197 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Price called up with senate amendments for consideration at this time,
HB 197, A bill to be entitled An Act relating to requiring a public institution of higher education to post information regarding mental health resources on the institution's Internet website.
Representative Price moved to concur in the senate amendments to HB 197.
The motion to concur in the senate amendments to HB 197 prevailed by (Record 1274): 144 Yeas, 1 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; 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.
Nays — Stickland.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes.
Senate Committee Substitute
CSHB 197, A bill to be entitled An Act relating to requiring certain public institutions of higher education to post information regarding mental health resources on the institution's Internet website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9193 to read as follows:
Sec. 51.9193. REQUIRED POSTING OF MENTAL HEALTH RESOURCES. (a) In this section, "local mental health authority" has the meaning assigned by Section 531.002, Health and Safety Code.
(b) This section applies only to a general academic teaching institution, medical and dental unit, public junior college, public state college, or public technical institute as those terms are defined by Section 61.003.
(c) Each institution to which this section applies shall create a web page on the institution's Internet website dedicated solely to information regarding the mental health resources available to students at the institution. The web page must include the address of the nearest local mental health authority.
SECTION 2. As soon as practicable after the effective date of this Act, each public institution of higher education to which Section 51.9193, Education Code, as added by this Act, applies shall post on its Internet website the information required by that section.
SECTION 3. This Act takes effect September 1, 2015.
HB 1992 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Zerwas called up with senate amendments for consideration at this time,
HB 1992, A bill to be entitled An Act relating to the granting of undergraduate course credit by advanced placement examination at public institutions of higher education.
Representative Zerwas moved to concur in the senate amendments to HB 1992.
The motion to concur in the senate amendments to HB 1992 prevailed by (Record 1275): 133 Yeas, 10 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; 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; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Landgraf; Larson; Longoria; Lozano; Lucio; Márquez(C); 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; 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.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Keough; Krause; Laubenberg; Leach; Rinaldi; Simpson; Stickland; Tinderholt; Turner, E.S.; White, M.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Bell; Dukes; Klick.
Senate Committee Substitute
CSHB 1992, A bill to be entitled An Act relating to the granting of undergraduate course credit by advanced placement examination at public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.968, Education Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) In establishing the minimum required score on an Advanced Placement examination for granting course credit for a particular lower-division course under Subsection (c), an institution of higher education may not require a score of more than three unless the institution's chief academic officer determines, based on evidence, that a higher score on the examination is necessary to indicate a student is sufficiently prepared to be successful in a related, more advanced course for which the lower-division course is a prerequisite.
SECTION 2. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0518 to read as follows:
Sec. 61.0518. STUDY ON UNDERGRADUATE COURSE CREDIT FOR ADVANCED PLACEMENT EXAMINATIONS. (a) In this section, "Advanced Placement examination" has the meaning assigned by Section 51.968.
(b) The board, in consultation with institutions of higher education, the board's Undergraduate Education Advisory Committee, and other interested parties, shall conduct a study on the performance of undergraduate students at institutions of higher education who receive undergraduate course credit for achieving required scores on one or more Advanced Placement examinations.
(c) The study must compare the academic performance, retention rates, and graduation rates at institutions of higher education of students who complete a lower-division course at an institution and students who receive credit for that course for a score of three or more on an Advanced Placement examination, disaggregated by score.
(d) Each institution of higher education shall submit to the board any data requested by the board as necessary for the board to carry out its duties under this section.
(e) Not later than January 1, 2017, the board shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over higher education a progress report that examines the academic performance at institutions of higher education of students who received undergraduate course credit for a score of three on one or more Advanced Placement examinations and any recommendations for legislative or administrative action.
(f) Not later than January 1, 2019, the board shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over higher education a report regarding the results of the study conducted under this section and any recommendations for legislative or administrative action.
(g) The board shall adopt rules as necessary to implement this section in a manner that ensures compliance with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
(h) This section expires September 1, 2019.
SECTION 3. Section 51.968(c-1), Education Code, as added by this Act, applies to entering freshman students at institutions of higher education beginning with the 2016 fall semester.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.
HB 3545 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Oliveira called up with senate amendments for consideration at this time,
HB 3545, A bill to be entitled An Act relating to the establishment of an infrastructure improvement council by the Rio Grande Regional Water Authority; providing authority to impose a voluntary assessment.
Representative Oliveira moved to concur in the senate amendments to HB 3545.
The motion to concur in the senate amendments to HB 3545 prevailed by (Record 1276): 136 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; 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; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez(C); 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; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zerwas.
Nays — Keough; Krause; Rinaldi; Simpson; Stickland; Tinderholt; Zedler.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Bell; Dukes; Sheets.
Senate Committee Substitute
CSHB 3545, A bill to be entitled An Act relating to the establishment of an infrastructure improvement council by the Rio Grande Regional Water Authority; providing authority to impose a voluntary assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.01, Chapter 385, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Subdivision (4-b) to read as follows:
(4-b) "Council" means the council established under Section 1B.01 of this Act.
SECTION 2. Chapter 385, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Article IB to read as follows:
ARTICLE IB. INFRASTRUCTURE IMPROVEMENT COUNCIL
Sec. 1B.01. INFRASTRUCTURE IMPROVEMENT COUNCIL. (a) The board shall establish an infrastructure improvement council in connection with the implementation of infrastructure improvement projects within the authority's territory.
(b) The board shall set, according to a formula determined by the board, an annual voluntary assessment. Revenue from the assessment imposed under this subsection shall be deposited to the credit of an infrastructure improvement fund to be administered by the council. After the board sets the formula used to determine the assessment, the assessment may be modified only by the council.
(c) A member of the conference that pays the voluntary assessment under Subsection (b) shall appoint a representative to serve as a member of the council.
(d) The council may apply for financial assistance under Subchapters G and H, Chapter 15, Water Code, and may implement infrastructure improvement projects approved by the council under this article.
(e) The council shall study the viability of each infrastructure improvement project requested by council members to determine whether an infrastructure improvement project is eligible to receive financial assistance from the council.
(f) Only members of the council are eligible to receive financial assistance from the council for infrastructure improvement projects under this article.
(g) The council shall establish procedures to govern the council.
(h) The council may:
(1) hire employees to implement this section; and
(2) engage in infrastructure improvement projects without board approval.
SECTION 3. This Act takes effect September 1, 2015.
HB 2261 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Villalba called up with senate amendments for consideration at this time,
HB 2261, A bill to be entitled An Act relating to the transfer or termination of certain timeshare interests.
Representative Villalba moved to concur in the senate amendments to HB 2261.
The motion to concur in the senate amendments to HB 2261 prevailed by (Record 1277): 141 Yeas, 1 Nays, 1 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; 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; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez(C); Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; 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.
Nays — Stickland.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Button; Dukes; Keough; Oliveira.
STATEMENT OF VOTE
When Record No. 1277 was taken, I was in the house but away from my desk. I would have voted yes.
Keough
Senate Committee Substitute
CSHB 2261, A bill to be entitled An Act relating to the transfer or termination of certain timeshare interests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 221.003(b), Property Code, is amended to read as follows:
(b) Timeshare properties located outside this state are subject only to Subchapters C through H and J.
SECTION 2. Chapter 221, Property Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. SERVICE AGREEMENTS TO TRANSFER OR TERMINATE A TIMESHARE INTEREST
Sec. 221.101. TRANSFER OR TERMINATION OF TIMESHARE INTEREST. In this subchapter:
(1) "Termination" with respect to a timeshare interest:
(A) means:
(i) the release of contractual obligations relating to a timeshare interest by the developer, association, or managing entity; or
(ii) the invalidation, cancellation, nullification, or cessation of contractual obligations related to a timeshare interest by a judgment or court order; and
(B) does not include the cancellation of a purchase contract governed by Subchapter E.
(2) "Transfer" with respect to a timeshare interest means the conveyance of all or substantially all of a timeshare interest.
Sec. 221.102. APPLICABILITY. (a) This subchapter applies to a timeshare interest if the timeshare interest has been acquired only for the purchaser's personal, family, or household use and:
(1) the timeshare interest is owned by a resident of this state;
(2) the timeshare property is located in this state; or
(3) the timeshare interest acquired is in a multisite timeshare plan required to be registered under Subchapter C.
(b) Except as provided by Subsection (c), this subchapter applies to a person who:
(1) is acting in the ordinary course of business; and
(2) directly or indirectly, regardless of whether acting in person, by mail, by telephone, or by any mode of Internet or electronic communication, offers or advertises an offer to engage in, for consideration, the following activities:
(A) obtaining or attempting to obtain on behalf of a timeshare interest owner a termination of contractual obligations relating to a timeshare interest;
(B) selling, renting, listing, or advertising a timeshare interest on behalf of a timeshare interest owner;
(C) purchasing a timeshare interest from a timeshare interest owner; or
(D) assisting in the transfer of an owner's timeshare interest.
(c) This subchapter does not apply to:
(1) a license holder under Chapter 1101, Occupations Code, acting as a broker, agent, or salesperson under that person's license in connection with the transfer or termination of a timeshare interest;
(2) a developer, association, or managing entity for a timeshare interest to be transferred or terminated or a third party acting at the specific request of the developer, association, or managing entity; or
(3) an attorney, title agent, title company, or escrow company that:
(A) provides only closing, settlement, or other comparable transaction services in connection with the transfer or termination of a timeshare interest; and
(B) does not otherwise engage in activities described by Subsection (b).
Sec. 221.103. GENERAL DISCLOSURES REQUIRED. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall provide to the timeshare interest owner, before the third day before the date the timeshare interest owner enters into the agreement the following written disclosures, as applicable:
(1) the name, telephone number, and physical address of the person providing services under the agreement and any affiliate, agent, or third-party representative of that person;
(2) if the person identified in Subdivision (1), or an affiliate, agent, or third-party representative of that person providing services under the agreement, is an attorney licensed to practice law in this state, a disclosure of whether the attorney will be providing services under the agreement and representing the timeshare interest owner in connection with the transfer or termination of the timeshare interest;
(3) a description, legally sufficient for identification, of the timeshare interest to be transferred or terminated;
(4) a description of the method of transfer or termination or a copy of the instrument that will be used for transferring or terminating the timeshare interest;
(5) a description of any interest the timeshare interest owner retains after the transfer;
(6) a description of the scope of a power of attorney or other delegation of authority, if any, that the timeshare interest owner is required to give to complete the transfer of the timeshare interest;
(7) an itemized statement of any amounts the timeshare owner is required to pay as consideration or reimbursement for services provided in connection with the agreement;
(8) the name of each recipient of amounts described by Subdivision (7);
(9) the estimated date for completing all services sufficient to transfer or terminate the timeshare interest; and
(10) a statement that, on completion of the transfer or termination of the timeshare interest, the person will give written notice of the transfer or termination to:
(A) the developer, association, or managing entity, as applicable; and
(B) if applicable, the exchange company for the timeshare interest.
Sec. 221.104. DISCLOSURE OF AUTHORIZED USE OF TIMESHARE INTEREST. (a) A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall disclose in writing to the timeshare interest owner the name of any person, other than the timeshare interest owner, who may occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement.
(b) If a person is authorized to occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement, the agreement must state the name of each person receiving consideration for the occupation, rent, exchange, or use of the timeshare interest.
Sec. 221.105. DISCLOSURES RELATING TO PAYMENT OF FEES FOR TRANSFER SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must conspicuously disclose in writing to the timeshare interest owner that the timeshare interest owner is not required to pay any consideration or reimbursement under the agreement until the timeshare interest owner receives:
(1) a written acknowledgement from the developer, the association, or the managing entity that the person facilitating the transfer under the agreement complied with all applicable policies of the developer, association, or managing entity, if any, governing the transfer of the timeshare interest; and
(2) a copy of the instrument transferring the timeshare interest, recorded, if required by applicable law, in the real property records of the county in which the timeshare property is located.
Sec. 221.106. REQUIRED NOTICE FOR TRANSFER SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:
I (name of the person facilitating the transfer) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TRANSFER OF OWNERSHIP OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT.
YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.
IF THE TRANSFER OF YOUR TIMESHARE INTEREST IS NOT COMPLETED BEFORE THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.
Sec. 221.107. REQUIRED NOTICE FOR TERMINATION SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the termination of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:
I (name of the person facilitating the termination of the timeshare interest) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT BY OBTAINING:
(1) A VALID AND ENFORCEABLE RELEASE FROM THE DEVELOPER, ASSOCIATION, OR MANAGING ENTITY; OR
(2) A JUDGMENT OR COURT ORDER INVALIDATING THE PURCHASE OR OWNERSHIP OF YOUR TIMESHARE INTEREST.
YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.
I CANNOT GUARANTEE THAT I WILL SUCCESSFULLY COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST. IF I FAIL TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.
Sec. 221.108. RELIANCE. In making disclosures required by this subchapter, a person facilitating the transfer or termination of a timeshare interest may rely on written information provided by the timeshare interest owner, the developer, the association, or the managing entity.
Sec. 221.109. DUTY OF GOOD FAITH REGARDING TRANSFER OR TERMINATION SERVICES. A person facilitating the transfer or termination of a timeshare interest must act in good faith to accomplish the transfer or termination not later than the 180th day after the date the person enters into an agreement with the timeshare interest owner.
Sec. 221.110. DECEPTIVE TRADE PRACTICES. A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46(a) and (b), Business & Commerce Code, by engaging in any of the following acts:
(1) failing to disclose information as required by this subchapter;
(2) making false or misleading statements concerning:
(A) the existence of an offer related to the purchase or rent of a timeshare interest;
(B) the likelihood of the completion or the time necessary to complete any sale, rental, transfer, or termination of a timeshare interest;
(C) the value of a timeshare interest;
(D) the current or future costs, including assessments, maintenance fees, or taxes, of owning a timeshare interest;
(E) the method by which or source from which a timeshare interest owner's name, address, telephone number, or other contact information was obtained;
(F) the identity of the person providing services to facilitate the transfer or termination of a timeshare interest or any affiliate, agent, or third-party representative of that person;
(G) the terms and conditions under which services to facilitate a transfer or termination of a timeshare interest are offered;
(H) the willingness of a developer, association, or managing entity to:
(i) agree to the transfer or termination of a timeshare interest; or
(ii) execute instruments necessary to transfer or terminate the timeshare interest; or
(I) the manner in which consideration or reimbursements paid by a timeshare interest owner will be used or applied;
(3) encouraging or inducing a timeshare interest owner to stop paying the developer, the association, or the managing entity in violation of a contract with or any other legally enforceable obligation to the developer, the association, or the managing entity before the completion of a transfer or termination; or
(4) receiving or collecting consideration for or reimbursement related to the facilitation of the transfer of a timeshare interest before the timeshare interest owner receives the documents described by Sections 221.105(1) and (2).
Sec. 221.111. SUPERVISORY DUTIES. (a) The person who enters into an agreement to facilitate the transfer or termination of a timeshare interest shall supervise, manage, and control all aspects of the services provided under the agreement.
(b) Any violation of this subchapter that occurs during the provision of services is considered a violation by the person who enters into the agreement and any affiliate, agent, or third-party representative of that person.
(c) Section 221.035 does not apply to a person providing services under this subchapter.
SECTION 3. (a) The disclosure and notice requirements provided by Subchapter J, Chapter 221, Property Code, as added by this Act, apply only to an agreement to facilitate the transfer or termination of a timeshare interest entered into on or after the effective date of this Act. An agreement to facilitate the transfer or termination of a timeshare interest entered into before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
(b) Section 221.110, Property Code, as added by this Act, applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law as it existed when the conduct occurred, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
HB 2455 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Burkett called up with senate amendments for consideration at this time,
HB 2455, A bill to be entitled An Act relating to the establishment of a task force to promote uniformity in the collection and reporting of information relating to family violence, sexual assault, stalking, and human trafficking.
Representative Burkett moved to concur in the senate amendments to HB 2455.
The motion to concur in the senate amendments to HB 2455 prevailed by (Record 1278): 143 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; 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; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; 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.
Nays — Stickland.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes.
STATEMENT OF VOTE
When Record No. 1278 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
Senate Committee Substitute
CSHB 2455, A bill to be entitled An Act relating to the establishment of a task force to promote uniformity in the collection and reporting of information relating to family violence, sexual assault, stalking, and human trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. TASK FORCE TO PROMOTE UNIFORMITY IN COLLECTION AND REPORTING OF INFORMATION ON FAMILY VIOLENCE, SEXUAL ASSAULT, STALKING, AND HUMAN TRAFFICKING
Sec. 72.101. DEFINITIONS. In this subchapter:
(1) "Dating violence" has the meaning assigned by Section 71.0021, Family Code.
(2) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3) "Task force" means the task force established under this subchapter to promote uniformity in the collection and reporting of information relating to family violence, sexual assault, stalking, and human trafficking.
Sec. 72.102. TASK FORCE MEMBERSHIP. (a) The task force consists of:
(1) one member from the office, appointed by the director;
(2) 16 members appointed by the presiding officer of the task force as follows:
(A) one member from the bureau of identification and records of the Department of Public Safety;
(B) one member from a statewide family violence advocacy organization;
(C) one member from a statewide sexual assault advocacy organization;
(D) one member who is a prosecuting attorney with experience in obtaining protective orders in cases involving family violence, sexual assault, stalking, or human trafficking;
(E) one member who is a magistrate with experience in issuing orders for emergency protection under Article 17.292, Code of Criminal Procedure;
(F) one member who is a judge or an associate judge with experience in issuing protective orders in cases involving family violence, sexual assault, stalking, or human trafficking;
(G) one member from The University of Texas School of Law Domestic Violence Clinic;
(H) one member who is from an organization that receives federal funding under the legal assistance for victims grant program and who has expertise in issues related to family violence, sexual assault, or stalking;
(I) two members from a law enforcement agency, including one member who is a constable;
(J) one member from the Texas Center for the Judiciary;
(K) one member from the Texas Municipal Courts Education Center;
(L) one member from the Texas Justice Court Training Center;
(M) one member from the County and District Clerks' Association of Texas;
(N) one member from the child support division of the office of the attorney general; and
(O) one member from the Texas Education Agency; and
(3) any other member whom the presiding officer determines to be appropriate and who consents to serve on the task force.
(b) The presiding officer of the task force is the member who represents the office.
(c) Appointed members of the task force serve at the will of the appointing authority. A vacancy on the task force must be filled in the same manner as the original appointment.
Sec. 72.103. MEETINGS; COMPENSATION. (a) The task force shall meet at the call of the presiding officer.
(b) Members of the task force serve without compensation or reimbursement for expenses.
Sec. 72.104. DUTIES. (a) The task force shall:
(1) solicit and receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations, including:
(A) survivors of family violence, sexual assault, stalking, or human trafficking;
(B) law enforcement officials whose duties include submitting information to the Texas Crime Information Center;
(C) individuals with technical expertise in and familiarity with the programming and maintenance of the database maintained by the Texas Crime Information Center;
(D) individuals with technical expertise in and familiarity with the office's database on family violence; and
(E) individuals with expertise in issues related to family violence, sexual assault, stalking, or human trafficking; and
(2) develop policy recommendations and best practices guidelines for the uniform collection and reporting of information relating to:
(A) family violence, sexual assault, stalking, and human trafficking; and
(B) the implementation of dating violence training and awareness education in public schools under Section 37.0831, Education Code.
(b) In developing policy recommendations and best practices guidelines under Subsection (a)(2), the task force shall examine best practices regarding uniform data collection and reporting and any studies or reports that the task force considers relevant.
Sec. 72.105. REPORT. Not later than September 1, 2016, the task force shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees of the legislature a report that includes:
(1) a description of the activities of the task force;
(2) the findings and recommendations of the task force, including the policy recommendations and best practices guidelines developed by the task force under Section 72.104(a)(2); and
(3) any other matter that the task force considers appropriate.
Sec. 72.106. ADMINISTRATIVE SUPPORT. The office shall provide reasonably necessary administrative and technical support for the activities of the task force.
Sec. 72.107. ASSISTANCE WITH RECOMMENDATIONS. The office shall seek the assistance of the task force before the office makes any recommendation as a result of the work done by the task force.
Sec. 72.108. EXPIRATION DATE. The task force is abolished and this subchapter expires on September 1, 2017.
SECTION 2. As soon as practicable after the effective date of this Act, the appropriate persons shall appoint the members of the task force created by Subchapter F, Chapter 72, Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.
HB 3680 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Geren called up with senate amendments for consideration at this time,
HB 3680, A bill to be entitled An Act relating to the confidentiality of certain information stored as part of the preparation of reports required to be filed with the Texas Ethics Commission.
Representative Geren moved to concur in the senate amendments to HB 3680.
The motion to concur in the senate amendments to HB 3680 prevailed by (Record 1279): 143 Yeas, 1 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; 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.
Nays — Stickland.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Simmons.
Senate Committee Substitute
CSHB 3680, A bill to be entitled An Act relating to the confidentiality of certain information stored as part of the preparation of reports and personal financial statements required to be filed with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.0671, Government Code, is amended by adding Subsection (d) to read as follows:
(d) Electronic report or financial statement data saved in a commission temporary storage location for later retrieval and editing before the report or financial statement is filed is confidential and may not be disclosed. After the report or financial statement is filed with the commission, the information disclosed in the filed report or financial statement is public information to the extent provided by the law requiring the filing of the report or financial statement.
SECTION 2. This Act takes effect September 1, 2015.
HB 1221 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Lucio called up with senate amendments for consideration at this time,
HB 1221, A bill to be entitled An Act relating to seller's disclosures in connection with residential real property subject to groundwater regulation.
Representative Lucio moved to concur in the senate amendments to HB 1221.
The motion to concur in the senate amendments to HB 1221 prevailed by (Record 1280): 144 Yeas, 0 Nays, 1 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; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Giddings.
Senate Committee Substitute
CSHB 1221, A bill to be entitled An Act relating to seller's disclosures in connection with residential real property subject to groundwater regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.008(b), Property Code, is amended to read as follows:
(b) The notice must be executed and must, at a minimum, read substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT _________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
__ Range
__ Oven
__ Microwave
|
__ Dishwasher
__ Trash Compactor
__ Disposal
|
__ Washer/Dryer
Hookups
__ Window
Screens
__ Rain Gutters
|
__ Security System
__ Fire Detection
Equipment
__ Intercom System
|
__ Smoke Detector -
Hearing Impaired
|
__ Emergency Escape
Ladder(s)
|
__ TV Antenna
__ Cable TV Wiring
__ Satellite Dish
|
__ Ceiling Fan(s)
__ Attic Fan(s)
__ Exhaust Fan(s)
|
__ Central A/C
__ Central Heating
__ Wall/Window
Air Conditioning
|
__ Plumbing System
__ Septic System
__ Public Sewer System
|
__ Patio/Decking
__ Outdoor Grill
__ Fences
|
__ Pool Equipment
__ Pool Heater
__ Automatic Lawn
Sprinkler System
|
__ Fireplace(s) &
Chimney
(Woodburning)
__ Fireplace(s) &
Chimney
(Mock)
|
__ Natural Gas Lines
__ Gas Fixtures
|
__ Liquid Propane Gas:
__ LP Community
(Captive)
__ LP on Property
|
Garage: __ Attached
__ Not Attached
__ Carport
|
Garage Door Opener(s):
__ Electronic
__ Control(s)
|
Water Heater:
__ Gas
__ Electric
|
Water Supply: __ City
__ Well __ MUD
__ Co-op
|
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766, Health and Safety Code?* __ Yes __ No __ Unknown.
If the answer to the question above is no or unknown, explain. (Attach additional sheets if necessary):________________________________________________
________________________________________________________________
________________________________________________________________
*Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing impaired if: (1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.
3. Are you (Seller) aware of any known defects/malfunctions in any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls
__ Ceilings
__ Floors
|
__ Exterior Walls
__ Doors
__ Windows
|
__ Roof
__ Foundation/ Slab(s)
__ Basement
|
__ Walls/Fences
__ Driveways
__ Sidewalks
|
__ Plumbing/Sewers/Septics
__ Electrical Systems
__ Lighting Fixtures
|
__ Other Structural Components (Describe):_____________________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):_______________________________________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites (includes
wood-destroying insects)
__ Previous Structural
or Roof Repair
|
__ Termite or Wood Rot Damage
Needing Repair
__ Hazardous or Toxic Waste
|
__ Previous Termite Damage
__ Asbestos Components
|
__ Previous Termite
Treatment
__ Urea formaldehyde
Insulation
|
__ Previous Flooding
__ Radon Gas
|
__ Improper Drainage
__ Lead Based Paint
|
__ Water Penetration
__ Aluminum Wiring
|
__ Located in 100-Year
Floodplain
__ Previous Fires
|
__ Present Flood Insurance
Coverage
__ Unplatted Easements
|
__ Landfill, Settling, Soil
Movement, Fault Lines
__ Subsurface
Structure or Pits
|
__ Single Blockable Main Drain
in Pool/Hot Tub/Spa*
__ Previous Use of Premises
for Manufacture of
Methamphetamine
|
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):_______________________________________________________
________________________________________________________________
________________________________________________________________
*A single blockable main drain may cause a suction entrapment hazard for an individual.
5. Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair? __ Yes (if you are aware) __ No (if you are not aware).
If yes, explain (attach additional sheets as necessary):______________________
________________________________________________________________
________________________________________________________________
6. Are you (Seller) aware of any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__
Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
|
__
Homeowners' Association or maintenance fees or assessments.
|
__
Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
|
__
Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
|
__
Any lawsuits directly or indirectly affecting the Property.
|
__
Any condition on the Property which materially affects the physical health or safety of an individual.
|
__
Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
|
__
Any portion of the property that is located in a groundwater conservation district, a subsidence district, or other special purpose district with the authority to regulate the withdrawal of groundwater.
|
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):_______________________________________________________
________________________________________________________________
________________________________________________________________
7. If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the property may be subject to the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements. Contact the local government with ordinance authority over construction adjacent to public beaches for more information.
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing notice.
_______________ ________________________________________
Date Signature of Purchaser
SECTION 2. Section 5.008(b), Property Code, as amended by this Act, applies only to a transfer of property that occurs on or after the effective date of this Act. A transfer of property that occurs before the effective date of this Act is governed by the law applicable to the transfer immediately before that date, and the former law is continued in effect for that purpose. For purposes of this section, a transfer of property occurs before the effective date of this Act if the contract binding the purchaser to purchase the property is executed before that date.
SECTION 3. This Act takes effect January 1, 2016.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1221 (senate committee report) as follows:
(1) Insert the following appropriately numbered SECTION of the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. It is the intent of the legislature that Section 5.008(b), Property Code, as amended by this Act, does not:
(1) require a seller to disclose that the residential real property subject to a notice required by that section is located in a groundwater conservation district or a subsidence district unless the seller has actual knowledge on the date of the notice that the real property is located in a groundwater conservation district or a subsidence district; or
(2) create any duty for any person to investigate to determine if the residential real property is located in a groundwater conservation district or a subsidence district.
(2) In SECTION 1 of the bill, in amended Section 5.008(b), Property Code (page 3, lines 53-55), strike ", a subsidence district, or other special purpose district with the authority to regulate the withdrawal of groundwater" and substitute "or a subsidence district".
HB 2033 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Raymond called up with senate amendments for consideration at this time,
HB 2033, A bill to be entitled An Act relating to authorizing counties to require the submission of digital maps in connection with the county plat approval process.
Representative Raymond moved to concur in the senate amendments to HB 2033.
The motion to concur in the senate amendments to HB 2033 prevailed by (Record 1281): 142 Yeas, 1 Nays, 1 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; Craddick; 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(C); Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; 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.
Nays — Stickland.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Bohac; Dukes; Paul.
STATEMENT OF VOTE
When Record No. 1281 was taken, I was in the house but away from my desk. I would have voted yes.
Paul
Senate Committee Substitute
CSHB 2033, A bill to be entitled An Act relating to authorizing counties to require the submission of digital maps in connection with the county plat approval process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.001, Local Government Code, is amended by adding Subsection (f) to read as follows:
(f) The commissioners court may require a plat application submitted for approval to include a digital map that is compatible with other mapping systems used by the county and that georeferences the subdivision plat and related public infrastructure using the Texas Coordinate Systems adopted under Section 21.071, Natural Resources Code. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. A requirement adopted under this subsection must provide for an exemption from the requirement if the owner of the tract submits with the plat application an acknowledged statement indicating that the digital mapping technology necessary to submit a map that complies with this subsection was not reasonably accessible.
SECTION 2. Section 232.023, Local Government Code, is amended by adding Subsection (f) to read as follows:
(f) The commissioners court may require a plat application submitted for approval to include a digital map that is compatible with other mapping systems used by the county and that georeferences the subdivision plat and related public infrastructure using the Texas Coordinate Systems adopted under Section 21.071, Natural Resources Code. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. A requirement adopted under this subsection must provide for an exemption from the requirement if the subdivider of the tract submits with the plat application an acknowledged statement indicating that the digital mapping technology necessary to submit a map that complies with this subsection was not reasonably accessible.
SECTION 3. Section 232.072, Local Government Code, is amended by adding Subsection (d) to read as follows:
(d) The commissioners court may require a plat application submitted for approval to include a digital map that is compatible with other mapping systems used by the county and that georeferences the subdivision plat and related public infrastructure using the Texas Coordinate Systems adopted under Section 21.071, Natural Resources Code. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. A requirement adopted under this subsection must provide for an exemption from the requirement if the owner of the tract submits with the plat application an acknowledged statement indicating that the digital mapping technology necessary to submit a map that complies with this subsection was not reasonably accessible.
SECTION 4. This Act takes effect September 1, 2015.
HB 3078 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Darby called up with senate amendments for consideration at this time,
HB 3078, A bill to be entitled An Act relating to the creation of an advisory committee to recommend a uniform pre-nursing curriculum for undergraduate professional nursing programs offered by public institutions of higher education.
Representative Darby moved to concur in the senate amendments to HB 3078.
The motion to concur in the senate amendments to HB 3078 prevailed by (Record 1282): 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; 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; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Márquez(C).
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Kuempel.
Senate Committee Substitute
CSHB 3078, A bill to be entitled An Act relating to the creation of an advisory committee to recommend a uniform pre-nursing curriculum for undergraduate professional nursing programs offered by public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 61, Education Code, is amended by adding Section 61.0261 to read as follows:
Sec. 61.0261. UNIFORM PRE-NURSING CURRICULUM ADVISORY COMMITTEE. (a) In this section:
(1) "Pre-nursing curriculum" means a curriculum designed to prepare students for enrollment in an undergraduate professional nursing program.
(2) "Undergraduate professional nursing program" means an educational program for preparing students for initial licensure as registered nurses.
(b) The Uniform Pre-Nursing Curriculum Advisory Committee is created to develop and make recommendations on a uniform pre-nursing curriculum for undergraduate professional nursing programs offered by institutions of higher education. The advisory committee consists of at least 16 members as follows:
(1) the commissioner of higher education or the commissioner's designee;
(2) the executive director of the Texas Board of Nursing or the executive director's designee;
(3) two representatives of professional nursing associations, appointed by the board; and
(4) a representative from the undergraduate professional nursing programs offered by at least 12 institutions of higher education, appointed by the board in accordance with the following:
(A) at least three representatives must be from junior colleges;
(B) at least three representatives must be from general academic teaching institutions; and
(C) at least three representatives must be from health science centers.
(c) The members of the advisory committee may not receive compensation for their service.
(d) The advisory committee shall assess, as of September 1, 2015:
(1) the prerequisite courses that are required for each undergraduate professional nursing program in this state; and
(2) the ability of a student to use course credit earned at one institution of higher education to qualify for consideration for admission to an undergraduate professional nursing program offered by another institution of higher education.
(e) The advisory committee shall develop and make recommendations regarding the creation of a uniform pre-nursing curriculum. Recommendations under this section must specify:
(1) the prerequisite courses that a student must complete to qualify for consideration for admission to each undergraduate professional nursing program offered by an institution of higher education; and
(2) the content for the courses under Subdivision (1).
(f) Not later than December 1, 2016, the advisory committee shall prepare and submit to the legislature and to each standing legislative committee with primary jurisdiction over higher education a report containing the committee's findings under this section, including the recommended uniform pre-nursing curriculum.
(g) This section expires January 1, 2017.
SECTION 2. Not later than January 1, 2016, the Texas Higher Education Coordinating Board shall make the appointments to the Uniform Pre-Nursing Curriculum Advisory Committee required under Section 61.0261(b), Education Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.
HB 1902 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Howard called up with senate amendments for consideration at this time,
HB 1902, A bill to be entitled An Act relating to the regulation and use of graywater and alternative onsite water.
Representative Howard moved to concur in the senate amendments to HB 1902.
The motion to concur in the senate amendments to HB 1902 prevailed by (Record 1283): 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; 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; 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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; Márquez(C).
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes.
Senate Committee Substitute
CSHB 1902, A bill to be entitled An Act relating to the regulation and use of graywater and alternative onsite water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.039, Health and Safety Code, is amended to read as follows:
Sec. 341.039. [GRAYWATER] STANDARDS FOR GRAYWATER AND ALTERNATIVE ONSITE WATER. (a) The commission by rule shall adopt and implement minimum standards for the indoor and outdoor use and reuse of treated graywater and alternative onsite water for:
(1) irrigation and other agricultural purposes;
(2) domestic use, to the extent consistent with Subsection (c);
(3) commercial purposes; and
(4) industrial purposes.
(a-1) The standards adopted by the commission under Subsection (a)(2) must allow the use of graywater and alternative onsite water for toilet and urinal flushing.
(b) The standards adopted by the commission under Subsection (a) must assure that the use of graywater or alternative onsite water is not a nuisance and does not threaten human health or damage the quality of surface water and groundwater in this state.
(b-1) The commission by rule may adopt and implement rules providing for the inspection and annual testing of a graywater or alternative onsite water system by the commission.
(b-2) The commission shall develop and make available to the public a regulatory guidance manual to explain the rules adopted under this section.
(c) The commission may not require a permit for the domestic use of less than 400 gallons of graywater or alternative onsite water each day if the water [graywater]:
(1) originates from a private residence;
(2) is used by the occupants of that residence for gardening, composting, [or] landscaping, or indoor use as allowed by rule, including toilet or urinal flushing, at the residence;
(3) is collected using a system that may be diverted [overflows] into a sewage collection or on-site wastewater treatment and disposal system;
(4) is, if required by rule, stored in surge tanks that:
(A) are clearly labeled as nonpotable water;
(B) restrict access, especially to children; and
(C) eliminate habitat for mosquitoes and other vectors;
(5) uses piping clearly identified as a nonpotable water conduit, including identification through the use of purple pipe, purple tape, or similar markings;
(6) is generated without the formation of ponds or pools of graywater or alternative onsite water;
(7) does not create runoff across the property lines or onto any paved surface; and
(8) is distributed by a surface or subsurface system that does not spray into the air.
(d) Each builder is encouraged to:
(1) install plumbing in new housing in a manner that provides the capacity to collect graywater or alternative onsite water from all allowable sources; and
(2) design and install a subsurface graywater or alternative onsite water system around the foundation of new housing in a way that minimizes foundation movement or cracking.
(e) In this section:
(1) "Alternative onsite water" means rainwater, air-conditioner condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission.
(2) "Graywater" [, "graywater"] means wastewater from clothes-washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. The term does not include wastewater:
(A) [(1)] that has come in contact with toilet waste;
(B) [(2)] from the washing of material, including diapers, soiled with human excreta; or
(C) [(3)] from sinks used for food preparation or disposal.
SECTION 2. Section 366.012(a), Health and Safety Code, is amended to read as follows:
(a) To assure the effective and efficient administration of this chapter, the commission shall:
(1) adopt rules governing the installation of on-site sewage disposal systems, including rules concerning the:
(A) review and approval of on-site sewage disposal systems; and
(B) temporary waiver of a permit for an emergency repair; and
(2) adopt rules under this chapter that:
(A) encourage the use of economically feasible alternative techniques and technologies for on-site sewage disposal systems that can be used in soils not suitable for conventional on-site sewage disposal;
(B) address the separation of graywater, as defined by Section 341.039, in a residence served by an on-site sewage disposal system; [and]
(C) allow for an adjustment in the size required of an on-site sewage disposal system if the system is used in conjunction with a graywater system that complies with the rules adopted under Section 341.039; and
(D) require on-site sewage disposal systems, including risers and covers, installed after September 1, 2012, to be designed to prevent access to the system by anyone other than:
(i) the owner of the system; or
(ii) a person described by Section 366.071(a) or (b).
SECTION 3. Section 26.0311, Water Code, is amended by amending Subsection (a) and adding Subsection (b-1) to read as follows:
(a) In this section, "graywater" has the meaning provided by Section 341.039, Health and Safety Code [means wastewater from clothes washing machines, showers, bathtubs, handwashing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. The term does not include wastewater:
[(1)
that has come in contact with toilet waste;
[(2)
from the washing of material, including diapers, soiled with human excreta; or
[(3)
from sinks used for food preparation or disposal].
(b-1) The standards adopted by the commission under Subsection (b)(2) must allow the use of graywater for toilet and urinal flushing.
SECTION 4. The Texas Commission on Environmental Quality shall adopt the standards required by Sections 341.039 and 366.012, Health and Safety Code, as amended by this Act, and Section 26.0311, Water Code, as amended by this Act, not later than January 1, 2017.
SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.
HB 3003 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative S. Thompson called up with senate amendments for consideration at this time,
HB 3003, A bill to be entitled An Act relating to the appointment of counsel in certain suits affecting the parent-child relationship.
Representative S. Thompson moved to concur in the senate amendments to HB 3003.
The motion to concur in the senate amendments to HB 3003 prevailed by (Record 1284): 142 Yeas, 2 Nays, 1 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; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Stickland; Tinderholt.
Present, not voting — Mr. Speaker.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; Wu.
STATEMENTS OF VOTE
When Record No. 1284 was taken, I was shown voting no. I intended to vote yes.
Stickland
When Record No. 1284 was taken, I was shown voting no. I intended to vote yes.
Tinderholt
Senate Committee Substitute
CSHB 3003, A bill to be entitled An Act relating to the appointment of counsel in certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 107, Family Code, is amended by adding Subchapters E and F to read as follows:
SUBCHAPTER E. OFFICE OF CHILD REPRESENTATION AND OFFICE OF PARENT REPRESENTATION
Sec. 107.061. DEFINITION. In this subchapter, "governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.
Sec. 107.062. APPLICABILITY. This subchapter applies to a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment of an attorney is required under Section 107.012 or 107.013.
Sec. 107.063. NONPROFIT FUNDING. This subchapter does not limit or prevent a nonprofit corporation from receiving and using money obtained from other entities to provide legal representation and services as authorized by this subchapter.
Sec. 107.064. OFFICE OF CHILD REPRESENTATION. An office of child representation is an entity that uses public money to provide legal representation and services for a child in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child in which appointment is mandatory for a child under Section 107.012.
Sec. 107.065. OFFICE OF PARENT REPRESENTATION. An office of parent representation is an entity that uses public money to provide legal representation and services for a parent in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment is mandatory for a parent under Section 107.013.
Sec. 107.066. CREATION OF OFFICE OF CHILD REPRESENTATION OR OFFICE OF PARENT REPRESENTATION. (a) An office described by Section 107.064 or 107.065 may be a governmental entity or a nonprofit corporation operating under a written agreement with a governmental entity, other than an individual judge or court.
(b) The commissioners court of any county, on written approval of a judge of a statutory county court or a district court having family law jurisdiction in the county, may create an office of child representation, an office of parent representation, or both offices by establishing a department of the county or designating under a contract a nonprofit corporation to perform the duties of an office.
(c) The commissioners courts of two or more counties may enter into a written agreement to jointly create and jointly fund a regional office of child representation, a regional office of parent representation, or both regional offices.
(d) In creating an office of child representation or office of parent representation under this section, the commissioners court shall specify or the commissioners courts shall jointly specify, as applicable:
(1) the duties of the office;
(2) the types of cases to which the office may be appointed under this chapter and the courts in which an attorney employed by the office may be required to appear;
(3) if the office is a nonprofit corporation, the term during which the contract designating the office is effective and how that contract may be renewed on expiration of the term; and
(4) if an oversight board is established under Section 107.072 for the office, the powers and duties that have been delegated to the oversight board.
Sec. 107.067. NONPROFIT AS OFFICE. (a) Before contracting with a nonprofit corporation to serve as an office of child representation or office of parent representation, the commissioners court or commissioners courts, as applicable, must solicit proposals for the office.
(b) After considering each proposal for an office of child representation or office of parent representation submitted by a nonprofit corporation, the commissioners court or commissioners courts, as applicable, shall select a proposal that reasonably demonstrates that the office will provide adequate quality representation for children for whom appointed counsel is required under Section 107.012 or for parents for whom appointed counsel is required under Section 107.013, as applicable.
(c) The total cost of the proposal may not be the sole consideration in selecting a proposal.
Sec. 107.068. PLAN OF OPERATION FOR OFFICE. The applicable commissioners court or commissioners courts shall require a written plan of operation from an entity serving as an office of child representation or office of parent representation. The plan must include:
(1) a budget for the office, including salaries;
(2) a description of each personnel position, including the chief counsel position;
(3) the maximum allowable caseloads for each attorney employed by the office;
(4) provisions for training personnel and attorneys employed by the office;
(5) a description of anticipated overhead costs for the office;
(6) policies regarding the use of licensed investigators and expert witnesses by the office; and
(7) a policy to ensure that the chief of the office and other attorneys employed by the office do not provide representation to a child, a parent, or an alleged father, as applicable, if doing so would create a conflict of interest.
Sec. 107.069. OFFICE PERSONNEL. (a) An office of child representation or office of parent representation must be directed by a chief counsel who:
(1) is a member of the State Bar of Texas;
(2) has practiced law for at least three years; and
(3) has substantial experience in the practice of child welfare law.
(b) An office of child representation or office of parent representation may employ attorneys, licensed investigators, licensed social workers, and other personnel necessary to perform the duties of the office as specified by the commissioners court or commissioners courts.
(c) An attorney for the office of child representation or office of parent representation must comply with any applicable continuing education and training requirements of Sections 107.004 and 107.0131 before accepting representation.
(d) Except as authorized by this chapter, the chief counsel and other attorneys employed by an office of child representation or office of parent representation may not:
(1) engage in the private practice of child welfare law; or
(2) accept anything of value not authorized by this chapter for services rendered under this chapter.
(e) A judge may remove from a case a person who violates Subsection (d).
Sec. 107.070. APPOINTMENTS IN COUNTY IN WHICH OFFICE CREATED. (a) If there is an office of child representation or office of parent representation serving a county, a court in that county shall appoint for a child or parent, as applicable, an attorney from the office in a suit filed in the county by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child, unless there is a conflict of interest or other reason to appoint a different attorney from the list maintained by the court of attorneys qualified for appointment under Section 107.012 or 107.013.
(b) An office of child representation or office of parent representation may not accept an appointment if:
(1) a conflict of interest exists;
(2) the office has insufficient resources to provide adequate representation;
(3) the office is incapable of providing representation in accordance with the rules of professional conduct;
(4) the appointment would require one or more attorneys at the office to have a caseload that exceeds the maximum allowable caseload; or
(5) the office shows other good cause for not accepting the appointment.
(c) An office of parent representation may investigate the financial condition of any person the office is appointed to represent under Section 107.013. The office shall report the results of the investigation to the appointing judge. The judge may hold a hearing to determine if the person is indigent and entitled to appointment of representation under Section 107.013.
(d) If it is necessary to appoint an attorney who is not employed by an office of child representation or office of parent representation for one or more parties, the attorney is entitled to the compensation provided by Section 107.015.
Sec. 107.071. FUNDING OF OFFICE. An office of child representation or office of parent representation is entitled to receive money for personnel costs and expenses incurred in operating as an office in amounts set by the commissioners court and paid out of the appropriate county fund, or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the office serves more than one county.
Sec. 107.072. OVERSIGHT BOARD. (a) The commissioners court of a county or the commissioners courts of two or more counties may establish an oversight board for an office of child representation or office of parent representation created in accordance with this subchapter.
(b) A commissioners court that establishes an oversight board under this section shall appoint members of the board. Members may include one or more of the following:
(1) an attorney with substantial experience in child welfare law;
(2) the judge of a trial court having family law jurisdiction in the county or counties for which the office was created;
(3) a county commissioner; and
(4) a county judge.
(c) A commissioners court may delegate to the oversight board any power or duty of the commissioners court to provide oversight of an office of child representation or office of parent representation under this subchapter, including:
(1) recommending selection and removal of a chief counsel of the office;
(2) setting policy for the office; and
(3) developing a budget proposal for the office.
(d) An oversight board established under this section may not access privileged or confidential information.
(e) A judge who serves on an oversight board under this section has judicial immunity in a suit arising from the performance of a power or duty described by Subsection (c).
SUBCHAPTER F. MANAGED ASSIGNED COUNSEL PROGRAM FOR THE REPRESENTATION OF CERTAIN CHILDREN AND PARENTS
Sec. 107.101. DEFINITIONS. In this subchapter:
(1) "Governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.
(2) "Program" means a managed assigned counsel program created under this subchapter.
Sec. 107.102. MANAGED ASSIGNED COUNSEL PROGRAM. (a) A managed assigned counsel program may be operated with public money for the purpose of appointing counsel to provide legal representation and services for a child or parent in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child in which appointment is mandatory for a child under Section 107.012 or for a parent under Section 107.013.
(b) The program may be operated by a governmental entity, nonprofit corporation, or local bar association under a written agreement with a governmental entity, other than an individual judge or court.
Sec. 107.103. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM. (a) The commissioners court of a county, on written approval of a judge of a statutory county court or a district court having family law jurisdiction in the county, may appoint a governmental entity, nonprofit corporation, or local bar association to operate a managed assigned counsel program for the legal representation of:
(1) a child in a suit in which appointment is mandatory under Section 107.012; or
(2) a parent in a suit in which appointment is mandatory under Section 107.013.
(b) The commissioners courts of two or more counties may enter into a written agreement to jointly appoint and fund a governmental entity, nonprofit corporation, or bar association to operate a program that provides legal representation for children, parents, or both children and parents.
(c) In appointing an entity to operate a program under this subchapter, the commissioners court shall specify or the commissioners courts shall jointly specify:
(1) the types of cases in which the program may appoint counsel under this section, and the courts in which the counsel appointed by the program may be required to appear; and
(2) the term of any agreement establishing a program and how the agreement may be terminated or renewed.
Sec. 107.104. PLAN FOR PROGRAM REQUIRED. The commissioners court or commissioners courts shall require a written plan of operation from an entity operating a program under this subchapter. The plan of operation must include:
(1) a budget for the program, including salaries;
(2) a description of each personnel position, including the program's director;
(3) the maximum allowable caseload for each attorney appointed under the program;
(4) provisions for training personnel of the program and attorneys appointed under the program;
(5) a description of anticipated overhead costs for the program;
(6) a policy regarding licensed investigators and expert witnesses used by attorneys appointed under the program;
(7) a policy to ensure that appointments are reasonably and impartially allocated among qualified attorneys; and
(8) a policy to ensure that an attorney appointed under the program does not accept appointment in a case that involves a conflict of interest for the attorney.
Sec. 107.105. PROGRAM DIRECTOR; PERSONNEL. (a) Unless a program uses a review committee appointed under Section 107.106, a program under this subchapter must be directed by a person who:
(1) is a member of the State Bar of Texas;
(2) has practiced law for at least three years; and
(3) has substantial experience in the practice of child welfare law.
(b) A program may employ personnel necessary to perform the duties of the program and enter into contracts necessary to perform the program's duties as specified by the commissioners court or commissioners courts under this subchapter.
Sec. 107.106. REVIEW COMMITTEE. (a) The governmental entity, nonprofit corporation, or local bar association operating a program may appoint a review committee of three or more individuals to approve attorneys for inclusion on the program's public appointment list.
(b) Each member of the committee:
(1) must meet the requirements described by Section 107.105(a) for the program director;
(2) may not be employed as a prosecutor; and
(3) may not be included on or apply for inclusion on the public appointment list.
Sec. 107.107. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT LIST. (a) The judge of a county served by a program shall make any appointment required under Section 107.012 or 107.013 in a suit filed in the county by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child from the program's public appointment list, unless there is a conflict of interest or other reason to appoint a different attorney from the list maintained by the court of attorneys qualified for appointment under Section 107.012 or 107.013.
(b) The program's public appointment list from which an attorney is appointed under this section must contain the names of qualified attorneys, each of whom:
(1) applies to be included on the list;
(2) meets any applicable requirements, including any education and training programs required under Sections 107.004 and 107.0131; and
(3) is approved by the program director or review committee, as applicable.
Sec. 107.108. FUNDING OF PROGRAM. (a) A program is entitled to receive money for personnel costs and expenses incurred in amounts set by the commissioners court and paid out of the appropriate county fund or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the program serves more than one county.
(b) An attorney appointed under the program is entitled to reasonable fees as provided by Section 107.015.
SECTION 2. This Act takes effect September 1, 2015.
HB 100 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Zerwas called up with senate amendments for consideration at this time,
HB 100, A bill to be entitled An Act relating to authorizing the issuance of revenue bonds to fund capital projects at public institutions of higher education.
Representative Zerwas moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 100.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 100: Zerwas, chair; Ashby, Otto, Clardy, and Howard.
HB 482 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Geren called up with senate amendments for consideration at this time,
HB 482, A bill to be entitled An Act relating to allowing the holder of a brewpub license to sell ale and malt liquor to certain wholesalers.
Representative Geren moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 482.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 482: Geren, chair; Kuempel, Schubert, Smith, and Gutierrez.
SB 684 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative G. Bonnen, the house granted the request of the senate for the appointment of a Conference Committee on SB 684.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 684: G. Bonnen, chair; Muñoz, Huberty, Guerra, and Murr.
HB 751 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Zerwas submitted the following conference committee report on HB 751:
Austin, Texas, May 18, 2015
The Honorable Dan Patrick
President of the Senate
The Honorable Joe Straus
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 751 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the senate
On the part of the house
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HB 751, A bill to be entitled An Act relating to the prescription and pharmaceutical substitution of biological products; amending provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 562.001, Occupations Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to read as follows:
(1) "Biological product" has the meaning assigned by Section 351, Public Health Service Act (42 U.S.C. Section 262).
(1-a) "Generically equivalent" means a drug that is pharmaceutically equivalent and therapeutically equivalent to the drug prescribed.
(1-b) "Interchangeable," in reference to a biological product, has the meaning assigned by Section 351, Public Health Service Act (42 U.S.C. Section 262), or means a biological product that is designated as therapeutically equivalent to another product by the United States Food and Drug Administration in the most recent edition or supplement of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book.
SECTION 2. Section 562.002, Occupations Code, is amended to read as follows:
Sec. 562.002. LEGISLATIVE INTENT. It is the intent of the legislature to save consumers money by allowing the substitution of lower-priced generically equivalent drug products for certain brand name drug products and the substitution of interchangeable biological products for certain biological products and for pharmacies and pharmacists to pass on the net benefit of the lower costs of the generically equivalent drug product or interchangeable biological product to the purchaser.
SECTION 3. Section 562.003, Occupations Code, is amended to read as follows:
Sec. 562.003. DISCLOSURE OF PRICE; PATIENT'S OPTION. If the price of a drug or biological product to a patient is lower than the amount of the patient's copayment under the patient's prescription drug insurance plan, the pharmacist shall offer the patient the option of paying for the drug or biological product at the lower price instead of paying the amount of the copayment.
SECTION 4. Section 562.005, Occupations Code, is amended to read as follows:
Sec. 562.005. RECORD OF DISPENSED DRUG OR BIOLOGICAL PRODUCT. A pharmacist shall record on the prescription form the name, strength, and manufacturer or distributor of a drug or biological product dispensed as authorized by this subchapter.
SECTION 5. Subchapter A, Chapter 562, Occupations Code, is amended by adding Section 562.0051 to read as follows:
Sec. 562.0051. COMMUNICATION REGARDING CERTAIN DISPENSED BIOLOGICAL PRODUCTS. (a) Not later than the third business day after the date of dispensing a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescribing practitioner the specific product provided to the patient, including the name of the product and the manufacturer or national drug code number.
(b) The communication must be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy benefit management system or a pharmacy record, which may include information submitted for the payment of claims, that a pharmacist reasonably concludes is electronically accessible by the prescribing practitioner. Otherwise, the pharmacist or the pharmacist's designee shall communicate the biological product dispensed to the prescribing practitioner, using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication is not required if:
(1) there is no interchangeable biological product approved by the United States Food and Drug Administration for the product prescribed; or
(2) a refill prescription is not changed from the product dispensed on the prior filling of the prescription.
(c) This section expires September 1, 2019.
SECTION 6. Section 562.006, Occupations Code, is amended to read as follows:
Sec. 562.006. LABEL. (a) Unless otherwise directed by the practitioner, the label on the dispensing container must indicate the actual drug or biological product dispensed, indicated by either:
(1) the brand name; or
(2) if there is not a brand name, the drug's generic name or the name of the biological product, the strength of the drug or biological product, and the name of the manufacturer or distributor of the drug or biological product.
(b) [(a-1)] In addition to the information required by Subsection (a), the label on the dispensing container of a drug or biological product dispensed by a Class A or Class E pharmacy must indicate:
(1) the name, address, and telephone number of the pharmacy;
(2) the date the prescription is dispensed;
(3) the name of the prescribing practitioner;
(4) the name of the patient or, if the drug or biological product was prescribed for an animal, the species of the animal and the name of the owner;
(5) instructions for use;
(6) the quantity dispensed;
(7) if the drug or biological product is dispensed in a container other than the manufacturer's original container, the date after which the prescription should not be used, determined according to criteria established by board rule based on standards in the United States Pharmacopeia-National Formulary; and
(8) any other information required by board rule.
(c) [(a-2)] The information required by Subsection (b)(7) [(a-1)(7)] may be recorded on any label affixed to the dispensing container.
(d) [(a-3)] Subsection (b) [(a-1)] does not apply to a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication.
(e) [(b)] If a drug or biological product has been selected other than the one prescribed, the pharmacist shall place on the container the words "Substituted for brand prescribed" or "Substituted for 'brand name'" where "brand name" is the name of the brand name drug or biological product prescribed.
(f) [(c)] The board shall adopt rules requiring the label on a dispensing container to be in plain language and printed in an easily readable font size for the consumer.
SECTION 7. Section 562.008, Occupations Code, is amended to read as follows:
Sec. 562.008. GENERIC EQUIVALENT OR INTERCHANGEABLE BIOLOGICAL PRODUCT AUTHORIZED. (a) If a practitioner certifies on the prescription form that a specific prescribed brand is medically necessary, the pharmacist shall dispense the drug or biological product as written by the practitioner. The certification must be made as required by the dispensing directive adopted under Section 562.015. This subchapter does not permit a pharmacist to substitute a generically equivalent drug or interchangeable biological product unless the substitution is made as provided by this subchapter.
(b) Except as otherwise provided by this subchapter, a pharmacist who receives a prescription for a drug or biological product for which there is one or more generic equivalents or one or more interchangeable biological products may dispense any of the generic equivalents or interchangeable biological products.
SECTION 8. The heading to Section 562.009, Occupations Code, is amended to read as follows:
Sec. 562.009. REQUIREMENTS CONCERNING SELECTION OF GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT.
SECTION 9. Sections 562.009(a), (b), (c), and (d), Occupations Code, are amended to read as follows:
(a) Before delivery of a prescription for a generically equivalent drug or interchangeable biological product, a pharmacist must personally, or through the pharmacist's agent or employee:
(1) inform the patient or the patient's agent that a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed; and
(2) ask the patient or the patient's agent to choose between the generically equivalent drug or interchangeable biological product and the brand prescribed.
(b) A pharmacy is not required to comply with the provisions of Subsection (a):
(1) in the case of the refill of a prescription for which the pharmacy previously complied with Subsection (a) with respect to the same patient or patient's agent; or
(2) if the patient's physician or physician's agent advises the pharmacy that:
(A) the physician has informed the patient or the patient's agent that a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed; and
(B) the patient or the patient's agent has chosen either the brand prescribed or the less expensive generically equivalent drug or interchangeable biological product.
(c) A pharmacy that supplies a prescription by mail is considered to have complied with the provisions of Subsection (a) if the pharmacy includes on the prescription order form completed by the patient or the patient's agent language that clearly and conspicuously:
(1) states that if a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug or interchangeable biological product and the brand prescribed; and
(2) allows the patient or the patient's agent to indicate the choice between [of] the generically equivalent drug or interchangeable biological product and [or] the brand prescribed.
(d) If the patient or the patient's agent fails to indicate otherwise to a pharmacy on the prescription order form under Subsection (c), the pharmacy may dispense a generically equivalent drug or interchangeable biological product.
SECTION 10. Section 562.010, Occupations Code, is amended to read as follows:
Sec. 562.010. RESPONSIBILITY CONCERNING GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT; LIABILITY. (a) A pharmacist who selects a generically equivalent drug or interchangeable biological product to be dispensed under this subchapter assumes the same responsibility for selecting the generically equivalent drug or interchangeable biological product as the pharmacist does in filling a prescription for a drug prescribed by generic or biological product name.
(b) The prescribing practitioner is not liable for a pharmacist's act or omission in selecting, preparing, or dispensing a drug or biological product under this subchapter.
SECTION 11. Section 562.011, Occupations Code, is amended to read as follows:
Sec. 562.011. RESTRICTION ON SELECTION OF AND CHARGING FOR GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT. (a) A pharmacist may not select a generically equivalent drug or interchangeable biological product unless the generically equivalent drug or interchangeable biological product selected costs the patient less than the prescribed drug or biological product.
(b) A pharmacist may not charge for dispensing a generically equivalent drug or interchangeable biological product a professional fee higher than the fee the pharmacist customarily charges for dispensing the brand name drug or biological product prescribed.
SECTION 12. Section 562.013, Occupations Code, is amended to read as follows:
Sec. 562.013. APPLICABILITY OF SUBCHAPTER. Unless a drug is determined to be generically equivalent to, or a biological product is determined to be interchangeable with, the brand prescribed, drug or biological product selection as authorized by this subchapter does not apply to:
(1) an enteric-coated tablet;
(2) a controlled release product;
(3) an injectable suspension, other than an antibiotic;
(4) a suppository containing active ingredients for which systemic absorption is necessary for therapeutic activity; or
(5) a different delivery system for aerosol or nebulizer drugs.
SECTION 13. Section 562.015(a), Occupations Code, is amended to read as follows:
(a) The board shall adopt rules to provide a dispensing directive to instruct pharmacists on the manner in which to dispense a drug or biological product according to the contents of a prescription. The rules adopted under this section must:
(1) require the use of the phrase "brand necessary" or "brand medically necessary" on a prescription form to prohibit the substitution of a generically equivalent drug or interchangeable biological product for a brand name drug or biological product;
(2) be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) [(29 U.S.C. Section 1181 et seq.)] and its subsequent amendments;
(3) comply with federal and state law, including rules, with regard to formatting and security requirements;
(4) be developed to coordinate with 42 C.F.R. Section 447.512 [447.331(c)]; and
(5) include an exemption for electronic prescriptions as provided by Subsection (b).
SECTION 14. Subchapter A, Chapter 562, Occupations Code, is amended by adding Section 562.016 to read as follows:
Sec. 562.016. LIST OF APPROVED INTERCHANGEABLE BIOLOGICAL PRODUCTS. The board shall maintain on the board's Internet website a link to the United States Food and Drug Administration's list of approved interchangeable biological products.
SECTION 15. (a) Chapter 562, Occupations Code, as amended by this Act, applies only to a prescription issued for a biological product on or after December 1, 2015. A prescription issued for a biological product before December 1, 2015, is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
(b) The Texas State Board of Pharmacy shall adopt rules necessary to implement the changes in law made by this Act not later than December 1, 2015.
SECTION 16. This Act takes effect September 1, 2015.
Representative Zerwas moved to adopt the conference committee report on HB 751.
The motion to adopt the conference committee report on HB 751 prevailed by (Record 1285): 144 Yeas, 0 Nays, 1 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; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; 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(C); 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; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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.
Absent, Excused — Crownover; Reynolds; Schaefer.
Absent — Dukes; González.
(Kacal in the chair)
COMMITTEE GRANTED PERMISSION TO MEET
Representative Raymond requested permission for the Committee on Human Services to meet while the house is in session, at 4 p.m. today, in 3W.9, to consider SB 206.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Human Services, 4 p.m. today, 3W.9, for a formal meeting, to consider SB 206.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of today to attend a meeting of the Committee on Local and Consent Calendars:
Dale on motion of McClendon.
Gonzales on motion of McClendon.
(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.
HR 244 (by Guerra), Honoring the individuals who are providing humanitarian assistance to immigrants in McAllen.
HR 1444 (by McClendon), Recognizing April 2015 as Minority Cancer Awareness Month.
HR 1851 (by Gonzales), Honoring the College Republicans at Texas on the 65th anniversary of its founding.
HR 1940 (by Farney), Congratulating Archie Abrameit on his retirement from the Stiles Farm Foundation in Thrall.
HR 1942 (by C. Anderson), Congratulating Dan and Leotia Morgan of China Spring on their 75th wedding anniversary.
HR 1943 (by C. Anderson), Congratulating Braden Robinson and Easton Cox of Lorena ISD on advancing to the Texas History Day statewide competition.
HR 1944 (by C. Anderson), Congratulating Vinnie Johnson on his induction into the NJCAA Men's Basketball Coaches Association Hall of Fame.
HR 1945 (by C. Anderson), Honoring Midway High School student Caroline Goodnight for her volunteer work and accomplishments.
HR 1946 (by C. Anderson), Congratulating Grant Teaff on his retirement as executive director of the American Football Coaches Association.
HR 1947 (by J. White), Commemorating the 160th anniversary of Beech Creek Baptist Church.
HR 1948 (by J. White), Congratulating Calvin Burks and Hank Bostock of the Corrigan-Camden High School fishing team on their performance at the SETX High School Fishing Association tournament on March 28, 2015.
HR 1949 (by Kuempel), Congratulating John E. Bierschwale on his retirement as deputy city manager of Schertz.
HR 1950 (by Faircloth), Recognizing Shriners Hospital for Children at Galveston for its work in the community and its commitment to burn research.
HR 1959 (by J. White), Congratulating Starla Wade on being named Student of the Week at Jasper Junior High School.
HR 1960 (by J. White), Congratulating Brittany Morris on being named Student of the Week at Jasper High School.
HR 1962 (by Leach), Recognizing Richardson Republican Women.
HR 1964 (by Sheffield), Congratulating Allen Neel on his retirement as administrator of the Coryell County Road and Bridge Department.
HR 1967 (by J. White), Recognizing the Livingston Elite Cheer team on winning National Grand Champion honors at the 2015 United Cheer National Championship.
HR 1968 (by J. White), Recognizing the Silsbee High School boys' track and field team on its performance at the Longhorn Relays.
HR 1970 (by Simmons), Congratulating Leah Olguin of Creekview High School on winning the 2015 UIL state wrestling championship in the 119-pound weight class.
HR 1971 (by C. Anderson), Commemorating the last issue of Hometown News in McLennan County.
HR 1972 (by C. Anderson), Commending former Waco firefighter Ray Wells for his heroism.
HR 1973 (by C. Anderson), Congratulating Naomi Mangum of Waco on her receipt of a 25-year service certificate from the National Society United States Daughters of 1812.
HR 1974 (by C. Anderson), Congratulating Dr. Cynthia M. Sorelle of McLennan Community College on being named the 2015 College Theatre Educator of the Year by the Texas Educational Theatre Association.
HR 1975 (by C. Anderson), Congratulating Reicher Catholic High School students who were named to the Texas Music Educators Association All-Region Choir.
HR 1976 (by Simmons), Congratulating Huffines Auto Dealerships on being named Business of the Year by the Lewisville Area Chamber of Commerce.
HR 1977 (by G. Bonnen), Commemorating the 50th anniversary of the incorporation of Kemah.
HR 1979 (by Simmons), Congratulating Alexandra Babino of Central Elementary School on being named Educator of the Year by the Lewisville Area Chamber of Commerce.
HR 1980 (by Simmons), Congratulating Von Beougher on being named Citizen of the Year by the Lewisville Area Chamber of Commerce.
HR 1981 (by Simmons), Congratulating Dan Irvin on being named Ambassador of the Year by the Lewisville Area Chamber of Commerce.
HR 1984 (by J. White), Congratulating the One-Act Play team from Silsbee High School on advancing to University Interscholastic League bi-district competition.
HR 1985 (by E. S. Turner), Commending the members of the Rockwall County Republican Women for their civic engagement.
HR 1986 (by E. S. Turner), Commending the members of the Frisco Area Republican Women for their civic engagement.
HR 1987 (by E. S. Turner), Honoring the Republican Women of North Collin County on the occasion of Texas Federation of Republican Women Day at the State Capitol.
HR 1988 (by E. S. Turner), Recognizing the city of Rockwall and welcoming residents from the city to the State Capitol.
HR 1990 (by Herrero), Commending the Corpus Christi Chapter of the American Heart Association for its efforts to raise awareness about cardiovascular health.
HR 1991 (by Herrero), Congratulating the Westside Business Association of Corpus Christi on its 36th anniversary and recognizing its 2015 Cinco de Mayo celebration.
HR 1993 (by Smith), Commemorating the 30th anniversary of the Economic Alliance Houston Port Region.
HR 2026 (by Morrison), Congratulating Petty Officer First Class Sherrae Brissette on her retirement from the U.S. Navy.
HR 2030 (by C. Anderson), Congratulating Elsa Luciano of University High School on competing in the regional-level Visual Arts Scholastic Event.
HR 2031 (by C. Anderson), Congratulating Aaron Peña of Woodway Elementary School on his selection as a regional finalist for an HEB Excellence in Education Award.
HR 2032 (by C. Anderson), Congratulating the Robinson High School boys' cross-country team on placing third at the 2014 UIL Cross Country State Championships.
HR 2033 (by C. Anderson), Congratulating Moody High School students Cody Hubbard and Drew Hargrove on their participation in the 2014-2015 Faith Angler Network high school fishing tournament.
HR 2034 (by C. Anderson), Commemorating the 70th anniversary of Circle Hardware Supply in Waco.
HR 2037 (by Herrero), Commemorating the observance of National Crime Victims' Rights Week in Corpus Christi on April 19-25, 2015.
HR 2038 (by Herrero), Congratulating Senior Corporal Charlie Ramirez on his retirement from the Texas Department of Public Safety.
HR 2039 (by Herrero), Congratulating James Sanchez for winning the 2015 Dan Klepper Memorial Scholarship.
HR 2043 (by J. White and McClendon), Congratulating Freddy James Anderson of San Antonio on his induction into the Prairie View Interscholastic League Coaches Association Hall of Fame.
HR 2044 (by Israel), Congratulating Evan Gonzales on his selection as the 2015 Teacher of the Year at Dobie Middle School.
HR 2045 (by Israel), Congratulating Jose Maganda on his selection as the 2015 Teacher of the Year at Walnut Creek Elementary School.
HR 2046 (by Israel), Congratulating Susan Porter on her selection as the 2015 Teacher of the Year at Summitt Elementary School.
HR 2047 (by Israel), Congratulating Samara Davis on her selection as the 2015 Teacher of the Year at Guerrero Thompson Elementary School.
HR 2048 (by Israel), Congratulating Andreas Frangeskou on his selection as the 2015 Teacher of the Year at Graham Elementary School.
HR 2049 (by Israel), Congratulating Emily Danford on her selection as the 2015 Teacher of the Year at Dobie Pre-Kindergarten Center.
HR 2050 (by Israel), Congratulating Aimee Edwards on her selection as the 2015 Teacher of the Year at Davis Elementary School.
HR 2051 (by Israel), Congratulating Daryl Baker on her selection as the 2015 Teacher of the Year at Barrington Elementary School.
HR 2052 (by Hughes), Congratulating U.S. district judge Leonard Davis on his retirement.
HR 2057 (by Hughes), Congratulating Homer Jones on his induction into the Texas Black Sports Hall of Fame.
HR 2058 (by Hughes), Congratulating Marcus Hill of Watauga on his receipt of a Lifetime Achievement Award from Texas Agricultural Lifetime Leadership.
HR 2059 (by Israel), Honoring Leslie Jackson on being named the 2014-2015 Hendrickson High School Teacher of the Year.
HR 2060 (by Hughes), Congratulating David Sheffield of Quitman on his designation as an Eighth Degree Black Belt Grand Master.
HR 2061 (by Israel), Honoring Margaret Danforth on being named the 2014-2015 Brookhollow Elementary School Teacher of the Year.
HR 2062 (by Hughes), Commemorating the 100th anniversary of the dedication of the First United Methodist Church building in Troup.
HR 2064 (by Israel), Honoring Paul Crocker on being named the 2014-2015 John B. Connally High School Teacher of the Year.
HR 2065 (by Hughes), Congratulating Grady Jones of Hughes Springs on his 95th birthday.
HR 2066 (by Hughes), Congratulating Gaylon and Jean Moore of Scroggins on their 50th wedding anniversary.
HR 2067 (by Hughes), Congratulating Claude and Mary Cutrell of Daingerfield on their 50th wedding anniversary.
HR 2068 (by Israel), Honoring Jessica Evans on being named the 2014-2015 Westview Middle School Teacher of the Year.
HR 2069 (by Israel), Honoring Jennifer Ziegler on being named the 2014-2015 Caldwell Elementary School Teacher of the Year.
HR 2070 (by Israel), Honoring Elisabeth Kusano on being named the 2014-2015 Kelly Lane Middle School Teacher of the Year.
HR 2071 (by Hughes), Congratulating Ed and Anne Watts of Lindale on their 50th wedding anniversary.
HR 2072 (by Israel), Honoring Julianne Gaskin on being named the 2014-2015 Dessau Middle School Teacher of the Year.
HR 2073 (by Israel), Honoring Gayle Chin on being named the 2014-2015 Copperfield Elementary School Teacher of the Year.
HR 2074 (by Israel), Honoring Wyndie Wingate on being named the 2014-2015 Cele Middle School Teacher of the Year.
HR 2075 (by Israel), Honoring Sylvia Bartles on being named the 2014-2015 Dessau Elementary School Teacher of the Year.
HR 2076 (by Hughes), Congratulating Clidell Elliott of Troup on her 100th birthday.
HR 2077 (by Israel), Honoring Lorraine Huber on being named the 2014-2015 Rowe Lane Elementary School Teacher of the Year.
HR 2078 (by Israel), Honoring Chandra White on being named the 2014-2015 Delco Primary School Teacher of the Year.
HR 2080 (by Hughes), Congratulating James and Brenda McClenny of Mineola on their 50th wedding anniversary.
HR 2081 (by Israel), Honoring Cathy Duong on being named the 2014-2015 Highland Park Elementary Teacher of the Year.
HR 2082 (by Israel), Honoring Blanca Rowley on being named the 2014-2015 River Oaks Elementary School Teacher of the Year.
HR 2084 (by Israel), Honoring Didi Ramsey on being named the 2014-2015 Murchison Elementary School Teacher of the Year.
HR 2085 (by Israel), Honoring Elizabeth Bope on being named the 2014-2015 Parmer Lane Elementary School Teacher of the Year.
HR 2086 (by Israel), Honoring Rita King on being named the 2014-2015 Northwest Elementary School Teacher of the Year.
HR 2089 (by E. S. Turner), Commemorating the centennial year of the city of Prosper.
HR 2090 (by E. S. Turner), Congratulating Chief Mark Moeller on his retirement from the Rockwall Police Department.
HR 2091 (by E. S. Turner), Honoring the Frisco Garden Club.
HR 2092 (by E. S. Turner), Commending the work of Friends of the Rockwall County Library.
HR 2094 was previously adopted.
HR 2095 (by Goldman), Commemorating the 125th anniversary of the YMCA of Metropolitan Fort Worth.
HR 2096 (by Blanco), Commemorating the 100th anniversary of the Ysleta Independent School District in 2015.
HR 2100 (by J. White), Commemorating the centennial of the Corrigan Masonic Lodge.
HR 2102 (by Herrero), Congratulating Jasiah Patterson of West Oso High School on being chosen a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2103 (by Herrero), Congratulating Creighton Avery of West Oso High School on being chosen as Newcomer of the Year in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2104 (by Herrero), Congratulating Breon Muckelroy of Miller High School on being chosen as a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2105 (by Herrero), Congratulating Xavier Lewis of Mary Carroll High School on being chosen a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2106 (by Herrero), Congratulating Karl Turk of West Oso High School on being chosen as Coach of the Year in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2107 (by Herrero), Congratulating Victoria Salinas of W. B. Ray High School on being chosen as a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2108 (by Herrero), Congratulating Lexi Ruiz of Tuloso-Midway High School on being chosen as a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2109 (by Herrero), Congratulating Victoria Blankenship of West Oso High School on being chosen as a member of the first team in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2110 (by Herrero), Congratulating Darias Whittington of Mary Carroll High School on being chosen as the 2015 Most Valuable Player in the Corpus Christi Caller-Times All-South Texas basketball awards selections.
HR 2111 (by González), Honoring Dr. Kevin Foster of The University of Texas at Austin for his contributions to education.
HR 2114 (by Bohac), Congratulating Matthew Aaron Goodrum of Houston on achieving the rank of Eagle Scout.
HR 2115 (by Bohac), Congratulating Joshua Clifford Cox of Houston on attaining the rank of Eagle Scout.
HR 2116 (by Bohac), Congratulating William Colin Nelson of Houston on attaining the rank of Eagle Scout.
HR 2117 (by Bohac), Congratulating John Daniel Bunch of Houston on attaining the rank of Eagle Scout.
HR 2118 (by Bohac), Congratulating Alex Dodd of Houston on attaining the rank of Eagle Scout.
HR 2119 (by Bohac), Congratulating Jason Ian Thomas of Bellaire on attaining the rank of Eagle Scout.
HR 2120 (by Bohac), Congratulating Jay Robert Kennedy of Houston on attaining the rank of Eagle Scout.
HR 2121 (by Bohac), Congratulating Austin Clark of Houston on attaining the rank of Eagle Scout.
HR 2122 (by Bohac), Congratulating Paul H. Rush of Hunters Creek on attaining the rank of Eagle Scout.
HR 2125 (by J. White), Honoring students from Kountze High School who competed in the Houston Livestock Show and Rodeo School Art contest.
HR 2128 (by Tinderholt), Honoring Officer Richard Hernandez for his 25 years of service with the Arlington Police Department.
HR 2129 (by Tinderholt), Honoring Officer Thomas Stellato for his 25 years of service with the Arlington Police Department.
HR 2130 (by Tinderholt), Honoring Lieutenant Kelly Velder for his 25 years of service with the Arlington Police Department.
HR 2131 (by Tinderholt), Honoring Officer Bill Oakman for his 25 years of service with the Arlington Police Department.
HR 2132 (by Tinderholt), Honoring Officer Thomas McPhail for his 25 years of service with the Arlington Police Department.
HR 2133 (by Tinderholt), Honoring Officer Jessie Rogers for his 25 years of service with the Arlington Police Department.
HR 2134 (by Tinderholt), Honoring Sergeant Tim Anderson for his 30 years of service with the Arlington Police Department.
HR 2135 (by Tinderholt), Honoring Deputy Chief Jeff Matthews for his 30 years of service with the Arlington Police Department.
HR 2136 (by Tinderholt), Honoring Sergeant Doug Depoma for his 30 years of service with the Arlington Police Department.
HR 2137 (by Tinderholt), Honoring Officer Donna Hubbard for her 30 years of service with the Arlington Police Department.
HR 2138 (by Tinderholt), Honoring Sergeant John White for his 30 years of service with the Arlington Police Department.
HR 2139 (by Herrero), Congratulating Jasmine Green, the Texas Chapter of the American College of Sports Medicine 2015 Major of the Year for Texas A&M University--Corpus Christi.
HR 2143 (by Herrero), Honoring the H-E-B chain of grocery stores for its contributions to the Corpus Christi area on the event of the company's 110th anniversary.
HR 2144 (by Herrero), Honoring the Floyd Insurance Agency of Robstown and owner Ed Floyd.
HR 2145 (by Herrero), Recognizing May 23, 2015, as League of Women Voters of Corpus Christi Day and commemorating the 70th anniversary of the League of Women Voters of Corpus Christi.
HR 2146 (by Flynn), Congratulating the Lone Oak Independent School District on its recent honors and commending Superintendent Lance Campbell for his leadership of the district.
HR 2149 (by González), Commending Victor Perez for his service on the Socorro city council.
HR 2150 (by Simmons), Honoring the Carrollton/Farmers Branch Cyclones Special Olympics Team on its 25th anniversary.
HR 2151 (by Simmons), Congratulating Sami Gonzalez of Creekview High School in Carrollton on recording the nation's fastest time of the season in the 300-meter hurdles.
HR 2152 (by Herrero), Commending 4-H members on their selection to the 2015 4-H Shooting Sports Texas Shotgun Team and on their invitation to the 4-H Shooting Sports National Invitational.
HR 2156 (by González), Commending Socorro City Council Representative Gloria Rodriguez for her exemplary public service.
HR 2159 (by Nevárez), Commending Dr. Richardson B. Gill, Christopher Gill, Reeda Peel, and Javier Vasquez for their research on the natural history of elk in Texas.
HR 2162 (by Simpson), Honoring Johnny Cace's Seafood and Steak House for its longtime presence in the Longview community.
HR 2164 (by Herrero), Commemorating the 25th anniversary of Ronald McDonald House Charities of Corpus Christi.
HR 2165 (by Herrero), Commemorating the 100th anniversary of St. Anthony School in Robstown in 2016.
HR 2166 (by Márquez), Congratulating Dr. Richard Pineda on his receipt of the 2014 Córdova-Puchot Scholar of the Year Award.
HR 2167 (by Márquez), Congratulating El Paso Water Utilities on receiving a 2014 Sustainable Water Utility Management Award.
HR 2168 (by Márquez), Congratulating former mayor Larry Francis on his induction into the El Paso Historical Society Hall of Honor.
HR 2169 (by Márquez), Congratulating Nancy Hamilton on her induction into the Hall of Honor by the El Paso County Historical Society on November 3, 2013.
HR 2170 (by Márquez), Congratulating J. Eric Evans on his appointment to the board of directors of the Federal Reserve Bank of Dallas El Paso Branch.
HR 2171 (by Herrero), Paying tribute to the life of Deputy Constable R. R. Bledsoe of the Nueces County Constable's Office.
HR 2172 (by Herrero), Paying tribute to the life of Constable Patrick William Feely of the Nueces County Constable's Office.
HR 2173 (by Herrero), Paying tribute to the life of Sheriff Matthew Nolan of the Nueces County Sheriff's Office.
HR 2174 (by Herrero), Paying tribute to the life of Lieutenant Irvin M. Brown of the Nueces County Sheriff's Office.
HR 2175 (by Herrero), Paying tribute to the life of Deputy Sheriff Alexander Stevens Downs, Jr., of the Nueces County Sheriff's Office.
HR 2176 (by Herrero), Paying tribute to the life of Sheriff Dennis J. Kelly of the Nueces County Sheriff's Office.
HR 2177 (by Herrero), Paying tribute to the life of Deputy Sheriff Thomas Shaw of the Nueces County Sheriff's Office.
HR 2178 (by Herrero), Paying tribute to the life of Deputy Thomas Nolan of the Nueces County Sheriff's Office.
HR 2179 (by Herrero), Paying tribute to the life of Officer James Saavedra of the Port of Corpus Christi Police Department.
HR 2180 (by Herrero), Paying tribute to the life of Deputy Constable Patrick Stephen Runyon of the Nueces County Constable's Office.
HR 2181 (by Herrero), Paying tribute to the life of Constable Carl M. Bisbee of the Nueces County Constable's Office.
HR 2186 (by J. White), Congratulating Kathryne and Raegan Padgett on their achievements as members of the Hardin-Jefferson High School girls' soccer team.
HR 2187 (by González), Honoring Delia Briones for her service as county clerk of El Paso County.
HR 2193 (by Goldman), Congratulating Patrick Crawford on being named the 2015 Texas Academy of Biomedical Sciences Campus Teacher of the Year by the Fort Worth Independent School District.
HR 2196 (by J. Rodriguez), Congratulating Arturo Vargas on his 20th anniversary as executive director of the National Association of Latino Elected and Appointed Officials and NALEO Educational Fund.
HR 2199 (by Alvarado), Recognizing September 2015 as Texas Obesity Awareness Month.
HR 2200 (by Herrero), Commemorating the dedication of an Official Texas Historical Marker at St. John Lutheran Church in Bishop.
HR 2201 (by Herrero), Congratulating Corando R. Trevino on the 40th anniversary of his ownership of Modern Pharmacy in Robstown.
HR 2204 (by C. Anderson), Congratulating the Robinson FFA floriculture judging team on their third-place finish at the Tarleton Invitational FFA CDE Judging Contest.
HR 2206 (by G. Bonnen), Congratulating Cathy Supak on her induction into the Southwest Athletic Trainers' Association Hall of Fame.
HR 2208 (by G. Bonnen), Congratulating the Friendswood High School Wranglerettes on being named grand champion at the 2015 Crowd Pleasers Senior State Championship.
HR 2209 (by J. White), Congratulating Grayland Arnold of Kountze High School on being named the 2015 Super Gold Basketball MVP by the Beaumont Enterprise.
HR 2211 (by González), Honoring Fernie Madrid for his service on the San Elizario ISD Board of Trustees.
HR 2212 (by González), Honoring Vicente Delgadillo for his service on the San Elizario ISD Board of Trustees.
HR 2213 (by González), Honoring Jose Rodriguez for his service on the San Elizario ISD Board of Trustees.
HR 2214 (by J. White), Congratulating the Jasper High School girls' soccer team on its successful 2015 season.
HR 2216 (by Villalba), Congratulating Jordan Spieth on winning the 2015 Masters Tournament.
HR 2218 (by González), Honoring Antonio Araujo for his service on the San Elizario Independent School District Board of Trustees.
HR 2219 (by González), Honoring Irene D. Jaquez for her service on the San Elizario Independent School District Board of Trustees.
HR 2220 (by González), Honoring Armando Martinez for his service on the San Elizario Independent School District Board of Trustees.
HR 2221 (by S. King), Commemorating the 50th annual Armed Forces Barbecue in Abilene.
HR 2223 (by Shaheen), Congratulating the Plano West High School boys' basketball team on winning the 2015 UIL 6A state championship.
HR 2226 (by M. White), Honoring Keifer Marshall of Temple for his service during World War II.
HR 2227 (by González), Honoring Claudia Ordaz for her service on the El Paso City Council.
HR 2229 (by J. White), Congratulating Sonny and Bernice Jewell of Buna on their 50th wedding anniversary.
HR 2230 (by J. White), Congratulating Breelyn Thames of Lumberton High School on being named the Wendy's 12Star Athlete of the Week.
HR 2231 (by J. White), Congratulating former Goodrich High School girls' basketball coach Pinellafie Gilford Johnson on receiving the Milestone Coaching Award.
HR 2232 (by Alonzo), Commemorating the 30th anniversary of St. Michael the Archangel Catholic Church in Grand Prairie.
HR 2233 (by C. Anderson), Honoring C. Wayne Nance of Waco for his service in the U.S. Army during World War II.
HR 2234 (by C. Anderson), Congratulating Chase Wolf of Waco on his receipt of a scholarship from the Former Agents of the FBI Foundation.
HR 2236 (by C. Anderson), Honoring members of the Midway High School chapter of HOSA: Future Health Professionals for their exceptional generosity.
HR 2237 (by C. Anderson), Congratulating the Rapoport Academy middle school students who earned 1st Division awards at the Riesel Solo and Ensemble Festival.
HR 2238 (by C. Anderson), Congratulating the Tennyson Middle School students named to the TMEA All-Region 8 Choir.
HR 2239 (by Guerra), Commending Mujeres Unidas/Women Together for its service to Hidalgo County and the Rio Grande Valley.
HR 2240 (by Guerra), Congratulating the McAllen Independent School District Business Office on its receipt of a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association.
HR 2242 (by Button), Commemorating the 40th anniversary of the end of the war in Vietnam.
HR 2243 (by J. White), Congratulating Raylin Davis and Calum Foster of Newton High School on being named to the 2015 TABC Academic All-State Team.
HR 2245 (by Guillen), Commemorating the dedication of an Official Texas Historical Marker for Loma Sandia Prehistoric Cemetery.
HR 2247 (by Márquez), Congratulating Tropicana Homes of El Paso on being named the 2013 J. B. Sandlin Builder of the Year by the Texas Association of Builders.
HR 2248 (by Springer), Congratulating the Blue Ostrich Winery and Vineyard in Saint Jo on its selection as one of the 10 Texas Wineries Tucked Away and Worth the Drive by Texas Wine and Trail Magazine.
HR 2249 (by Springer), Congratulating Linda Fitzner of Gold-Burg High School on her nomination for a 2015 Outstanding Teacher of the Humanities Award from Humanities Texas.
HR 2250 (by Springer), Congratulating Wayne Morren on being named the Region 17 Principal of the Year by the Texas Association of Secondary School Principals.
HR 2251 (by Springer), Congratulating Haleigh Bacon and Cari Croninger of Callisburg High School on winning first place in the Division 1 animation category of the 2015 UIL State Film Contest.
HR 2253 (by Springer), Recognizing the Vahlenkamp family for 111 years of continuous operation of the family farm in Stonewall County.
HR 2254 (by Springer), Congratulating Don Reynolds of Bowie on his induction into the Texas Rodeo Cowboy Hall of Fame.
HR 2255 (by J. White), Congratulating the Buna High School girls' powerlifting team on their performance at the state meet.
HR 2257 (by J. White), Congratulating the Evadale High School girls' basketball team members who were selected for all-district honors.
HR 2258 (by J. White), Congratulating the Evadale High School boys' basketball team members who were selected for all-district honors.
HR 2259 (by J. White), Congratulating the Lumberton High School girls' track team on winning the 2015 Buc Relays Track and Field Meet.
HR 2260 (by Hunter), Recognizing April 29, 2015, as Don't mess with Texas Day.
HR 2263 (by Dutton), Congratulating Vicky Pink of Houston on her 50th birthday.
HR 2264 (by Dutton), Congratulating the 2015 recipients of a Reginald Keith Guillory Scholarship.
HR 2265 (by Dutton), Congratulating the 2015 honorees of the Reginald Keith Guillory Scholarship.
HR 2271 (by Tinderholt), Recognizing the Bowie High School Choir on the occasion of its performance at the State Capitol on May 26, 2015.
HR 2272 (by J. White), Congratulating Caleb Penney on being named Athlete of the Week at Jasper Junior High School.
HR 2273 (by J. White), Congratulating Jake Kahla on being named Athlete of the Week at Jasper Junior High School.
HR 2275 (by C. Anderson), Congratulating Midway High School students named as 2015 Texas All-State Choir members by the Texas Music Educators Association.
HR 2276 (by C. Anderson), Honoring the Kiwanis Club of Waco Seniors for its contributions to the community.
HR 2277 (by C. Anderson), Congratulating Darin Allen of Bruceville-Eddy High School on signing a national letter of intent to run track and cross-country at West Texas A&M University.
HR 2279 (by J. White), Congratulating the Brookeland ISD boys' golf team on winning the 23-2A District Tournament.
HR 2282 (by Fallon), Recognizing H. L. Brockett Elementary School in Aubrey on being designated a 2015 Texas School of Character by Character.org.
HR 2284 (by Paddie), Congratulating Bill O'Neal on his receipt of the 2014 Panola County Citizen of the Year Award.
HR 2285 (by Paddie), Congratulating Glenn Bickerdike of Marshall on his receipt of the 2015 Sam B. Hall, Jr., Civic Service Award from East Texas Baptist University.
HR 2287 (by Sheffield), Congratulating Jayci Padgett of Goldthwaite High School on her selection for the Texas Association of Basketball Coaches and the Texas Girls Coaches Association 2015 Class 2A All-State Teams.
HR 2288 (by Klick), Congratulating Officer Jeff Brantley on his retirement from the North Richland Hills Police Department.
HR 2289 (by Klick), Congratulating Officer Ken Bedford on his retirement from the North Richland Hills Police Department.
HR 2296 (by Bohac), Commending Kemper Crabb for his philanthropic work.
HR 2300 (by Bohac), Congratulating Dr. Zachary Hodges on his 20th anniversary as president of Houston Community College Northwest.
HR 2302 (by Bohac), Honoring the Spring Branch Community Health Center for its 10 years of service.
HR 2308 (by Bohac), Recognizing Tillie Wier of Garden Oaks for her Happenings Along the Way to Heaven columns.
HR 2312 (by Craddick), Honoring Keith Stretcher on his retirement as Midland city attorney.
HR 2315 (by González), Honoring the Old El Paso County Jail Museum as one of the cultural treasures of El Paso County.
HR 2316 (by Herrero), Congratulating Jody Houston and the Corpus Christi ISD Office of Food Services for winning recognition from Food Service Equipment and Supplies magazine.
HR 2317 (by Herrero), Congratulating Duncan Samo on his designation as professor emeritus at Del Mar College in Corpus Christi.
HR 2318 (by Herrero), Congratulating Jacqueline Ganschow on her designation as professor emeritus at Del Mar College in Corpus Christi.
HR 2319 (by Herrero), Congratulating Dr. Maria D. Salinas on her designation as professor emeritus at Del Mar College.
HR 2320 (by Herrero), Congratulating Dr. Eva Muñiz on her designation as professor emeritus at Del Mar College.
HR 2321 (by Herrero), Congratulating Dr. Larry Lee on his designation as dean emeritus at Del Mar College.
HR 2325 (by González), Honoring the Socorro Mission as one of the cultural treasures of El Paso County.
HR 2328 (by J. Rodriguez), Congratulating Kathleen Reid on being named Edgewood ISD Teacher of the Year and on her receipt of a KENS5/San Antonio Credit Union ExCEL award.
HR 2329 (by J. Rodriguez), Congratulating the students from Business Careers High School in San Antonio on their achievements at the Business Professionals of America State Leadership Conference.
HR 2330 (by J. Rodriguez), Congratulating David Neal of Business Careers High School in San Antonio on his success at the Business Professionals of America State Leadership Conference.
HR 2331 (by Rose), Congratulating Evelyn Dickerson on her induction into the African American Educators Hall of Fame.
HR 2332 (by Rose), Congratulating Dr. Thalia Matherson on her induction into the African American Educators Hall of Fame.
HR 2333 (by Rose), Congratulating Charlie Mae Smith on her induction into the African American Educators Hall of Fame.
HR 2334 (by Rose), Congratulating Verna George Brown Mitchell on her induction into the African American Educators Hall of Fame.
HR 2335 (by Howard), Congratulating Ann Bishop on her retirement as executive director of the Employees Retirement System of Texas.
HR 2336 (by S. King), Commemorating the 59th anniversary of Dyess Air Force Base.
HR 2337 (by Herrero), Congratulating Marla D. Chisholm on her designation as professor emeritus at Del Mar College in Corpus Christi.
HR 2338 (by Herrero), Congratulating Joe Livingston on his designation as professor emeritus at Del Mar College in Corpus Christi.
HR 2341 (by Flynn), Recognizing May 20, 2015, as Retired Texas Game Warden Day at the State Capitol.
HR 2342 (by Crownover), Commending Texas House of Representatives parking guards for their outstanding service during the regular session of the 84th Legislature.
HR 2343 (by Murr), Congratulating the Honorable Carla Garner on her retirement as Sutton County judge.
HR 2344 (by Murr), Honoring retired Llano County judge Wayne Brascom for his exemplary service.
HR 2345 (by Paddie), Congratulating Audrey and Louis Kariel of Marshall on their 65th wedding anniversary.
HR 2346 (by Longoria), Recognizing Shanty Zumaya for being chosen as a contestant on La Voz Kids.
HR 2348 (by Longoria), Honoring singer-songwriter Alexis Chapa of Sullivan City for her achievements.
HR 2350 (by Herrero), Honoring Sandra S. Heatherley for her service as president of the League of Women Voters of Corpus Christi.
HR 2351 (by González), Congratulating the boys' soccer team of San Elizario High School on winning the 2015 UIL 4A state championship.
HR 2352 (by Fallon), Congratulating Leadership Prep School on its receipt of a 2015 Best of Frisco Award from the Frisco Award Program.
HR 2354 (by Sheffield), Commemorating the 75th anniversary of Camp Bowie in Brownwood.
HR 2357 (by González), Honoring Bert Saldaña for his achievements as an artist.
HR 2358 (by González), Recognizing Al Borrego of El Paso for his achievements as an artist.
HR 2360 (by Wu), Congratulating Dashuang "Amy" Liang, co-valedictorian of the Lee High School Class of 2015.
HR 2361 (by Wu), Congratulating Xiao-Shuang "Emma" Liang, co-valedictorian of the Lee High School Class of 2015.
HR 2362 (by J. White), Congratulating the Buna High School girls' golf team on winning the district championship.
HR 2363 (by J. White), Congratulating Buna Independent School District boys' track and field teams on their success at the 2015 district meet.
HR 2364 (by J. White), Congratulating the Lumberton High School Career and Technology Education welding students on their success at district and state competitions.
HR 2365 (by J. White), Congratulating the Buna High School boys' golf team on its success at the district tournament.
HR 2366 (by J. White), Honoring Los Portales as one of the cultural treasures of El Paso County.
HR 2367 (by Israel), Recognizing Shaka Smart, the head coach of The University of Texas at Austin basketball team, as an honorary Texan.
HR 2368 (by J. White), Congratulating Katy Koch on her selection as Jasper High School Student of the Week.
HR 2369 (by J. White), Congratulating Chesni Broussard on her selection as Jasper Junior High School Student of the Week.
HR 2370 (by J. White), Congratulating Brittany Harper on her selection as Student of the Week at Jasper High School.
HR 2371 (by J. White), Congratulating Carter Wilson and James Kenneson of Woodville on their outstanding showing at a tournament hosted by the Southeast Texas High School Fishing Association.
HR 2372 (by J. White), Congratulating Michael Saladin of Hardin-Jefferson High School on his selection to the Super Gold Basketball First Team by the Beaumont Enterprise.
HR 2373 (by J. White), Congratulating Kreston O'Dell-Richardson of Buna High School on his selection to the Super Gold Basketball First Team by the Beaumont Enterprise.
HR 2374 (by Fallon), Commemorating the dedication of an Official Texas Historical Marker for the Harrington, Cassady, and Clark Cemeteries in Denton County.
HR 2375 (by González), Recognizing Amado Maurilio Peña, Jr., for his achievements as an artist.
HR 2379 (by González), Commending Joanna D. Sánchez for her service as an education fellow in the office of State Representative Mary González.
HR 2380 (by González), Commending Maya Fitzpatrick of Cibolo for her service as a legislative intern in the office of State Representative Mary González.
HR 2383 (by González), Honoring the San Elizario Presidio Chapel as one of the cultural treasures of El Paso County.
HR 2386 (by González), Recognizing Alberto Escamilla for his achievements as an artist.
HR 2387 (by C. Anderson), Congratulating Andy and Shelli Rosenkranz of Waco on their 25th wedding anniversary.
HR 2388 (by Blanco), Honoring retired El Paso County tax assessor-collector Victor A. Flores for his service.
HR 2389 (by Blanco), Commemorating the 105th anniversary of Radford School in El Paso.
HR 2391 (by Oliveira), Congratulating the Rivera High School boys' soccer team on winning the UIL 6A state championship.
HR 2394 (by Herrero), Commemorating the 2015 celebration of Cinco de Mayo in Robstown.
HR 2395 (by Herrero), Congratulating Joseph Afuso of Bishop Garriga Middle Preparatory School in Corpus Christi on his first place win at the state competition of the 2015 National Geographic Bee.
HR 2397 (by Márquez), Honoring Paul Foster, chair of The University of Texas System Board of Regents, for his public service and philanthropy.
HR 2398 (by Márquez), Commending Patrick R. Gordon of El Paso for his service on the Rio Grande Compact Commission.
HR 2399 (by Herrero), Honoring former Nueces County commissioner Betty Jean Longoria on the dedication of the Keach Family Library Multipurpose Room in her honor.
HR 2400 (by Herrero), Congratulating Edalio Salinas and Rebecca Romero-Salinas of Corpus Christi on their 30th wedding anniversary.
HR 2401 (by P. King), Congratulating Mary Jane and Gary Westenhover of Weatherford on their 35th wedding anniversary.
HR 2403 (by Muñoz), Honoring Richard P. Sanchez for his service to the state.
HR 2404 (by J. White), Commending Bridget Guien for her service in the office of State Representative James White during the 84th Texas Legislature.
HR 2405 (by J. White), Commending Mercedes Gonzalez for her service as a policy intern in the office of State Representative James White.
HR 2406 (by J. White and Otto), Commending William Hon for his service in the office of State Representative James White.
HR 2407 (by J. White, Flynn, and Clardy), Commending Zackary Griffin for his service as a legislative intern in the office of State Representative James White.
HR 2408 (by J. White), Commending Natalie Smith of Austin for her service in the office of State Representative James White during the 84th Texas Legislature.
HR 2409 (by J. White, Clardy, and Ashby), Commending Saul Mendoza on his service as legislative and communications director for State Representative James White.
HR 2410 (by J. White and Phelan), Commending Jonathan Covey for his service as chief of staff in the office of State Representative James White during the 84th Legislature.
HR 2411 (by Rose), Honoring the detention service officers and employees of the Dallas County Sheriff's Department during National Correctional Officers and Employees Week.
HR 2414 (by Collier), Recognizing the second week of May 2015 as Atrial Fibrillation Week.
HR 2415 (by J. White), Congratulating the Evadale Junior High School boys' A track team on its victory at the 2015 district meet.
HR 2417 (by Guillen), Commemorating the 50th anniversary of the Starr County Youth Fair.
HR 2418 (by Flynn), Congratulating Jerry and Kati Voss of Sulphur Springs on their 50th wedding anniversary.
HR 2419 (by Raymond), Congratulating U.S. Army Sergeant (Ret.) Santiago Jesse Erevia on his receipt of the Medal of Honor.
HR 2421 (by J. White), Congratulating Gary Gregory of Colmesneil on his success at the 2015 Big Bass Splash on Lake Sam Rayburn.
HR 2422 (by J. White), Congratulating Wesley Gore of Evadale on his success at the 2015 Big Bass Splash on Lake Sam Rayburn.
HR 2424 (by Schubert), Congratulating Logan and Lyndsey Schroeder of Smithville on their first wedding anniversary.
HR 2425 (by Schubert), Congratulating the members of the Flatonia FFA floriculture team on their outstanding performance at the Houston Livestock Show and Rodeo.
HR 2427 (by C. Turner), Honoring Katherine Barrett of Juan Seguin High School for her perfect attendance during the 2014-2015 school year.
HR 2428 (by C. Turner), Honoring Jayson Carraway of Juan Seguin High School for his perfect attendance during the 2014-2015 school year.
HR 2429 (by C. Turner), Honoring Tamie Colston of Juan Seguin High School for her perfect attendance during the 2014-2015 school year.
HR 2430 (by C. Turner), Honoring Kristin Davis of Juan Seguin High School for her perfect attendance during the 2014-2015 school year.
HR 2431 (by C. Turner), Honoring Sade Gomez-Denmon of Juan Seguin High School for her perfect attendance during the 2014-2015 school year.
HR 2432 (by C. Turner), Honoring Andrew Hoskins of Juan Seguin High School for his perfect attendance during the 2014-2015 school year.
HR 2433 (by C. Turner), Honoring Victor Hutto of Juan Seguin High School for his perfect attendance during the 2014-2015 school year.
HR 2434 (by C. Turner), Honoring Katelyn Jamieson of Juan Seguin High School for her perfect attendance during the 2014-2015 school year.
HR 2435 (by C. Turner), Honoring Mike Jenkins of Juan Seguin High School for his perfect attendance during the 2014-2015 school year.
HR 2436 (by C. Turner), Honoring Carlos Lynn of Juan Seguin High School for his perfect attendance during the 2014-2015 school year.
HR 2439 (by Alonzo), Commemorating the 112th anniversary of the Laborers' International Union of North America in 2015.
HR 2440 (by Wu), Commemorating the Houston African Arts Festival and honoring Houston African Community International USA.
HR 2444 (by Meyer), Honoring John M. Turner of Dallas for his service to those who are visually impaired.
HR 2445 (by González), Commending Doriana Torres on her service as a Mexican American Legislative Leadership Foundation Fellow and legislative aide in the office of State Representative Mary González.
HR 2446 (by González), Commending the Teen and Police Service Academy of El Paso.
HR 2447 (by González), Commending Gregory Pulte for his service as a senior education fellow in the office of State Representative Mary González.
HR 2448 (by González), Honoring the Ysleta Mission as one of the cultural treasures of El Paso County.
HR 2449 (by González), Commending Edwin Aziz Hurtado of Brownsville for his service as a legislative intern in the office of State Representative Mary González.
HR 2450 (by González), Commending Jamie Lee for her service as an intern in the office of State Representative Mary González.
HR 2451 (by González), Commending Dan Luiton for his service as an intern in the office of State Representative Mary González.
HR 2452 (by Meyer), Commemorating the 50th anniversary of the Meadows Museum in Dallas.
HR 2453 (by Bohac), Congratulating Harrison Hunter Coons of Houston on his attainment of the rank of Eagle Scout.
HR 2454 (by Meyer), Honoring Senior Care Centers and its CEO, Mark McKenzie.
HR 2460 (by Shaheen), Congratulating the Titan robotics team from Plano ISD Academy High School on qualifying for and competing in the 2015 FIRST World Championship.
HR 2461 (by Gonzales), Recognizing May 14, 2015, as Civitan Special Education Teacher Appreciation Day.
HR 2464 (by Faircloth), Honoring The University of Texas Medical Branch for its development of a promising Ebola vaccine.
HR 2465 (by González), Commending Frank Espinoza of San Antonio for his service as a legislative intern in the office of State Representative Mary González.
HR 2466 (by Herrero), Congratulating Matthew Martinez of Gregory-Portland High School on his selection as the 2015 Mr. Windfest.
HR 2467 (by Herrero), Congratulating the Calallen High School baseball team on winning the District 30-5A championship.
HR 2468 (by Herrero), Honoring Shawn Flanagan for his contributions as head coach and director of the Texas A&M University--Corpus Christi track and field program.
HR 2469 (by Herrero), Congratulating Kyle Barton on his receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2470 (by Herrero), Congratulating Carla Cabrera-Gonzalez on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2471 (by Herrero), Congratulating Lauren Gaddis on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2472 (by Herrero), Congratulating Morgan Havelka on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2473 (by Herrero), Congratulating Sean Higerd on his receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2474 (by Herrero), Congratulating Rebecca Lancaster on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2475 (by Herrero), Congratulating Jessalyn Newcomb on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2476 (by Herrero), Congratulating Steven Pease on his receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2477 (by Herrero), Congratulating Ariel Pena on his receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2478 (by Herrero), Congratulating Grae Robinson on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2479 (by Herrero), Congratulating Victoria Wahlen on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2480 (by Herrero), Congratulating Rebekah Wessels on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2481 (by Herrero), Congratulating Rylee Williams on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2482 (by Herrero), Congratulating Makenzie Wright on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2483 (by Herrero), Congratulating Nicole Fraser on her receipt of a 2015 scholarship from the Nueces County Junior Livestock Show Association.
HR 2484 (by Herrero), Congratulating the Foy H. Moody High School softball team on winning the District 30-5A championship.
HR 2485 (by Herrero), Commemorating the 30th anniversary of the Corpus Christi Literacy Council in 2016.
HR 2486 (by González), Commending Dongmei Li for her service as a Legislative Education Fellow in the office of State Representative Mary E. González.
HR 2487 (by Guillen), Commemorating the 30th anniversary of the Jim Hogg County Fair in Hebbronville.
HR 2488 (by Herrero), Congratulating Lile Rodriguez and Manuel G. Rodriguez, Jr., on operating their business, Lile's Flowers in Robstown, for 43 years.
HR 2489 (by Ashby), Honoring U.S. Coast Guard Petty Officer Jordan Wagstaff of Lufkin on his participation in the first annual Tunnel to Towers Tower Climb in New York City.
HR 2491 (by Moody), Recognizing May 4 through 10, 2015, as Texas STEM Education Week in El Paso.
HR 2494 (by J. White), Congratulating Kristi West of Hardin-Jefferson High School in Sour Lake on her selection as the 2015 Adviser of the Year for Region 8 by the National Association of Student Councils.
HR 2506 (by S. Davis), Congratulating Ester W. Quan of Bellaire on her 90th birthday.
HR 2507 (by S. Davis), Honoring Dr. Cesar A. Arias of Bellaire on being elected to the American Society for Clinical Investigation.
HR 2508 (by S. Davis), Congratulating Cassie Gianni on becoming the first Rangel Graduate Fellow from the University of Houston.
HR 2509 (by J. White), Congratulating the Kirbyville FFA Entomology team on its success in the 2015 district and area competitions.
HR 2510 (by J. White), Congratulating Austin Nichols of Jasper High School on winning first place at the East Texas Piano Solo Festival Competition.
HR 2511 (by Farney), Congratulating Carolyn Hise on her selection as an honored member of the Covington Who's Who Executive and Professional Registry.
HR 2514 (by Sanford), Congratulating Andrew C. Freeman of McKinney on attaining the rank of Eagle Scout.
HR 2515 (by Sanford), Congratulating James Clifton Kays of McKinney on attaining the rank of Eagle Scout.
HR 2516 (by Sanford), Congratulating Jackson Thomas Kays of McKinney on becoming an Eagle Scout.
HR 2517 (by Gutierrez), Congratulating Gonzalo Partida on being named commander of Patrol Squadron 9 at Marine Corps Base Hawaii.
HR 2519 (by Gutierrez), Commemorating the 40th anniversary of the Discovery School in San Antonio.
HR 2520 (by González), Commending Raneem Ashrawi of Austin for her service as a legislative intern in the office of State Representative Mary González.
HR 2521 (by J. White), Congratulating the Buna High School and Junior High School girls' track and field teams on their success at the District 23-3A meet.
HR 2522 (by Goldman), Congratulating Mario Oscar Pureco Razo of Mitchell Boulevard Elementary School and Anttoniett Ceron Ponce of Glen Park Elementary School on being named 2015 Fort Worth Independent School District Campus Teachers of the Year.
HR 2523 (by J. White), Commending students from Silsbee High School on their participation in UIL Academic district competition.
HR 2524 (by Keffer), Congratulating Bobby Rountree on his retirement as city manager of Brownwood.
HR 2525 (by Herrero), Congratulating Krista Torralva of the Corpus Christi Caller-Times on winning a First Amendment Award from the Society of Professional Journalists of Fort Worth.
HR 2526 (by Herrero), Congratulating Chris Ramirez of Corpus Christi on winning a First Amendment Award from the Fort Worth Society of Professional Journalists.
HR 2527 (by Blanco), Congratulating Ramón Rentería on his retirement from the El Paso Times.
HR 2528 (by González), Commending Poncho Garcia, Jr., for his service as superintendent of the Fabens Independent School District.
HR 2529 (by Herrero), Honoring the Del Mar College chapter of the Texas Association of Chicanos in Higher Education.
HR 2531 (by Crownover), Congratulating Brian Nyquist on his induction into the Alpha Tau chapter of the Delta Omega Honorary Society in Public Health.
HR 2532 (by J. White), Congratulating Lauren Penney of Jasper on qualifying for the 2015 Junior Olympics.
HR 2533 (by J. White), Congratulating the members of the Livingston High School journalism team on their success at the UIL District 18-5A meet.
HR 2534 (by G. Bonnen), Congratulating Fire Marshal Wanda Martin on her retirement from the League City Fire Department.
HR 2535 (by G. Bonnen), Congratulating Nicole Elizabeth Rowden of Friendswood on earning the Venturing Silver Award.
HR 2536 (by Reynolds), Congratulating Judge George Carol Hanks, Jr., of Houston on being commissioned to serve as a United States district judge for the Southern District of Texas.
HR 2537 (by Reynolds), Congratulating Derrick Mitchell on his appointment to the Texas Southern University Board of Regents.
HR 2538 (by J. White), Congratulating county game wardens Morgan Inman, Justin Eddins, and Roy Eddins on their receipt of the Director's Life Saving Citation from the Texas Parks and Wildlife Department.
HR 2539 (by G. Bonnen), Congratulating the Friendswood Junior High School Color Guard on winning the 2015 Cadet East Championship.
HR 2540 (by G. Bonnen), Recognizing Andrew Kyle Almaguer of Friendswood High School for his contributions to his school and community.
HR 2541 (by G. Bonnen), Congratulating Christopher Jacob Joseph Rowden of Friendswood on achieving the rank of Eagle Scout.
HR 2542 (by Blanco), Congratulating Dr. Joseph Ernest Torres of El Paso on his 92nd birthday.
HR 2545 (by Herrero), Congratulating the members of the 1965 Solomon M. Coles High School baseball team on the 50th anniversary of their state championship victory.
HR 2549 (by Sheffield), Commending Jay Johnson on his service as student body president of Tarleton State University.
HR 2551 (by Rose), Congratulating the Reverend Mark Anthony Proctor on his receipt of the 2015 Outstanding Alumnus Award from Paul Quinn College.
HR 2552 (by G. Bonnen), Congratulating Alaina Garza on her selection as 2015 Teacher of the Year for Clear Brook High School.
HR 2553 was previously adopted.
HR 2554 (by Reynolds), Congratulating the Honorable Alfred H. Bennett on his appointment and confirmation as United States district judge for the Houston Division of the Southern District of Texas.
HR 2555 (by C. Turner), Honoring former state representative Dr. Diane Patrick on the occasion of the dedication of Diane Patrick Elementary School in Arlington.
HR 2557 (by Springer), Commending Texas Department of Public Safety Trooper Samuel Hellinger for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2558 (by Springer), Commending Texas Department of Public Safety Trooper Jeremy Wallace for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2559 (by Springer), Commending Texas Department of Public Safety Trooper Mitchell Westervelt for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2560 (by Springer), Commending Texas Department of Public Safety Trooper Keith Dieter for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2561 (by Springer), Commending Texas Department of Public Safety Trooper Mark Adams for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2562 (by Springer), Commending Texas Department of Public Safety Trooper Gary Brown for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2563 (by Springer), Commending Texas Department of Public Safety Trooper Jeremiah Hale for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2564 (by Springer), Commending Texas Department of Public Safety Trooper Ryan Molsbee for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2565 (by Springer), Commending Texas Department of Public Safety Trooper Christopher Glass for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2567 (by Springer), Commending Texas Department of Public Safety Corporal Michael Linnell for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2568 (by Springer), Commending Texas Department of Public Safety Lieutenant Ray Sappington for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2569 (by Springer), Commending Texas Department of Public Safety Operator Laura Mays for her service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2570 (by Springer), Commending Texas Department of Public Safety Operator Barbara Reid for her service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2571 (by Springer), Commending Texas Department of Public Safety Station Supervisor Nola Worthington for her service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2573 (by Springer), Commending Texas Department of Public Safety Trooper Beau Means for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2574 (by Springer), Commending Texas Department of Public Safety Senior Corporal Daniel Matteson for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2575 (by Springer), Commending Texas Department of Public Safety Trooper Coby Lomax for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2576 (by Springer), Commending Texas Department of Public Safety Trooper Keith Bowles for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2577 (by Springer), Commending Texas Department of Public Safety Sergeant Jay Hardin for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2578 (by Springer), Commending Texas Department of Public Safety Trooper Shannon Mauney for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2579 (by Springer), Commending Texas Department of Public Safety Corporal Jeff Hass for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2581 (by Springer), Commending Texas Department of Public Safety Trooper James Bacon for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2582 (by Springer), Commending Texas Department of Public Safety Trooper Chad Overton for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2583 (by Springer), Commending Texas Department of Public Safety Trooper Larry Adams, Jr., for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2584 (by Springer), Commending Texas Department of Public Safety Trooper Brandon Tidmore for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2585 (by Springer), Commending Texas Department of Public Safety Trooper Kipp Koenig for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2586 (by Springer), Commending Texas Department of Public Safety Trooper Jaime Galindo for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2587 (by Springer), Commending Texas Department of Public Safety Trooper Jimmie Bass for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2588 (by Springer), Commending Texas Department of Public Safety Trooper Justin Dillman for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2589 (by Springer), Commending Texas Department of Public Safety Trooper Christopher Casey for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2590 (by Springer), Commending Texas Department of Public Safety Corporal Chad Baize for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2591 (by Springer), Commending Texas Department of Public Safety Trooper Juan Gutierrez for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2592 (by Springer), Commending Texas Department of Public Safety Sergeant Todd Cummins for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2593 (by Springer), Commending Texas Department of Public Safety Trooper Matthew Ferguson for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2594 (by Springer), Commending Texas Department of Public Safety Trooper Darik Heider for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2595 (by J. White), Congratulating the Kirbyville High School theater company on winning first place in district competition.
HR 2596 (by Springer), Commending Texas Department of Public Safety Trooper Fred Heard for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2597 (by Springer), Commending Texas Department of Public Safety Trooper Kirby Lambert for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2598 (by Springer), Commending Texas Department of Public Safety Trooper Clay Henry for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2599 (by Springer), Commending Texas Department of Public Safety Trooper Mark Williams for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2600 (by Springer), Commending Texas Department of Public Safety Corporal Curtis West for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2601 (by Springer), Commending Texas Department of Public Safety Trooper Daniel Manney for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2602 (by Springer), Commending Texas Department of Public Safety Senior Trooper Russell Conkling for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2603 (by Springer), Commending Texas Department of Public Safety Trooper Dan Buesing for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2604 (by Springer), Commending Texas Department of Public Safety Sergeant Clay Conner for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2605 (by Springer), Commending Texas Department of Public Safety Corporal Garrett Ritter for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2606 (by Springer), Commending Texas Department of Public Safety Trooper Jonathan Thomas for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2607 (by Springer), Commending Texas Department of Public Safety Trooper Dante King for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2608 (by Springer), Commending Texas Department of Public Safety Trooper Joshua Collins for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2609 (by Springer), Commending Texas Department of Public Safety Trooper Tres Lattimore for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2610 (by Springer), Commending Texas Department of Public Safety Trooper Barry Henry for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2611 (by Springer), Commending Texas Department of Public Safety Sergeant Bryan Little for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2612 (by Springer), Commending Texas Department of Public Safety Trooper Drue Kirkland for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2613 (by Springer), Commending Texas Department of Public Safety Trooper Tony Cunningham for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2614 (by Springer), Commending Texas Department of Public Safety Trooper Brandon Neff for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2615 (by Springer), Commending Texas Department of Public Safety Trooper Rachel Price-Russell for her service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2616 (by Springer), Commending Texas Department of Public Safety Senior Corporal Jack Lawson for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2617 (by Springer), Commending Texas Department of Public Safety Trooper Ronald Nelson for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2619 (by Springer), Commending Texas Department of Public Safety Sergeant Mark Helton for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2620 (by Springer), Commending Texas Department of Public Safety Trooper Ricardo Garcia for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2621 (by Springer), Commending Texas Department of Public Safety Trooper Rogelio Medrano for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2622 (by Springer), Commending Texas Department of Public Safety Corporal Jerry Schmidt for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2623 (by Springer), Commending Texas Department of Public Safety Trooper Joseph Farrington for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2624 (by Springer), Commending Texas Department of Public Safety Trooper Enrique Garcia for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2625 (by Springer), Commending Texas Department of Public Safety Trooper Michael Mickley for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2626 (by Springer), Commending Texas Department of Public Safety Trooper Buck Welch for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2627 (by Springer), Commending Texas Department of Public Safety Sergeant Jerry Johnson for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2628 (by Springer), Commending Captain Game Warden Patrick Canan of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2629 (by Springer), Commending Game Warden Darla Barr of the Texas Parks and Wildlife Department for her service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2630 (by Springer), Commending Game Warden Kyle Nevins of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2631 (by Springer), Commending Game Warden Drew Spencer of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2632 (by Springer), Commending Game Warden Brent Isom of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2633 (by Springer), Commending Game Warden Gary Hobbs of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2634 (by Springer), Commending Game Warden Chase McAninch of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2635 (by Springer), Commending Game Warden Joe McMahen of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2636 (by Springer), Commending Game Warden Jay Oyler of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2637 (by Springer), Commending Game Warden George Pasley of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2638 (by Springer), Commending Game Warden Matthew Thompson of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2639 (by Springer), Commending Game Warden Raynor Milloway of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2640 (by Springer), Commending Game Warden Gary Self of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2641 (by Springer), Commending Game Warden Matthew Cruse of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2642 (by Springer), Commending Game Warden Cane Shumaker of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2643 (by Springer), Commending Game Warden Jared Self of the Texas Parks and Wildlife Department for his service at the Texas-Mexico border as part of Operation Strong Safety.
HR 2644 (by Tinderholt), Commending Officer Billy Cruz of the Arlington Police Department for his heroism during a fire.
HR 2645 (by Tinderholt), Commending Officer Kristi Johnson of the Arlington Police Department for her heroism during a fire.
HR 2646 (by Rinaldi and Sheets), Congratulating Kim Spence on her retirement as a teacher at Cottonwood Creek Elementary School in Coppell.
HR 2647 (by J. White), Congratulating the members of the Jasper High School boys' track and field team on their performance in area competition.
HR 2648 (by J. White), Congratulating the members of the Jasper High School girls' track and field team on their performance in area competition.
HR 2651 (by C. Anderson), Congratulating Sophia Marie Garman of Waco on her selection as a 2015 Outstanding Youth Citizen.
HR 2652 (by C. Anderson), Congratulating the University High School choir students who qualified for the UIL State Solo and Ensemble Contest.
HR 2653 (by C. Anderson), Congratulating the Waco High School choir students who qualified for the UIL State Solo and Ensemble Contest.
HR 2654 (by C. Anderson), Congratulating Lois Crook on her recognition in the Waco Tribune-Herald Voices of Valor series.
HR 2655 (by C. Anderson), Congratulating Korean War-era veteran Olis Eaton of Waco on his recognition as one of the Voices of Valor by the Waco Tribune-Herald.
HR 2656 (by C. Anderson), Congratulating teams from Rapoport Academy on their performance at the Heart of Texas Regional History Fair.
HR 2657 (by C. Anderson), Congratulating Traci Martin of the Midway Independent School District on her receipt of multiple awards from the Texas School Public Relations Association.
HR 2658 (by Kacal), Congratulating Judson and Terra Willett of Austin on the birth of their baby, Owen Townsend Willett.
HR 2659 (by Kacal), Congratulating Ryan and Kaili Skrobarczyk of Hutto on the birth of their son, Connor Gene Skrobarczyk.
HR 2660 (by Leach), Congratulating Laura Bennett of Plano on her 100th birthday.
HR 2661 (by C. Anderson), Congratulating Gene Taylor of McGregor on his performance at the Texas State Senior Games.
HR 2662 (by C. Anderson), Congratulating the Robinson High School home site team on its performance at the Sam Houston Invitational.
HR 2663 (by C. Anderson), Congratulating Harold and Anne Peter of Waco on their 50th wedding anniversary.
HR 2664 (by C. Anderson), Congratulating the Robinson High School girls' tennis team on winning a district championship.
HR 2665 (by C. Anderson), Congratulating Jacob Turner of Waco on winning the regional spelling bee.
HR 2666 (by C. Anderson), Honoring the McGregor Family Learning Center.
HR 2667 (by C. Anderson), Congratulating the Live Oak Classical School mock trial team on winning the Region 12 championship in the Texas High School Mock Trial Competition.
HR 2668 (by González), Honoring Edgar Manuel Torres Ovando for his service as a senior education fellow in the office of State Representative Mary González.
HR 2670 (by J. White), Congratulating Brandon Weaver on being named Student of the Week at Jasper High School.
HR 2671 (by J. White), Congratulating Nik'Kiethen Hafford on his selection as Jasper Junior High School Student of the Week.
HR 2672 (by González), Congratulating Renee and Patrick Tarlton of Round Rock on the birth of their son, Tucker Ray Tarlton.
HR 2673 (by Flynn), Congratulating Wesley and Angela Hampton of Sulphur Springs on their 25th wedding anniversary.
HR 2676 (by Rose), Honoring Natalie Jenkins Sorrell on her receipt of the Motherhood: The Lifetime Achievement Award from Dallas Can Academies.
HR 2678 was withdrawn.
HR 2679 was previously adopted.
HR 2680 (by C. Anderson), Congratulating Diana R. Garland on having the Baylor University Diana R. Garland School of Social Work named in her honor.
HR 2681 (by C. Anderson), Congratulating Hunter January of McGregor High School on signing a national letter of intent to play football at the University of Kansas.
HR 2682 (by C. Anderson), Congratulating Cevekia DeGrate and Heather Helton on winning medals at the 18th annual Technology Olympics.
HR 2683 (by C. Anderson), Congratulating Lauren Berry on being named Miss Waco Teen.
HR 2684 (by C. Anderson), Congratulating Herchel and Ora Lee Gamble of Lorena on their 65th wedding anniversary.
HR 2685 (by C. Anderson), Congratulating Crawford Elementary School on its nomination for a 2013-2014 Blue Ribbon School Award.
HR 2686 (by C. Anderson), Honoring Charles Alford of Waco for his service to his country.
HR 2690 (by C. Anderson), Congratulating Amber Rhodes of Live Oak Classical School in Waco on her selection as a 2015 Texas All-State Choir member.
HR 2691 (by C. Anderson), Honoring Dr. William A. Mitchell for his service to his country.
HR 2692 (by C. Anderson), Congratulating Henry Fleischhauer on his recognition as one of the Voices of Valor by the Waco Tribune-Herald.
HR 2695 (by Herrero), Congratulating Mark Collette on winning two First Amendment Awards from the Fort Worth Society of Professional Journalists.
HR 2696 (by Herrero), Congratulating Ramon Alejandro on 42 years in business as the owner of Ray's Footwear in Robstown.
HR 2697 (by Herrero), Congratulating Andrea Alejandro, owner and operator of The Spanish Gate in Robstown, on more than four decades in business.
HR 2698 (by J. White), Congratulating Bailey Goins of Chester High School on qualifying for the 2015 UIL 1A Golf State Tournament.
HR 2699 (by J. White), Congratulating Lauren Hale of Buna High School on qualifying for the 2015 UIL 3A Golf State Tournament.
HR 2700 (by Flynn), Congratulating Hannah Kirby of Sulphur Springs on placing among the top 8 contestants on The Voice.
HR 2701 (by Sheffield), Commending Molly Smith for her service as a legislative aide in the office of State Representative J. D. Sheffield.
HR 2702 (by Sheffield), Commending Taylor Sexton for his service as a legislative aide in the office of State Representative J. D. Sheffield.
HR 2703 (by González), Commending Yesenia Velasquez for her service as an education fellow in the office of State Representative Mary González.
HR 2705 (by J. White), Congratulating students from Kountze Intermediate School on their performance at the Texas Math and Science Coaches Association Middle School Championship Meet.
HR 2706 (by J. White), Congratulating Katlin Kerl of Silsbee High School on signing a national letter of intent to play softball at San Jacinto College.
HR 2707 (by González), Commending Justin Atkinson of Austin for his service as a communications assistant in the office of State Representative Mary González.
HR 2710 (by J. White), Congratulating William and Ruth Alexander of Buna on their 65th wedding anniversary.
HR 2711 (by J. White), Congratulating the Buna High School FFA dairy cattle judging team on winning its area contest and advancing to the state competition.
HR 2712 (by Metcalf), Commemorating the 60th anniversary of the Montgomery County United Way.
HR 2713 (by J. White), Commending members of the Lake Rayburn Fire Department for their role in a water rescue.
HR 2714 (by González), Commending Dr. Michiel Noe for his service on the El Paso City Council.
HR 2715 (by Darby), Congratulating Curtis Gene Raetz on his retirement from the Raytheon Company.
HR 2716 (by Márquez), Congratulating Father Harold Rahm on his selection as the Segundo Barrio Person of the Year for 2015.
HR 2717 (by Crownover), Congratulating Jacob Steele Yarnell on his acceptance to the United States Air Force Academy.
HR 2718 (by J. White), Congratulating students from Silsbee High School on their selection as 2015 Texas Music Scholars by the Texas Music Educators Association.
HR 2719 (by J. White), Commending Sheriff Mitchel Newman and Deputy Kevin Holloway of the Jasper County Sheriff's Department for their role in a water rescue.
HR 2720 (by J. White), Congratulating the Kirbyville High School students who qualified for the UIL state tennis tournament.
HR 2721 (by Huberty), Congratulating John Robert Beemer of Humble on his 70th birthday.
HR 2723 (by Huberty), Congratulating Robert Toy and Alison Janoski on their marriage.
HR 2724 (by Faircloth), Honoring Eddie Janek, Sr., of Galveston for his service to his community and his country.
HR 2726 (by Dale), Commending Williamson County commissioner Lisa Birkman on her public service.
HR 2727 (by Isaac), Commending Ronnie's BBQ in Johnson City for participating in Bar-B-Quesday at the State Capitol.
HR 2728 (by Isaac), Commending Old 300 BBQ of Blanco for participating in Bar-B-Quesday at the State Capitol.
HR 2729 (by Dutton), Honoring the KEW Learning Academy in Houston on the occasion of its Profiles of Prominence Awards Banquet and Dinner Dance.
HR 2730 (by P. King), Congratulating Elizabeth Baker of Mary Martin Elementary School on being named Best Teacher as part of the Weatherford Star-Telegram Best of the Best awards.
HR 2731 (by J. White), Congratulating William L. Jackson on his appointment as chief of the Newton Police Department.
HR 2732 (by Bell), Congratulating Laura Portillo of Smith Elementary on her designation as the 2015 Magnolia ISD Paraprofessional of the Year.
HR 2733 (by J. White), Honoring Richard Gil Tubb for his service to Tyler County.
HR 2734 (by J. White), Congratulating Lura Rhodes of Newton on his 91st birthday.
HR 2735 (by J. White), Congratulating Rita Peterson on her 20-year tenure at the Hardin County Courthouse.
HR 2736 (by C. Anderson), Congratulating Ervin Davis on being featured by the Waco Tribune-Herald as part of its Voices of Valor series.
HR 2737 (by C. Anderson), Congratulating Taylor Henderson of Waco High School on being named Best Overall Advocate during the 2015 Region 12 High School Mock Trial Competition.
HR 2738 (by C. Anderson), Congratulating Stephen Parker of Waco Baptist Academy on his accomplishments as a Civil Air Patrol cadet.
HR 2739 (by C. Anderson), Commending Alexander Good-Suhm of Rapoport Academy Meyer High School in Waco for his participation in the Texas High School Aerospace Scholars program at NASA.
HR 2740 (by C. Anderson), Congratulating James White of Waco on his receipt of the 2015 Visiting Angels Caregiver of the Year Award.
HR 2741 (by C. Anderson), Congratulating Mr. and Mrs. Lendburgh Haynes of McGregor on their 60th wedding anniversary.
HR 2742 (by C. Anderson), Congratulating the varsity orchestra students of Tennyson Middle School in Waco on their sweepstakes win at the UIL Region 8 Concert and Sight-Reading Contest.
HR 2743 (by C. Anderson), Congratulating six members of the Rotary Club of Waco on their 50 years of membership with the organization.
HR 2744 (by Naishtat), Congratulating Oran Lopez Reed on attaining the rank of Eagle Scout.
HR 2745 (by Lucio), Recognizing the HinoPalooza BBQ Cook-off in Mercedes.
HR 2747 (by Huberty), Honoring Bryan Shea of Humble for his service as a legislative intern in the district office of State Representative Dan Huberty.
HR 2748 (by Huberty), Honoring Vy Nguyen of Houston for her service as a legislative intern in the office of State Representative Dan Huberty.
HR 2749 (by Huberty), Honoring Karla Rios for her service as a legislative intern in the office of State Representative Dan Huberty.
HR 2750 (by Bell), Congratulating Chris Canik on his selection as a 2015 Teacher of the Year in the Magnolia Independent School District.
HR 2752 (by J. White), Commemorating the 150th anniversary of Springhill Missionary Baptist Church in Magnolia Springs.
HR 2753 (by J. White), Congratulating the members of the Buna High School UIL academic team on their performance at the District 23-3A academics meet.
HR 2755 (by Burkett), Honoring Doris Padgett for her 50 years of service as the founding librarian of the Sunnyvale Public Library.
HR 2758 (by Huberty), Commending Tulshi Patel for her service as a legislative intern in the office of State Representative Dan Huberty.
HR 2759 (by Craddick), Congratulating John Teague on his receipt of the 2015 ASSE Triangle Award.
HR 2760 (by Y. Davis), Honoring Charles Hardy for his 35 years of service to Austin Industries.
HR 2761 (by Klick), Commemorating the 50th anniversary of St. John the Apostle Catholic School in North Richland Hills.
HR 2763 (by Tinderholt), Commending Micah Cavanaugh for his service as chief of staff in the office of State Representative Tony Tinderholt.
HR 2764 (by Tinderholt), Commending Allison Ngo for her service as legislative director in the office of State Representative Tony Tinderholt.
HR 2765 (by Tinderholt), Commending Jake Robinson for his service as communications director in the office of State Representative Tony Tinderholt.
HR 2766 (by Tinderholt), Honoring Joshua Finkenbinder for his service as district director in the office of State Representative Tony Tinderholt.
HR 2767 (by Tinderholt), Honoring Scott Urbis for his service as policy analyst in the office of State Representative Tony Tinderholt.
HR 2768 (by Tinderholt), Honoring Brittany Kelm for her service as communications liaison in the office of State Representative Tony Tinderholt.
HR 2769 (by Tinderholt), Commending Michael Tucker for his service as a communications liaison in the office of State Representative Tony Tinderholt.
HR 2770 (by Tinderholt), Commending Luis Ruiz for his service as a legislative liaison in the office of State Representative Tony Tinderholt.
HR 2771 (by Tinderholt), Commending Seth Slover for his service as a legislative liaison in the office of State Representative Tony Tinderholt.
HR 2772 (by Raymond), Congratulating Rogelio Rivera of Laredo on being named the 2015 Engineer of the Year by the Gateway Chapter of the Texas Society of Professional Engineers.
HR 2773 (by J. White), Congratulating the Kirbyville Junior High School students who set school records at the district track meet.
HR 2775 (by Geren), Electing the children of house members to the office of mascot.
HR 2776 (by Geren), Naming the grandchildren of house members honorary mascots.
HR 2777 (by Herrero), Recognizing the Mexican-American Studies Program at Del Mar College in Corpus Christi.
HR 2779 (by Schubert), Congratulating Kenneth Logan Carson on his graduation from Liberty University.
HR 2780 (by Schubert), Honoring David Smolik on his retirement as principal of Sacred Heart Catholic School in Hallettsville.
HR 2781 (by González), Commending Rebecca Walker for her service as a legislative intern in the office of State Representative Mary González.
HR 2782 (by González), Honoring Ramon Holguin for his service on the San Elizario ISD Board of Trustees.
HR 2783 (by Hernandez), Congratulating Dr. Tatcho Mindiola on his retirement as director of the Center for Mexican American Studies at the University of Houston.
HR 2784 (by Dutton), Honoring Emma Primas of Houston for her contributions to her community.
HR 2785 (by Dutton), Commemorating the 65th anniversary of St. Francis of Assisi Catholic Church in Houston.
HR 2786 (by S. King), Congratulating F. Scott Dueser of Abilene on his selection for the 2015 Texas Bankers Hall of Fame.
HR 2787 (by Vo), Commemorating Chinese American Citizen Veterans Day.
HR 2788 (by Bell), Congratulating Jennifer Bailey on being named a 2015 Magnolia Independent School District Teacher of the Year.
HR 2789 (by Naishtat), Commemorating the 75th anniversary of Bryker Woods Elementary School in Austin.
HR 2790 (by G. Bonnen), Congratulating the Clear Creek Independent School District Robonauts on being part of the winning alliance at the 2015 FIRST Robotics Competition world championship.
HR 2791 (by C. Anderson), Commending Zion Lutheran Church in McGregor on donating quilts to individuals in the community and beyond.
HR 2792 (by C. Anderson), Congratulating the Robinson High School boys' powerlifting team on winning the regional championship.
HR 2793 (by C. Anderson), Congratulating the Waco Euterpean Club on its receipt of state awards from the Texas Federation of Music Clubs.
HR 2794 (by J. White), Congratulating Richard and Alice Dziubanek of Livingston on their 60th wedding anniversary.
HR 2796 was previously adopted.
HR 2797 (by Farney), Congratulating the Burnet Consolidated Independent School District on its receipt of the 2015 H-E-B Small School District Excellence in Education Award.
HR 2802 (by Villalba), Commending Linda Christofilis for her years of service to the State of Texas.
HR 2803 (by Isaac), Commending The Salt Lick in Driftwood for participating in Bar-B-Quesday at the State Capitol.
HR 2804 (by Isaac), Commending Railroad Bar-B-Que in Dripping Springs for participating in Bar-B-Quesday at the State Capitol.
HR 2805 (by Isaac), Commending Hays County Bar-B-Que and Catering in San Marcos for participating in Bar-B-Quesday at the State Capitol.
HR 2806 (by Isaac), Commending Miss Mae's Bar-B-Que in Wimberley for participating in Bar-B-Quesday at the State Capitol.
HR 2809 (by Keffer), Congratulating Benjamin Pargmann of Troop 49 in Austin on attaining the rank of Eagle Scout.
HR 2813 (by Hughes), Congratulating Justice Sam Griffith on his retirement from the 12th Court of Appeals.
HR 2814 (by Hughes), Commemorating the 125th anniversary of Texas Heritage National Bank.
HR 2815 (by Hughes), Congratulating Bessie Justiss Cason of Winnsboro on her 100th birthday.
HR 2816 (by Hughes), Congratulating Chris Bookman and Dylan Walker of SnapBrothers Productions on their second consecutive Tongie award.
HR 2820 (by J. White), Congratulating students from Kirbyville High School on their success at the 2015 UIL District 23-3A academic meet.
HR 2824 (by Giddings), Congratulating Matt Jones of DeSoto on winning the 2014-2015 Division I national championship as a member of the Duke University men's basketball team.
HR 2826 (by J. White), Congratulating Walker-Ann Wilson on her selection as Jasper High School Student of the Week.
HR 2827 (by Flynn), Congratulating Logan Lockwood of Van High School on his performance at the 2015 UIL Boys' Golf State Tournament.
HR 2828 (by Flynn), Congratulating the Canton High School boys' golf team on qualifying for the 2015 UIL state tournament.
HR 2831 (by Huberty), Commending Ryan Fraissinet of Kingwood for his service as a legislative intern in the office of State Representative Dan Huberty.
HR 2832 (by Blanco), Congratulating the Henderson Middle School chess team on winning their division at the National Junior High Championship.
HR 2833 (by Blanco), Recognizing Harmony Public Schools in El Paso for their commitment to T-STEM education.
HR 2834 (by Nevárez), Recognizing Sid Blanks for his athletic accomplishments.
HR 2835 was previously adopted.
HR 2842 was previously adopted.
HR 2846 (by Guerra), Congratulating the Monitor newspaper on its fine showing in the 2015 Texas Associated Press Managing Editors Headliners Excellence in Journalism Awards.
HR 2847 (by Guerra), Congratulating the McAllen Memorial High School boys' golf team on winning the District 30-6A championship.
HR 2849 (by Guerra), Congratulating the members of the Sharyland North Junior High School chess team on their third-place finish at the National Junior High Championship.
HR 2850 (by Guerra), Congratulating the students from Edinburg North High School on their performance in the 2015 National Science Bowl regional competition.
HR 2851 (by Guerra), Congratulating members of the King's Guard Chess Club from Melissa Dotson Betts Elementary School in Edinburg on qualifying to compete at the 2015 National Elementary Championship.
SCR 28 (Simmons - House Sponsor), Recognizing April 2015 as Autism Awareness Month.
The resolutions were adopted.
The following memorial resolutions were laid before the house:
HR 1961 (by Sheffield), In memory of Louis "P. O." Dewald of Copperas Cove.
HR 1969 (by Sheffield), In memory of Justin Havens Moore.
HR 1989 (by Herrero), In memory of Celestina Lopez Navarro of Corpus Christi.
HR 2023 (by Sheffield), In memory of Bobby Dean Jones of Gatesville.
HR 2028 (by Raymond), In memory of Consuelo "Connie" Raymond Kazen of Laredo.
HR 2035 (by Craddick), In memory of Jefferson Jones "JJ" Baskin of Austin.
HR 2041 (by Flynn), In memory of Billy G. Dirks of Sulphur Springs.
HR 2053 (by Hughes), In memory of Odessa Davis Yeager.
HR 2054 (by Hughes), In memory of Cynthia Ann French of Mineola.
HR 2055 (by Hughes), In memory of William Robert Craddock of Winnsboro.
HR 2056 (by Hughes), In memory of Paul N. Foster of Alba.
HR 2063 (by Hughes), In memory of Thomas Sharpe Wilmeth of Daingerfield.
HR 2079 (by Hughes), In memory of Estelle Parker of Pittsburg.
HR 2083 (by Hughes), In memory of Doris Bhael Clements of Hideaway.
HR 2087 (by Hughes), In memory of Edward Andrew Bennett, Jr., of Holly Lake Ranch.
HR 2099 was previously adopted.
HR 2101 (by Herrero), In memory of Elizardo Amaya of Corpus Christi.
HR 2112 (by Herrero), In memory of Donelda "Doni" Daub Sluyter of Corpus Christi.
HR 2113 (by Herrero), In memory of Barbara Laine Brunner of Banquete.
HR 2140 (by Herrero), In memory of Guadalupe L. Garcia of Corpus Christi.
HR 2147 (by Flynn), In memory of Bobby Gerald Gillis of Sulphur Springs.
HR 2157 (by Canales), In memory of former Hidalgo County Commissioner Oscar L. Garza, Jr., of Edinburg.
HR 2161 (by Ashby), In memory of Percy Alvin Simond, Jr., of Lufkin.
HR 2182 (by Herrero), In memory of Lena Mae McElroy of Corpus Christi.
HR 2191 (by C. Turner), In memory of Jess Hay of Dallas.
HR 2202 (by Herrero), In memory of Francisco Espinoza of Robstown.
HR 2203 (by Herrero), In memory of Petra M. Villarreal.
HR 2224 (by M. White), In memory of Ouida Mae Edwards Dulany of Belton.
HR 2228 (by Leach), In memory of Jim Dunlap of Dallas.
HR 2235 (by C. Anderson), In memory of Mary Wilson Russell McCall.
HR 2252 (by Springer), In memory of Richard Guinn Brown of Azle.
HR 2256 (by Ashby), In memory of former railroad commissioner and state representative Arthur "Buddy" Temple III.
HR 2262 (by Herrero), In memory of Helen and Manuel Chapa of Corpus Christi.
HR 2266 (by Bell), In memory of Richard Louis Anderson of Burkburnett.
HR 2290 (by Bohac), In memory of Earl Charles Lairson of Houston.
HR 2291 (by Bohac), In memory of Fongee Wong of Houston.
HR 2292 (by Bohac), In memory of Eugenie "Jean" Avery.
HR 2293 (by Bohac), In memory of Estelle Georgie Kaluza Pawelka Poole Bohac.
HR 2294 (by Bohac), In memory of Ethel Mae Wolfe of Houston.
HR 2295 (by Bohac), In memory of Jack S. Blanton of Houston.
HR 2297 (by Bohac), In memory of Kobi Isabella Pickett of Houston.
HR 2298 (by Bohac), In memory of Agnes Schramm Fisher McClosky of Houston.
HR 2299 (by Bohac), In memory of Jean Mills Worsham of Houston.
HR 2301 (by Bohac), In memory of Frank Leonard Bohac of Houston.
HR 2303 (by Bohac), In memory of Elmer Leroy Zoch of Houston.
HR 2304 (by Bohac), In memory of Mary Julia Escalante Torres of Houston.
HR 2305 (by Bohac), In memory of Kimberly Plunket Lindig of Houston.
HR 2306 (by Bohac), In memory of Dorothy Mary Jones Adams of Houston.
HR 2307 (by Bohac), In memory of Ruth Fort Baker of Houston.
HR 2310 (by Bohac), In memory of Bryan Wilbur Smith of Centerville.
HR 2311 (by Bohac), In memory of Jalil Hanna Foty of Missouri City.
HR 2347 (by Longoria), In memory of Armando G. Ochoa, Sr., of Elsa.
HR 2353 (by Herrero), In memory of Jose Dolorez Luna of Robstown.
HR 2384 (by Zedler), In memory of Manuela Luna Castillo.
HR 2385 (by Zedler), In memory of Rick Rose of Arlington.
HR 2390 (by Faircloth), In memory of Dr. Edwin Joseph Morrow, Jr., of Houston.
HR 2416 (by Guillen), In memory of Gregorio C. Barrera of Rio Grande City.
HR 2423 (by Murr), In memory of Wilbur Ray Dunk of Kimble County.
HR 2426 was previously adopted.
HR 2437 (by Sheffield), In memory of Oleta Horton Collier of Goldthwaite.
HR 2462 (by Faircloth), In memory of U.S. Army Specialist Keith Erin Grace, Jr., of Baytown.
HR 2463 (by Faircloth), Honoring the life and service of Private First Class Wesley R. Riggs of Baytown.
HR 2492 (by C. Turner), In memory of Abdallah Khader of Arlington.
HR 2499 (by Smith), In memory of James T. Edmonds, former chair of the Port Commission of the Port of Houston Authority.
HR 2518 (by Gutierrez), In memory of Heraclio "Laco" Villarreal.
HR 2543 (by Herrero), In memory of Jimmie Eugene Garrett, Jr., of Corpus Christi.
HR 2544 (by K. King), In memory of Hemphill County sheriff Morse Burroughs.
HR 2548 (by Longoria), In memory of former La Joya ISD board member Arturo "Morgan" Gonzalez, Jr.
HR 2550 (by Clardy and Ashby), In memory of Landon Alford of Henderson.
HR 2556 (by Herrero), In memory of Noe G. Contreras of Corpus Christi.
HR 2566 (by Huberty), In memory of Andrew Reyes Ramirez of Austin.
HR 2618 (by Oliveira), In memory of former Port Isabel mayor Quirino Z. Martinez.
HR 2649 (by Gonzales), In memory of Daryl Ray Matthews of Pflugerville.
HR 2675 (by Gutierrez), In memory of Rosalia D. Zuehl of San Antonio.
HR 2694 (by Herrero), In memory of Verle O. Crick of Corpus Christi.
HR 2722 (by Huberty), In memory of William Charles Bouline.
HR 2751 (by Goldman, C. Turner, Geren, and Collier), In memory of former U.S. House speaker Jim Wright.
HR 2754 (by Bohac), In memory of Larry Frank Orlando of Pinehurst.
HR 2757 (by Rinaldi, Villalba, Button, Sheets, Laubenberg, et al.), In memory of Janine Foster Woody of Dallas.
HR 2762 (by Reynolds), In memory of Nelson Reyes Salinas, governmental affairs manager for the Texas Association of Business and former legislative staff member.
HR 2778 (by Herrero), In memory of Irving Braslau of Corpus Christi.
HR 2807 (by Isaac), In memory of Kent Finlay of Martindale.
HR 2808 (by Isaac), In memory of longtime Buda resident Gerald L. Bollinger.
HR 2821 (by Dutton), In memory of LaRone Therion Perry.
HR 2822 (by Dutton), In memory of Oris G. Green of Houston.
HR 2829 (by Cyrier), In memory of Mayde Elizabeth "Liz" McGinty of Caldwell County.
HR 2830 (by Sheffield), In memory of Theron H. Wilson of Stephenville.
HR 2852 (by Guerra), In memory of K-9 partner Indy of the Hidalgo County Sheriff's Office.
SCR 42 (Hughes - House Sponsor), In memory of Sam Wilson Russell.
The resolutions were unanimously adopted by a rising vote.
(J. White in the chair)
On motion of Representative Rose, the names of all the members of the house were added to HR 2331, HR 2332, HR 2333, and HR 2334 as signers thereof.
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
County Affairs, upon recess today, Desk 35, for a formal meeting, to consider pending business.
Ways and Means, upon recess today, Desk 1, for a formal meeting, to consider pending business.
Economic and Small Business Development, upon recess today, Desk 14, for a formal meeting, to consider pending business.
Judiciary and Civil Jurisprudence, upon recess today, Desk 13, for a formal meeting, to consider pending business.
Select Committee on State and Federal Power and Responsibility, upon recess today, Desk 82, for a formal meeting, to consider HCR 120, SCR 5, and SCR 37.
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. 5).
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
RECESS
Representatives Nevárez, Y. Davis, and Naishtat moved that the house recess until 10 a.m. tomorrow in memory of Charles Coleman Winn of Corpus Christi, Margaret Ann McCarthy Williams of Duncanville, and Charlotte Koehler Flynn of Austin.
The motion prevailed.
The house accordingly, at 4:10 p.m., recessed until 10 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
HCR 128 (By Price), Honoring Shanna Peeples on her Selection as National Teacher of The Year.
To Rules and Resolutions.
HR 3025 (By Murr), Honoring Llano as the Deer Capital of Texas.
To Culture, Recreation, and Tourism.
SB 514 to Ways and Means.
SB 1009 to Ways and Means.
SB 2046 to Public Education.
SB 2057 to Special Purpose Districts.
SB 2059 to Urban Affairs.
SCR 46 to Defense and Veterans' Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 25
SB 60, SB 292, SB 308, SB 363, SB 383, SB 408, SB 431, SB 450, SB 463, SB 540, SB 607, SB 680, SB 685, SB 737, SB 782, SB 783, SB 836, SB 853, SB 854, SB 862, SB 864, SB 871, SB 875, SB 914, SB 949, SB 956, SB 978, SB 1008, SB 1020, SB 1075, SB 1203, SB 1204, SB 1235, SB 1279, SB 1281, SB 1427, SB 1448, SB 1485, SB 1554, SB 1587, SB 1654, SB 1657, SB 1766, SB 1779, SB 1889, SB 2054, SCR 33, SCR 48, SJR 22
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 21, 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:
HB 121
Fletcher
SPONSOR: Whitmire
|
Relating to an alternative means of payment of certain past due criminal fines and court costs.
HB 473
Giddings
SPONSOR: Menéndez
|
Relating to a prohibition on the sale or transfer of certain law enforcement vehicles before removal of certain equipment and insignia.
HB 1062
Lucio III
SPONSOR: Lucio
|
Relating to authorizing a fee for county records technology and infrastructure costs in certain counties.
HB 1140
Israel
SPONSOR: Whitmire
|
Relating to the confinement of pregnant prisoners in county jails.
(Committee Substitute)
HB 1790
Márquez
SPONSOR: Lucio
|
Relating to job performance on behalf of a fire fighter or police officer who is recovering from an off-duty injury.
HB 1794
Geren
SPONSOR: Hancock
|
Relating to suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality; affecting civil penalties.
(Committee Substitute)
HB 2466
Collier
SPONSOR: Eltife
|
Relating to the creation of a safety reimbursement program for employers participating in the workers' compensation system.
HB 2717
Goldman
SPONSOR: West
|
Relating to the deregulation of hair braiding.
Relating to the amount of a sales and use tax refund for tangible personal property used to provide cable television service, Internet access service, or telecommunications services.
Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to Marcelino Serna.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
THE SENATE HAS REFUSED TO CONCUR IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
Senate Conferees: Nelson - Chair/Hinojosa/Huffman/Nichols/Schwertner
Senate Conferees: Nelson - Chair/Campbell/Hinojosa/Huffman/Lucio
Senate Conferees: Lucio - Chair/Eltife/Menéndez/Nichols/Taylor, Larry
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
Senate Conferees: Nelson - Chair/Birdwell/Campbell/Hinojosa/Schwertner
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 21, 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 184
Dale
SPONSOR: Schwertner
|
Relating to the allocation of costs and attorney's fees incurred by a Court of Inquiry.
Relating to transfer of the regional emergency medical dispatch resource centers program to the Commission on State Emergency Communications.
(Amended)
HB 721
Farias
SPONSOR: Campbell
|
Relating to the hunting or fishing license fee waiver for certain disabled veterans.
HB 801
King, Ken
SPONSOR: Eltife
|
Relating to planning for the use of and liability resulting from prescribed burns by the Parks and Wildlife Department.
(Committee Substitute/Amended)
HB 833
Clardy
SPONSOR: Nichols
|
Relating to certain holders of motor home manufacturer's and dealer's licenses.
HB 994
Anchia
SPONSOR: West
|
Relating to the exemption from ad valorem taxation of property used to collect, process, and deliver landfill-generated gas.
(Committee Substitute/Amended)
HB 1212
Price
SPONSOR: Schwertner
|
Relating to the prosecution and punishment of certain offenses under the Texas Controlled Substances Act and the regulation and scheduling of certain substances; creating criminal offenses.
(Committee Substitute/Amended)
HB 1878
Laubenberg
SPONSOR: Taylor, Van
|
Relating to the provision of telemedicine medical services in a school-based setting, including the reimbursement of providers under the Medicaid program for those services.
HB 2027
Bonnen, Greg
SPONSOR: Hancock
|
Relating to establishing precincts for elections held on a uniform election date by certain political subdivisions.
(Amended)
HB 2679
Flynn
SPONSOR: Estes
|
Relating to the powers of a public facility corporation.
(Amended)
HCR 110
Bonnen, Greg
SPONSOR: Taylor, Larry
|
Recognizing May 2015 as Amyotrophic Lateral Sclerosis Month.
HCR 129
King, Susan
SPONSOR: Campbell
|
Paying tribute to the U.S. military personnel from Texas who lost their lives in the line of duty.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 21, 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 716
Lozano
SPONSOR: Zaffirini
|
Relating to the certification of certain peace officers to enforce commercial motor vehicle safety standards.
HB 942
Kacal
SPONSOR: Birdwell
|
Relating to the storage of certain hazardous chemicals; transferring enforcement of certain reporting requirements, including the imposition of criminal, civil, and administrative penalties, from the Department of State Health Services to the Texas Commission on Environmental Quality; amending provisions subject to a criminal penalty; reenacting a criminal offense.
HB 973
Hernandez
SPONSOR: Garcia
|
Relating to the compensation and per diem compensation of emergency services commissioners in certain counties.
HB 1709
Harless
SPONSOR: Zaffirini
|
Relating to the closing, abandoning, and vacating of a public road by a county; authorizing the imposition of a fee.
(Amended)
HB 2100
Hernandez
SPONSOR: Garcia
|
Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
(Committee Substitute/Amended)
HB 3236
Fletcher
SPONSOR: Bettencourt
|
Relating to the extension of the portion of U.S. Highway 290 in Harris County designated as the Ronald Reagan Memorial Highway.
HCR 127
Wu
SPONSOR: Huffman
|
Commemorating the 20th anniversary of the Westchase District in Houston.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 21, 2015 - 4
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 the suspension of a driver's license for failure to pay a surcharge.
Relating to the issuance of interest-bearing time warrants by school districts.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 5
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Thursday, May 21, 2015 - 5
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 limitations on annexation by, extraterritorial jurisdiction of, and the authority to provide electric service of certain municipalities.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 20
Agriculture and Livestock - SB 1408
Business and Industry - SB 1213
County Affairs - SB 569, SB 1888, SCR 39
Criminal Jurisprudence - SB 825, SB 1135, SB 1326
Culture, Recreation, and Tourism - HCR 122
Defense and Veterans' Affairs - SB 1307, SB 1358, SB 1463
Economic and Small Business Development - SB 100
Emerging Issues In Texas Law Enforcement, Select - SB 158
Government Transparency and Operation - SB 309, SB 1455, SB 1638
Homeland Security and Public Safety - SB 398
Human Services - SB 204 (corrected), SB 207, SB 1560
Insurance - SB 188, SB 494
Judiciary and Civil Jurisprudence - SB 287, SB 306, SB 432, SB 478, SB 512, SB 536, SB 565, SB 681, SB 995, SB 1202, SB 1267, SB 1341, SB 1457, SB 1882, SB 1913
Land and Resource Management - SB 991
Public Health - SB 791
Special Purpose Districts - SB 2002, SB 2026, SB 2044, SB 2053
State Affairs - SB 776, SB 933
Transportation - SB 1184
Urban Affairs - SB 631, SB 1315, SB 1316, SB 1453, SB 1716, SB 1989
Ways and Means - SB 724, SB 762, SB 1725
SENT TO THE GOVERNOR
May 20 - HB 39, HB 115, HB 158, HB 188, HB 225, HB 280, HB 389, HB 431, HB 437, HB 495, HB 511, HB 601, HB 643, HB 705, HB 789, HB 795, HB 834, HB 896, HB 931, HB 941, HB 949, HB 1068, HB 1077, HB 1133, HB 1148, HB 1180, HB 1246, HB 1388, HB 1546, HB 1662, HB 1756, HB 1933, HB 1934, HB 1937, HB 1945, HB 1964, HB 1993, HB 2002, HB 2022, HB 2152, HB 2154, HB 2200, HB 2208, HB 2272, HB 2394, HB 2400, HB 2419, HB 2476, HB 2491, HB 2604, HB 2809, HB 2813, HB 2819, HB 2878, HB 2894, HB 2913, HB 3081, HB 3628, HB 4139, HB 4141, HB 4153