SEVENTY-SIXTH DAY --- FRIDAY, MAY 22, 2015
The house met at 1:14 p.m. and was called to order by the speaker pro tempore.
The roll of the house was called and a quorum was announced present (Record 1292).
Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; 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.
Absent, Excused — Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Hernandez.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Anchia on motion of Collier.
The following member was granted leave of absence for today because of important business in the district:
Lucio on motion of Collier.
On motion of Representative S. Thompson and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.
RULES SUSPENDED
Representative S. Thompson moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.
The motion prevailed.
MOTION FOR ONE RECORD VOTE
On motion of Representative Sheets and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number).
(Record 1293): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; 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; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; 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; Bonnen, D.(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; McClendon.
HB 2622
SB 1051
HB 3099 (Flynn and Zedler - no) (138 - 1 - 2)
HB 3116
SB 2038
HB 4138
SB 2039 (Flynn and Zedler - no) (138 - 1 - 2)
SB 2053 (Flynn and Zedler - no) (138 - 1 - 2)
HB 4202
HB 4203
HB 4205 (Flynn, Rinaldi, and Zedler - no) (137 - 2 - 2)
HB 4211 (Flynn, Rinaldi, and Zedler - no) (137 - 2 - 2)
HB 4212 (Flynn, Rinaldi, and Zedler - no) (137 - 2 - 2)
SB 34
SB 44 (Rinaldi, Simpson, Stickland, Tinderholt, and M. White - no) (134 - 5 - 2)
SB 59 (Rinaldi - no) (138 - 1 - 2)
SB 354 (Stickland - no) (138 - 1 - 2)
SB 386
SB 409
SB 460 (Hughes, Schaefer, and Simpson - no) (136 - 3 - 2)
SB 495
SB 643
SB 754 (Rinaldi - no) (138 - 1 - 2)
SB 808
SB 818
SB 822
SB 855
SB 858
SB 873
SB 940
SB 961
SB 988
SB 1149
SB 1196
SB 1210 (Rinaldi, Schaefer, Stickland, and Tinderholt - no) (135 - 4 - 2)
SB 1214
SB 1339
SB 1351 (Rinaldi - no) (138 - 1 - 2)
SB 1385
SB 1394
SB 1420
SB 1563
SB 1655 (Ashby, Cook, Craddick, Darby, Flynn, Geren, Goldman, Parker, Phillips, Simmons, Springer, and Zedler - no) (128 - 11 - 2)
SB 1714
SB 1737
SB 1776 (Flynn and Zedler - no) (138 - 1 - 2)
SB 1831
SB 1844 (Craddick, Flynn, Geren, Goldman, Parker, Phillips, Schaefer, Simmons, Springer, Stickland, and Zedler - no) (129 - 10 - 2)
SB 1853 (Bell, Cook, Craddick, Geren, Goldman, Krause, Parker, Simmons, Simpson, Springer, and E. S. Turner - no) (128 - 11 - 2)
SB 1878 (Stickland - no) (138 - 1 - 2)
SB 1987 (Krause, Rinaldi, Stickland, Tinderholt, E. S. Turner, and M. White - no) (133 - 6 - 2)
SB 2027
SB 2028
SB 2030
SB 2032
SB 2033
SB 2041
SB 2056
SB 306
SB 432 (Craddick, Goldman, Parker, Rinaldi, Schaefer, Simmons, Simpson, Springer, Stickland, Tinderholt, and M. White - no) (128 - 11 - 2)
SB 478 (Phillips and Rinaldi - no) (137 - 2 - 2)
SB 512 (Phillips and Rinaldi - no) (137 - 2 - 2)
SB 536 (S. King, Krause, Rinaldi, and Stickland - no) (135 - 4 - 2)
SB 565 (Rinaldi, Stickland, and M. White - no) (136 - 3 - 2)
SB 569 (Rinaldi - no) (138 - 1 - 2)
SB 610
SB 681
SB 791 (Rinaldi and Simpson - no) (137 - 2 - 2)
SB 991 (Krause, Rinaldi, Schaefer, Simpson, Stickland, E. S. Turner, and M. White - no) (132 - 7 - 2)
SB 1202 (Krause, E. S. Turner, and M. White - no) (136 - 3 - 2)
SB 1267
SB 1304 (Krause, Rinaldi, and E. S. Turner - no) (136 - 3 - 2)
SB 1305 (Krause, Rinaldi, E. S. Turner, and M. White - no) (135 - 4 - 2)
SB 1341
SB 1358 (E. S. Turner - no) (138 - 1 - 2)
SB 1455 (Krause, Schaefer, and E. S. Turner - no) (136 - 3 - 2)
SB 1457 (Krause and E. S. Turner - no) (137 - 2 - 2)
SB 1461 (Craddick, Geren, Rinaldi, Stickland, and Tinderholt - no) (134 - 5 - 2)
SB 1463 (Krause - no) (138 - 1 - 2)
SB 1725
SB 1882 (S. King and Simpson - no) (137 - 2 - 2)
SB 1918
SB 631
SB 1005
SB 1760 (Krause - no) (S. Thompson - present, not voting) (137 - 1 - 3)
SB 1989 (Workman requested to be recorded voting present, not voting after the deadline established by Rule 5, Section 52 of the House Rules.)
SB 2025 (Krause - no) (138 - 1 - 2)
SB 2055
SB 2043
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Pickett and by unanimous consent, the reading and referral of bills was postponed until just prior to final adjournment.
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).
ADDRESS BY REPRESENTATIVE FARIAS
ON A MATTER OF PERSONAL PRIVILEGE
The chair recognized Representative Farias who addressed the house on a matter of personal privilege, speaking as follows:
I have thought about this long and hard as I prepared to speak today. Before I start, I want to make sure that I do not intend to embarrass or belittle anybody on anything other than for the passion I have for veterans. Madam Chair, I've always been respectful to the body. I've never disrespected and/or embarrassed anybody. Jimmie Don is a personal friend of mine and I consider a personal friend. We worked hard on our universities. Him, Central A&M and myself, San Antonio A&M. So I do support our institutions of higher education in fighting for downward expansion this coming year for A&M in San Antonio and the buildings and facilities that will go up and increase the enrollment.
I thought long and hard about why my passion is so great for veterans. Just like some of y'all have probably thought, what drives Joe? What makes him serve on the Veterans' Committee for five terms? Why does he use his seniority to stay on the Veterans' Committee? And believe me, last night between three and six o'clock this morning I finally figured out, after 40-something years of coming back from Vietnam, what drives Joe Farias. What drives me to work for veterans? And I finally figured out it's the hurt that I've got in my heart---the anger I've got in me for us never being recognized. For us being belittled. For us being told to wear civilian clothing when we got off the plane, not to wear our uniforms because of what could happen to us. Representative Wayne Smith is probably familiar with what we went through and, I believe, Representative Flynn. And so all that has been embedded in me for many, many years. And this morning, like I said, between three and six, I realized that that's what it was. They erect statues for us 40 years later. We still have not told our story---our own personal stories. And I will share one with you right now that I thought about last night.
While I was in Vietnam, I caught what they call jungle rot. That is an infection you get on your feet from them being wet so long. And so the skin on my feet fell off, and they looked like when you skin a rabbit or a squirrel. I lay on my bed for over five days while they healed up---never writing my parents or letting them know what had happened to me. So as soon as I healed up, they put my boots back on, and they sent me back to the field. I got wet again. Luckily, I never got that infection again on my feet. But those are the things that have bothered me and been embedded in me for so many years that now, the day before memorial celebration here, we bring up legislation that in my opinion---not in y'alls, but in my opinion---is going to hurt veterans and their children. I struggle with that, I really do. It has nothing personal to do with Dr. Zerwas carrying the bill or Representative Miller trying to help or Representative Sheets. It just has to do with Joe Farias. It's me. I've got this in me that I've got to share with y'all. You say it's not going to affect the veterans---yes, it is. It's going to affect the family---and when we all left, our families went with us. They went with us, and they still go to Iraq and Afghanistan. They're still there. And tomorrow I've got to hand a family---I've been asked to present a family with a flag. I've got to look that family in the eye and tell them how sorry I feel. But yet today, we have a bill on this floor that will hurt those same families. I struggle with that. I keep saying that because I do, and I will not feel better until I speak my piece.
I will not sit like the statues that are erected for us---silent on the sideline. I refuse to do that. It's my duty as a veteran representing the veteran community to speak up because they can't. They could be in the gallery or at home or they're somewhere---but I feel that's my responsibility. That's why I was elected. As I read part of my speech---I want to read it so I get everything straight because I don't want my emotion to get in the way and not follow up on something that I've written. And believe me this is not the first draft; there's been several. In Vietnam, 58,000 Americans died. Just in Vietnam. Several thousand in Iraq and Afghanistan. I don't even know the total number of injuries of men and women who've lost limbs or part of their faces or are burned beyond recognition, but they still live. Fifty-eight thousand men died where I was at. A graduate friend of mine, Joaquin Teo, died. Nick Vasquez, we used to still laugh about how he got wounded. He threw a grenade, it ricocheted off a tree, and he got hit with that same grenade. Chopper Eckhart got shot, went to Japan---they healed him up and sent him back. Prusky lost an arm in a tank. All are from my neighborhood. And so as I read this, again, I say that I don't mean to offend anybody, but these are my words, nobody else's.
When we talk about the veteran, we must remember that with them comes their family. If asked, I would serve my country again. I committed to serving and committed to that sacrifice. But why hurt the families we hold so dear? Why take from them when they, too, have given so much? When we talk about keeping the veteran whole or protecting the rights of the veterans, this includes their families. The greatest gift we can give to our veterans and their families is an education. There are only two gifts we can give our children that can't be taken away---the first being life and the second being an education. Once you take away that benefit, not one of us can give it back. What does this bill and the subsequent decisions say about our priorities? Why are we so willing to take from the children of veterans based on 18 months of broken data? It took the Texas Higher Education Coordinating Board three months to answer my questions. If y'all recall, during the budget process I brought those questions up asking to get the right numbers. To this day, we haven't gotten them. The LBB and the Higher Education Board numbers don't match. And now the universities have their own numbers. So now we have three different numbers out there, and none of them match. It's been two months since I sent my letter to the speaker asking for answers---constantly waiting on the broken piece of data we're basing our decision on. This confirms to me exactly where my place is in this house---just another veteran. I forget that I am not supposed to ask questions. What's one more veteran? What's one more child?
I have consistently heard how much this benefit will cost our universities. What is not mentioned is just how much the students are putting back into the universities. On average, tuition only makes up only 40 percent of the cost to attend a college. If the student goes to a major university, it's about $6,500 that is exempt from them paying tuition. They pay the other $14,000 or $15,000 in books, fees, room and board to that university. That doesn't include what the federal government might send the universities on top of that. Everything else is left up to the student and their parents to provide. These parents are now left in limbo without the help they were promised. Each child we educate is more than a number or a price tag. They are a future created by our past and determined by the present. In this present moment, we must remember the human element of the story.
SB 1735 is more than just a bill. This bill is the child waiting for their mom to return home from Iraq. It's a veteran who did four tours in four years and wants nothing more than the tremors to stop---fear gripping him every time he has to drive to the grocery store. It's a mother who will never have the opportunity to hold her son again---her arms left cold and open with longing. Every bill that comes before this chamber has a purpose. We have the ability to determine the purpose of this bill. We can make this bill about the veterans and their families. This bill can fulfill the promise we made to our veterans in 2009. Let's look beyond slashing a benefit and look to who this program is benefiting. Let us not resign ourselves to an easy fix. Or we can make it about the groups that speak for costly school administration, whose judgement is clouded by the dollars and cents to be gained. We will allow the entities who wrote their own bill to sign their own check as well. Let me make it clear how the LBB categorized this collection of data. Data surrounding Hazlewood was, and I'm quoting, "limited and the classification of recipients by type were not followed consistently by institutions, making analysis of detailed student data difficult." That is what we got from the LBB. And now you're being asked to make a decision and cut the benefits of children on flawed information.
When it comes time to take that vote, members, please remember who is on the other side of that light. It's not the universities or the administration, but the children who stand on the other side. They may not know what action we're taking today until it's too late. Look back on this moment when an old E-5, being me, stood up in these hallowed halls and asked you to think twice and open your heart to those who have endured the most. I have lived more lives than I care to remember and have done things I unfortunately will never forget. Please don't thank me for my service or raise the flag for me. I am no more deserving of the recognition than the next man. Take from me what you will. I have and never will accept anything for my service. But those who hurt most are our families. They need us now more than ever, and I will fight for them until I can fight no longer.
Yesterday, a young man was in my office after we left. He's a young veteran who was walking around, office to office, hoping he could meet with someone. He was from San Antonio. He came to my office, and so I told my chief of staff, let me visit with him. He was worried that he's got a young daughter---I think sixth grade. He says, I want her to go to a university, but I'm trying to figure out if they kill Hazlewood and my child is not eligible---how am I going to make up that money? I guess she'll have to go to a junior college or community college. He said, I don't know what to do. So I shared with him my thoughts, and he thanked me, and he left. And so to me that's the hard part of telling people your child is not going to be eligible.
I have some amendments that I will be bringing forward today. They might be passed; they might not; they might be stripped in committee---I don't know, in conference. But I'm going to make an attempt. I am really one that will tell you up front who I am and what I'm going to do. So tomorrow, ladies and gentlemen, I will be requesting strict enforcement during the debate discussions on this particular bill. These are votes that you have to hit that light yes or no, nobody else. And so I'm just letting everyone know that I'll be asking for strict enforcement today when that bill comes forward. If I got emotional or I offended anyone, I truly want to apologize because that's the way I was brought up. I thank you for your time and patience for allowing me to tell you a little bit of my story. And I hope you see through all this---support the amendments or not support them. You represent your districts, and you can decide whether you're going to help our veterans---or are you going to say no, there's a scorecard on this or I got an e-mail from the university that says that this is the most lucrative benefit for any veteran. Well, I think the only thing lucrative is paying a basketball coach $27 million. I think that's lucrative. I don't think giving a veteran something, or helping them with something---that's not lucrative. I think they've earned that. I think we've all earned it. Me, I'll never benefit from this, but there's some folks behind me, younger, that are planning on joining the military. They hope this benefit's still there.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 760 ON THIRD 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.
SB 760 was passed by (Record 1294): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; 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; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; 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; Bonnen, D.(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez.
STATEMENT OF VOTE
When Record No. 1294 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
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, House List No. 23).
(Speaker in the chair)
REMARKS ORDERED PRINTED
Representative Dale moved to print remarks by Representative Farias.
The motion prevailed.
SB 1756 ON THIRD 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 Phillips offered the following amendment to SB 1756:
Amend SB 1756 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 521.001, Transportation Code, is amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (b), the department by rule shall may define the types of vehicles that are "motorcycles" for the purposes of this chapter. The Texas Department of Motor Vehicles by rule may define the types of vehicles that are "motorcycles" for purposes of Chapters 501, 502, and 503. This subsection only applies to vehicles manufactured by a manufacturer licensed under Chapter 2301, Occupations Code
SECTION ____. Section 521.085(b), Transportation Code, is amended to read as follows:
(b) In adopting rules under Section 521.001(c), the department may identify certain types of motorcycles that may be operated by the holder of a driver's license other than a Class M driver's license [Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a) (6-a)].
SECTION ____. Section 680.013, Transportation Code, is amended to read as follows:
Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. (a) A motorcycle [, including a motorcycle described by Section 521.001(a) (6-a),] may be operated in a preferential lane that is not closed to all vehicular traffic.
(b) In addition to a motorcycle defined by Section 661.001, the department by rule may designate a type of motorcycle defined by the department under Section 521.001(c) that may be operated in a preferential lane that is not closed to all vehicular traffic.
SECTION ____. Section 521.001(a) (6-a), Transportation Code, is repealed.
Amendment No. 1 was adopted. (The vote was reconsidered later today, and Amendment No. 1 was withdrawn.)
Amendment No. 2
Representative Phillips offered the following amendment to SB 1756:
Amend SB 1756 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 521.001(a)(6-a), Transportation Code, is amended to read as follows:
(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) [has a minimum unladen weight of 900 lbs.;
[(C)] has a single, completely enclosed, occupant compartment; and
(C) [(D)] at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; [and]
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216, if:
(a) the unladen weight of the vehicle is more than 900 pounds; or
(b) the unladen weight of the vehicle is not more than 900 pounds and the vehicle has a maximum speed capability of more than 40 miles per hour; and
(vii) an active tilt control system if the unladen weight of the vehicle is not more than 900 pounds and the vehicle has a maximum speed capability of 40 miles per hour or less[; and
[(E)
is produced by its manufacturer in a minimum quantity of
300
in any calendar year].
SECTION ____. Subchapter I, Chapter 545, Transportation Code, is amended by adding Section 545.4165 to read as follows:
Sec. 545.4165. OPERATION OF CERTAIN MOTORCYCLES. A person may not operate a motorcycle described by Section 521.001(a)(6-a)(C)(vii) on a public highway for which the posted speed limit is more than 45 miles per hour, except that the operator may cross an intersection with a public highway that has a posted speed limit of more than 45 miles per hour.
Amendment No. 2 was adopted.
SB 1756, as amended, was passed by (Record 1295): 140 Yeas, 0 Nays, 1 Present, not voting. (The vote was reconsidered later today, and SB 1756 was further amended and was passed by Record No. 1324.)
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; 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(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Naishtat.
STATEMENTS OF VOTE
When Record No. 1295 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted yes.
Naishtat
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 1512 ON THIRD READING
(Pickett - House Sponsor)
SB 1512, A bill to be entitled An Act relating to the Texas Department of Motor Vehicles fund.
SB 1512 was passed by (Record 1296): 129 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; 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.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Herrero; Howard; Hughes; Hunter; Isaac; Israel; Kacal; Keough; King, K.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Burkett; Davis, Y.; Dukes; Frank; Harless; Hernandez; Huberty; Keffer; King, P.; Miller, D.; Raney; Schaefer; Stephenson; Wu.
STATEMENTS OF VOTE
When Record No. 1296 was taken, my vote failed to register. I would have voted yes.
Frank
When Record No. 1296 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
SB 46 ON THIRD READING
(Raymond - House Sponsor)
SB 46, A bill to be entitled An Act relating to the confidentiality of certain property tax appraisal photographs.
Amendment No. 1
Representative T. King offered the following amendment to SB 46:
Amend SB 46 on third reading in SECTION 1 of the bill by adding a new Subsection (c-1):
(c-1) Notwithstanding any other law, a photograph described by Subsection (a) may be used to ascertain the location of equipment used to produce or transmit oil and gas for purposes of taxation if that equipment is located on January 1 in the appraisal district that appraises property for the equipment for the preceding 365 consecutive days.
Amendment No. 1 was adopted.
SB 46, as amended, was passed by (Record 1297): 137 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; 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; 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.; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Keough.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Deshotel; Dukes; Hernandez; Leach; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1297 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1297 was taken, I was shown voting no. I intended to vote yes.
Keough
When Record No. 1297 was taken, I was temporarily out of the house chamber. I would have voted yes.
Leach
SB 735 ON THIRD 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 was passed by (Record 1298): 93 Yeas, 44 Nays, 1 Present, not voting.
Yeas — Alvarado; 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; 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; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Herrero; Howard; Israel; King, S.; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Deshotel; Dukes; Dutton; Hernandez; Leach; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1298 was taken, I was shown voting yes. I intended to vote no.
Alvarado
When Record No. 1298 was taken, I was temporarily out of the house chamber. I would have voted no.
Hernandez
When Record No. 1298 was taken, I was temporarily out of the house chamber. I would have voted yes.
Leach
When Record No. 1298 was taken, I was shown voting no. I intended to vote yes.
Márquez
When Record No. 1298 was taken, I was in the house but away from my desk. I would have voted yes.
VanDeaver
SB 239 ON THIRD READING
(Zerwas and Coleman - House Sponsors)
SB 239, A bill to be entitled An Act relating to student loan repayment assistance for certain mental health professionals.
SB 239 was passed by (Record 1299): 81 Yeas, 59 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Aycock; Bernal; Blanco; Bonnen, G.; Burkett; Canales; Coleman; Collier; Cook; Crownover; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Farias; Farney; Farrar; Frullo; Galindo; Giddings; González; Guerra; Guillen; Gutierrez; Herrero; Howard; Huberty; Hunter; Israel; Keffer; King, K.; King, T.; Klick; Koop; Kuempel; Larson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Phillips; Pickett; Raney; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Smith; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Wu; Zerwas.
Nays — Anderson, C.; Anderson, R.; Ashby; Bell; Bohac; Bonnen, D.; Burns; Burrows; Button; Capriglione; Clardy; Craddick; Cyrier; Dale; Elkins; Faircloth; Fallon; Fletcher; Frank; Geren; Goldman; Gonzales; Harless; Hughes; Isaac; Kacal; Keough; King, P.; King, S.; Krause; Landgraf; Laubenberg; Metcalf; Parker; Paul; Phelan; Price; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, M.; Workman; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach.
STATEMENTS OF VOTE
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Ashby
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1299 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1299 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1299 was taken, I was temporarily out of the house chamber. I would have voted no.
Leach
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Price
When Record No. 1299 was taken, I was shown voting no. I intended to vote yes.
Simmons
HR 2953 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HR 2953.
The motion prevailed.
The following resolution was laid before the house:
HR 2953, Commemorating the 90th anniversary of the founding of Pinecrest Presbyterian Church in Houston.
HR 2953 was adopted.
SB 664 ON THIRD 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.
SB 664 was passed by (Record 1300): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; 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; 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.; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach; VanDeaver.
STATEMENTS OF VOTE
When Record No. 1300 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1300 was taken, I was temporarily out of the house chamber. I would have voted yes.
Leach
When Record No. 1300 was taken, I was in the house but away from my desk. I would have voted yes.
VanDeaver
SB 849 ON THIRD 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 by (Record 1301): 138 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; 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.
Nays — Muñoz.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Deshotel; Dukes; Hernandez; Leach.
STATEMENTS OF VOTE
When Record No. 1301 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1301 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1301 was taken, I was in the house but away from my desk. I would have voted yes.
Leach
SB 1356 ON THIRD READING
(Darby and Howard - House Sponsors)
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 was passed by (Record 1302): 122 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Farias; Farney; Farrar; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zerwas.
Nays — Fallon; Fletcher; Frank; Krause; Miller, R.; Muñoz; Riddle; Rinaldi; Sanford; Schaefer; Shaheen; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; White, M.; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach.
STATEMENTS OF VOTE
When Record No. 1302 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1302 was taken, I was shown voting yes. I intended to vote no.
Isaac
When Record No. 1302 was taken, I was temporarily out of the house chamber. I would have voted no.
Leach
(Sheets in the chair)
SB 917 ON THIRD 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 by (Record 1303): 71 Yeas, 67 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Bernal; Blanco; Canales; Clardy; Coleman; Collier; Cook; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Farias; Farney; Farrar; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guillen; Gutierrez; Herrero; Howard; Israel; Kacal; Keffer; King, K.; King, S.; King, T.; Kuempel; Larson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Minjarez; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Phillips; Pickett; Price; Raney; Rinaldi; Rodriguez, E.; Rodriguez, J.; Rose; Schofield; Sheffield; Smith; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wray; Wu; Zerwas.
Nays — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Craddick; Crownover; Cyrier; Dale; Elkins; Faircloth; Fallon; Fletcher; Frank; Goldman; Guerra; Harless; Huberty; Hughes; Isaac; Keough; King, P.; Klick; Koop; Krause; Landgraf; Laubenberg; Metcalf; Meyer; Miller, D.; Miller, R.; Murr; Paddie; Parker; Paul; Phelan; Raymond; Riddle; Romero; Sanford; Schaefer; Schubert; Shaheen; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Zedler.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Hunter; Leach.
STATEMENTS OF VOTE
When Record No. 1303 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1303 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1303 was taken, I was temporarily out of the house chamber. I would have voted no.
Leach
When Record No. 1303 was taken, I was shown voting no. I intended to vote yes.
D. Miller
When Record No. 1303 was taken, I was shown voting yes. I intended to vote no.
Murphy
When Record No. 1303 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
When Record No. 1303 was taken, I was shown voting yes. I intended to vote no.
Wray
SB 582 ON THIRD READING
(Harless - House Sponsor)
SB 582, A bill to be entitled An Act relating to training courses for certain food handlers.
SB 582 was passed by (Record 1304): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; 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; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Ashby; Dukes; Hernandez; Leach.
STATEMENTS OF VOTE
When Record No. 1304 was taken, I was temporarily out of the house chamber. I would have voted yes.
Ashby
When Record No. 1304 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1304 was taken, I was temporarily out of the house chamber. I would have voted yes.
Leach
SB 1189 ON THIRD READING
(Zerwas - House Sponsor)
SB 1189, A bill to be entitled An Act relating to the establishment of a multidisciplinary studies associate degree program at each public junior college.
SB 1189 was passed by (Record 1305): 130 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zerwas.
Nays — Frank; King, S.; Krause; Schaefer; Schofield; Shaheen; Turner, E.S.; Zedler.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach; McClendon.
STATEMENTS OF VOTE
When Record No. 1305 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1305 was taken, I was temporarily out of the house chamber. I would have voted yes.
Leach
When Record No. 1305 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
SB 761 ON THIRD READING
(Murphy - House Sponsor)
SB 761, A bill to be entitled An Act relating to the taxation of fireworks.
SB 761 was passed by (Record 1306): 131 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; 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 — Bernal; Blanco; Davis, Y.; Minjarez; Murr; Rose; Springer; Thompson, E..
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach.
STATEMENTS OF VOTE
When Record No. 1306 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1306 was taken, I was in the house but away from my desk. I would have voted yes.
Leach
SB 1750 ON THIRD 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.
SB 1750 was passed by (Record 1307): 123 Yeas, 15 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Herrero; Howard; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Paul; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Craddick; Geren; Harless; Huberty; Krause; Metcalf; Otto; Phelan; Rinaldi; Schaefer; Schofield; Shaheen; Stickland; Tinderholt; Turner, E.S.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Klick; Leach.
STATEMENTS OF VOTE
When Record No. 1307 was taken, I was shown voting yes. I intended to vote no.
S. Davis
When Record No. 1307 was taken, I was shown voting no. I intended to vote yes.
Geren
When Record No. 1307 was taken, I was shown voting no. I intended to vote yes.
Harless
When Record No. 1307 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
When Record No. 1307 was taken, I was shown voting no. I intended to vote yes.
Otto
When Record No. 1307 was taken, I was shown voting yes. I intended to vote no.
Simpson
When Record No. 1307 was taken, I was shown voting yes. I intended to vote no.
Springer
SB 1589 ON THIRD 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 by (Record 1308): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; 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; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Hernandez; Leach.
STATEMENT OF VOTE
When Record No. 1308 was taken, I was temporarily out of the house chamber. I would have voted yes.
Hernandez
(Hernandez now present)
SB 2065 ON THIRD 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 was passed by (Record 1309): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets(C); 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 — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes.
STATEMENTS OF VOTE
When Record No. 1309 was taken, I was shown voting yes. I intended to vote no.
Canales
When Record No. 1309 was taken, I was excused to attend a funeral. I would have voted yes.
Flynn
SB 1105 ON THIRD 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.
SB 1105 was passed by (Record 1310): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Raney.
STATEMENT OF VOTE
When Record No. 1310 was taken, I was in the house but away from my desk. I would have voted yes.
Raney
SB 752 ON THIRD READING
(Murphy - House Sponsor)
SB 752, A bill to be entitled An Act relating to the repeal of the inheritance tax.
SB 752 was passed by (Record 1311): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Pickett.
SB 1308 ON THIRD 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 by (Record 1312): 136 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; 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; Zedler; Zerwas.
Nays — Keough; Rinaldi; Simpson; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes.
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 2:30 p.m. today, in 3W.9, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Local and Consent Calendars, 2:30 p.m. today, 3W.9, for a formal meeting, to consider pending business.
SB 1115 ON THIRD 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 by (Record 1313): 139 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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 — Nevárez.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Davis, Y.; Dukes.
SB 654 ON THIRD 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.
SB 654 was passed by (Record 1314): 140 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Rose; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes.
STATEMENT OF VOTE
When Record No. 1314 was taken, I was shown voting present, not voting. I intended to vote yes.
Rose
SB 790 ON THIRD 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 by (Record 1315): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Kacal.
STATEMENT OF VOTE
When Record No. 1315 was taken, my vote failed to register. I would have voted yes.
Kacal
SB 757 ON THIRD 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 passed by (Record 1316): 106 Yeas, 34 Nays, 2 Present, not voting.
Yeas — Alonzo; 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.; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Guillen; Herrero; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Muñoz; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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; Alvarado; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Farias; Farrar; Giddings; González; Gutierrez; Hernandez; Howard; Israel; Márquez; Martinez; Martinez Fischer; Miles; Minjarez; Moody; Naishtat; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Dukes; Harless.
STATEMENTS OF VOTE
When Record No. 1316 was taken, my vote failed to register. I would have voted yes.
Harless
When Record No. 1316 was taken, I was shown voting no. I intended to vote yes.
Márquez
SB 1139 ON THIRD READING
(Smithee, Raymond, and Oliveira - House Sponsors)
SB 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.
SB 1139 was passed by (Record 1317): 138 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, R.; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; 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.
Nays — Miller, D.; Thompson, E..
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Peña; Reynolds.
Absent — Canales; Dukes.
STATEMENT OF VOTE
When Record No. 1317 was taken, I was shown voting no. I intended to vote yes.
E. Thompson
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Muñoz on motion of Lozano.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
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.
SB 1301 was read second time on May 21, an amendment was offered and disposed of, and SB 1301 was passed to third reading, as amended. The vote was later reconsidered, and SB 1301 was postponed until 3 p.m. May 21. Amendment No. 1 was pending at the time of postponement.
Amendment No. 1 was withdrawn.
SB 1301 was passed to third reading.
SCR 37
(Paul - House Sponsor)
SCR 37, Urging Congress to encourage the Department of Defense to relocate the United States Africa Command to Ellington Field Joint Reserve Base in Houston.
SCR 37 was considered in lieu of HCR 109.
SCR 37 was adopted by (Record 1318): 136 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets(C); 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 — Dutton; Stickland.
Present, not voting — Mr. Speaker.
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Muñoz; Peña; Reynolds.
Absent — Darby; Dukes; King, S.; Naishtat.
STATEMENTS OF VOTE
When Record No. 1318 was taken, I was in the house but away from my desk. I would have voted yes.
Darby
When Record No. 1318 was taken, I was in the house but away from my desk. I would have voted yes.
S. King
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Price on motion of Larson.
HCR 109 - LAID ON THE TABLE SUBJECT TO CALL
Representative Paul moved to lay HCR 109 on the table subject to call.
The motion prevailed.
COMMITTEE GRANTED PERMISSION TO MEET
Representative S. King requested permission for the Committee on Defense and Veterans' Affairs to meet while the house is in session, at 3:15 p.m. today, in 1W.14, to consider SB 1824.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Defense and Veterans' Affairs, 3:15 p.m. today, 1W.14, for a formal meeting, to consider SB 1824.
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, postponed until May 21, and was again postponed until 11 a.m. today.
Amendment No. 1
Representative Phillips offered the following amendment to SB 1173:
Amend SB 1173 (house committee report) as follows:
(1) On page 30, lines 19 and 20, strike "to Sections 522.011, 522.042, and 522.071, Transportation Code,".
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 621.102(d), Transportation Code, is amended to read as follows:
(d) A vehicle operating under a permit issued under Section 623.011, 623.0171, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or 623.212 may operate under the conditions authorized by the permit over a road for which the executive director of the Texas Department of Transportation has set a maximum weight under this section.
SECTION ____. Section 621.301(e), Transportation Code, is amended to read as follows:
(e) A vehicle operating under a permit issued under Section 623.011, 623.0171, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or 623.212 may operate under the conditions authorized by the permit over a road for which the commissioners court has set a maximum weight under this section.
SECTION ____. Section 622.011(a), Transportation Code, is amended to read as follows:
(a) In this subchapter, "ready-mixed concrete truck" means:
(1) a vehicle designed exclusively to transport or manufacture ready-mixed concrete and includes a vehicle designed exclusively to transport and manufacture ready-mixed concrete; [or]
(2) a concrete pump truck; or
(3) a volumetric concrete truck.
SECTION ____. Section 622.012, Transportation Code, is amended to read as follows:
Sec. 622.012. AXLE WEIGHT RESTRICTIONS. Except as permitted under Section 623.0171, a [(a) A] ready-mixed concrete truck with three axles may be operated on a public highway of this state only if the tandem axle weight is not heavier than 46,000 pounds and the single axle weight is not heavier than 23,000 pounds.
[(b)
A truck may be operated at a weight that exceeds the maximum single axle or tandem axle weight limitation by not more than 10 percent if the gross weight is not heavier than 69,000 pounds and the department has issued a permit that authorizes the operation of the vehicle under Section 623.0171.]
SECTION ____. Section 623.0113, Transportation Code, is amended to read as follows:
Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided by Subsection (b), a permit issued under Section 623.011 or 623.0171 does not authorize the operation of a vehicle on:
(1) the national system of interstate and defense highways in this state if the weight of the vehicle is greater than authorized by federal law; or
(2) a bridge for which a maximum weight and load limit has been established and posted by the Texas Transportation Commission under Section 621.102 or the commissioners court of a county under Section 621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established and posted under those sections.
(b) The restrictions under Subsection (a)(2) do not apply if a bridge described by Subsection (a)(2) provides the only public vehicular access from an origin or to a destination by a holder of a permit issued under Section 623.011 or 623.0171.
SECTION ____. Section 623.0171, Transportation Code, is amended by amending Subsections (b), (h), (i), and (j) and adding Subsection (n) to read as follows:
(b) The department may issue a permit that authorizes the operation of a ready-mixed concrete truck:
(1) with three axles at a weight that exceeds the maximum single axle or tandem axle weight limitation authorized under Section 622.012 by not more than 10 percent, if the gross weight is not heavier than 69,000 pounds; and
(2) with more than three axles at a gross weight and axle weight allowed for a permit issued under Section 623.011.
(h) A [Unless otherwise provided by state or federal law, a] county or municipality may not require a permit, fee, or license for the operation of a ready-mixed concrete truck in addition to a permit, fee, or license required by state law.
(i) Section 622.014 does not apply to a permit issued under this section. Section 622.015 does not apply to an owner of a ready-mixed concrete truck who holds a permit under this section for the truck.
(j) A [Unless otherwise provided by state or federal law,
a] ready-mixed concrete truck may operate on a state, county, or municipal road, including a load-zoned county road or a frontage road adjacent to a federal interstate highway, if the truck displays a sticker required by Subsection (e) and does not exceed the maximum gross weight authorized under this section [Section
622.012].
(n) The operation of a ready-mixed concrete truck in excess of the maximum gross or axle weight authorized by a permit issued under this section does not invalidate the permit for purposes of determining other weights authorized by the permit.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Phillips offered the following amendment to SB 1173:
Amend SB 1173 (house committee report) as follows:
(1) On page 30, lines 19 and 20, strike "to Sections 522.011, 522.042, and 522.071, Transportation Code,".
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 644.151, Transportation Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1) and (d) to read as follows:
(a) A person commits an offense if the person:
(1) violates a rule adopted under this chapter; [or]
(2) does not permit an inspection authorized under Section 644.104; or
(3) knowingly operates a commercial motor vehicle in violation of 49 C.F.R. Section 385.13 or owns, leases, or assigns a person to drive a commercial motor vehicle that is knowingly operated in violation of 49 C.F.R. Section 385.13.
(b) Except as provided by Subsection (d), an [An] offense under Subsection (a)(1) or (2) [this section] is a Class C misdemeanor.
(b-1) An offense under Subsection (a)(3) is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in bodily injury; or
(2) a felony of the second degree if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle accident that resulted in the death of a person.
(d) An offense under Subsection (a)(1) or (2) relating to brakes, tires, or load securement is a Class C misdemeanor punishable by a fine of not less than $150 or more than $500 if the offense involves a violation of:
(1) a regulation under 49 C.F.R. Part 393, Subpart C, as that regulation existed on April 1, 2014;
(2) 49 C.F.R. Section 393.75, as that regulation existed on April 1, 2014; or
(3) a regulation under 49 C.F.R. Part 393, Subpart I, as that regulation existed on April 1, 2014.
Amendment No. 2 was adopted by (Record 1319): 131 Yeas, 7 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Keough; Schaefer; Simpson; Spitzer; Stickland; Tinderholt; White, M.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Dukes; Goldman.
STATEMENTS OF VOTE
When Record No. 1319 was taken, my vote failed to register. I would have voted yes.
Goldman
When Record No. 1319 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
Amendment No. 3
Representatives Craddick, Harless, and Cook offered the following amendment to SB 1173:
Amend SB 1173 (house committee printing) as follows:
(1) On page 28, line 21, strike "COMMERCIAL".
(2) On page 29, line 8, strike "commercial".
(3) On page 29, line 13, strike "commercial".
(4) On page 29, immediately following line 27, add the following new subsection, appropriately lettered, and reletter subsections of added Section 545.4255, Transportation Code, and cross-references to those subsections, accordingly:
(____) This section preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to generating, sending, or reading a text message while driving a motor vehicle.
Amendment No. 3 was adopted by (Record 1320): 89 Yeas, 44 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Button; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Harless; Hernandez; Herrero; Howard; Hunter; Israel; Kacal; King, K.; King, P.; Koop; Kuempel; Landgraf; Larson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; Meyer; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murr; Naishtat; Nevárez; Otto; Paddie; Parker; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Rose; Sheffield; Simmons; Smith; Smithee; Stephenson; Thompson, E.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wu; Zerwas.
Nays — Anderson, R.; Bell; Burns; Burrows; Canales; Cyrier; Elkins; Faircloth; Fallon; Frank; Guillen; Gutierrez; Hughes; Keffer; Keough; King, S.; King, T.; Klick; Krause; Laubenberg; Leach; Metcalf; Miles; Murphy; Oliveira; Paul; Phelan; Rinaldi; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simpson; Spitzer; Springer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Wray; Zedler.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Anderson, C.; Capriglione; Dukes; Huberty; Isaac; McClendon; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted no.
C. Anderson
When Record No. 1320 was taken, my vote failed to register. I would have voted no.
Capriglione
When Record No. 1320 was taken, I was temporarily out of the house chamber. I would have voted no.
Huberty
When Record No. 1320 was taken, my vote failed to register. I would have voted yes.
Isaac
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Parker
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:
Gonzales on motion of Kuempel.
SB 1173 - (consideration continued)
Amendment No. 4
Representative Pickett offered the following amendment to SB 1173:
Amend SB 1173 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 103.0213, Government Code, is amended to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Transportation Code if ordered by the court or otherwise required:
(1) administrative fee on dismissal of charge of driving with an expired motor vehicle registration (Sec. 502.407, Transportation Code) . . . not to exceed $20;
(2) administrative fee on dismissal of charge of driving with an expired driver's license (Sec. 521.026, Transportation Code) . . . not to exceed $20;
(3) administrative fee on remediation of charge of operating a vehicle without complying with inspection requirements as certified (Sec. 548.605, Transportation Code) . . . not to exceed $20;
(4) administrative fee for failure to appear for a complaint or citation on certain offenses (Sec. 706.006, Transportation Code) . . . $30 for each violation; and
(5) [(4)] administrative fee for failure to pay or satisfy certain judgments (Sec. 706.006, Transportation Code) . . . $30.
SECTION ____. Section 502.047(a), Transportation Code, is amended to read as follows:
(a) Except as provided by Chapter 548, the [The] department and the Department of Public Safety shall ensure compliance with the motor vehicle inspection requirements under Chapter 548, including compliance with the motor vehicle emissions inspection and maintenance program under Subchapter F of that chapter, through a vehicle registration-based enforcement system.
SECTION ____. Section 548.256, Transportation Code, is amended to read as follows:
Sec. 548.256. PROOF OF COMPLIANCE WITH INSPECTION REQUIREMENTS REQUIRED TO REGISTER VEHICLE. (a) Except as provided by Subsection (b) or (c), before [Before] a vehicle may be registered, the Texas Department of Motor Vehicles or the county assessor-collector registering the vehicle shall verify that the vehicle complies with [has passed] the applicable inspection requirements under this chapter and Chapter 382, Health and Safety Code [inspections required by this chapter], as indicated in the department's inspection database. If the database information is not available, the owner of the vehicle may present a vehicle inspection report issued for the vehicle.
(b) The Texas Department of Motor Vehicles or a county assessor-collector may register a vehicle that is not in compliance with the applicable inspection requirements under this chapter or Chapter 382, Health and Safety Code, if the vehicle is located in another state at the time the applicant applies for registration or registration renewal under Chapter 502 and the applicant certifies that the vehicle is located in another state and the applicant will comply with the applicable inspection requirements under this chapter, Chapter 382, Health and Safety Code, and the department's administrative rules regarding inspection requirements once the vehicle is operated in this state. The Texas Department of Motor Vehicles or the county assessor-collector shall add a notation to the Texas Department of Motor Vehicles' registration database for law enforcement to verify the inspection status of the vehicle.
(c) Subsection (a) does not apply to:
(1) a vehicle that is being registered under the International Registration Plan as authorized by Section 502.091; or
(2) a token trailer that is being registered under Section 502.255, including a token trailer that is being registered for an extended period under Section 502.0023.
SECTION ____. Subchapter I, Chapter 548, Transportation Code, is amended by adding Section 548.605 to read as follows:
Sec. 548.605. OPERATING A VEHICLE WITHOUT COMPLYING WITH INSPECTION REQUIREMENTS AS CERTIFIED; OFFENSE; DISMISSAL OF CHARGE. (a) In this section, "working day" means any day other than a Saturday, a Sunday, or a holiday on which county offices are closed.
(b) A person commits an offense if:
(1) the person operates in this state a vehicle for which a certification was provided under Section 548.256(b); and
(2) the vehicle is not in compliance with the applicable inspection requirements under this chapter, Chapter 382, Health and Safety Code, or the department's administrative rules regarding inspection requirements.
(c) A peace officer may require the owner or operator to produce a vehicle inspection report issued for the vehicle if the Texas Department of Motor Vehicles' registration database includes a notation for law enforcement to verify the inspection status of the vehicle.
(d) It is a defense to prosecution under Subsection (b) that a passing vehicle inspection report issued for the vehicle is in effect at the time of the offense.
(e) A court shall:
(1) dismiss a charge under this section if the defendant remedies the defect:
(A) not later than the 20th working day after the date of the citation or before the defendant's first court appearance date, whichever is later; and
(B) not later than the 40th working day after the applicable deadline provided by this chapter, Chapter 382, Health and Safety Code, or the department's administrative rules regarding inspection requirements; and
(2) assess an administrative fee not to exceed $20 when the charge has been remedied under Subdivision (1).
(f) An offense under this section is a Class C misdemeanor.
Amendment No. 4 was adopted by (Record 1321): 119 Yeas, 11 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, R.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Burns; 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; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Smith; Smithee; Stephenson; Thompson, E.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Keough; Laubenberg; Rinaldi; Schaefer; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Gonzales.
Absent — Anderson, C.; Bell; Bonnen, G.; Burkett; Burrows; Dukes; Simmons; Springer; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1321 was taken, I was in the house but away from my desk. I would have voted yes.
C. Anderson
When Record No. 1321 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1321 was taken, my vote failed to register. I would have voted yes.
Simmons
When Record No. 1321 was taken, I was in the house but away from my desk. I would have voted yes.
Springer
Amendment No. 5
Representative R. Anderson offered the following amendment to SB 1173:
Amend SB 1173 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION____. Section 623.019(f), Transportation Code, is amended to read as follows:
(f) A justice or municipal court [of the peace] has jurisdiction of an [any] offense under this section. [A municipal court has jurisdiction of an offense under this section in which the fine does not exceed $500.]
Amendment No. 5 was adopted by (Record 1322): 121 Yeas, 12 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; 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; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Frank; Frullo; Galindo; Geren; Giddings; Goldman; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; Klick; Koop; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zerwas.
Nays — Bell; Hughes; Keough; Krause; Rinaldi; Schaefer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Zedler.
Present, not voting — Mr. Speaker; Sheets(C).
Absent, Excused — Anchia; Flynn; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Gonzales.
Absent — Dukes; Hunter; King, T.; Miller, R.; Riddle; Stephenson.
STATEMENTS OF VOTE
When Record No. 1322 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1322 was taken, I was in the house but away from my desk. I would have voted yes.
R. Miller
(Gonzales now present)
SB 1173 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of SB 1173 under Rule 8, Section 1 and Rule 11, Section 1 of the House Rules on the grounds that the caption is inaccurate and the amendment is not in order.
The point of order was withdrawn.
Representative Phillips moved to postpone consideration of SB 1173 until 3:45 p.m. today.
The motion prevailed.
SB 1511 ON SECOND READING
(Collier - House Sponsor)
SB 1511, A bill to be entitled An Act relating to the establishment and governance of certain regional transportation authorities.
SB 1511 was read second time on May 20 and was postponed until 1 p.m. today.
Representative Collier moved to postpone consideration of SB 1511 until 3:06 p.m. Tuesday, May 26.
The motion prevailed.
(Speaker in the chair)
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 523 ON SECOND READING
(Keffer - House Sponsor)
CSSB 523, A bill to be entitled An Act relating to the sunset review of river authorities.
CSSB 523 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE E. RODRIGUEZ: This is a critical issue for my district as well. Are you aware that if an out-of-state utility was allowed to forcibly take over LCRA's transmission assets, that this would strip a primary source of revenue from LCRA and would likely significantly increase the price that cities, including Austin, pay for water to LCRA over the long-term?
REPRESENTATIVE KEFFER: You're asking me if I knew that?
E. RODRIGUEZ: Are you aware that that's a possibility?
KEFFER: Well, I've become aware of that, but I was not when we started working on this bill.
E. RODRIGUEZ: To confirm, and you've stated this already, but to confirm, you will not sign a conference committee report that removes the electricity exception from LCRA from this bill. Is that correct?
KEFFER: Well, we will go to conference, and it is my job to uphold the house version of this bill, and that's what we will do. We will ask for conferees to help me do that.
E. RODRIGUEZ: I strongly encourage you to do that.
REMARKS ORDERED PRINTED
Representative E. Rodriguez moved to print remarks between Representative Keffer and Representative E. Rodriguez.
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 Defense and Veterans' Affairs:
Shaheen on motion of Schofield.
CSSB 523 - (consideration continued)
CSSB 523 was passed to third reading.
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 37 ON SECOND READING
(Naishtat - House Sponsor)
CSSB 37, A bill to be entitled An Act relating to requiring the Texas Higher Education Coordinating Board to collect and study data on the participation of persons with intellectual and developmental disabilities at public institutions of higher education.
CSSB 37 was passed to third reading.
SB 935 ON SECOND READING
(Deshotel - House Sponsor)
SB 935, A bill to be entitled An Act relating to the establishment of a reading excellence team pilot program.
SB 935 was passed to third reading.
CSSB 57 ON SECOND READING
(Simmons - House Sponsor)
CSSB 57, A bill to be entitled An Act relating to information collected by a regional tollway authority, regional transportation authority, metropolitan rapid transit authority, or coordinated county transportation authority.
Amendment No. 1
Representative Martinez offered the following amendment to CSSB 57:
Amend CSSB 57 (house committee report) as follows:
(1) On page 2, line 8, between "366.179(d)," and "and", insert "370.177(m),".
(2) On page 3, line 23, between "authority," and "regional transportation authority", insert "regional mobility authority,".
(3) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 370.177, Transportation Code, is amended by adding Subsection (m) to read as follows:
(m) Information collected for the purposes of this section, including contact, payment, and other account information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.
SECTION ____. Sections 370.178(a) and (d), Transportation Code, are amended to read as follows:
(a) For purposes of this section, "transponder" means a device placed on or within a motor vehicle [an automobile] that is capable of transmitting or receiving information used to assess or collect tolls or provide toll exemptions. A transponder is insufficiently funded if there is no money in the account for which the transponder was issued.
(d) Transponder [customer] account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.
Amendment No. 1 was adopted.
CSSB 57, as amended, was passed to third reading.
CSSB 304 ON SECOND READING
(Raymond - House Sponsor)
CSSB 304, A bill to be entitled An Act relating to certain violations committed by long-term care facilities, including violations that constitute the abuse and neglect of residents.
CSSB 304 was passed to third reading.
SB 972 ON SECOND READING
(Deshotel - House Sponsor)
SB 972, A bill to be entitled An Act relating to training academies for public school teachers who provide reading comprehension instruction to students in grades four and five.
SB 972 was passed to third reading.
SB 807 ON SECOND READING
(Sheets - House Sponsor)
SB 807, A bill to be entitled An Act relating to occupational license application and examination fees for certain military service members, military veterans, and military spouses.
SB 807 was passed to third reading.
(Shaheen now present)
SB 267 ON SECOND READING
(Huberty - House Sponsor)
SB 267, A bill to be entitled An Act relating to the regulation by a municipality or county of the rental or leasing of housing accommodations.
SB 267 - REMARKS
REPRESENTATIVE HUBERTY: This is related to the regulation by municipalities or counties for rental houses. It is about property rights of a business to operate autonomously without government overreach. It simply helps property owners who are also landlords by preventing municipalities and counties from adopting source-of-income ordinances requiring landlords to accept housing vouchers as a form of payment. It's a blanket ordinance meaning even a small investor who only owns one rental property and uses a realtor to lease or manage the property must accept housing vouchers from programs like HUD Section 8. As a property owner myself, I believe in my own property rights. I choose to buy investments where I choose to buy them and rent accordingly. So this is an unnecessary burden, as accepting these vouchers can be a tedious process, and there's already many landlords who focus solely on this program and work well with the government. But to be clear, this is not an issue of local control. It's a classic case of local overreach. This type of ordinance is an unfunded mandate forcing landlords to participate in a voluntary federal program. The bill simply returns the decision on whether or not to accept housing vouchers back to the individual landlords.
I understand the need to ensure affordable housing is accessible in each community. This is not the way to do it, however. Individuals should not be forced into partnerships with a government agency that significantly impacts its flexibility and day-to-day operation. Accepting these vouchers is not as simple as swiping a Lone Star Card at the grocery. If it was, I'm sure many more businesses would do so. And I would leave it at this---accepting these vouchers is more like accepting Medicaid. It's full of regulations and have lots of strings. We wouldn't expect all doctors to do that, so why should this be any different? And on a personal level, many of us own real estate as investments. Lots of people do that. So this would amend to make sure that it would prohibit which currently is a voluntary program from being prohibited.
REPRESENTATIVE BERNAL: I know there are a number of people here who want to talk about the Section 8 component of this, and we'll get to that. But I wanted to draw your attention and the members' attention to the actual language of the bill. I understand what you're trying to achieve, and I've voiced my opposition to that. I think that cities should be allowed to use as a tool something that ensures that people can live where they can and would like to live. I think there is something to be said about integrated neighborhoods. The way I read the bill, a private property owner could decide not to rent to someone based on where they work, because line 13 says because of a person's lawful source of income to pay rent. That means, in my reading, a private property owner could go and say---I don't like the fact that you work for the state because that's where your money comes from. That's what generates your income, so I won't rent to you. Or I don't like the fact that you work for the Jewish Community Center or Planned Parenthood or for the Texas Tribune. The way it's written, it allows private property owners to deny someone rent based on where they work, where their money comes from. In fact, I believe it denies someone---it would allow for a private property owner to say to a soldier or a retired police officer, because you're a pensioner and that's your lawful source of income, I will not rent to you.
HUBERTY: Well, I think those are interesting examples that you bring up. I would completely disagree with you. So you would say to me that this bill would then say to me that if you're a retired police officer or a veteran, that I'm not going to rent to you. I think the bottom line is that most people that own properties and rental properties in this state are making sure that people can pay their rent. That's really what the bottom line is. This is about personal property rights. If you decide to make an investment and buy a house or an apartment, per se; you control that asset, and you have a right to run that asset subject to---as you know, there's certain restrictions. You can't discriminate on race, religion, sexual orientation, things of that nature, right? We get that, okay, but you have a right to be able to make a decision on who you want to be able to rent to.
BERNAL: So two things. The first is that this bill doesn't distinguish between multi-family and single family units, does it?
HUBERTY: It's for all properties.
BERNAL: Right. So where a person may not want to rent out their home or their second home to someone, that's one situation. But it doesn't distinguish between people who are owners of 500-unit apartment complexes or several 500-unit apartment complexes.
HUBERTY: Representative, I would say to you that we either believe in personal private property rights or we don't.
BERNAL: I'm sorry?
HUBERTY: I said we either believe in personal property rights or we don't.
BERNAL: Well, I don't believe, necessarily, in absolutes. That's for sure. But my point is, the way that the bill is written---and I want to get to this point in particular. The way the bill is written, any of those private property owners, whether they own a single family home or they own a 500-unit apartment complex, they can look at someone's source of income, whether it's federal or private---they can look at that person's source of income, and they can decide based on where they get their money not to rent to them based on this language. And I want to give you an example. The City of San Antonio is charged with enforcing HUD regulations locally. So if I were to go and try to rent a property in San Antonio and that private property owner said to me---I don't like the fact that you're a state legislator. I don't like the fact that you get a per diem. That's where you get your money---I'm not going to rent to you. If this bill were to pass, I then can't go to the city and ask for recourse because this bill eliminates that recourse.
HUBERTY: I disagree with you. I don't think that's the intent. The intent is that---of the legislation---we talk about source of income, and at the bottom it talks about federal vouchers. That's what we're referencing on this. I think you're taking---we talked. You were respectful enough to come visit with me, and I respectfully disagreed with you. This is about private property rights and making sure that people can actually pay their rent. And if you've ever had to go through a situation where you've thought people can pay their rent and then you have to go through an eviction process where they don't pay you---as a landlord that only owns a few rental properties, it creates a hardship because then I'm the one stuck with that. I need to be able to have that right. I want to reaffirm landlords' and property rights. That's really what we're talking about.
BERNAL: That situation is true whether or not that person gets their money from the government or whether they get it themselves. Being delinquent or being evicted is not something that is unique to people who are on Section 8 or any other government program. But I will agree with you, and I will distinguish your intent---
HUBERTY: Again, we visited a while back, and I respectfully disagree with your interpretation of what we're talking about. The intent of this is very clear. We're trying to protect private property rights, and that's what we're trying to do. We're trying to make sure the landlords---
BERNAL: Representative, I understand that you're talking about your intent, and I believe what you're saying as far as your intent. I'm asking you to look at the language of the bill itself.
HUBERTY: I did look at the language of the bill.
BERNAL: The bill says because of the person's lawful source of income to pay rent. That's any source of income. There's no other way to interpret that.
HUBERTY: I think you're stretching.
BERNAL: The next line says including a federal housing choice voucher. So if you have a lawful source of income, that would allow the private property owner to then say, I'm not going to rent to you---and that person then has no recourse.
HUBERTY: Is that a question?
BERNAL: I'm asking if you read that differently? And if you do, can you explain to me how you read that line?
HUBERTY: I don't know how many more times I can tell you I disagree with you, but I don't interpret it that way. I interpret it as private property rights that landlords---we need to make sure to protect our individual investors and the people that own properties. And, yes, are there individuals who own 500 units? Of course there are. But there are also people that own 3 to 4 to 5 units out there, and we need to make sure that they have a right to protect their personal property.
BERNAL: I'm not going to belabor the point more. I understand your position; you understand mine. But I just want to state for the record that I'm asking you to interpret that line. Not the intent, not the spirit, but that line. That's what I'm asking about is that line.
HUBERTY: I think it gives the private property owners the right to be able make a decision whether they want to rent their personal property, their private assets, to an individual based on background checks and do they have the ability to pay rent.
BERNAL: Right. Background checks, ability to pay rent. That's not what this bill is about. This bill is about where they get their money.
HUBERTY: It has everything to do with it because we have to make sure they're making a living or they're getting income or they have a source of income.
BERNAL: But it's not whether they have a source---it is what source. That's what it says.
HUBERTY: That's not---no.
BERNAL: I would ask that you take a second with other folks and look at that one line.
REPRESENTATIVE E. RODRIGUEZ: Representative Huberty, I know we've talked about this at length, and I know that you know there were some agreements made on both sides, the senate and here, to try to---as you know Austin has an ordinance that we put in place, and I believe that there's going to be an amendment to strip it out. I know that we talked about that. Are you aware that in Austin---I can't speak for the entire state---but in Austin, 90 percent of the folks that are getting Section 8 vouchers are either black or Hispanic. Are you aware of that?
HUBERTY: I'm sure that's a correct statement if you're bringing it to me.
E. RODRIGUEZ: Again, I don't know how that reflects on the rest of the state necessarily, but unfortunately---and I know you as a good and decent and honorable man---unfortunately, I think what the outcome of this may be is that people of color are going to have a more difficult time renting because of their source of income, so to speak. I don't want to speak to what Representative Bernal said because I think you've made your position very clear, but source of income, I think, is a little bit too broad. That being said, if you have numbers like that, like in Austin, if they're even close to that statewide where people that get these Section 8 vouchers are predominately black and Hispanic, I think you're going to run into some legal problems in the future. I'm all for property rights, don't get me wrong on that. I'm just suggesting to you, if those numbers are correct on these kind of vouchers, do you think that could potentially be a problem for these low income, minority families getting a place to stay---to live, I should say, throughout the state?
HUBERTY: Well, you know---as a landlord myself---you can't discriminate based on race, origin, sexual orientation. That's against the law right now. So I hear what you're saying, but I would suggest to you that we have a responsibility in this body to make sure that we protect private rights of individuals and personal property rights. And that's what this bill is trying to accomplish---is to say I don't believe that the federal government has a right---first of all, it's very clear that---this is to the merit to the City of Dallas that Congress has amended the program, the voucher program. They have never voted to make it a mandatory program. So Congress itself has a voluntary---the Section 8 program is a voluntary program. But now what we're saying is that cities are coming in and they're saying, you know what, even though we know it's a voluntary program, we're going to mandate that private property owners have to take this program.
E. RODRIGUEZ: That's absolutely not what the ordinance in Austin says, and I know that ordinance a little bit better than you might. It just says that you cannot discriminate based solely on that. You being a landlord, and I'm sure you're a good landlord, know that you can still reject an application for many non-discriminatory reasons such as rental history, bad credit, criminal background check, and other things. There are lots of ways---if you want to try to prevent someone from moving into your private property, there's lots of ways to do that. All that the ordinance is saying is that one of those things can't exclusively be because they have a Section 8 voucher or, and I do agree with Representative Bernal, that this is so vague in a way that even if I'm a liberal landlord and I don't like Halliburton, I can potentially not rent to you because I don't like Halliburton because that's where my income comes from. I think this bill is overly broad. I think it was a well thought out two-year process here in Austin to do this ordinance to try to prevent the fact that---90 percent of these folks are black or Hispanic---you know, that's what we're trying to prevent from happening. And I'm concerned that with this bill, at least the way it's written now, representative, you know how I feel about it. I think if we grandfather Austin, I won't like it, but that helps. But I know Mr. Dale has an amendment to strip Austin out and that's a big problem. I think that members should know that this is more than just an Austin thing.
HUBERTY: I know where you're at, Representative Rodriguez, and my commitment to yourself and Representative Alvarado and Senator Watson was that I am not offering any amendments myself. If there are amendments, I will leave them to the will of the house because these are going to be discussions and debates amongst individual areas across the State of Texas. I know there are some concerns that some of the representatives from Dallas brought to my attention, as well, and I think everybody has the right to know what's going on.
(Kuempel in the chair)
COMMITTEE GRANTED PERMISSION TO MEET
Representative Deshotel requested permission for the Committee on Land and Resource Management to meet while the house is in session, at 3:55 p.m. today, in 3W.9, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Land and Resource Management, 3:55 p.m. today, 3W.9, for a formal meeting, to consider pending business.
SB 267 - (consideration continued)
Amendment No. 1
Representative Dale offered the following amendment to SB 267:
Amend SB 267 (house committee printing) as follows:
(1) On page 1, line 8, strike "(a)".
(2) On page 1, strike lines 15 and 16.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE DALE: This amendment makes this bill a statewide bill so that property owners across Texas are not forced to contract with the federal government in any way. That's simply what this amendment does.
REPRESENTATIVE GIDDINGS: Representative Dale, your amendment came up so quickly here. Would you please explain to me what your amendment does?
DALE: Yes, I'll do it again so you can hear it this time. This amendment makes sure that this bill applies statewide so that property owners across Texas are not forced to contract with the government to take housing vouchers. I'll also point out, if I may, that I represent the city of Austin, that's part of my constituency. I spoke today with the councilman that represents my part of Austin---we have single member districts now---he's in favor of this amendment. He thinks that the bill should apply statewide, and that's one reason I'm bringing this forward.
GIDDINGS: Representative Dale, are you aware that the City of Dallas entered into a voluntary compliance agreement with HUD and that one of the things we agreed to do in this voluntary agreement was to disperse housing for low-income people so that it was all over the city and not concentrated in one area? I'm concerned that if, in fact, your amendment goes on, it goes directly to an interference with an ordinance and a voluntary compliance agreement that the city has with HUD in Dallas.
DALE: I think without the amendment going on it directly interferes with a property owner's right to decide who they contract with and who they don't contract with.
GIDDINGS: Well, in the city of Dallas we seem to be doing fairly well without this, and we have not had any complaints from our property owners. We'd like to have you do whatever you'd like to do, I suppose, in the city of Austin. Perhaps you're not in a situation where your city has been sued for discriminatory practices. I'm not proud to say that we have, but basically we've moved on and we've tried to fix it. So this is a part of the fix---entering into this voluntary compliance. And we would like to have your amendment not interfere with those agreements that that city has made.
DALE: Is there a question?
GIDDINGS: That was a statement, but I can certainly ask you a question which would be without any complaints from our property owners in the city of Dallas. Why would you want to interfere in what is going on with the city of Dallas?
DALE: Well, I represent the city of Austin, and I've talked to landowners in the city of Austin that take exception with forcing landowners to contract with the federal government.
GIDDINGS: And I understand you're trying to take care of those persons in---
DALE: As I understand why you are doing the same.
GIDDINGS: Yes, that would be my question.
REPRESENTATIVE Y. DAVIS: Back to what Representative Giddings was talking about as it relates to your amendment---it would appear that you're putting Dallas in it, and we're currently under a court order from 2013. Does your amendment now include Dallas? Because as I understand the bill that was written before us, the city would have been grandfathered in, is that correct?
REPRESENTATIVE HUBERTY: Chairwoman Davis, let me run through what it is I know. Representative Villalba is here to talk about this, but I think this is probably one of the reasons this law was written. We have correspondence from senior congressman Representative Pete Sessions that reiterates the voluntary nature of the program. Furthermore, Representative Sessions clearly states that an action by HUD that would jeopardize HUD funding over a city's failure to pass a source of income ordinance would be a clear disregard of congressional intent. Remember, they are saying it's a voluntary program. The settlement agreement came out of a complaint filed by local developers when their plan to create low-income housing was directed by the city in 2010. HUD found no wrongdoing by the City of Dallas, and the settlement agreement contains a number of provisions aimed at increasing the city's commitment housing. There are really better ways to accomplish the goal in our opinion. The Apartment Association of Greater Dallas is currently working on a possible pilot project with the Inclusive Communities Project to make it easier for rental property owners to accept Section 8---
Y. DAVIS: Are you saying that based on what you just read that the City of Dallas is not in an agreement with HUD because of previous discrimination from 2013? Did you say that we are not in that voluntary agreement?
HUBERTY: It's my understanding that HUD has a voluntary program, and in order for them to force you, as a city, into an agreement, that that is not the congressional intent of what was brought out. So you have to approve the settlement, but that doesn't mean you have to have a meeting on it. That doesn't mean you have to accept it. I understand what is happening---you're supposed to be having a city ordinance. But I know there's members from Dallas here---Representative Villalba, who probably is more up to speed on your particular issue than I am, and I'd be more than happy to yield to him to answer your specific question.
Y. DAVIS: Great, because I just want to make sure that we don't lose sight of what I am suggesting, based on my understanding from my city attorneys, that the City of Dallas currently has an agreement with the federal government because of issues brought forth with regard to discrimination. That is an agreement that is in place right now with the City of Dallas.
REPRESENTATIVE VILLALBA: Repeat the question please.
Y. DAVIS: We're trying to establish whether or not SB 267 exempts the city of Dallas. Based on the date, it would appear that the voluntary agreement the City of Dallas is in would be grandfathered in, and so we wouldn't be affected by this. Then I think Chairman Huberty was talking about something that happened in---I just want to make sure that we don't lose sight of what we've been told in terms of where the city of Dallas stands and how this bill impacts the city of Dallas.
VILLALBA: With tremendous respect to Representative Dale and not being able to speak on this bill, I know it's Representative Huberty's prerogative which direction he goes on this amendment. I think you're right that if this amendment goes on, not only does it eliminate the ordinance that was passed in Austin for the Austin area, but it also picks up the settlement agreement in Dallas. This amendment would vitiate both the Austin ordinance and also it could jeopardize the agreement that we have in Dallas. So it affects two major metropolitan areas in the State of Texas. I will speak against this amendment. I don't think this is a good amendment for this legislation, but I don't speak for Chairman Huberty.
Y. DAVIS: You're talking about Mr. Dales's amendment, is that correct?
VILLALBA: That is correct, yes.
Y. DAVIS: Well, I agree with you that this is not a good amendment. So I just want to make sure we're clear because it sounded as though you were saying Dallas was covered, and as long as you're speaking against the amendment, I'll join you in voting that amendment down.
REPRESENTATIVE ALVARADO: Representative Dale, are you aware that there was a previous sponsor to this bill before Mr. Huberty?
DALE: No.
ALVARADO: Well, it was Mr. Springer and we had numerous conversations about preemption---about making sure that there would be language included on this bill that would allow a city like, say, Austin, who has an ordinance, to continue to execute and carry out their ordinance. Were you aware of that?
DALE: No, I was not privy to those conversations.
ALVARADO: So that was an agreement that we had; and it was a part of the discussion in the committee. I would ask you to reconsider and honor that agreement that was discussed.
DALE: I know there's lots of members of this house---I'm not a member of that committee. I wasn't aware of those conversations and each member has a right to---
ALVARADO: Well, I am. And that's why I'm telling you that there was discussion about it, and there was an agreement between myself and the previous bill author.
DALE: As you're aware, I'm not on the committee. I didn't have the opportunity to amend it in committee---
ALVARADO: I know that. You've said that now two times, and I know that you're not on the committee.
DALE: Sure, and I didn't get to finish my statement before, but this is the opportunity for members to influence legislation. This is my opportunity to do so. I didn't make any prior agreements with any member---had no discussions with other members about this amendment, so I'm offering this up here. I represent a city that's impacted by this directly, and I think it's a good amendment. I don't think any property owner should be forced to enter into an agreement with the federal government against their will. That's what the City of Austin ordinance does. I know of no other example where a private property owner is forced to enter into an agreement with the federal government against their will. I know of no comparison in state law. So it's simply an issue of property rights. I've had constituents that have had concerns about this, and that's why I offered it up here today.
ALVARADO: You keep referring to it as injecting the federal government. It's Section 8 housing.
DALE: Yes.
ALVARADO: I think it's unfortunate because, as I mentioned before, there was an agreement to keep this bill intact and to make sure that the City of Austin could carry out the ordinance that they passed last year. We don't like the federal government telling us what to do, yet we want to tell cities what to do and take away their local control. We just disagree on that.
DALE: If I could make something clear on behalf of our other colleagues that are here in the house. No other member from the house came to me and asked me to do this. No one said there was a deal, keep it quiet, you do this---that did not occur. If you have concerns that maybe some other member was involved with me doing this, that is not the case. I want to make that absolutely clear so there is no confusion about that.
GIDDINGS: It's true, isn't it, that very often down here in Austin we get up to the back and front mic and talk about local control. Is that right?
DALE: Yes, we do have frequent conversations about local control. I don't think that this is really an issue of local control, frankly. This has more to do with private entities being forced into contracts that they may not want to enter into.
GIDDINGS: Well, if the local elected officials, whether they be in Dallas or Austin, have, in fact, adopted an ordinance, and we are taking away whatever they have put into place, we are taking away their local control.
DALE: Well, I think in the case of how this ordinance was adopted on the last meeting of the lame duck council, with the last at-large council that the City of Austin had---and having consulted with the council member that represents the same part of Austin that I do, I'm comfortable bringing this forward because I think there was not the kind of deliberative discussion at city council that would occur today, perhaps. Again, I don't really see it as a local control issue. It has more to do with contracting and forcing people to do things they may not want to do.
REPRESENTATIVE E. RODRIGUEZ: How much of Austin do you represent, Representative Dale?
DALE: I represent about 37,000 residents of the city of Austin.
E. RODRIGUEZ: 37,000?
DALE: Yeah.
E. RODRIGUEZ: 37,000. And you consider yourself a Williamson County representative or an Austin representative?
DALE: Well, I represent multiple cities in Williamson County, so I represent the city of Cedar Park, the city of Austin, city of Leander, Brushy Creek, a little bit of Round Rock. And I always talk about that when people ask me what I represent.
E. RODRIGUEZ: We welcome you---we welcome that you represent a part of Austin, but it's a small part.
DALE: Well, we welcome strip annexation into our city to pull in shopping malls and things like that, too. We appreciate it.
E. RODRIGUEZ: Well, it's a relatively small part of Austin. But I want to talk about the process that you said---there was a two-year-long process this ordinance took, talking to citizens, going to the various parts of the community to address this problem. You have one council member right now. We've had single member districts since when? Since this year, right? Or late last year? So when this ordinance was being looked at we had seven citywide elected folks that decided and worked hard for two years to get this ordinance in place. Are you aware of that?
DALE: So you had seven people that decided that people that have certain property rights should be required to contract with the federal government?
E. RODRIGUEZ: That is not what this does, and I think that is a gross misrepresentation of what this bill does.
DALE: I don't think it is. If you have property, even if it's a single home, and you use a management service to either offer it for rent or to collect your rent, you have to participate in the program. Furthermore, there's fines.
E. RODRIGUEZ: That is absolutely not what this bill does. If your goal is just to say that private landlords cannot be forced to accept Section 8 vouchers, if that's your goal, then file an amendment that does that. What this bill itself does doesn't even do that. It just says wherever your source of income is. It is so broad it allows for landlords---now there's a lot of great landlords out there, but there are a few bad ones---it allows them to discriminate not only on the base on race, but anything, frankly.
DALE: So under federal law, as you well know, you can't discriminate based on race. You can't discriminate based on gender. I think it's disingenuous for you to say that. You know that's not true. You know every landlord is subject to those laws.
E. RODRIGUEZ: Ninety percent of Section 8 voucher holders here in Austin are black or Hispanic. That's a fact. You can discriminate in any given number of ways---I'm not saying you or any of that stuff. One can discriminate in any number of ways---it doesn't have to be that outright, that forward. There's many different ways that can happen. By virtue of saying that Section 8 housing should not be allowed, you are saying, for the most part, that minorities can be discriminated against. It's not by definition, but by effect and by proxy. And that's my concern here. I know I'm speaking a little bit more to the bill now, but what your amendment does is it eliminates a two-year-long process that the city council and the citizenry discussed and tried to be a fair way to address Austin's problem which is---are you familiar, are you aware that Austin has recently been designated as the most economically segregated city in the country? Are you aware of that?
DALE: You know, I've heard similar reports of that. I think that stems back to the 1930s and '40s and the way the city was set up. But I think you're probably also aware that there are more than 20,000 rental units in Austin. Many of them accept Section 8 vouchers, and there's less than 6,000 voucher holders in the whole city. There's more than enough inventory out there of people that accept these and really, again, what this amendment does---you've characterized it in different ways---it makes this bill a statewide bill, is what this does.
E. RODRIGUEZ: Well, I think what this amendment really does is just eliminate an ordinance that passed in Austin last year and potentially affects the city of Dallas in a very negative way as well. Representative, I think that this is completely unnecessary, and I'm disappointed.
HUBERTY: I made an agreement with Representative Alvarado in that all the amendments that are going to come down, because of the nature of this---that I'm going to leave these votes to the will of the house today. People can take a position as they want on these things, but that was the agreement that I made with Representative Alvarado today.
(Flynn now present)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on Land and Resource Management:
Cyrier on motion of Schubert.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Deshotel requested permission for the Committee on Land and Resource Management to meet while the house is in session, at 4:30 p.m. today, in 3W.9, to consider SB 1376.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Land and Resource Management, 4:30 p.m. today, 3W.9, for a formal meeting, to consider SB 1376.
SB 267 - (consideration continued)
Representative Huberty moved to postpone consideration of SB 267 until 4:25 p.m. today.
The motion prevailed.
SB 2049 ON SECOND READING
(Bell - House Sponsor)
SB 2049, A bill to be entitled An Act relating to qualifications of members of the board of directors of the Lone Star Groundwater Conservation District.
SB 2049 was passed to third reading.
CSSB 195 ON SECOND READING
(Crownover - House Sponsor)
CSSB 195, A bill to be entitled An Act relating to prescriptions for certain controlled substances, access to information about those prescriptions, and the duties of prescribers and other entities registered with the Federal Drug Enforcement Administration; authorizing fees.
(Cyrier now present)
CSSB 195 - REMARKS
REPRESENTATIVE SPITZER: Do we control---we being the Texas State House of Representatives---do we control the Drug Enforcement Administration of the federal government?
REPRESENTATIVE CROWNOVER: No, we do not.
SPITZER: Okay then, do we control the Department of Public Safety here in Texas?
CROWNOVER: Yes, we do.
SPITZER: Okay, and the Pharmacy Board, do they have any law enforcement authority? Can they bring guns in and make raids and do things that enforce drug laws?
CROWNOVER: No, they will be working with DPS. DPS will have a portal into this. This is an agreed upon bill that people have been working on. Dr. Schwertner, being a doctor and a pharmacist, this is a program that they have been working on for a long time to improve this program. DPS actually does not mind giving this up because it's kind of a stepchild for them, and they would rather focus on the things they really need to be doing. The Pharmacy Board is anxious to take over this and have a better, more controlled situation because there are serious problems that we are not addressing in the state right now. So I think this is a very good option. It will also get rid of the controlled substance registration which is duplicative and was really creating quite a few problems.
SPITZER: So you're saying that our Department of Public Safety is not doing a good job. Is that correct?
CROWNOVER: I didn't say that. I say they are happy this is an agreed upon thing that they can do. They are happy to give it up, and the Pharmacy Board is happy to take over this responsibility. It'll also save people money. The practitioners have been paying $25 a year, and it will go down to $12 a year. So I think that's a good thing.
SPITZER: I'm a practitioner, and it's not bothering me to pay the $12---because we do control DPS, and the DEA is the feds, and we don't really have much control over that as you previously said. Now, does the Pharmacy Board have any experience? Have they done controlled drugs before? Are they regulating them right now?
CROWNOVER: Well, I think this will give them a clearer line of who's in charge, who's responsible. This is a tremendously important thing for the State of Texas.
SPITZER: Oh, I agree it's important. No doubt about it.
CROWNOVER: We know that drug abuse is a huge problem, and we have got to get better control over it, and I think this is a good step. The people that are in favor of this are the insurance association, the pharmacists of Texas, the nurse practitioners, Texas Medical Association, Texas Orthopaedic Association, Texas Academy of Family Physicians, Texas Pharmacy Association, Coalition for Nurses, emergency physicians, Walgreens---so this is something that many, many people have had a hand in, and they think this is a step in the right direction.
SPITZER: But the Pharmacy Board has never done anything with controlled substances. They haven't shown that they can handle this, and they would have to require new bureaucracy. They'd have to have new fees. They'd have to have licenses. They'd have to have those things put in place, and they've never done that before as far as controlled substances. Is that correct?
CROWNOVER: I am not 100 percent sure on that, but they are anxious to do it.
Amendment No. 1
Representative Klick offered the following amendment to CSSB 195:
Amend CSSB 195 (house committee printing) on page 3, line 11, between "chapter" and the colon, by inserting "without registering with the Federal Drug Enforcement Administration".
Amendment No. 1 was adopted.
CSSB 195, 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. 5).
SB 519 ON SECOND READING
(Crownover - House Sponsor)
SB 519, A bill to be entitled An Act relating to the registration of dental support organizations; imposing a fee; requiring an occupational registration; providing a civil penalty.
SB 519 was passed to third reading by (Record 1323): 95 Yeas, 37 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Burkett; Burns; Canales; Clardy; Coleman; Collier; Cook; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Geren; Giddings; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Koop; Larson; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Naishtat; Nevárez; Oliveira; Otto; Paddie; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Shaheen; Sheffield; Smith; Stephenson; Thompson, S.; Turner, C.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zerwas.
Nays — Anderson, R.; Bell; Bonnen, G.; Burrows; Button; Capriglione; Cyrier; Fallon; Frank; Goldman; Hughes; Isaac; Keough; Krause; Landgraf; Laubenberg; Leach; Lozano; Metcalf; Meyer; Murphy; Murr; Rinaldi; Sanford; Schaefer; Sheets; Simmons; Simpson; Smithee; Spitzer; Springer; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, J.; White, M.
Present, not voting — Mr. Speaker; Kuempel(C).
Absent, Excused — Anchia; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Anderson, C.; Craddick; Dukes; Elkins; Flynn; Klick; Parker; Turner, S.; Zedler.
STATEMENTS OF VOTE
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted no.
C. Anderson
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted yes.
Craddick
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted no.
Flynn
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted no.
Parker
When Record No. 1323 was taken, I was shown voting yes. I intended to vote no.
Phelan
When Record No. 1323 was taken, I was shown voting yes. I intended to vote no.
Schofield
When Record No. 1323 was taken, I was shown voting yes. I intended to vote no.
Shaheen
REMARKS ORDERED PRINTED
Representative Spitzer moved to print remarks between Representative Crownover and Representative Spitzer on CSSB 195.
The motion prevailed.
SB 824 ON SECOND READING
(Clardy - House Sponsor)
SB 824, A bill to be entitled An Act relating to the number of jurors required in certain civil cases pending in a statutory county court.
Representative Clardy moved to postpone consideration of SB 824 until 8 a.m. Monday, May 25.
The motion prevailed.
SB 662 ON SECOND READING
(Alonzo - House Sponsor)
SB 662, A bill to be entitled An Act relating to the representation of certain indigent applicants for a writ of habeas corpus.
Representative Alonzo moved to postpone consideration of SB 662 until 4:45 p.m. today.
The motion prevailed.
SB 844 ON SECOND READING
(Meyer - House Sponsor)
SB 844, A bill to be entitled An Act relating to the expiration of licenses for insurance agents and adjusters.
Representative Meyer moved to postpone consideration of SB 844 until 3 p.m. Monday, May 25.
The motion prevailed.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 26).
SB 332 ON SECOND READING
(Hunter - House Sponsor)
SB 332, A bill to be entitled An Act relating to the use of maximum allowable cost lists related to pharmacy benefits.
SB 332 was passed to third reading.
SB 273 ON SECOND READING
(Guillen - House Sponsor)
SB 273, A bill to be entitled An Act relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.
SB 273 was passed to third reading.
SB 1129 ON SECOND READING
(Raymond - House Sponsor)
SB 1129, A bill to be entitled An Act relating to the transportation of a person with a mental illness.
SB 1129 was passed to third reading.
SB 1171 ON SECOND READING
(Paddie - House Sponsor)
SB 1171, A bill to be entitled An Act relating to the operation of certain oversize or overweight vehicles transporting timber, timber products, or forestry equipment on certain public roadways.
SB 1171 was passed to third reading.
SB 955 ON SECOND READING
(R. Miller and Shaheen - House Sponsors)
SB 955, A bill to be entitled An Act relating to permissible locations of open-enrollment charter schools created by certain institutions of higher education.
SB 955 was passed to third reading.
SB 1756 - VOTE RECONSIDERED
Representative Phillips moved to reconsider the vote by which SB 1756, as amended, was passed by Record No. 1295.
The motion to reconsider prevailed.
SB 1756 ON THIRD READING
(Phillips - House Sponsor)
The chair laid before the house, on its third reading and final passage,
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.
SB 1756 was read third time earlier today and was passed, as amended, by Record No. 1295.
Amendment No. 1 - Vote Reconsidered
Representative Phillips moved to reconsider the vote by which Amendment No. 1 was adopted.
The motion to reconsider prevailed.
Amendment No. 1 was withdrawn.
Amendment No. 3
Representative Phillips offered the following amendment to SB 1756:
Amend SB 1756 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 521.001, Transportation Code, is amended by adding Subsection (c) to read as follows:
(c) The department by rule may define types of vehicles that are "motorcycles" for the purposes of this chapter, in addition to those defined under Subsection (a)(6-a). The Texas Department of Motor Vehicles by rule may define the types of vehicles that are "motorcycles" for the purposes of Chapters 501, 502, and 503. This subsection applies only to vehicles manufactured by a manufacturer licensed under Chapter 2301, Occupations Code.
SECTION ____. Section 521.085(b), Transportation Code, is amended to read as follows:
(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is:
(1) a motorcycle described by Section 521.001(a)(6-a); or
(2) a type of motorcycle defined by the department under Section 521.001(c) and designated by the department as qualifying for operation under this section.
SECTION ____. Section 680.013, Transportation Code, is amended to read as follows:
Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. (a) A motorcycle, including a motorcycle described by Section 521.001(a)(6-a), may be operated in a preferential lane that is not closed to all vehicular traffic.
(b) In addition to a motorcycle described by Subsection (a), the department by rule may designate a type of motorcycle defined by the department under Section 521.001(c) that may be operated in a preferential lane that is not closed to all vehicular traffic.
Amendment No. 3 was adopted.
SB 1756, as amended, was passed by (Record 1324): 134 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; 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; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Smithee; 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; Coleman; Kuempel(C).
Absent, Excused — Anchia; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Bernal; Dukes; Giddings; McClendon; Sheffield; Turner, S.
STATEMENTS OF VOTE
When Record No. 1324 was taken, I was in the house but away from my desk. I would have voted yes.
Bernal
When Record No. 1324 was taken, I was in the house but away from my desk. I would have voted yes.
Giddings
When Record No. 1324 was taken, I was in the house but away from my desk. I would have voted yes.
Sheffield
SB 1 - COMMITTEE ON CALENDARS RULE ADOPTED
Pursuant to Rule 3, Section 4(2) and Rule 6, Section 16(f) of the House Rules, Representative Hunter moved to adopt the following rule governing floor consideration for SB 1:
Section 1. All original amendments that will be offered during second reading consideration of the bill must be filed with the chief clerk by 1 p.m. tomorrow.
The Committee on Calendars rule was adopted by (Record 1325): 128 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guerra; Guillen; Gutierrez; Harless; Herrero; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Bernal; Canales; González; Howard; Israel; Minjarez; Rodriguez, J.; Thompson, S.
Present, not voting — Mr. Speaker; Kuempel(C).
Absent, Excused — Anchia; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Davis, Y.; Dukes; Farrar; Hernandez; Romero.
STATEMENT OF VOTE
When Record No. 1325 was taken, my vote failed to register. I would have voted yes.
Romero
SJR 1 - COMMITTEE ON CALENDARS RULE ADOPTED
Pursuant to Rule 3, Section 4(2) and Rule 6, Section 16(f) of the House Rules, Representative Hunter moved to adopt the following rule governing floor consideration for SJR 1:
Section 1. All original amendments that will be offered during second reading consideration of the joint resolution must be filed with the chief clerk by 1 p.m. tomorrow.
The Committee on Calendars rule was adopted by (Record 1326): 128 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Nevárez; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Bernal; Canales; González; Howard; Israel; Minjarez; Naishtat; Rodriguez, J.
Present, not voting — Mr. Speaker; Kuempel(C).
Absent, Excused — Anchia; Johnson; Lucio; Muñoz; Peña; Price; Reynolds.
Absent — Davis, Y.; Dukes; Fallon; Oliveira; Thompson, S.
STATEMENT OF VOTE
When Record No. 1326 was taken, my vote failed to register. I would have voted yes.
Fallon
COMMITTEE GRANTED PERMISSION TO MEET
Representative Hunter requested permission for the Committee on Calendars to meet while the house is in session, at 5 p.m. today, in 3W.15, to set a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 5 p.m. today, 3W.15, for a formal meeting, to set a calendar.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 267 ON SECOND READING
(Huberty - House Sponsor)
SB 267, A bill to be entitled An Act relating to the regulation by a municipality or county of the rental or leasing of housing accommodations.
SB 267 was read second time earlier today, an amendment was offered, and SB 267 was postponed until this time. Amendment No. 1 was pending at the time of postponement.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Dale offered the following amendment to SB 267:
Amend SB 267 (house committee printing) on page 1, between lines 16 and 17, by inserting the following appropriately lettered subsection and relettering subsections of Section 250.007, Local Government Code, and cross-references to those subsections as necessary:
( ) This section does not affect any authority of a municipality or county to create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to encourage the acceptance of a housing voucher directly or indirectly funded by the federal government, including a federal housing choice voucher.
Amendment No. 2 was withdrawn.
Amendment No. 3
Representative Y. Davis offered the following amendment to SB 267:
Amend SB 267 (house committee printing) as follows:
(1) On page 1, line 8, strike "A municipality" and substitute "Except as provided by this section, a municipality".
(2) On page 1, between lines 16 and 17, insert the following appropriately lettered subsection and reletter subsections of Section 250.007, Local Government Code, and cross-references to those subsections as necessary:
( ) This section does not affect an ordinance or regulation that prohibits the refusal to lease or rent a housing accommodation to a military veteran because of the veteran's lawful source of income to pay rent.
REPRESENTATIVE Y. DAVIS: This is an amendment that just protects veterans, and I think it's acceptable to the author.
Amendment No. 3 was adopted.
Amendment No. 4
Representatives Y. Davis and Rose offered the following amendment to SB 267:
Amend SB 267 as follows:
(1) Add Subsection (c) to read as follows:
(c) This section does not affect any authority of a municipality or county or decree to create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to encourage the acceptance of a housing voucher directly or indirectly funded by the federal government, including a federal housing choice voucher.
Y. DAVIS: This is an amendment that we worked out with regard to the concerns that we had and added one word: decree. I think it's acceptable to the author.
Amendment No. 4 was adopted. (Rinaldi recorded voting no.)
Amendment No. 5
Representative T. King offered the following amendment to SB 267:
Amend SB 267 (house engrossed version) on page 1, lines 13 and 14, by striking "of the person's lawful source of income to pay rent, including a federal housing choice voucher" and substituting "the person's lawful source of income to pay rent derives from a federal housing assistance program".
REPRESENTATIVE T. KING: This amendment simply clarifies that the source of income that we're talking about is from a federal housing assistance program, and it's not talking about other forms of lawful income that that person may have, and I believe it's acceptable. It is acceptable to the author, and I move passage.
Amendment No. 5 was adopted. (Rinaldi recorded voting no.)
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on Calendars:
Alonzo on motion of Paddie.
Cook on motion of Paddie.
S. Davis on motion of Paddie.
Geren on motion of Paddie.
Giddings on motion of Paddie.
Harless on motion of Paddie.
K. King on motion of Paddie.
Larson on motion of Paddie.
Riddle on motion of Paddie.
E. Rodriguez on motion of Paddie.
The following member was granted leave of absence for the remainder of today to attend a meeting of the Committee on Calendars:
Hunter on motion of Paddie.
SB 267 - (consideration continued)
SB 267, as amended, was passed to third reading. (Bernal, Collier, and Miles recorded voting no.)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on Calendars:
Huberty on motion of Paddie.
(Speaker in the chair)
GENERAL STATE CALENDAR
(consideration continued)
CSSB 1735 ON SECOND READING
(Zerwas - House Sponsor)
CSSB 1735, A bill to be entitled An Act relating to tuition and fee exemptions at public institutions of higher education for certain military personnel and their dependents.
(Cook, S. Davis, Geren, Giddings, Harless, Larson, Riddle, and E. Rodriguez now present)
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of today because of important business in the district:
Alvarado on motion of Lozano.
Nevárez on motion of Collier.
The following member was granted leave of absence temporarily for today because of House Administration business:
Geren on motion of Otto.
CSSB 1735 - (consideration continued)
Representative Zerwas moved to postpone consideration of CSSB 1735 until 3 p.m. Sunday, May 24.
The motion prevailed.
(Alonzo and K. King now present)
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 662 ON SECOND READING
(Alonzo - House Sponsor)
SB 662, A bill to be entitled An Act relating to the representation of certain indigent applicants for a writ of habeas corpus.
SB 662 was read second time earlier today and was postponed until this time.
SB 662 was passed to third reading.
(Huberty now present)
GENERAL STATE CALENDAR
(consideration continued)
CSSB 1367 ON SECOND READING
(Anchia and Oliveira - House Sponsors)
CSSB 1367, A bill to be entitled An Act relating to certain obligations of and limitations on landlords.
Amendment No. 1
On behalf of Representatives Anchia and Schofield, Representative Collier offered the following amendment to CSSB 1367:
Amend CSSB 1367 (house committee printing) as follows:
(1) On page 2, line 1, strike "and, not later than 5 p.m. of the" and substitute an underlined period.
(2) On page 2, strike lines 2 through 12.
(3) On page 2, line 15, strike "and is deposited in the mail".
Amendment No. 1 was adopted.
CSSB 1367, as amended, was passed to third reading.
SB 295 ON SECOND READING
(Guillen - House Sponsor)
SB 295, A bill to be entitled An Act relating to tracking career information for graduates of Texas medical schools and persons completing medical residency programs in Texas.
SB 295 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE HOWARD: I just needed to ask you something if I could, Chairman Guillen, for legislative intent. I wanted to make sure that the Higher Education Coordinating Board would be able to use their current tracking sources, which are the Texas Medical Board and the National Resident Matching Program, as the source for obtaining this information rather than having to go to other sources---be able to use their current sources. Is that agreeable?
REPRESENTATIVE GUILLEN: Yes.
REMARKS ORDERED PRINTED
Representative Howard moved to print remarks between Representative Guillen and Representative Howard.
The motion prevailed.
SB 295 was passed to third reading.
POINT OF ORDER
Representative Tinderholt raised a point of order.
(Burkett in the chair)
COMMITTEE GRANTED PERMISSION TO MEET
Representative Cook requested permission for the Committee on State Affairs to meet while the house is in session, at 5:45 p.m. today, in 3N.4, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
State Affairs, 5:45 p.m. today, 3N.4, for a formal meeting, to consider pending business.
REMARKS ORDERED PRINTED
Representative E. Rodriguez moved to print all remarks on SB 267.
The motion prevailed.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the Committee on State Affairs:
Kuempel on motion of Sheets.
The following member was granted leave of absence for the remainder of today to attend a meeting of the Committee on State Affairs:
Giddings on motion of McClendon.
POINT OF ORDER DISPOSITION
The point of order was withdrawn.
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, postponed until May 21, postponed until 11 a.m. today, amendments were offered and disposed of, and SB 1173 was again postponed until this time.
Representative Phillips moved to postpone consideration of SB 1173 until 1 p.m. tomorrow.
The motion prevailed.
GENERAL STATE CALENDAR
(consideration continued)
CSSB 1436 ON SECOND READING
(Raymond - House Sponsor)
CSSB 1436, A bill to be entitled An Act relating to the setback requirements for a junkyard or an automotive wrecking and salvage yard; amending provisions subject to a criminal penalty.
CSSB 1436 was passed to third reading.
HB 663 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative K. King called up with senate amendments for consideration at this time,
HB 663, A bill to be entitled An Act relating to the designation of a portion of State Highway 207 in Armstrong County as the Hamblen Memorial Highway.
Representative K. King moved to concur in the senate amendments to HB 663.
The motion to concur in the senate amendments to HB 663 prevailed by (Record 1327): 132 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; 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, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Burkett(C); White, M.
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel.
Absent — Dukes; Thompson, E.
Senate Committee Substitute
CSHB 663, A bill to be entitled An Act relating to the designation of a portion of State Highway 207 in Armstrong County as the William Hamblen Memorial Highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 225, Transportation Code, is amended by adding Section 225.106 to read as follows:
Sec. 225.106. WILLIAM HAMBLEN MEMORIAL HIGHWAY. (a) The portion of State Highway 207 in Armstrong County between its intersection with Farm-to-Market Road 2272 and Farm-to-Market Road 285 is designated as the William Hamblen Memorial Highway.
(b) Subject to Section 225.021(c), the department shall:
(1) design and construct markers indicating the designation as the William Hamblen Memorial Highway and any other appropriate information; and
(2) erect a marker at each end of the highway and at appropriate intermediate sites along the highway.
SECTION 2. 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 1598 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative D. Miller called up with senate amendments for consideration at this time,
HB 1598, A bill to be entitled An Act relating to the Texas military forces oath of affirmation.
Representative D. Miller moved to concur in the senate amendments to HB 1598.
The motion to concur in the senate amendments to HB 1598 prevailed by (Record 1328): 129 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Krause; Rinaldi; Simpson; Spitzer; Stickland.
Present, not voting — Mr. Speaker; Burkett(C).
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel.
Absent — Dukes.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1598 (senate committee printing) in amended Section 437.205(b), Government Code (page 1, lines 22 and 23) by striking "the Texas military forces or who volunteers for the Texas military forces" and substituting "or who volunteers for the Texas military forces, other than the Texas National Guard,".
HB 1919 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
HB 1919, A bill to be entitled An Act relating to the applicability of certain provisions concerning invasive species.
Representative Phillips moved to concur in the senate amendments to HB 1919.
The motion to concur in the senate amendments to HB 1919 prevailed by (Record 1329): 128 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Rinaldi; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Burkett(C).
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel.
Absent — Dukes; Howard; Miller, D.; Thompson, E.
STATEMENT OF VOTE
When Record No. 1329 was taken, my vote failed to register. I would have voted yes.
E. Thompson
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1919 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 66.007(n)(3)(E), Parks and Wildlife Code (page 1, line 48), between "purposes" and the underlined period, insert ", provided that a person making a transfer of water described by this paragraph from a body of water in which there is a known exotic harmful or potentially harmful fish or shellfish population notifies the department annually in writing before the proposed transfer occurs".
(2) In SECTION 2 of the bill, in added Section 66.0072(g)(3)(E), Parks and Wildlife Code (page 2, line 15), between "purposes" and the underlined period, insert ", provided that a person making a transfer of water described by this paragraph from a body of water in which there is a known exotic harmful or potentially harmful fish or shellfish population notifies the department annually in writing before the proposed transfer occurs".
HB 1736 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Villalba called up with senate amendments for consideration at this time,
HB 1736, A bill to be entitled An Act relating to building energy efficiency performance standards.
Representative Villalba moved to concur in the senate amendments to HB 1736.
The motion to concur in the senate amendments to HB 1736 prevailed by (Record 1330): 111 Yeas, 18 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; 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; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Landgraf; Larson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Workman; Wray; Wu; Zerwas.
Nays — Anderson, R.; Bell; Hughes; Krause; Laubenberg; Leach; Murr; Rinaldi; Sanford; Schaefer; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Zedler.
Present, not voting — Mr. Speaker; Burkett(C); Coleman.
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel.
Absent — Button; Dukes; Metcalf; Phillips; Walle.
STATEMENTS OF VOTE
When Record No. 1330 was taken, I was in the house but away from my desk and was shown voting yes. I would have voted no.
Keough
When Record No. 1330 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 1330 was taken, I was in the house but away from my desk. I would have voted yes.
Metcalf
When Record No. 1330 was taken, my vote failed to register. I would have voted no.
Phillips
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1736 as follows:
(1) In Subsection (d) of SECTION 1 of the bill (Committee Printing page 2, lines 27-28) strike lines 27-28 and insert "adopt local amendments to the Energy Rating Index Compliance Alternative or subsequent alternative compliance path as described by Subsection (j).".
(2) In Subsection (i) of SECTION 1 of the bill (Committee Printing page 2, lines 36-37) strike lines 36-37 and insert "compliance. The Energy Rating Index Compliance Alternative or subsequent alternative compliance path as described by Subsection (j) shall be considered in".
(3) In Subsection (j) of SECTION 1 of the bill (Committee Printing page 2, line 40) between "Index" and "used" insert "Compliance Alternative or subsequent alternative compliance path".
(4) In Subsection (j) of SECTION 1 of the bill (Committee Printing page 2, line 41) strike "an edition of".
HB 1794 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative G. Bonnen called up with senate amendments for consideration at this time,
HB 1794, A bill to be entitled An Act 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.
Representative G. Bonnen moved to concur in the senate amendments to HB 1794.
The motion to concur in the senate amendments to HB 1794 prevailed by (Record 1331): 116 Yeas, 17 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Canales; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Landgraf; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Oliveira; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Schofield; Schubert; Shaheen; Sheets; Sheffield; Smith; Smithee; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zerwas.
Nays — Capriglione; Fallon; Frank; Isaac; Krause; Leach; Rinaldi; Sanford; Schaefer; Simmons; Simpson; Spitzer; Springer; Stickland; Tinderholt; Turner, E.S.; Zedler.
Present, not voting — Mr. Speaker; Burkett(C); Rose.
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel.
Absent — Dukes.
STATEMENTS OF VOTE
When Record No. 1331 was taken, I was in the house but away from my desk and was shown voting yes. I would have voted no.
Keough
When Record No. 1331 was taken, I was shown voting yes. I intended to vote no.
P. King
When Record No. 1331 was taken, I was shown voting yes. I intended to vote no.
Morrison
When Record No. 1331 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 1331 was taken, I was shown voting yes. I intended to vote no.
Wray
Senate Committee Substitute
CSHB 1794, A bill to be entitled An Act 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.107, Water Code, is amended to read as follows:
Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty recovered in a suit brought under this subchapter by a local government shall be [equally] divided as follows [between]:
(1) the first $4.3 million of the amount recovered shall be divided equally between:
(A) the state; and
(B) [(2)] the local government that brought the suit; and
(2) any amount recovered in excess of $4.3 million shall be awarded to the state.
SECTION 2. Subchapter H, Chapter 7, Water Code, is amended by adding Sections 7.359 and 7.360 to read as follows:
Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT OF CIVIL PENALTY. In determining the amount of a civil penalty to be assessed in a suit brought by a local government under this subchapter, the trier of fact shall consider the factors described by Section 7.053.
Sec. 7.360. LIMITATIONS. A suit for a civil penalty that is brought by a local government under this subchapter must be brought not later than the fifth anniversary of the earlier of the date the person who committed the violation:
(1) notifies the commission in writing of the violation; or
(2) receives a notice of enforcement from the commission with respect to the alleged violation.
SECTION 3. The changes in law made by this Act apply only to a violation that occurs on or after the effective date of this Act. A violation that occurs before the effective date of this Act is governed by the law in effect on the date the violation occurred, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the Committee on State Affairs:
Oliveira on motion of D. Bonnen.
HB 1140 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Israel called up with senate amendments for consideration at this time,
HB 1140, A bill to be entitled An Act relating to reports regarding the confinement of pregnant prisoners in county jails.
Representative Israel moved to concur in the senate amendments to HB 1140.
The motion to concur in the senate amendments to HB 1140 prevailed by (Record 1332): 104 Yeas, 26 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anderson, C.; Ashby; Aycock; Bernal; Blanco; Bohac; Bonnen, D.; Burns; Button; Canales; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Faircloth; Farias; Farney; Farrar; Fletcher; Frullo; Galindo; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Koop; Krause; Larson; Laubenberg; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; Meyer; Miles; Miller, R.; Minjarez; Moody; Morrison; Murphy; Naishtat; Otto; Paddie; Parker; Paul; Phelan; Pickett; Raney; Raymond; Riddle; Rodriguez, E.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smithee; Spitzer; Stephenson; Stickland; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zerwas.
Nays — Anderson, R.; Bell; Bonnen, G.; Burrows; Capriglione; Elkins; Fallon; Flynn; Frank; Goldman; Isaac; Keough; Klick; Landgraf; Leach; Metcalf; Miller, D.; Murr; Phillips; Rinaldi; Schaefer; Springer; Thompson, E.; Tinderholt; White, M.; Zedler.
Present, not voting — Mr. Speaker; Burkett(C); Rodriguez, J.
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel; Oliveira.
Absent — Dukes; McClendon; Smith.
STATEMENTS OF VOTE
When Record No. 1332 was taken, I was shown voting yes. I intended to vote no.
C. Anderson
When Record No. 1332 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 1332 was taken, I was in the house but away from my desk. I would have voted yes.
Smith
Senate Committee Substitute
CSHB 1140, A bill to be entitled An Act relating to the confinement of pregnant prisoners in county jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by adding Section 511.0103 to read as follows:
Sec. 511.0103. NOTIFICATION REGARDING POLICY CHANGE. In the manner prescribed by the commission, a county jail shall notify the commission of any change in the jail's policies and procedures related to:
(1) the provision of health care to pregnant prisoners; and
(2) the placement of a pregnant prisoner in solitary confinement or administrative segregation.
SECTION 2. (a) In this section, "commission" means the Commission on Jail Standards.
(b) Not later than September 1, 2016, each sheriff shall report to the commission regarding the implementation in the county jails in the sheriff's county of policies and procedures to provide adequate care to pregnant prisoners confined in the jail. A report to the commission must be on a form prescribed by the commission and include the following:
(1) a description of the sheriff's actions to comply with the rules and procedures adopted under Section 511.009(a)(18), Government Code, and any policies adopted by the sheriff regarding the placement of a pregnant prisoner in solitary confinement or administrative segregation;
(2) information regarding the health care provided to a pregnant prisoner, including the availability of:
(A) obstetrical or gynecological care;
(B) prenatal health care visits;
(C) mental health care; and
(D) drug abuse or chemical dependency treatment;
(3) a detailed summary of the following as applicable to pregnant prisoners:
(A) nutritional standards, including the average caloric intake of a pregnant prisoner and other dietary information;
(B) work assignments;
(C) housing conditions; and
(D) situations in which a pregnant prisoner has been restrained, including the reason a determination to use restraints was made under Section 361.082, Local Government Code; and
(4) the number of miscarriages experienced by pregnant prisoners confined in the jail between September 1, 2015, and the date the report is submitted.
(c) Not later than December 1, 2016, the commission shall compile, analyze, and summarize the information contained in the reports submitted by sheriffs under Subsection (b) of this section. The commission shall provide a copy of the summary to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) each standing committee of the senate and house of representatives having primary jurisdiction over matters relating to corrections.
(d) As soon as practicable after the effective date of this Act, the commission shall prescribe the form for a report required to be submitted under Subsection (b) of this section.
(e) This section expires February 1, 2017.
SECTION 3. Not later than December 1, 2015, the Commission on Jail Standards shall adopt rules to implement Section 511.0103, Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2015.
HB 2027 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative G. Bonnen called up with senate amendments for consideration at this time,
HB 2027, A bill to be entitled An Act relating to establishing precincts for elections held on a uniform election date by certain political subdivisions.
Representative G. Bonnen moved to concur in the senate amendments to HB 2027.
The motion to concur in the senate amendments to HB 2027 prevailed by (Record 1333): 129 Yeas, 2 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Goldman; Gonzales; González; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Simpson; Spitzer.
Present, not voting — Mr. Speaker; Burkett(C); Rodriguez, J.
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Geren; Giddings; Hunter; Kuempel; Oliveira.
Absent — Dukes; Guerra.
STATEMENT OF VOTE
When Record No. 1333 was taken, I was in the house but away from my desk. I would have voted yes.
Guerra
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2027 (senate committee printing) in SECTION 1 of the bill, in added Section 42.002(c)(1), Election Code (page 1, lines 44 through 47), by striking Subdivision (1) and substituting the following:
(1) conducts early voting by personal appearance:
(A) at 75 percent or more of its permanent or temporary branch polling places on the same days and during the same hours as voting is conducted at the main early voting polling place; and
(B) at each remaining polling place for at least two consecutive days of voting during the early voting period, and for at least eight hours on each of the two consecutive days; or
(Geren now present)
HB 1709 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harless called up with senate amendments for consideration at this time,
HB 1709, A bill to be entitled An Act relating to the closing, abandoning, and vacating of a public road by a county; authorizing the imposition of a fee.
Representative Harless moved to concur in the senate amendments to HB 1709.
The motion to concur in the senate amendments to HB 1709 prevailed by (Record 1334): 133 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; 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; Burkett(C).
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Giddings; Hunter; Kuempel; Oliveira.
Absent — Dukes.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1709 (senate committee printing) in SECTION 1 of the bill as follows:
(1) In added Section 251.058(f)(1), Transportation Code (page 2, line 12), strike "or".
(2) In added Section 251.058(f)(2), Transportation Code (page 2, line 14), between "Code" and the underlined period, insert the following:
;
(3) a telecommunications provider, as defined by Section 51.002, Utilities Code; or
(4) a video service provider, as defined by Section 66.002, Utilities Code
HB 2100 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Lozano called up with senate amendments for consideration at this time,
HB 2100, A bill to be entitled An Act relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Representative Lozano moved to concur in the senate amendments to HB 2100.
The motion to concur in the senate amendments to HB 2100 prevailed by (Record 1335): 131 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Alonzo; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; 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.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.
Nays — Tinderholt.
Present, not voting — Mr. Speaker; Burkett(C).
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Giddings; Hunter; Kuempel; Oliveira.
Absent — Allen; Dukes; Miller, R.
STATEMENT OF VOTE
When Record No. 1335 was taken, I was in the house but away from my desk. I would have voted yes.
R. Miller
Senate Committee Substitute
CSHB 2100, A bill to be entitled An Act relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3923 to read as follows:
CHAPTER 3923. EAST HOUSTON MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3923.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Harris County.
(4) "Director" means a board member.
(5) "District" means the East Houston Management District.
Sec. 3923.002. CREATION AND NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution.
Sec. 3923.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c) The district is created to supplement and not to supplant city services provided in the district.
Sec. 3923.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c) The creation of the district is in the public interest and is essential to further the public purposes of:
(1) developing and diversifying the economy of the state;
(2) eliminating unemployment and underemployment;
(3) developing or expanding transportation and commerce; and
(4) providing quality residential housing.
(d) The district will:
(1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a residential community and business center; and
(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping, removing graffiti from, and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be an improvement project that includes a street or road improvement.
(f) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec. 3923.005. DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3923.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) All or any part of the area of the district is eligible to be included in:
(1) a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303, Government Code; or
(4) an industrial district created under Chapter 42, Local Government Code.
(b) If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code, including the right to pledge the money as security for any bonds issued by the district for an improvement project. A project may not receive public funds under Section 380.002(b), Local Government Code, unless the project has been approved by the governing body of the city.
Sec. 3923.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3923.008. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3923.051. GOVERNING BODY; TERMS. The district is governed by a board of 11 directors who serve staggered terms of four years, with 5 or 6 directors' terms expiring June 1 of each odd-numbered year.
Sec. 3923.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY CITY. To be qualified to serve as a director appointed by the governing body of the city, a person must be:
(1) a resident of the district who is also a registered voter of the district;
(2) an owner of stock or a partnership or membership interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district; or
(3) an agent, employee, or tenant of a person described by Subdivision (2).
Sec. 3923.053. APPOINTMENT OF DIRECTORS; COMPOSITION OF BOARD. (a) The governing body of the city shall appoint directors from persons recommended by the board.
(b) In making appointments under this section, the governing body of the city shall ensure that:
(1) eight positions on the board are occupied by persons described by Sections 3923.052(2) or (3); and
(2) three positions on the board are occupied by persons described by Section 3923.052(1).
Sec. 3923.054. VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term.
Sec. 3923.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records.
(b) A director shall file a copy of the director's oath or affirmation with the secretary of the city.
Sec. 3923.056. QUORUM. A vacant director position is not counted for purposes of establishing a quorum.
Sec. 3923.057. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person.
Sec. 3923.058. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $50 for each board meeting. The total amount of compensation a director may receive each year may not exceed $2,000.
(b) A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
Sec. 3923.059. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to:
(1) actions taken by the director in the director's capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the district.
Sec. 3923.060. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board.
Sec. 3923.061. BOARD MEETINGS. The board shall hold meetings at a place accessible to the public.
Sec. 3923.062. INITIAL DIRECTORS. (a) The initial board includes:
(b) Not later than October 1, 2015, the governing body of the city shall appoint four additional initial directors to the board. Of the four initial directors appointed under this subsection:
(1) one director must be a person described by Section 3923.052(1); and
(2) three directors must be persons described by Section 3923.052(2) or (3).
(c) The terms of the initial directors expire June 1, 2017.
(d) Of the directors who replace an initial director, the terms of directors serving in positions 1 through 6 expire June 1, 2019, and the terms of directors serving in positions 7 through 11 expire June 1, 2021.
(e) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3923.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 3923.102. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
Sec. 3923.103. LOCATION OF IMPROVEMENT PROJECT. An improvement project described by Section 3923.102 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if the project is for the purpose of extending a public infrastructure improvement beyond the district's boundaries to a logical terminus.
Sec. 3923.104. DEVELOPMENT CORPORATION POWERS. The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project under that chapter.
Sec. 3923.105. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and
(2) may implement any project and provide any service authorized by this chapter.
(c) The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.
Sec. 3923.106. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec. 3923.107. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county or the city, to provide law enforcement services in the district for a fee.
Sec. 3923.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Sec. 3923.109. ECONOMIC DEVELOPMENT. (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a municipality; and
(2) Subchapter A, Chapter 1509, Government Code, provides to a municipality.
Sec. 3923.110. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3923.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of signatures and the procedure required for a disbursement or transfer of the district's money.
Sec. 3923.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain an improvement project or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Sec. 3923.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or secure the payment or repayment of any bond, note, or other temporary or permanent obligation or reimbursement or other contract with any person and the costs and expenses of the establishment, administration, and operation of the district and the district's costs or share of the costs or revenue of an improvement project or district contractual obligation or indebtedness by:
(1) the imposition of an ad valorem tax or sales and use tax or an assessment, user fee, concession fee, or rental charge; or
(2) any other revenue or resources of the district, or other revenue authorized by the city, including revenues from a tax increment reinvestment zone created by the city under applicable law.
Sec. 3923.154. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county; or
(2) at least 50 persons who own real property in the district subject to assessment, if more than 50 persons own real property in the district subject to assessment as determined by the most recent certified tax appraisal roll for the county.
Sec. 3923.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.
(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec. 3923.156. STORM WATER USER CHARGES. The district may establish user charges related to the operation of storm water facilities, including the regulation of storm water for the protection of water quality in the district.
Sec. 3923.157. NONPOTABLE WATER USER CHARGES. The district may establish user charges for the use of nonpotable water for irrigation purposes, subject to approval of the governing body of the city.
Sec. 3923.158. COSTS FOR IMPROVEMENT PROJECTS. The district may undertake separately or jointly with other persons, including the city or county, all or part of the cost of an improvement project, including an improvement project:
(1) for improving, enhancing, and supporting public safety and security, fire protection and emergency medical services, and law enforcement in or adjacent to the district; or
(2) that confers a general benefit on the entire district or a special benefit on a definable part of the district.
Sec. 3923.159. TAX AND ASSESSMENT ABATEMENTS. The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3923.201. TAX ABATEMENT. The district may enter into a tax abatement agreement in accordance with the general laws of this state authorizing and applicable to a tax abatement agreement by a municipality.
Sec. 3923.202. PROPERTY TAX AUTHORIZED. (a) The district may impose an ad valorem tax on all taxable property in the district to:
(1) pay for an improvement project of the types authorized by Section 52(b), Article III, and Section 59, Article XVI, Texas Constitution; or
(2) secure the payment of bonds issued for a purpose described by Subdivision (1).
(b) The district may not impose an ad valorem tax to pay for an improvement project under this chapter unless the imposition is approved by the voters of the district voting at an election held for that purpose. The board may call an election to approve the imposition of an ad valorem tax to pay for an improvement project under this chapter only if the board receives a petition requesting the election signed by:
(1) more than 51 percent of the record owners of real property in the district subject to taxation; or
(2) owners representing more than 51 percent of the appraised value of real property in the district subject to taxation, as determined by the tax rolls of the appraisal district.
Sec. 3923.203. SALES AND USE TAX. (a) The district may impose a sales and use tax if authorized by a majority of the voters of the district voting at an election called for that purpose. Revenue from the tax may be used for any purpose for which ad valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district.
(c) If the voters of the district approve the adoption of the tax at an election held on the same election date on which another political subdivision adopts a sales and use tax or approves an increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district, the election to adopt a sales and use tax under this chapter has no effect.
Sec. 3923.204. BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, sales and use taxes, or assessments in the manner provided by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local Government Code.
(b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
(c) In addition to the sources of money described by Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable wholly or partly by a pledge of any part of the money the district receives from improvement revenue or from any other source.
Sec. 3923.205. BOND MATURITY. Bonds may mature not more than 40 years from their date of issue.
Sec. 3923.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A) pay the interest on the bonds or other obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date.
SUBCHAPTER F. DISSOLUTION
Sec. 3923.251. DISSOLUTION BY CITY ORDINANCE. (a) The city by ordinance may dissolve the district.
(b) The city may not dissolve the district until the district's outstanding debt or contractual obligations that are payable from ad valorem taxes have been repaid or discharged, or the city has affirmatively assumed the obligation to pay the outstanding debt from city revenue.
Sec. 3923.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and payable according to their terms; or
(2) special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations.
Sec. 3923.253. CONCURRENCE ON ADDITIONAL POWERS. If the legislature grants the district a power that is in addition to the powers approved by the initial resolution of the governing body of the city consenting to the creation of the district, the district may not exercise that power unless the governing body of the city consents to that change by resolution.
Sec. 3923.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the city assumes, subject to the appropriation and availability of funds, the obligations of the district, including any bonds or other debt payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall transfer ownership of all district property to the city.
SECTION 2. The East Houston Management District initially includes all the territory contained in the following area:
The described area is +/- 2,438 acres (3.81 sq. miles) in size and is centered on Market Street and N. Wayside Drive in East Houston. The area is generally bounded by N. McCarty St., Amtrak Rail Spur and MNCW Railway on the east, Clinton Dr. & Greater East End District on the south, Southern Pacific Railway on the west and Wallisville Rd. on the north.
Beginning at a point where the right-of-way (ROW) centerline of Wallisville Road intersects with the ROW centerline of N. McCarty St. then southwest and south along ROW centerline of N. McCarty St. to a point west of northwest corner of 12.85 acre tract (ABST 8 J BROWN TR 15);
Then east along north boundary of said 12.85 acre tract, 0.8562 acre tract (GLENDALE TR 25A-1), and 6.8903 acre tract (GLENDALE TRS 25C-2 & 29D & 29H) to west easement of HB&T rail spur;
Then generally southeast and south along west easement of HB&T rail spur and east boundary of 2.644 acre tract (GLENDALE TR 29B), 12.3965 acre tract (GLENDALE TRS 25C 29 29D & 33A), 8.0352 acre tract (GLENDALE TRS 33D), and 0.6528 acre tract (GLENDALE TRS 33C & 33E) to south ROW of Munn St.;
Then west along south ROW of Munn St. to northeast corner of 0.1148 acre parcel (PORT HOUSTON NS LT 8 BLK 36);
Then south along east boundary of said 0.1148 acre parcel, and east boundary of PORT HOUSTON NS Subdivision to southeast corner of 0.8035 acre parcel (PORT HOUSTON NS LTS 6 THRU 11 & TRS 5B & 12B BLK 61);
Then west along south boundary of said 0.8035 acre parcel to a point north of northeast corner of 0.1148 acre parcel (PORT HOUSTON NS TR R20 BLK 62);
Then south across ROW of Tuffly St., and along east boundary of 0.1148 acre parcel (PORT HOUSTON NS TR R20 BLK 62), and east boundary of PORT HOUSTON NS TR R20 BLK 67, TR R20 BLK 68, TR R20 BLK 73, TR R20 BLK 74, TR R20 BLK 80, TR R20 BLK 81 and TR R20 BLK 84 to south easement of a HB&T railway;
Then southeast and east along south easement of HB&T railway to ROW centerline of Interstate Hwy 610 E;
Then south along ROW centerline of Interstate Hwy 610 E to ROW centerline of Clinton Dr. and coincident boundary line of Greater East End District (East End Boundary);
Then northwest along ROW centerline of Clinton Dr. and East End Boundary to west ROW of Dorsett St.;
Then north along west ROW of Dorsett St. and East End Boundary to south ROW of Tilgham St.;
Then west along south ROW of Tilgham St. and East End Boundary to east ROW of Labco St.;
Then north along east ROW of Labco St. and East End Boundary to south ROW of Market St.;
Then generally east along south ROW of Market St. and East End Boundary to east ROW of Dorsett St.;
Then north along east ROW of Dorsett St. and East End Boundary to ROW centerline of Lyons Ave.;
Then west along ROW centerline of Lyons Ave. and East End Boundary to ROW centerline of Crown St.;
Then south along ROW centerline of Crown St. and East End Boundary to ROW centerline of Market St.;
Then generally east along ROW centerline of Market St. and East End Boundary to west ROW of N. Wayside Dr./US 90-A Hwy West (southbound);
Then south across ROW of N. Wayside Dr. and along East End Boundary line to north easement of Amtrak Railway;
Then northwest along north easement of Amtrak Railway and East End Boundary line to ROW centerline of Clinton Dr.;
Then generally west and west northwest along ROW centerline of Clinton Dr. and East End Boundary line to east ROW of Lockwood Dr.;
Then north along east ROW of Lockwood Dr. to south easement Southern Pacific Railway;
Then east southeast along south easement of Southern Pacific Railway to a point northeast of northeast corner of 1.0752 acre parcel (GOLDEN TEX RES A) and railway split;
Then generally northeast and north along east easement of Southern Pacific Railway to ROW centerline of Wallisville Road;
Then east and east northeast along ROW centerline of Wallisville Road to west ROW of N. McCarty St. and beginning point of +/- 2,438 acre tract.
SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d) The general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with.
(e) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
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.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2100 (senate committee report) in SECTION 1 of the bill, by striking added Section 3923.154(b), Special District Local Laws Code (page 5, lines 47 through 54), and substituting the following:
(b) The petition must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.
HB 479 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bell called up with senate amendments for consideration at this time,
HB 479, A bill to be entitled An Act relating to transfer of the regional emergency medical dispatch resource centers program to the Commission on State Emergency Communications.
Representative Bell moved to concur in the senate amendments to HB 479.
The motion to concur in the senate amendments to HB 479 prevailed by (Record 1336): 128 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anderson, C.; Anderson, R.; Ashby; 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; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Isaac; Israel; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Minjarez; Moody; Morrison; Murphy; Murr; Naishtat; Otto; Paddie; Parker; Paul; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; 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 — Simpson; Spitzer; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Burkett(C).
Absent, Excused — Alvarado; Anchia; Johnson; Lucio; Muñoz; Nevárez; Peña; Price; Reynolds.
Absent, Excused, Committee Meeting — Giddings; Hunter; Kuempel; Oliveira.
Absent — Aycock; Dukes; Smithee.
STATEMENT OF VOTE
When Record No. 1336 was taken, I was shown voting yes. I intended to vote no.
Rinaldi
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 479 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 771, Health and Safety Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES PILOT PROJECT
Sec. 771.151. DEFINITIONS. In this subchapter:
(1) "Center" means the area health education center at the Texas Tech University Health Sciences Center that meets the requirements of 42 U.S.C. Section 294a and has received federal funding as an area health education center.
(2) "Emergency medical services" means services used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury.
(3) "Emergency medical services provider" means a person who uses or maintains emergency medical services vehicles, medical equipment, and emergency medical services personnel to provide emergency medical services.
(4) "Emergency prehospital care" means care provided to the sick or injured before or during transportation to a medical facility, and includes any necessary stabilization of the sick or injured in connection with that transportation.
(5) "Regional trauma resource center" means a trauma facility that the center selects to participate in the project.
(6) "Rural area" means:
(A) a county with a population of 50,000 or less; or
(B) a large, isolated, and sparsely populated area of a county with a population of more than 50,000.
(7) "Telemedicine medical service" means a health care service that is initiated by a physician or provided by a health professional acting under physician delegation and supervision, that is provided for purposes of patient assessment by a health professional, diagnosis or consultation by a physician, or treatment, or for the transfer of medical data, and that requires the use of advanced telecommunications technology, other than telephone or facsimile technology, including:
(A) compressed digital interactive video, audio, or data transmission;
(B) clinical data transmission using computer imaging by way of still-image capture and store and forward; and
(C) other technology that facilitates access to health care services or medical specialty expertise.
(8) "Trauma facility" means a health care facility that is capable of comprehensive treatment of seriously injured persons and is a part of an emergency medical services and trauma care system.
Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The commission, with the assistance of the center, shall establish a pilot project to provide emergency medical services instruction and emergency prehospital care instruction through a telemedicine medical service provided by regional trauma resource centers to:
(1) health care providers in rural area trauma facilities; and
(2) emergency medical services providers in rural areas.
(b) The commission shall provide technical assistance to the center in implementing the pilot project.
(c) The center, with the assistance of the commission, shall:
(1) design criteria and protocols for the telemedicine medical service and related instruction and provide the oversight necessary to conduct the pilot project;
(2) define criteria to determine when telemedicine medical services that provide instructions for emergency medical services, emergency prehospital care, and trauma care should be transferred to an emergency medical resource center for intervention; and
(3) collect the data necessary to evaluate the project.
(d) The center may make available appropriate resources for individuals who do not speak English.
Sec. 771.153. STAFF. The center shall provide the telemedicine medical service and related instruction for the pilot project through health care providers in regional trauma resource centers, including physicians, pharmacists, emergency medical personnel, and other health professionals acting under physician delegation and supervision.
Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The center shall determine the trauma facilities and emergency medical services providers that are interested in participating in the pilot project.
(b) A trauma facility or emergency medical services provider participating in the pilot project must agree to successfully complete any required training and to provide all reports required by the center for the project.
Sec. 771.155. SELECTION OF PROJECT PARTICIPANTS AND REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the assistance of the commission, may select trauma facilities and emergency medical services providers to participate in the pilot project and select trauma facilities to serve as regional trauma resource centers.
(b) A trauma facility may not be selected to participate in the project or to serve as a regional trauma resource center unless the facility:
(1) has a quality assurance program that measures each health care provider's compliance with the medical protocol;
(2) uses emergency medical services and emergency prehospital care protocols approved by a physician medical director knowledgeable in emergency medical services and emergency prehospital care;
(3) has experience in providing emergency medical services and emergency prehospital care that the center determines is sufficient; and
(4) has resources sufficient to provide the additional telemedicine medical services and related instruction required for the pilot project in addition to the health care services already provided by the facility.
(c) In selecting a trauma facility to serve as a regional trauma resource center, the center shall consider the facility personnel's ability to maintain records and produce reports to measure the effectiveness of the pilot project. The center shall share information regarding that ability with the commission.
Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money collected under Section 771.072(f) may be appropriated to the commission to fund the pilot project.
(b) The center may seek grants to fund the pilot project.
(c) A political subdivision with a trauma facility that participates in the pilot project may pay part of the costs of the pilot project.
(d) If a sufficient number of political subdivisions in a region that may be served by the pilot project agree to pay the center an amount that together with other funding received under this section is sufficient to fund the pilot project for the region, the center shall:
(1) contract with the political subdivisions for each to pay an appropriate share of the cost; and
(2) implement the project for the region when the amounts agreed to in the contracts and any other funding received under this section are sufficient to fund the project for the region.
Sec. 771.157. REPORT TO LEGISLATURE. The center, in cooperation with the commission, shall report its findings to the governor and the presiding officer of each house of the legislature, not later than December 31, 2020.
Sec. 771.158. LIABILITY. The operations of the center and a regional trauma resource center are considered to be the provision of 9-1-1 services for purposes of Section 771.053. Employees of and volunteers at the regional trauma resource center have the same protection from liability as a member of the governing body of a public agency under Section 771.053.
Sec. 771.159. WORK GROUP. (a) The center may appoint a project work group to assist the center in developing, implementing, and evaluating the project and preparing a report on the center's findings.
(b) A member of the work group is not entitled to compensation for serving on the project work group and may not be reimbursed for travel or other expenses incurred while conducting the business of the project work group.
(c) The project work group is not subject to Chapter 2110, Government Code.
Sec. 771.160. EXPIRATION. This subchapter expires January 1, 2021.
(Kuempel and Oliveira now present)
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.)
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Investments and Financial Services, upon final adjournment today, Desk 3, for a formal meeting, to consider SB 1282 and pending business.
Appropriations, upon final adjournment today, 1W.14, for a formal meeting, to consider SB 1925.
Ways and Means, upon final adjournment today, Desk 1, for a formal meeting, to consider pending business.
ADJOURNMENT
Representative S. King moved that the house adjourn until 10:30 a.m. tomorrow.
The motion prevailed.
The house accordingly, at 6:10 p.m., adjourned until 10:30 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 130 (By Parker), Designating May 26 as John Wayne Day for a 10-year period beginning in 2015.
To Culture, Recreation, and Tourism.
SB 93 to Transportation.
SB 1133 to Business and Industry.
SB 1227 to Insurance.
SB 1497 to Public Education.
SB 1568 to Public Education.
SB 1908 to County Affairs.
SB 2016 to Urban Affairs.
SB 2072 to Special Purpose Districts.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 23
HB 104, HB 120, HB 121, HB 122, HB 157, HB 184, HB 219, HB 239, HB 369, HB 426, HB 441, HB 473, HB 497, HB 574, HB 598, HB 671, HB 706, HB 716, HB 721, HB 745, HB 797, HB 826, HB 875, HB 904, HB 968, HB 973, HB 978, HB 995, HB 1022, HB 1040, HB 1052, HB 1062, HB 1146, HB 1187, HB 1235, HB 1261, HB 1264, HB 1293, HB 1331, HB 1372, HB 1415, HB 1417, HB 1422, HB 1428, HB 1466, HB 1500, HB 1560, HB 1596, HB 1707, HB 1725, HB 1771, HB 1790, HB 1814, HB 1819, HB 1833, HB 1890, HB 1925, HB 1953, HB 1963, HB 2038, HB 2050, HB 2052, HB 2115, HB 2145, HB 2167, HB 2179, HB 2181, HB 2189, HB 2207, HB 2230, HB 2244, HB 2293, HB 2339, HB 2466, HB 2507, HB 2515, HB 2519, HB 2536, HB 2552, HB 2557, HB 2628, HB 2667, HB 2717, HB 2732, HB 2735, HB 2767, HB 2788, HB 2853, HB 2900, HB 3062, HB 3067, HB 3211, HB 3236, HB 3245, HB 3337, HB 3513, HB 3536, HB 3538, HB 3555, HB 3741, HB 3868, HB 4127, HCR 56, HCR 65, HCR 69, HCR 70, HCR 121, HCR 129
Senate List No. 26
SB 130, SB 367, SB 734, SB 746, SB 755, SB 795, SB 904, SB 918, SB 1081, SB 1107, SB 1389, SB 1734
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 22, 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 21
Kacal
SPONSOR: Bettencourt
|
Relating to authorizing patients with certain terminal illnesses to access certain investigational drugs, biological products, and devices that are in clinical trials.
(Committee Substitute)
Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 22, 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:
HB 872
Raymond
SPONSOR: Whitmire
|
Relating to the reactivation of a peace officer license; authorizing fees.
HB 1061
Turner, Chris
SPONSOR: Whitmire
|
Relating to the prosecution of the offense of interference with public duties.
HB 1386
Raymond
SPONSOR: Ellis
|
Relating to the prohibition of more than one counsel appearing in a misdemeanor case.
HB 3724
Herrero
SPONSOR: Whitmire
|
Relating to the consideration of certain scientific evidence constituting the basis for an application for a writ of habeas corpus.
Relating to a study by the Electric Reliability Council of Texas on securing critical infrastructure from electromagnetic, geomagnetic, terrorist, and cyber-attack threats.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 5
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 22, 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:
HB 10
Thompson, Senfronia
SPONSOR: Huffman
|
Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses; to the prevention, prosecution, and punishment of those offenses, and to compensation paid to victims of those offenses.
(Amended)
HB 372
Riddle
SPONSOR: Whitmire
|
Relating to the monitoring of the Internet access of certain sex offenders placed on community supervision or released on parole or to mandatory supervision.
(Committee Substitute)
HB 510
Moody
SPONSOR: Ellis
|
Relating to disclosure of certain information about expert witnesses in a criminal case.
HB 1036
Johnson
SPONSOR: Whitmire
|
Relating to reporting requirements for certain injuries or deaths caused by peace officers and for certain injuries or deaths of peace officers.
(Committee Substitute)
HB 1054
Clardy
SPONSOR: Zaffirini
|
Relating to developmental education programs under the Texas Success Initiative for public institutions of higher education.
HB 1300
Capriglione
SPONSOR: Seliger
|
Relating to eligibility requirements for admission of certain persons to educator preparation programs.
HB 1510
Thompson, Senfronia
SPONSOR: Garcia
|
Relating to liability of persons who lease dwellings to persons with criminal records.
(Committee Substitute)
HB 2000
Gutierrez
SPONSOR: Watson
|
Relating to the purchase of certain commodity items by an entity other than a state agency.
HB 2025
Gonzales, Larry
SPONSOR: Schwertner
|
Relating to participation of certain school districts in the three-year high school diploma plan pilot program.
HB 2135
Miller, Doug
SPONSOR: Watson
|
Relating to the purchasing of a firearm of an honorably retired or deceased peace officer.
(Committee Substitute)
HB 2463
Raymond
SPONSOR: Campbell
|
Relating to the continuation of the functions of the Department of Assistive and Rehabilitative Services and certain other functions.
(Committee Substitute/Amended)
HB 3823
Price
SPONSOR: Rodríguez
|
Relating to rate-setting and data collection processes under the program of all-inclusive care for the elderly.
HB 3996
Blanco
SPONSOR: Uresti
|
Relating to the donation of juror reimbursements.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 21
Criminal Jurisprudence - SB 145, SB 147, SB 630
Culture, Recreation, and Tourism - SB 987, SB 1181, SB 1978, SCR 22, SCR 41
Economic and Small Business Development - SB 208
Elections - SB 1034, SB 1041
General Investigating and Ethics - SB 10
Higher Education - SB 1543
Homeland Security and Public Safety - SB 1056, SB 1529
House Administration - SCR 9, SCR 24, SCR 40
Insurance - SB 189, SB 900, SB 1060, SB 1628
Judiciary and Civil Jurisprudence - SB 418, SB 1025, SB 1876, SJR 8
Juvenile Justice and Family Issues - SB 183, SB 390, SB 813, SB 821, SB 830, SB 950, SB 1174, SB 1406, SB 1707, SB 1726, SB 1727
Licensing and Administrative Procedures - SB 881
Natural Resources - SB 413, SB 521, SB 551, SB 1051, SB 1162, SB 1459
Pensions - SB 1940
Public Education - SB 96, SB 159, SB 453, SB 496, SB 996, SB 1003, SB 1259
Public Health - SB 1243, SB 1462
Special Purpose Districts - SB 2038, SB 2039
State Affairs - SB 1296
Transportation - SB 444
Ways and Means - SB 1, SB 545, SB 759, SB 1049, SB 1154, SB 1760, SJR 1, SJR 30
ENROLLED
May 21 - HB 104, HB 120, HB 121, HB 122, HB 157, HB 184, HB 219, HB 239, HB 369, HB 426, HB 441, HB 473, HB 497, HB 574, HB 598, HB 671, HB 706, HB 716, HB 721, HB 745, HB 797, HB 826, HB 875, HB 904, HB 968, HB 973, HB 978, HB 995, HB 1022, HB 1040, HB 1052, HB 1062, HB 1146, HB 1187, HB 1235, HB 1261, HB 1264, HB 1293, HB 1331, HB 1372, HB 1415, HB 1417, HB 1422, HB 1428, HB 1466, HB 1500, HB 1560, HB 1596, HB 1707, HB 1725, HB 1771, HB 1790, HB 1814, HB 1819, HB 1833, HB 1890, HB 1925, HB 1953, HB 1963, HB 2038, HB 2050, HB 2052, HB 2115, HB 2145, HB 2167, HB 2179, HB 2181, HB 2189, HB 2207, HB 2230, HB 2244, HB 2293, HB 2339, HB 2466, HB 2507, HB 2515, HB 2519, HB 2536, HB 2552, HB 2557, HB 2628, HB 2667, HB 2717, HB 2732, HB 2735, HB 2767, HB 2788, HB 2853, HB 2900, HB 3062, HB 3067, HB 3211, HB 3236, HB 3245, HB 3337, HB 3513, HB 3536, HB 3538, HB 3555, HB 3741, HB 3868, HB 4127, HCR 56, HCR 65, HCR 69, HCR 70, HCR 121, HCR 129
SIGNED BY THE GOVERNOR
May 21 - HB 975, HB 1042, HB 1051, HB 1219, HB 1443, HB 1740, HB 3031